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HomeMy WebLinkAbout15-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIQPR k' N A L From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San Bernardino authorizing the execution of a Dept: Police Department Services Agreement and issuance of a Purchase Order to implement Phase I of a Date: April 28, 2008 replacement network video recording system from HC,Inc., of Norco, California. M/CC DATE: May 5, 2008 Synopsis of Previous Council Action 9-17-2007 Resolution#2007-391, ratifying the submission of the FY 2007 Law Enforcement Terrorism Prevention Program Grant (LETPP). 8-6-2007 Motion authorizing the Director of Finance to amend the FY 2007/08 budget to add both revenue and expenditures budgets for the nine (9) Development Impact Fee Funds (DIFF). Recommended Motion: 1. Adopt Resolution. 2. Authorize the Director of Finance to amend both the FY 2007/08 Law Enforcement Development Impact Fees and FY 2007 LETPP grant budgets to reflect the following transfers: • $46,421.00 from Account 261-481-5502 to 261-481-5704 • $106,078.00 from Account 123-772-5502 to 123-77 -5704 MICHAEL A. BILLDT, CHEF OF POLICE Contact person: Captain Theodis Henson Phone: 384-5609 Supporting data attached: Yes Staff Report/Resolution Ward: All FUNDING REQUIREMENTS: Amount: $ 152,499.00 Source: $ 106,078.00 - Other Equipment,Acct. 123- 772-5704 (2007 LETPP grant) $46,421.00-Other Equipment,Acct. 261-481- 5704 (FY 07/08 Law Enforcement Development Impact Fees) Finance Council Notes: Agenda Item No. CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subiect Resolution of the City of San Bernardino authorizing the execution of a Services Agreement and issuance of a Purchase Order to implement Phase I of a replacement network video recording system from HCI, Inc., of Norco, California. Background In 1995, the San Bernardino Police Department moved into the central police facility at 710 N. "D" Street. A small closed-circuit TV security camera system was installed to monitor portions of the City Jail, the four corners of the building, and the two automobile entry gates. The system uses black-and-white TV monitors and does not provide recording or audio features. The controller cards and monitor control stations (located in Dispatch and the Watch Commander's Office) are no longer in production and replacement parts can not be ordered. All of the closed circuit cable connections return to the computer/radio room in the dispatch center on the second floor. All repairs require technicians to pull coaxial cables from the broken camera locations to the dispatch center which is a time consuming and expensive task. On August 6, 2007, the Mayor and Common Council authorized the Director of Finance to amend the FY 2007/08 budget to add both revenue and expenditures budgets for the nine (9) Development Impact Fee Funds (DIFF). The Law Enforcement DIFF budget includes $97,000 for tenant improvements for the central police facility, including funding to expand the camera surveillance system into a new parking lot annex adjacent to the central police facility. The World Trade Center bombing and other terrorist events around the globe have placed renewed emphasis on security at essential government facilities. With these concerns in mind, the Police Department applied for the FY 2007 Law Enforcement Terrorism Prevention Program (LETPP) grant from the Office of Homeland Security to replace, upgrade and expand the security camera system at the central police facility. On September 17, 2007, the Mayor and Common Council approved Resolution #2007-391 ratifying the submittal of the LETPP grant and approving the expenditure of awarded grant funds towards this project. HCI, Inc. of Norco, California has a proven track record of installing, maintaining, servicing and repairing commercial, integrated security systems in the government sector. They have provided network video recording and related security systems to the Chino Police Department, Ontario Police Department, Orange County Sheriff's Department, and the Los Angeles County Sheriff's Department's "Southern California Regional Multi-Agency Task Force" over the past three years. At the Police Department's request, HCI, Inc. provided a written proposal for the installation of a new network video recording system at the central police facility, (Attachment "A"). This proposal is broken down into three phases, replaces and expands the coverage of the current security system, provides recording and retrieval capabilities, and is expandable to meet future needs. HCI, Inc. has agreed to provide the essential network video recording system components, cameras, and installation services needed under the terms of the City of Ontario Police Department competitive bid award. Therefore, it is recommended that the City Council approve a sole source purchase for this project pursuant to San Bernardino Municipal Code Section 3.04.010.B.3 (Purchases approved by the Mayor and Common Council). In Phase I, the Police Department will focus on the City Jail, the four corners of the building, the two automobile entry gates and the parking lot expansion as well as the specialized hardware necessary to record and retrieve security camera video images. In Phase I, HCI, Inc. will install 62 network based cameras and provide the necessary system hardware (moving the system from a CCTV cable based camera system to a network based Internet Protocol (IP) camera system with recording a multi-station viewing capabilities) needed to support the items being purchased and the cameras that will be included in the future phases of the project. Phases II and III will be completed when funding is identified and include additional cameras for interior public areas and the interview rooms in the Detective Bureau. Staff from Information Technology and the Police Department have conducted research on surveillance camera systems, completed a cost/benefit analysis and concluded the HCI, Inc. provides the best pricing, expertise and service in a public safety environment. Financial Impact The cost of Phase I of the replacement network video recording system is $152,499.00. A total of$106,078 from the 2007 LETPP grant (Account 123-772-5704) and $46,421.00 from the FY 2007/08 Law Enforcement Development Impact Fees budget (Account 261-481-5704) will be utilized for this purchase. Although $40,000 was budgeted in the FY 2007/08 DIFF budget, the additional funding is available due to savings in this line item from other projects. There will be no impact to the City's General Fund. Recommendation 1. Adopt Resolution. 2. Authorize the Director of Finance to amend both the FY 2007/08 Law Enforcement Development Impact Fees and FY 2007 LETPP grant budgets to reflect the following transfers: • $46,421.00 from Account#261-481-5502 to#261-481-5704 • $106,078.00 from Account#123-772-5502 to #123-772-5704 03/27/2008 11:48 9515204303 555 PAGE 01/28 ATTACHMENT A. The Contract duration shall commence on the date stated in the City's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the City's Notice to Proceed. Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,License No. 378587 ,Expiration Date 7/31/07 ,class of license C10 . If the bidder is a joint venture,each member of the joint venture must include the above information. The undersigned acknowledges receipt,understanding and full consideration of the following addenda to the Contract Documents. Addenda No. 1 dated 3/20/2007 Addenda No. 2 dated 3/22/2007 Addenda No. 1. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price. 2. Attached is the fully executed Non-Collusion Affidavit form. 3. Attached is the completed Designation of Subcontractors form. 4. Attached is the completed Bidder Information Form. 5. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form. I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the.representations made herein are true and correct. Name of Bidder HCI, Inc. Signature iiuc, Name and Title Steve Silagi, Vice President Dated BID SCHEDULE RWIMSAKINSWO7812.1 03/27/2008 11:48 9515204303 555 PAGE 82/28 CONTRACTOR'S CERTIFICATE REGARDING WORKERS'COMPENSATION I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Name of Bidder I, I Signature Name Gary Chavarria Title General Manager Dated A?Q—k L 2 00 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION - 12- R V PUB\.SA KINSk7078I 2.1 03/27/2008 11:48 9515204303 555 PAGE 03/28 13iD BOND The makers of this bond are, HC I, INC. as Principal, and F I DEL 1 TY AND DEPOSIT COMPANY OF MARYLPND , as Surety and are held and firmly bound unto the City of Ontario, hereinafter called the City, in the penal sutra of TEN PERCENT(10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, exeeutoi-5, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated April 4 12007 , for CCTV Security System Enhancement for the Ontario Police Department. If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect_ Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond,and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit,including reasonable attorneys' fees,court costs,expert witness fees and expenses. IN WITNESS WHEREOF,the above-bound parties have executed this instrument under their several seals this 27th day of March , 20 07 the namo and corporate seal of each corporation. (Corporate Seal) HC I, INC. Principal By - Title Steve Sila Vice President FIDELITY AND DEP Skq COMPANY OF MARYLAND (Corporate Seal) Surety 13v Wttorney-in act J.W. Johnson (Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact 131D BOND - 13 - RV KJFASAK INS\707A 12.1 03/27/2008 11:48 9515204303 555 PAGE 04/28 ACKNOWLEDGMENT State of California County of Riverside On April 3rd, 2007 before me, Matthew J. Bivens, Notary Public (here insert name and title of the officer) personally appeared Steve Silagi personally known to me } to be the person(g) whose name{) is/are subscribed to the within instrument and acknowledged to me that he/sla� executed the same in hisAiefAheir authorized capacity,"), and that by his/#eft%heir signatureW on the instrument the personK, or the entity upon behalf of which the personA acted, executed the instrument. ..- -- WITNESS my hand and official seal. N ♦� OFrhE+� MATTHEWJ,i81VENS COMM4 1629223 X NOVWPUSUC-CAUFORNN N ORANGE COUNTY Signature °4 My Comm.E*rw DEC.21,2008 (Seal) 03/27/2008 11:48 9515204303 555 PAGE 05/28 ii STATE OF CALIFORNIA ) )SS. CITY OF FULLERTON ) On this 27th day of March , in the year 2027,before me, LOURDES LANDA , a Notary Public in and for said state,personally appeared J.W. JOHNSON , known to me to be 010 person whose name is subscribed to the within instrument as the Attorney-In-Fact of the(Surety)acknowledged to me that he subscribed the name of the F I DEL I TY AND DEhOS 1 T COMPAN (Svxcty)thereto and his . n ne s t ;Jn LOURDESLANDA ij o COMM.#1458295 ::E NOTARY PUBUC CALIFORNIA ORANGE COUNTY Notary Public/n and fo4saidState My comm.expires Dec.23,2007 It Lourdes Lando A Commission expires: December 23, 2007 NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. BCD IJOND - 14- RVPU MSA,KJNS1707812.1 03/27/2008 11:48 9515204303 555 PAGE 06/28 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 1Q 'hate,constitute and appoint J.W.JOHNSON,of Fullerton,California, its true and lawfu -i- o make,execute,seal and deliver,for,and on its behalf as surety,and as its act and ngs,and the execution of such bonds or undertakings in pursuan n.,s on said Company,as fully and amply,to all intents and purposes,as if xe $'rt1Q 0 ged by the regularly elected officers of the Company at its office in Ba ' "6 rr �r This power of attorney revokes that issued on behalf of J.W.Jo , er The said Assistant c at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND C C* 01Ppf�5 t /C . By: T K Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland i ss: City of Baltimore f On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Conirrtission Expires: January 1,2004 POA-F 012-4152 03/27/2008 11:48 9515204303 555 PAGE 07/28 DESIGNATION OF SUBCONTRACTORS No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. Additional information may be requested following bid submission. In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price. Notwithstanding the foregoing,if the work involves streets and highways, then the Contractor shall list each subcontractor who will perfonn work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price or $1.0,000, whichever is greater. No additional time shall be granted to provide the below requested information. If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price or $10,000, whichever is greater if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself. Portion of Work Subcontractor Location of Business None/Not Applicable DESIGNATION OF SUBCONTRACTORS - 15 - R V PU B\SAK NS\707812.1 03/27/2008 11:48 9515204303 555 PAGE 08/28 Portion of Work Subcontractor Location of Business DESIGNATION OF SUBCONTRACTORS - t6 - RVPUB\SAKINS\707812.1 03/27/2008 11:48 9515204303 555 PAGE 09/28 Portion of Work Subcontractor Location of Business Name of Bidder 11 HCI c. Signature V7/7�-,t4 Name and Title Gard havarria, General Manager Dated APir-1 t '�, 200 DESIGNATION OF SUBCONTRACTORS - 17- WP LI MS A K IN S\707812.1 03127/2008 11:48 9515204303 555 PAGE 10128 INFORMATION REQUIRED OF BIDDERS A. INFORMATION ABOUT BIDDER [**Indicate not applicable("N/A")where appropriate.**j NOTE:Where Bidder is a joint venture,pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: HCI, Inc. 2.0 Type,if Entity: Corporation 3.0 Bidder Address: 3166 Horseless Carriage Drive P.O. Box 638 Norco, CA 92860 (951) 520-4303 (951) 520-4200 Facsimile Number Telephone Number 4.0 How many years has Bidder's organization been in business as a Contractor? 25 years 5.0 How many years has Bidder's organizations been in business under its present name? 25 years 5.1 Under what other or former names has Bidder's organization operated?: None. 6.0 If Bidder's organization is a corporation,answer the following: 6.1 Date of Incorporation: February 27, 1981 6.2 State of Incorporation: California 6.3 President's Name: Marc Laulhere 6.4 Vice-President's Name(s): Steve Silagi N/A 6.5 Secretary's Name: Pamela J. Laulhere 6.6 Treasurer's Name: Pamela J. Laulhere INFORMATION REQUIRED OF BIDDERS - 18 - R V PUBISAK WS\707812.1 03/27/2008 11:48 9515204303 555 PAGE 11/28 7.0 If an individual or a partnership,answer the following: 7.1 Date of Organization: NIA 7.2 Name and address of all partners(state whether general or limited partnership): N/A 8.0 If other than a corporation or partnership, describe organization and name principals: NIA 9.0 List other states in which Bidder's organization is legally qualified to do business. California only. N/A 10.0 What type of work does the Bidder normally perform with its own forces? Installation, maintenance, service and repair of commercial integrated security systems including electrical and trenching. 11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where,and why: No. 12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so,attach a separate sheet of explanation: No. INFORMATION RE,QUIRED OF BIDDERS - 19 - RV P1I&SAKINS\707812.1 03/27/2008 11:48 9515204303 555 PACE 12/28 14.0 List Trade References: Anixter, P.O. Box 847428 Dallas, TX 75284-7428 , (714) 779-050 Graybar, P.O. Sox 27010 Phoenix, AZ 85061, (909) 451-4300 Vulcan, P.O. Box 2950 Los Angeles, CA 90051, (323) 258-2777 Utility Vault, P.O. Box 1390 Fontana, CA 92335, (909)428-3700 15.0 List Bank References(Bank and Branch Address): U.S. Bank, Contact: Paulette Silva 4100 Newport Place, Suite 130 Newport, CA 92660 Phone: (949) 863-2488 Fax: (949) 863-2336 16.0 Name of Bonding Company and Name and Address of Agent: Armstrong/Robitailie, Contact: Brad Settgast 680 Langsdorf Drive, Suite 100, Fullerton, CA 92831 Phone: (714) 578-7000 Fax: (714) 578-7001 INFORMATION REQUIRED OF BIDDERS - 20- RV PUB\SAK 1NS\707812.1 03/27/2008 11:48 9515204303 555 PAGE 13/28 B. LIST OF CURRENT PROJECTS(Backlog) [**Duplicate Page if needed for listing additional current projects.**] Client/Telephone Description of Completion Date Cost of Bidder's Bidder's Work Work Chino Police Dept. CCTV System Upgrade Approx. 512007 $46,786.00 INFORMATION REQUIRED OF BIDDERS -21 - RVPUMSAKINSV07812.1 03/27/2008 11:48 9515204303 555 PAGE 14/28 C. LIST OF COMPLETED PROJECTS-LAST THREE YEARS ["Duplicate Page if needed for listing additional completed projects."] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work. Client/Telephone Description of Period of Performance Cost of Bidder's Bidder's Work Work Orange County Sheriff Laser Village CCTV 8/2005 to 12/2005 $95,000.00 Sheriff So. Cal Task Force CCTV Installation 5/2005 to 6/2005 $19,000.00 Ontario Police Dept. Rewire watch 10/2004 to 2/2005 $10,900.00 P Commanders Office INFORMATION REQUIRED OF BIDDERS - 22 - RV PUB\SAKINS\707812.1 03/27/2008 11:48 9515204303 555 PAGE 15/28 D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person's job title, name and percent of time to be allocated to this project: Steve Brown, Project Supervisor- 100% Denis Brown, Operations Manager- 10% 2. Summarize each person's specialized education: Lenel, Bosch, Nicet, Pelco, Kalatel, and Lenel, Integral Tech, American Magnetics, Bosch, Pelco, Kalatel, et al respectively. 3. List each person's years of construction experience relevant to the project: Fifteen years Access Control and CCTV, and Twenty-three years Access Control and CCTV respectively. 4. Summarize such experience: Access Control, CCTV installation, service, and maintenance. Operations/Service Management, Estimating, Design/Install mgmt. Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. INFORMATION REQUIRED OF BIDDERS -23 - RV PUA\.SAKINS\707812.1 03/27/2008 11:48 9515204303 555 PAGE 16/28 Additional Bidder's Statements. If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet,appropriately marked: E. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder HCI, I Signature dt(11� Name Gary Chavarria Title General Manager Dated A Q I?--i L 'J, 2(30--7 INFORMATION REQUIRED OF BIDDERS -24- R V PURISAKINSWO7812.l 03/27/2008 11:48 9515204303 555 PAGE 17/28 NON-COLLUSION AFFIDAVIT I Gary Chavarria , being first duly sworn, deposes and says that he is General Manager _of HCI, Inc. the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or share bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Bidder HCI, I . Signature Name Gary Chavarria Title General Manager Dated P�P� 1 t 3. `Ladd NON-COLLUSION AFFIDAVIT -25- RVPUMSAKINSWOU12.1 03/27/2008 11:48 9515204303 555 PAGE 18/28 t 9� '~�pRpORAtf.1D City of Ontario ADDENDUM NO. 9 Formal Bid No. PK 0607-38 CCTV SECURITY SYSTEM ENHANCEMENT FOR THE ONTARIO POLICE DEPARTMENT The date today is: Tuesday, March 20, 2007 BID SUBMISSION DATE HAS BEEN EXTENDED TO APRIL 4, 2007 AT 11:00 a.m. The following changes, omissions, and/or additions to the specifications and/or drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and all other conditions shall remain the same. Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades affected shall be fully advised in the performance of the work which will be required of them. In case of conflict between drawings, specifications, and this addendum, this Addendum shall govern. This Addendum shall be incorporated into the final Contract. CHANGE: INSTRUCTIONS TO BIDDERS, Page 3, Article 3, Interpretation of Contract Documents: ♦ Submission date for written questions has been extended to Thursday, March 22, 2007 at 11:00 a.m. Bid No.PK 0607-38 Page 1 of 4 03/27/2008 11:48 9515204303 555 PAGE 19/28 REPLACE: BID SCHEDULE, Page 10, Bid Form: ♦ Replace Bid Form with Attachment A to Addendum No. 1. ADD: TECHNICAL SPECIFICATIONS, Page 72, Task Requirements ♦ Provide alternate bid for six(6)23" Sony LCD flat screen monitors, Model # KDL23S2010, or equivalent. ♦ Provide and install six (6) Peerless wall mount brackets for flat screen monitors, Model #ST630P, or equivalent. ♦ Provide and install Two (2) Chatsworth Products Equipment Racks in Watch Commander's Office. Rack shall be black in color and shall have six (6) shelves to house CCTV equipment. Rack may need to be cut down to size by contractor according to manufacturer's specifications. o 2 Each, Rack Model#1196-0-7-18, or equivalent o 6 Each, Shelf Model #40074-700, or equivalent ♦ Cameras shall be installed approximately 12' from ground. ♦ Plenum Cable as required. Questions & Responses: Q1. On Page 1 of the Notice of Inviting Bids, Paragraph 6, is reference to a Performance and Payment Bond: Since the budgeted amount for this installation is set at no more that$16,000.00, will the Performance and Payment Bonds be required? R1. As stated in the Notice Inviting Bid a Performance Bond will be required from successful bidder. Payment Bond will be required from successful bidder if total bid amount exceeds $25,000.00. Q2. Can a bid be submitted with a California Contractor's License C-7, Low Voltage Classification? R2. Yes, a C-7 license will be allowed for this project. This addendum must be acknowledged and included in each proposal package, for Bid No. PK 0607-38 to be submitted on or before 11:00 a.m., Wednesday, April 4 2007. Bid No.PK 0607-38 Page 2 of 4 03/27/2008 11:48 9515204303 555 PAGE 20/28 Thank You, Ilona M. De Rosa, C.P.M. Purchasing Supervisor Bidder's Acknowledgement:I/We the undersigned bidder hereby owledge this A d o. 1 to Bid Number PK 0607-38. / (Please type or Nnt HCI, Inc. COMPANY NAME /St6NAT U OF A THORIZED REP. 3166 Horseless Carriage Drive Gary Chavarria ADDRESS AUTHORIZED REP. (PLEASE PRINT) Norco, CA 92860 General Manager CITY, STATE AND ZIP TITLE (951) 520-4200 rroseberry@hci-inc.com PHONE NUMBER E-MAIL ADDRESS (951) 520-4303 Acv', - FAX NUMBER DATE Bid No. PK 0607-38 Page 3 of 4 03/27/2008 11:48 9515204303 555 PAGE 21/28 Attachment"A" Addendum No. 1 BID FORM NAME OF BIDDER: HCl. Inc. The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda,if any, for the following Project: CCTV Security System Enhancement for the Ontario Police Department Bid No. PK 0607-38 We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE: BASE BID PRICE BID PRICE BID (IN WRITTEN FORM) (IN NUMBERS) TOTAL Thirteen thousand six hundred $13,600.00 BID PRICE (with Six Flat Screen Monitors) TOTAL BID Eleven thousand three hundred $11,300.00 PRICE (with Two 21" Monitors) In case of discrepancy between the written price and the numerical price,the written price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening,or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier. Bid No.PK 0607-38 Page 4 of 4 1 RESOLUTION-NO: C (OPY � 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE 4 ORDER TO IMPLEMENT PHASE I OF A REPLACEMENT NETWORK VIDEO RECORDING SYSTEM FROM HCI, INC., OF NORCO, CALIFORNIA. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the Mayor and Common Council approve an exemption to the 9 competitive bid process, pursuant to San Bernardino Municipal Code Section 3.04.010.13.3 10 11 (purchases approved by the Mayor and Common Council), for the vendor HCI, Inc., of Norco, 12 California, to implement Phase I of a replacement network video recording system at the 13 central police facility, 710 N. "D" Street. 