HomeMy WebLinkAbout2017-110A1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18'.
19'
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2017-110A
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF
SUPPLEMENTAL ENHANCEMENTS TO THE EXISTING 2017 PUBLIC SAFETY
CAMERA SYSTEM EXPANSION PROJECT
WHEREAS, the City of San Bernardino established a Downtown Camera Protection
Zone project to deploy safety cameras in the downtown area in 2011 and has since that time
expanded the project to become a citywide Public Safety Camera Project; and
WHEREAS, the City of San Bernardino participates in the United States Department
of Housing and Urban Development's (HUD) Community Development Block Grant
(CDBG), Program; and
WHEREAS, on May 2, 2016, the Mayor and City Council awarded the Camera
Expansion Project $225,000 in CDBG funds to purchase the enhancements to the existing
Public Safety Camera System; and $113,257.96 of these funds will be used to purchase the
supplemental expansion herein; and
WHEREAS, the Police Department will also use $64,385.96 in Police Department
General Fund and $1,694.47 from a Justice Assistance Grant (JAG) to purchase the
supplemental expansion herein; and
WHEREAS, in situations where local, state and federal regulations conflict, the most
stringent regulations will apply; and
WHEREAS, the Public Safety Camera Project is subject to the provisions of the
National Environmental Protection Act (NEPA) and shall comply.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. After a review of official responses to City public bid F-17-09, CelPlan
Technologies Incorporated, of Reston, Virginia was found to be the lowest responsive bidder
for the Safety Camera Expansion Project as described in City public bid F-17-09.
Considering this, pursuant to San Bernardino Municipal Code 3.04.010(b)(2), the Mayor and
City Council approve an award for the purchase of this supplemental expansion project to the
Downtown Camera Protection Zone project to CelPlan Technologies, of Reston, Virginia.
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19.
20
21
22
23
24
25
26
27
28
SECTION 2. The Mayor and City Council authorize the City Manager, or his
designee, to sign the Vendor Service Agreement, attached hereto as Exhibit "A" and
incorporated herein, between Ce1Plan Technologies Incorporated and the City of San
Bernardino.
SECTION 3. The authorization to sign the Vendor Service Agreement referenced in
Section 2 of this Resolution is rescinded if the Vendor Service Agreement is not signed by
both parties within forty-five (45) days of the passage of this Resolution.
SECTION 4. The Mayor and City Council authorize the Finance Director, or his
designee, to issue purchase orders as needed to CelPlan Technologies Incorporated not to
exceed at total of $177,643.92 for services outlined in public bid F-17-09.
SECTION 5. The Mayor and City Council authorize the Finance Director, or his
designee, to issue purchase orders as needed not to exceed at total of $1,694.47 for services
and equipment needed to add a Public Safety Camera System monitor to the Police
Departmeni's Administrative Conference Room.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE PURCHASE OF
SUPPLEMENTAL ENHANCEMENTS TO THE EXISTING 2017 PUBLIC SAFETY
CAMERA SYSTEM EXPANSION PROJECT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
21St day of June 2017, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS X
VALDIVIA X
SHORETT X(S)
NICKEL X
RICHARD X
MULVIHILL X(M)
ABSTAIN ABSENT
Georgeai Hanna, Cs C, City Clerk
The foregoing Resolution is hereby approved this 21St day of June 2017.
R. Carey Da s, Mayor
City of San "Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: a CA,,,
3
Exhibit A
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND CELPLAN TECHNOLOGIES, INC.
This Vendor Services Agreement is entered into this 21" day of June 2017 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 new expansion cameras for the CITY'S existing Public Safety Camera System operated by
the San Bernardino Police Department; and
WHEREAS, this project is funded, in whole or in part, with Community Development
Block Grant funds received by the United States Department of Housing and Urban
Development (HUD), and therefore must follow the requirements under Title I of the Housing
and Community Development Act of 1974 (42 U.S.C.§53011 et. seq.) as amended from time to
time, and the regulations promulgated thereunder (24 C.F.R. §570 et seq.).
WHEREAS, a summary of the federal requirements is attached hereto as Exhibit "A".
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' proposals to be
provided to City using public bid F-17-09 (dated April 18, 2017 Reference Number:
SAN 170418) and the authorized Addendum #2 (dated May 4, 2017), which is attached hereto as
Exhibit `B. There shall be one proposed Statement of Work for each camera location.
Acceptance of the individual Statements of Work shall be contingency on HUD Environmental
Report approvals when needed. Once approved for environmental concerns, each Statement of
Work may be accepted as part of the VSA.
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 approved
Statements of Work using their authorized responses to City public bid F-17-09
Addendum #2 (dated May 4, 2017), which is attached hereto as Exhibit `B".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The VENDOR must complete all work with 120 days of receipt of a City Purchase Order.
This Agreement shall become effective once signed by both parties, and will continue in effect
until June 30, 2018, with the option to consider a six (6) month or one (1) year extension, subject
to termination.
1
Exhibit A
4. TERMINATION.
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.
4a. 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.
5. 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.
6. 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.
7. 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.
PA
Exhibit A
8. 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
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.
9. 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.
10. 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:
Daniel Gomez, Police Lieutenant
San Bernardino Police Department
710 North "D" Street
San Bernardino, CA 92401
Telephone: (909) 384-5742
TO THE VENDOR:
Mr. Jasper Bruinzeel
Ce1Plan Technologies Inc.
1920 Association Dr., 4t` Floor
Reston, VA 20191
Telephone: (760) 274-4214
11. 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.
12. 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.
7
Exhibit A
13. 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
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.
14. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
0
Exhibit A
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND CELPLAN TECHNOLOGIES, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement for the 2017
Public Safety Camera System — Supplemental Expansion Project on the day and date set forth
below.
I
Dated: 411 Llr., 2017
Dated: T, Z� , 2017
Approved as to Form:
Gary D. Saenz, City Attorney
5
CelPlan Technologies Inc.
By: /0
nt
CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager