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HomeMy WebLinkAboutJMG Security Inc; 2009-10-07;AMENDMENT NO. 5 TO AMEND AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF SAFETY CENTER ACCESS CONTROL SYSTEM JMG SECURITY SYSTEMS, INC. This Amendment No. 5 is entered into and effective as of the ~ day of ~Y"'i:L...; , 2016, extending and amending the agreement dated October 7, 009 (the "Agreement") by and between the City of Carlsbad, a mun1c1pal corporation, ("City"), and JMG, Security Services, Inc. ("Contractor") (collectively, the "Parties") for purchase, installation, and maintenance of Safety Center Access Control System. RECITALS A. On June 19, 2015, the Parties executed Amendment No.4 to the Agreement to extend the agreement through June 30, 2016 and to add maintenance services for equipment installed at 1635 Faraday Ave.; and C. On July 30, 2014, the Parties executed Amendment No. 3 to the Agreement to relocate gate releases at the Safety Center and install additional readers at Faraday building; and D. On July 17, 2012, the Parties executed Amendment No. 2 to the Agreement to install additional cameras and gate releases at the Safety Center; and E. On February 16, 2010, the Parties executed Amendment No. 1 to the Agreement to install a new camera to monitor the police property and evidence area and install equipment to allow separate control of Safety Center cameras from the communications center and the watch commanders office; and F. The Parties desire to alter the Agreement's scope of work to install additional access control equipment at the Safety Center; and G. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is further described in Exhibit "A-5", Scope of Services and Fee. H. The Parties desire to add prevailing rate of wages language to the Agreement per the requirement of the Department of Industrial Relations. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services and equipment described in Exhibit "A-5" which is attached hereto and incorporated herein. 2. City will pay Contractor for all work associated with those services described in Exhibit "A-5", as specified in section 2 of Exhibit "A-5" 3. City will pay Contractor for all maintenance services associated with those services described in Exhibit "A-5", as specified in section 3 ofExhibit "A-5" 4. The general prevailing rate of wages, for each craft or type of worker needed to City Attorney Approved Version 1/30/13 execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. (Remainder of Page Intentionally Left Blank. Signatures Follow) City Attorney Approved Version 1/30/13 2 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By:~/~ Byw ==~~,~~=~~~~==~~-------(sign here) .;\sst; ... CiYMaflager or ~c.tQ[_____ ~ 1//1 ,/1/ r __ , Kathryn B. Dodson ------~ U:::V6:1m 4. v.l' -t:::J7rtit-J (print name/title) ' 1 ATTEST: By:~ City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 3 EXHIBIT "A-5" SCOPE OF SERVICES AND FEE Section 1: JMG Security Systems, Inc. will install and configure the following equipment at the following locations at the Center: Police Information Technology: Install all equipment necessary to equip two (2) doors with HID proximity card readers. 1 -American Magnetics M21 00-2RDR KIT 1 -American Magnetics WIM2 Module 1 -Door Lock Power Supply 2 -New Electronic Door Locks 2 -HID ICLASS R1 0 Proximity Card Readers 2 -Single Door Contacts Property and Evidence: Install all equipment necessary to equip the door that goes from the Property and Evidence area to the Sally port with an HID proximity card reader. 1-Single Door Contact 1-HID R10 Proximity Card Readers 1-New Electronic Door Lock All material, labor, cabling and system programming is included Final acceptance and payment will be granted when controls and door locking hardware have been verified to have been operating appropriately for fifteen calendar days after installation is complete. Section 2: Equipment and Installation Fee The total fee for the equipment and installation as specified in Section 1 is twelve thousand nine hundred and seventy-five dollars ($12,975), that consists of: Police Information Technology doors $10,175.00 Property and Evidence door $ 2,800.00 Section 3: Warranty and Maintenance Services Warranty on all equipment listed in Section 1 is as specified in Section 11.1 of the original agreement. Maintenance services will be provided by contractor as specified in "Exhibit B Scope of Services -Maintenance" of the original agreement. Subject to appropriation of funds by the City Council, payment for maintenance services will be paid annually after the completion of the one year warranty period as follows: Police IT doors Property and Evidence door $55 monthly/ $660 annually $10 monthly/$120 annually City Attorney Approved Version # 05.22.01 4 Section 4: Schedule of Installation All work will be completed within 45 calendar days of the date of the execution of this amendment. City Attorney Approved Version # 05.22.01 5 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF SAFETY CENTER ACCESS CONTROL SYSTEM JMG INC. This Amendment No. Y is entered into and effective as of the /<? ~ay of -------~::fi.L...Ioo~IL.:...W;;...!oot!£.:;....__, 2015, extending and amending the agreement dated October 7, 2009 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and JMG, Inc. ("Contractor") (collectively, the "Parties") for purchase, installation, and maintenance of Safety Center Access Control System. RECITALS A. On July 30, 2014, the Parties executed Amendment No. 3 to the Agreement to relocate gate releases at the Safety Center and install additional readers at Faraday building; and B. On July 17, 2012, the Parties executed Amendment No. 2 to the Agreement to install additional cameras and gate releases at the Safety Center; and C. On February 16, 2010, the Parties executed Amendment No. 1 to the Agreement to install a new camera to monitor the police property and evidence area and install equipment to allow separate control of Safety Center cameras from the communications center and the watch commanders office; and D. The Parties desire to alter the Agreement's scope of work to cover additional existing access control equipment at City Facilities; and E. The parties desire to extend the Agreement for a period of one year; and F. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A-4", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on June 30, 2016. 2. City will pay Contractor for services as specified in Exhibit "A-4". 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version 1/30/13 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: Q (sign here) !"""'"'City Manag~r 9irealeF kee{-e._syn,.__, l)f' Kathryn B. Dodson • (print name/title) ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 EXHIBIT "A-4" SCOPE OF SERVICES AND FEE Section 1: Maintenance Services Contractor will provide all equipment and services necessary to maintain the Access control system installed as defined in the Agreement and all amendments to the Agreement. Section 2: Payments Subject to appropriation of funds by the City Council, payment for maintenance services will be paid annually as follows: Safety Center Faraday $877.40 monthly/ $10,530 annually $35.00 monthly/$420 annually City Attorney Approved Version# 05.22.01 3 AMENDMENT NO. 3 TO AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF SAFETY CENTER ACCESS CONTROL SYSTEM JMG Inc. This Amendment No. 3 is entered into and effective as of the 3o-fh day of .:Jv~ , 2014, amending the agreement dated October 7, 2009 (the "Agreement") y and between the C1ty of Carlsbad, a mumc1pal corporation, ("C1ty"), and JMG Inc., ("Contractor") (collectively, the "Parties") for the Purchase, Installation and Maintenance of Safety Center Access Control System. RECITALS A. On July 17, 2012, the Parties executed Amendment No.2 to the Agreement to install additional cameras and gate releases at the Safety Center; and B. On February 16, 2010, the Parties executed Amendment No. 1 to the Agreement to install a new camera to monitor the police property and evidence area and install equipment to allow separate control of Safety Center cameras from the communications center and the watch commanders office; and C. The Parties desire to alter the Agreement's scope of work to: 1) Relocate door and elevator release controls; 2) Expand installation at Faraday IT room doors; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A-3", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services and equipment described in Exhibit "A-3". 2. City will pay Contractor for all work associated with those services described in Exhibit "A-3", as specified in section 2 of Exhibit "A-3". 3. City will pay Contractor for maintenance services associated with equipment described in Exhibit "A-3" as specified in Section 3 of Exhibit "A-3". 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. ~B~~T~---­ ~ (print name/title) A'U:tJ e5A4,1f=@,JA165"tcc/tt-f~. ~ (e-mail address) **By:~gd: (print name/title) ~~<J;tq~t>rry. ~ (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: ~firENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President -Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version #05.22.01 2 EXHIBIT "A-3" SCOPE OF SERVICES AND FEE Section 1: JMG Security Systems, Inc., will relocate the 4 door and elevator release controls currently located in the Safety Center reception area to the Records counter within the Records division. The four controls currently installed activate the following access points: 1. Lobby to Atrium North -Rdr #6 2. Lobby to General Operations -Rdr #17 3. Lobby to Stairwell Entry-Rdr #21 4. Lobby to Elevator Rdr #19 In addition, JMG Security Systems, Inc., will install and