14 SECTION 2. That the Mayor and Common Council authorize the Purchasing 15 Manager to issue a Purchase Order to HCI, Inc., not to exceed $152,499.00 to implement Phase 16 I of a replacement network video recording system at the central police facility as outlined in 17 18 HCI, Inc.'s quote dated April 11, 2008. The Purchase Order shall read, "Phase I — 19 Replacement Network Video Recording System. Not to exceed $152,499.00". 20 SECTION 3. The City Manager is hereby authorized to execute on behalf of the City 21 the Services Agreement between the City of San Bernardino and HCI, Inc., a copy of which is 22 attached hereto, marked as Exhibit A, and incorporated herein by this reference. 23 24 25 26 27 28 s - �o � I RESOLUTION OF THE CITY OF SAN-BERNARDINO AUTHORIZING THE 2 EXECUTION OF A SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO IMPLEMENT PHASE I OF A REPLACEMENT NETWORK VIDEO 3 RECORDING SYSTEM FROM HCI, INC., OF NORCO, CALIFORNIA. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2008, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 52008. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to 24 Form: 25 L' -�' 26 J mes F. Penman, 27 ity Attorney 28 EXHIBIT A VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 19`h day of May 2008, by and between HCI, Inc. — Security Integration Division ("VENDOR") and the City of San Bernardino ("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 hire VENDOR to install a Network Video Recording System for the Police Department; and WHEREAS, the Project is exempt from the purchasing requirements of Chapter 3.04 of the San Bernardino Municipal Code pursuant to Section 3.04.010 13.3 of said Code which authorizes the CITY to acquire the services of VENDOR without complying with the bidding and other acquisition requirements of Chapter 3.04. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino herby engages the services of VENDOR to provide those services as set forth in Exhibit "A", attached hereto, and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. Over the term of this Agreement, VENDOR shall be paid for such services an amount in accordance with Proposal dated February 21, 2008 and Offeror's Proposal and Statement. 1 b. VENDOR shall provide monthly progress billing with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 3. TERM. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two (2) one-year extensions. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents, employees and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, employees and volunteers from any and all claim, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of its 2 comparative fault. 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 of any change or termination in 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, except as permitted pursuant to Section 12940 of the California Government Code. 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 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 Title 5, Chapter 5.04 of the San Bernardino Municipal Code, and any other license, 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: City Manager 300 North"D" Street City of San Bernardino, CA 92418 Telephone: (909) 384-5242 TO THE VENDOR: HCI Inc. 3166 Horseless Carriage Drive P.O. Box 638 Norco, CA 92860 Telephone: (951) 520-4200 Fax: (951) 520-4303 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 4 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 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 the 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. 5 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. 6 17. 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 manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2008 HCI Inc. By: Its: Dated 2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney 7 EXHIBIT "A" CONTRACTOR'S LICENSE: 378587 W Div SECURITY INTEGRATION DIVISION April 11, 2008 Michael Eckley San Bernardino Police Department 300 North "D" Street, 4`" Floor San Bernardino, CA 92418-0001 Re: Network Video Recording System Proposal #0221SBPD01 Michael: Below is HCI, Inc. — Security Integration Division's proposal for the installation of the new network video recording system at your location in San Bernardino, California. HCI will provide all equipment listed on the following page. A formal presentation portfolio can be provided upon request. If I can answer any questions or provide additional information, please call me at (951) 520-4219 or by cell at (909) 997-3605. Sincerely, Rusty Roseberry Senior Account Executive 3166 Horseless Carriage Drive•P.O. Box 638• Norco, California 92860• (951) 520-4200• Fax (951) 520-4303 4/16/2008 San Bernardino Police Department Proposal#022IS BPDO 1 Ili C P Page 2 of 5 Phase I—Jail System ➢ Fumish/Install(1)Genetec OmniCast Pro 4.1 Enterprise Network Video Recording Software on customer provided server/storage solution. ➢ Furnish/Install(4)Genetec OmniCast Pro Client Software on customer provided workstation. ➢ Furnish/Install(2)Axis Video Server Rack with(17)Axis 241 Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. Furnish/Install(65)Bosch FlexiDome-XF 540 TVL Color Camera with 3-9.5mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Jail Entry—2 Cameras • POD Hallway—3 Cameras • Visiting Room A—2 Cameras • Visiting Room B—2 Cameras • Lunch Room • POD—4 Cameras • Juvenile Hallway—2 Cameras • Jail Cells—6 Cameras • Female Hallway—2 Cameras • Detox Cells—4 Cameras • Intake Hallway—2 Cameras • Booking Counter with Audio • Male Hallway—2 Cameras • Inmate Worker Hallway—4 Cameras • Laundry—2 Cameras • Release Sallyport—2 Cameras • Release Sallyport Exterior 2—Cameras • Inmate Dayroom—3 Cameras • Davroom Cells—4 Cameras • Sallyport Hallway—2 Cameras with Audio • Pre-booking Room—2 Cameras • B.A. Room—2 Cameras • B.A. Restroom • Sallyport—8 Cameras ➢ Furnish/Install(6)Altronix 16 Camera Power Supply for new camera locations. ➢ Furmsh/Install(1) Bosch 300 Series 26x Day/Night PTZ on Parking Lot Light Poles with Trango Falcon Plus Video/Data Wireless Transmitter Package and Genetec OmniCast Camera licenses. 