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HomeMy WebLinkAbout2015-284 1 RESOLUTION NO. 2015-284 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A CDBG GRANT 3 FUNDED PARK SAFETY CAMERA EXPANSION AT WILDWOOD PARK, BLAIR 4 PARK AND A SAFETY CAMERA EXPANSION IN THE 40TH STREET CORRIDOR FOR THE SAN BERNARDINO POLICE DEPARTMENT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. After a review of official responses to City public bid F-12-10, CelPlan 9 Technologies Incorporated, of Reston, Virginia was found to be the lowest compliance bidder 10 for the Downtown Camera Protection Zone system as described in City public bid F-12-10. 11 Considering that CelPlan Technologies is the current contracted maintenance provider for the 12 13 existing Downtown Camera Protection Zone and considering that CelPlan has presented 14 Statement of Works for camera expansion projects on 40th Street, Wildwood Park, Blair Park 15 and a Statement of Work for ALPR camera installation, pursuant to San Bernardino 16 Municipal Code 3.04.010(b)(3), the Mayor and Common Council hereby approve a selected 17 source justification for the purchase of these expansion projects for our Downtown Camera 18 Protection Zone project from CelPlan Technologies, of Reston, Virginia 19 20 SECTION 2. That the City Manager is hereby authorized to execute a Vendor 21 Service Agreement, attached hereto as Exhibit "A," between CelPlan Technologies 22 Incorporated and the City of San Bernardino. 23 SECTION 3. The authorization to sign the Vendor Service Agreement referenced in 24 Section 2 of this resolution is rescinded if the Vendor Service Agreement is not signed by 25 26 both parties within sixty (60) days of the passage of this resolution. 27 28 1 1 SECTION 4. The Finance Department is hereby authorized to issue a purchase order 2 to CelPlan Technologies Incorporated, of Reston, Virginia, for the purchase of this set of 3 camera expansion projects for the Downtown Camera Protection Zone system for the San 4 Bernardino Police Department in an amount not to exceed $273,011.78. The purchase order 5 shall read "401h Street Corridor Expansion of the Downtown Camera Protection Zone 6 7 System". 8 9 10 HI 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF A CDBG GRANT 2 FUNDED PARK SAFETY CAMERA EXPANSION AT WILDWOOD PARK AND A SAFETY CAMERA EXPANSION IN THE 40TH STREET CORRIDOR FOR THE 3 SAN BERNARDINO POLICE DEPARTMENT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 6 7 the 21s' day of December, 2015, by the following vote, to wit: 8 Council Members: Ayes Nays Abstain Absent 9 MARQUEZ X 10 BARRIOS x 11 VALDIVIA X 12 SHORETT X NICKEL X 13 w JOHNSON X 14 MULVIHILL X 15 _ 16 GeorgeanriAlanna, CM , City Clerk 17 "to The foregoing Resolution is hereby approved thisy?� day of December, 2015. 18 19 12 4��9 20 R. Carey Dav's, Mayor City of Sa ernardino 21 Approved as to form: 22 Gary D. Saenz, City Attorney 23 , By: 24 25 26 27 28 3 2015-284 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CELPLAN TECHNOLOGIES,INC. This Vendor Services Agreement is entered into this 91 .,t day of nPPPmhPr 2015 by and between CelPlan Technologies Incorporated, of Reston,Virginia ("VENDOR") and the City of San Bernardino, California ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the installation, configuration, and activation of five new expansion cameras for the CITY'S existing Crime Camera System operated by the San Bernardino Police Department; NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and services as set forth in CelPlan Technologies' proposed Statement of Work Reference Number SAN50822 (dated August 22, 2015) as Exhibit "A," proposed Statement of Work Reference Number SAN50823 (dated August 23, 2015) as Exhibit "B," proposed Statement of Work Reference Number SAN50824 (dated August 24, 2015) as Exhibit "C," and proposed Statement of Work Reference Number SAN50925 (dated September 25, 2015) as Exhibit"D," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the VENDOR, shall retain deliver, install, configure, activate and provide the training outlined in the VENDOR'S Technologies' proposed Statement of Work Reference Number SAN50822 (dated August 22, 2015) as Exhibit "A," proposed Statement of Work Reference Number SAN50823 (dated August 23, 2015) as Exhibit `B," proposed Statement of Work Reference Number SAN50824 (dated August 24, 2015) as Exhibit "C," and proposed Statement of Work Reference Number SAN50925 (dated September 25, 2015) as Exhibit"D" for an amount not to exceed $273,011.78. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The initial term of this Agreement shall be for a period of six months. The VENDOR must complete all work with 120 days of receipt of a City Purchase Order. The CITY may terminate this Agreement at any time by giving thirty (30) days written notice to Vendor. CITY shall pay all that is payable under this Agreement to Vendor until the date of termination. 1 2015-284 Effect of Termination. If this Agreement is terminated as provided herein, CITY may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 2 2015-284 Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance, and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Michael Madden, Police Lieutenant Mr. Jasper Bruinzeel San Bernardino Police Department CelPlan Technologies Inc. 710 North"D" Street 1920 Association Dr., 4th Floor San Bernardino, CA 92401 Reston, VA 20191 Telephone: (909) 384-5742 Telephone: (760) 274-4214 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary, and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San 3 2015-284 Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 4 2015-284 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CELPLAN TECHNOLOGIES, INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 12015 CelPlan Technologies Inc. By: Leonhard Korowajczuk, CEO Dated , 2015 CITY OF SAN BERNARDINO By: Approved as to Form: City Manager Gary D. Saenz, City Attorney 5 2015-284 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CELPLAN TECHNOLOGIES, INC. This Vendor Services Agreement is entered into this 9 1 Gr day of nPrPmhPr .2015 by and between CelPlan Technologies Incorporated, of Reston,Virginia ("VENDOR") and the City of San Bernardino, California ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the installation, configuration, and activation of five new expansion cameras for the CITY'S existing Crime Camera System operated by the San Bernardino Police Department; NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and services as set forth in CelPlan Technologies' proposed Statement of Work Reference Number SAN50822 (dated August 22, 2015) as Exhibit "A," proposed Statement of Work Reference Number SAN50823 (dated August 23, 2015) as Exhibit `B," proposed Statement of Work Reference Number SAN50824 (dated August 24, 2015) as Exhibit "C," and proposed Statement of Work Reference Number SAN50925 (dated September 25, 2015) as Exhibit"D," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the VENDOR, shall retain deliver, install, configure, activate and provide the training outlined in the VENDOR'S Technologies' proposed Statement of Work Reference Number SAN50822 (dated August 22, 2015) as Exhibit "A," proposed Statement of Work Reference Number SAN50823 (dated August 23, 2015) as Exhibit "B," proposed Statement of Work Reference Number SAN50824 (dated August 24, 2015) as Exhibit "C," and proposed Statement of Work Reference Number SAN50925 (dated September 25, 2015) as Exhibit"D" for an amount not to exceed $273,011.78. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The initial term of this Agreement shall be for a period of six months. The VENDOR must complete all work with 120 days of receipt of a City Purchase Order. The CITY may terminate this Agreement at any time by giving thirty (30) days written notice to Vendor. CITY shall pay all that is payable under this Agreement to Vendor until the date of termination. 1 2015-284 Effect of Termination. If this Agreement is terminated as provided herein, CITY may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 2 2015-284 Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance, and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Michael Madden, Police Lieutenant Mr. Jasper Bruinzeel San Bernardino Police Department CelPlan Technologies Inc. 710 North"D" Street 1920 Association Dr., 4th Floor San Bernardino, CA 92401 Reston, VA 20191 Telephone: (909) 384-5742 Telephone: (760) 274-4214 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary, and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San 3 2015-284 Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. HI 4 2015-284 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CELPLAN TECHNOLOGIES, INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2ot ,�91'S' CelPlan Technologies Inc. � 4w Gort.,tom�4�By: M. , Leonhard Korowajczuk, CEO Dated b ,241-5 CITY OF SAN BERNARDINO By: u Approved as to Form: City Manager Gary D. Saenz, City Attorney 5