configure the following equipment at the Faraday building: 1. IT MDF Room a. 1 DS160 Egress Sensor b. 1 Single Door Contact 2. IT "ZEN" Room a. 1 AMAG Single Door POE Controller b. 1 Door lock power supply c. 1 HID iCiass keypad/proximity card reader d. 1 installation of electronic door lock provided by Quality Lock All installation services and materials needed will be provided by JMG. Final acceptance and payment will be granted when controls and door locking hardware have been verified to have been operating appropriately for fifteen calendar days after relocation and installation is complete. Section 2: Equipment and Installation Fee The total fee for the equipment and installation as specified in Section 1 is six thousand three hundred and fifty dollars ($6350) that consists of: $ 1,900.00 $ 800.00 $3,650.00 Relocation of Elevator and Door Release controls MDF Room Addition Access control for Faraday ZEN Room City Attorney Approved Version # 05.22.01 3 Section 3: Warranty and Maintenance Services Warranty on all equipment listed in Section 1 is as specified in Section 11.1 of the original agreement. Maintenance Services will be provided by Contractor as specified in "Exhibit B Scope of Services -Maintenance" of the original agreement. Subject to appropriation of funds by the City Council, payment for one year of maintenance services for the equipment listed in Section 1 is $240 and will be paid annually after completion of the one year warranty period. City Attorney Approved Version# 05.22.01 4 AMENDMENT NO. 2 TO AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF SAFETY CENTER ACCESS CONTROL SYSTEM JMG Inc. This Amendment No. 2 is entered into and effective as of the / 1-fh day of :Tv{#-, 2012, amending the agreement dated October 7, 2009 (the "Agreement") and between the City of Carlsbad, a municipal corporation, ("City"), and JMG Inc., ("Contractor") (collectively, the "Parties") for the Purchase, Installation and Maintenance of Safety Center Access Control System. RECITALS A. On February 16, 2010, the Parties executed Amendment No. 1 to the Agreement to install a new camera to monitor the police property and evidence area and install equipment to allow separate control of Safety Center cameras from the communications center and the watch commanders office; and B. The Parties desire to alter the Agreement's scope of work to: 1) Install 3 additional cameras to monitor the police property and evidence area; 2) Install an additional camera in the Safety Center lobby; 3) Install gate releases at the employee and patrol gates; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A-2", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services and equipment described in Exhibit "A-2". 2. City will pay Contractor for all work associated with those services described in Exhibit "A-2", as specified in section 2 of Exhibit "A-2". 3. City will pay Contractor for maintenance services associated with equipment described in Exhibit "A-2" as specified in Section 3 of Exhibit "A-2". 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR -- (sign here) &;? lette/d/1 J!/).JrUP!j (print name/title r • 4/eiJesfi?/1-eJ?U65t:--e<./h7t; ~fYI1 (e-mail address) I **B~~ 4:nh:r~Jfk~ (print name/title) ~ ~ €..1M4~L.cAJlt~.~ (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager er Meyer ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ttorney City Attorney Approved Version #05.22.01 2 EXHIBIT "A-2" SCOPE OF SERVICES AND FEE Section 1: Camera equipment for Property and Evidence Quantity Description Unit Cost Total 3 Pelco Sarix IP 0.5 IMSSO-C10 Megapixel $650.00 $1950.00 Color Fixed Domes w/Auto Iris Lens including Pelco Sarix IP camera license 1 Installation and Programming $850.00 1 System Wiring Installation and Material $1200.00 Total $4000.00 Gate releases at employee and patrol gates Quantity Description Unit Cost Total 2 Gate release buttons $700.00 $1400.00 Installation, system wiring and material included included Total $1400.00 Camera in Safety Center lobby Quantity Description Unit Cost Total 1 Internal Pelco color dome camera $600.00 $600.00 Initial system programming, any $1100.00 necessary cabling, camera installation and final adjustments Total $1700.00 Work to be performed by Contractor 1. Install 3 cameras in Property and Evidence at locations determined by the City. 2. Install 1 camera in the Safety Center Lobby at location determined by the City. 3. Install 2 gate releases on the inside of the employee and patrol gates. 