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 4/16/2008 San Bernardino Police Department .. �. Proposal#0221 SBPDOI W'.-it Page 3 of 5 ➢ Fumish/Install (4) Bosch Unity Package Day/Night 540 TVL Cameras with 7.5-50mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Gate Entry—2 Cameras • Front Exterior Entrance—2 Cameras ➢ Fumish/Install (1)Bosch 300 Series 26x Day/Night PTZ with Genetec OmniCast Camera licenses on Rooftop Corner. Existing video cabling to be re-used. Installation Cost: S 152,499.00 sales tax included Phase II ➢ Fumish/Install(1)Axis Video Server Rack with(10)Axis 241Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. ➢ Fumish/Install(32)Bosch FlexiDome-XF 540 TVL Color Camera with 3-9.5mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Staff Entry • Elevator/Electrical Room Coverage • Staff Hallway—2 Cameras • Evidence Storage—3 Cameras • Public Property Entrance • Public Safety Property Release—2 Cameras • Staff Jail Entrance • Lobby—8 Cameras • Traffic Counter —2 Cameras • Records Counter—2 Cameras • Stairwell—2 Cameras • Upstairs Lobby—4 Cameras • Detective Lobby—2 Cameras • Communications Entry ➢ Fumish/Install(3)Bosch 300 Series 26x Day/Night PTZ with Genetec OmniCast Camera licenses on Rooftop Corner. Existing video cabling to be re-used. ➢ Fumish/Install(2)Altronix 16 Camera Power Supply for new camera locations. Installation Cost: $90,12500 sales tax included 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 4/16/2008 San Bernardino Police Department •� v Proposal#0221 SBPD01 Page 4 of 5 Phase II— Optional Wireless PTZ Furnish/Install(1)Axis 241Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. ➢ Furnish/Install (4) Bosch 300 Series 26x Day/Night PTZ on Parking Lot Light Poles with Trango Falcon Plus Video/Data Wireless Transmitter Package and Genetec OmniCast Camera licenses. Installation Cost: $46,299.00 sales tax included Phase III ➢ Furnish/Install(1)Axis Video Server Rack with(2)Axis 241Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. ➢ Furnish/Install (5)Bosch F1exiDome-XF 540 TVL Color Camera with 3-9.5mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Interview Hallway–3 Cameras • Detective Bureau Hallway–2 Cameras ➢ Fumish/Install(6)GE 480 TVL Covert Smoke Detector Camera with 3.6 mm pinhole and(6)Louroe Verifact D Covert Microphones at following locations. WE"— _ • Detective Interview Rooms–5 total • Internal Affairs Interview Room ➢ Furnish/Install (1)Altronix 16 Camera Power Supply for new camera locations. ➢ Installation labor,system set-up,programming and training included. Installation Cost: $27,975.00 sales tax included Proposal Clarifications: ➢ Customer to provide all network equipment,servers and workstations that meet or exceed Genetec specifications. ➢ HCI to provide monthly progress billing to customer for work performed. Payment shall be processed within 30 days of invoice date. ➢ All 110volt power provided by others. ➢ Paint and Patch is excluded. ➢ Only equipment listed above shall be installed and warranty by HCI, Inc. ➢ Proposal includes equipment as listed based on design information available at time of proposal. Additional equipment and design changes will be quoted and billed as change orders. 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 1 4/16/2008 San Bernardino Police Department •■ s• v Proposal#0221 SBPDO 1 Page 5of5 r Normal equipment lead-time is three weeks. ➢ All work listed below shall be performed by HCI employees. Customer Signature Date P.O. Number 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 1 VENDOR SERVICE-AGREEMENT 2 3 This Vendor Service Agreement is entered into this 19`'' day of May 2008, 4 by and between HCI, Inc. — Security Integration Division ("VENDOR") and the City of San 5 Bernardino ("CITY" or"San Bernardino"). 6 WITNESSETH: 7 WHEREAS, THE Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to hire VENDOR to install a Network Video Recording 9 10 System for the Police Department; and 11 WHEREAS, the Project is exempt from the purchasing requirements of Chapter 3.04 of 12 the San Bernardino Municipal Code pursuant to Section 3.04.010 B.3 of said Code which 13 authorizes the CITY to acquire the services of VENDOR without complying with the bidding 14 and other acquisition requirements of Chapter 3.04. 15 NOW, THEREFORE, the parties hereto agree as follows: 16 1. SCOPE OF SERVICES. 17 18 For the remuneration stipulated, San Bernardino herby engages the services of 19 VENDOR to provide those services as set forth in Exhibit "A", attached hereto, and 20 incorporated herein by this reference. 21 2. COMPENSATION AND EXPENSES. 22 a. Over the term of this Agreement, VENDOR shall be paid for such services an 23 amount in accordance with Proposal dated February 21, 2008 and Offeror's 24 25 Proposal and Statement. 26 27 28 1 1 2 b. VENDOR shall provide monthly progress billing with a monthly invoice in arrears 3 and shall be provided payment within thirty (30) days therefrom. CITY retains the 4 right to challenge all or any part of an invoice. 5 3. TERM. 6 The initial term of this Agreement shall be one (1) year from the date first shown above 7 and is subject to termination by either party upon thirty (30) days written notice to the other. 8 There may be two (2) one-year extensions. - 9 10 4. INDEMNITY. 11 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents, employees 12 and volunteers from any and all claims, actions, losses, damages and/or liability resulting from 13 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 14 under the Agreement. 15 16 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, 17 employees and volunteers from any and all claim, actions, losses, damages and/or liability 18 resulting from CITY's negligent acts or omissions arising from the CITY's performance of its 19 obligations under the Agreement. 20 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 21 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 22 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 23 24 obligations under the Agreement. 25 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 26 claim, action, loss, or damage which results from their respective obligations under the 27 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of its 28 2 1 2 comparative fault. 3 5. INSURANCE. 4 While not restricting or limiting the foregoing, during the term of this Agreement, 5 VENDOR shall maintain in effect policies of comprehensive public, general, and automobile 6 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 7 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 8 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 9 10 additional named insured in each policy of insurance provided hereunder. The Certificate of 11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 12 termination in the policy. 13 6. NON-DISCRIMINATION. 14 In the performance of this Agreement and in the hiring and recruitment of employees, 15 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 16 17 discrimination in employment of persons because of their race, religion, color, national origin, 18 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 19 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 20 12940 of the California Government Code. 21 7. INDEPENDENT CONTRACTOR. 22 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 23 24 purposes VENDOR shall be an independent contractor and not an agent or employee of the 25 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 26 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 27 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 28 3 1 2 - 3 - - employees, and all business license, if any are required, in connection with the services to be 4 performed hereunder. 5 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 6 VENDOR warrants that it possesses, or shall obtain and maintain, a business registration certificate pursuant to Title 5, Chapter 5.04 of the San Bernardino Municipal Code, 8 and any other license, permits, qualifications, insurance and approval of whatever nature that 9 10 are legally required of VENDOR to practice its business or profession. 11 9. NOTICES. 12 Any notices to be given pursuant to this Agreement shall be deposited with the United 13 States Postal Service, postage prepaid and addressed as follows: 14 TO THE CITY: City Manager 15 300 North "D" Street City of San Bernardino, CA 92418 16 Telephone: (909) 384-5242 17 TO THE VENDOR: HCI Inc. 18 3166 Horseless Carriage Drive 19 P.O. Box 638 Norco, CA 92860 20 Telephone: (951) 520-4200 21 Fax: (951) 520-4303 22 10. ATTORNEYS' FEES. 23 In the event that litigation is brought by any party in connection with this Agreement, 24 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 25 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 26 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 27 28 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 4 1 2 - - - 3 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 4 fees" for the purposes of this paragraph. 5 11. ASSIGNMENT. 6 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 7 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 8 9 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 10 and shall constitute a breach of this Agreement and cause for the termination of this 11 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 12 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 13 hereunder for the term of this Agreement. 14 12. VENUE. 15 The parties hereto agree that all actions or proceedings arising in connection with this 16 17 Agreement shall be tried and litigated either in the State courts located in the County of San 18 Bernardino, State of California or the U.S. District Court for the Central District of California, 19 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 20 mandatory and not permissive in nature. 21 13. GOVERNING LAW. 22 This Agreement shall be governed by the laws of the State of California. 23 14. SUCCESSORS AND ASSIGNS. 24 25 This Agreement shall be binding on and inure to the benefit of the parties to this 26 Agreement and their respective heirs, representatives, successors, and assigns. 27 28 5 1 2 - 15. HEADINGS. 3 4 The subject headings of the sections of this Agreement are included for the purposes of 5 convenience only and shall not affect the construction or the interpretation of any of its 6 provisions. 7 16. SEVERABILITY. 8 If any provision of this Agreement is determined by a court of competent jurisdiction to 9 be invalid or unenforceable for any reason, such determination shall not affect the validity or 10 11 enforceability of the remaining terms and provisions hereof or of the offending provision in any 12 other circumstance, and the remaining provisions of this Agreement shall remain in full force 13 and effect. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 2 17. ENTIRE AGREEMENT; MODIFICATION. 3 4 This Agreement constitutes the entire agreement and the understanding between the 5 parties, and supersedes any prior agreements and understandings relating to the subject manner 6 of this Agreement. This Agreement may be modified or amended only by a written instrument 7 executed by all parties to this Agreement. 8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 9 and date set forth below. 10 11 Dated: , 2008 HCI Inc. 12 By: 13 Its: 14 15 Dated 52008 CITY OF SAN BERNARDINO 16 By: 17 Approved as to Form: Fred Wilson, City Manager 18 19 By: 20 J F. Penman, City Attorney 21 22 23 24 25 26 27 28 EXHIBIT "A" CONTRACTOR'S LICENSE: 378587 fiqaw EC SECURITY INTEGRATION DIVISION April 11, 2008 Michael Eckley San Bernardino Police Department 300 North "D" Street, 4th Floor San Bernardino, CA 92418-0001 Re: Network Video Recording System Proposal #0221SBPD01 Michael: Below is HCI, Inc. — Security Integration Division's proposal for the installation of the new network video recording system at your location in San Bernardino, California. HCI will provide all equipment listed on the following page. A formal presentation portfolio can be provided upon request. If I can answer any questions or provide additional information, please call me at (951) 520-4219 or by cell at (909) 997-3605. Sincerely, Rusty Roseberry Senior Account Executive 3166 Horseless Carriage Drive• P.O. Box 638• Norco, California 92860• (951) 520-4200• Fax (951) 520-4303 4/16/2008 San Bernardino Police Department Proposal#0221 SBPD01 Page 2 of 5 Phase I—Jail System ➢ Furnish/Install(1)Genetec OmniCast Pro 4.1 Enterprise Network Video Recording Software on customer provided server/storage solution. Furnish/Install (4)Genetec OmniCast Pro Client Software on customer provided workstation. Furnish/Install (2)Axis Video Server Rack with (17)Axis 241Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. ➢ Furnish/Install (65) Bosch FlexiDome-XF 540 TVL Color Camera with 3-9.5mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Jail Entry—2 Cameras • POD Hallway—3 Cameras • Visiting Room A—2 Cameras • Visiting Room B—2 Cameras • Lunch Room • POD—4 Cameras • Juvenile Hallway—2 Cameras • Jail Cells—6 Cameras • Female Hallway—2 Cameras • Detox Cells—4 Cameras • Intake Hallway—2 Cameras • Booking Counter with Audio • Male Hallway—2 Cameras • Inmate Worker Hallway—4 Cameras • Laundry—2 Cameras • Release Sallyport—2 Cameras • Release Sallyport Exterior 2—Cameras • Inmate.Dayroom—3 Cameras • Dayroom Cells—4 Cameras • Sallyport Hallway—2 Cameras with Audio • Pre-booking Room—2 Cameras • B.A. Room—2 Cameras • B.A. Restroom • Sallyport—8 Cameras ➢ Furnish/Install (6)Altronix 16 Camera Power Supply for new camera locations. ➢ Furnish/Install (1)Bosch 300 Series 26x Day/Night PTZ on Parking Lot Light Poles with Trango Falcon Plus Video/Data Wireless Transmitter Package and Genetec OmniCast Camera licenses. 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 4/16/2008 San Bernardino Police Department Proposal#0221 SBPDO 1 g p Page 3 of 5 ➢ Furnish/Install (4)Bosch Unity Package Day/Night 540 TVL Cameras with 7.5-50mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Gate Entry—2 Cameras • Front Exterior Entrance—2 Cameras ➢ Furnish/Install (1)Bosch 300 Series 26x Day/Night PTZ with Genetec OmniCast Camera licenses on Rooftop Corner. Existing video cabling to be re-used. Installation Cost: $ 152,499.00 sales tax included Phase II ➢ Fumish/Install (1)Axis Video Server Rack with(10)Axis 241Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. ➢ Fumish/Install(32)Bosch FlexiDome-XF 540 TVL Color Camera with 3-9.5mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Staff Entry • Elevator/Electrical Room Coverage • Staff Hallway—2 Cameras • Evidence Storage—3 Cameras • Public Property Entrance • Public Safety Property Release—2 Cameras • Staff Jail Entrance • Lobby—8 Cameras • Traffic Counter —2 Cameras • Records Counter—2 Cameras • Stairwell—2 Cameras • Upstairs Lobby—4 Cameras • Detective Lobby—2 Cameras • Communications Entry ➢ Furnish/Install (3)Bosch 300 Series 26x Day/Night PTZ with Genetec OmniCast Camera licenses on Rooftop Corner. Existing video cabling to be re-used. ➢ Furnish/Install (2)Altronix 16 Camera Power Supply for new camera locations. Installation Cost: $90,12500 sales tax included 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 4/16/2008 San Bernardino Police Department Proposal#0221 SBPDO l Page 4 of 5 Phase II— Optional Wireless PTZ ➢ Furnish/Install(1)Axis 241 Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. ➢ Furnish/Install (4)Bosch 300 Series 26x Day/Night PTZ on Parking Lot Light Poles with Trango Falcon Plus Video/Data Wireless Transmitter Package and Genetec OmniCast Camera licenses. Installation Cost: S 46,299.00 sales tax included Phase III Furnish/Install (1)Axis Video Server Rack with(2)Axis 241Q Four-Port Video Encoder within customer provided equipment rack. Terminate camera cabling to video encoders. Furnish/Install (5)Bosch FlexiDome-XF 540 TVL Color Camera with 3-9.5mm Varifocal Lens and Genetec OmniCast Camera licenses at following locations. • Interview Hallway—3 Cameras • Detective Bureau Hallway—2 Cameras Furnish/Install(6)GE 480 TVL Covert Smoke Detector Camera with 3.6 mm pinhole and(6) Louroe Verifact D Covert Microphones at following locations. • Detective Interview Rooms—5 total • Internal Affairs Interview Room ➢ Furnish/Install(1)Altronix 16 Camera Power Supply for new camera locations. ➢ Installation labor,system set-up,programming and training included. Installation Cost: S 27,975.00 sales tax included Proposal Clarifications: ➢ Customer to provide all network equipment, servers and workstations that meet or exceed Genetec specifications. ➢ HCI to provide monthly progress billing to customer for work performed. Payment shall be processed within 30 days of invoice date. ➢ All I l Ovolt power provided by others. ➢ Paint and Patch is excluded. ➢ Only equipment listed above shall be installed and warranty by HCI, Inc. ➢ Proposal includes equipment as listed based on design information available at time of proposal. Additional equipment and design changes will be quoted and billed as change orders. 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303 4/16/2008 San Bernardino Police Department Proposal#0221SBPD01 Page 5 of 5 Normal equipment lead-time is three weeks. All work listed below shall be performed by HCI employees. Customer Signature Date P.O. Number 3166 Horseless Carriage Drive • P.O. Box 638 • Norco, California 92860 • (951) 520-4200 • Fax (951) 520-4303