4. Perform all cabling necessary for installation of all equipment listed in Section 1. All network cabling for the Property and Evidence cameras will be Krone CAT6. All other cabling will be performed to the satisfaction of the City. 5. Program all equipment to the satisfaction of the city. City Attorney Approved Version# 05.22.01 3 City of Carlsbad will provide 1. POE Switch for Property and Evidence cameras 2. Virtual server to run Pelco NVR software (Windows Server 2008 R2) 3. Necessary storage to archive video Section 2: Equipment and Installation Fee The total fee for the equipment and installation as specified in Section 1 is seven thousand one hundred dollars ($7100) that consists of: $4,000.00 $1,400.00 $1,700.00 Property and Evidence Camera equipment and Installation Gate Release equipment and Installation Safety Center lobby camera equipment and installation The city will pay contractor upon final acceptance of the system as specified in the original agreement. Section 3: Warranty and Maintenance Services Warranty on all equipment listed in Section 1 is as specified in Section 11.1 of the original agreement. Maintenance Services will be provided by Contractor as specified in "Exhibit B Scope of Services -Maintenance" of the original agreement. Subject to appropriation of funds by the City Council, payment for one year of maintenance services for the equipment listed in Section 1 is $480 and will be paid annually after completion of the two year warranty period. City Attorney Approved Version # 05.22.01 4 '. AMENDMENT NO. 1 TO AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF SAFETY CENTER ACCESS CONTROL SYSTEM JMG Inc. f , This Amendment No. t . is entered into and effective as of the I (;Ji, day of /-LVhU.iv'-vGy , 20e1 0, amending the agreement dated October 7, 2009 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and JMG Inc., ("Contractor") (collectively, the "Parties") for the Purchase, Installation and Maintenance of Safety Center Access Control System. RECITALS A. The Parties desire to alter the Agreement's scope of work to: 1) Install a new camera to monitor the police property and evidence area; 2) Install equipment to allow separate control of Safety Center cameras from the communications center and the watch commanders office; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A-1", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those additional services and equipment described in Exhibit "A-1 ". 2. City will pay Contractor for all work associated with those additional services as specified in section 2 of Exhibit "A-1 ". 3. City will pay Contractor for maintenance services associated with equipment as specified in Section 3 of Exhibit "A-1". 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. (Remainder of Page Intentionally Left Blank) City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. sign here) 4!?-/@L£7nd4 /1 CITY OF CARLSBAD, a municipal corporation of the State of California ~ ~Manager"* M;fM If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: Assistant City Attorney City Attorney Approved Version #05.22.01 2 EXHIBIT "A-1" ADDITIONAL SCOPE OF SERVICES AND FEE Section 1: Access control equipment 1 Pelco CM6800 (32x6) Matrix Switcher/Controller 1 Pelco KBD300A Keyboard Control 1 Pelco KBD Extension Kit Camera equipment 1 Pel co ICS 111 CV9 Camera for Property and Evidence Area Work to be performed Install Pelco CM6800 (32x6) Matrix Switcher/Controller in rack in computer room Install Pelco Keyboard in police communications center Install camera in Property and Evidence area Perform all cabling necessary for installation Program all equipment to the satisfaction of the city Section 2: Equipment and Installation Fee The total not-to-exceed fee for the equipment and installation as specified in Section 1 is three thousand eight hundred and fifty dollars ($3850). The City will pay Contractor upon final acceptance of the system as specified in the Agreement. Section 3: Maintenance Services Subject to appropriation of funds by the City Council, payment for maintenance services will be paid annually as follows: $300 for one year of maintenance services on the access control equipment, paid in advance annually after completion of the two year warranty period; and $60 for one year of maintenance services on the camera equipment, paid in advance annually after the completion of the one year warranty period. City Attorney Approved Version# 05.22.01 3 AGREEMENT FOR SAFETY CENTER ACCESS CONTROL SERVICES JMG SECURITY, INC. THIS AGREEMENT is made and entered into as of the 7 '!::!.. day of D ~ , 20_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and JMG Security, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in the installation and maintenance of Facility Security and Access Control Systems. B. City issued a Request for Proposals and Contractor submitted a proposal to City and has affirmed its willingness and ability to perform such work; and C. City carefully reviewed and evaluated the RFP responses and recommended JMG, Inc. for the purchase, installation and maintenance of all equipment and services necessary for an access control system for the Safety Center; and D. Selection of Contractor is expected to achieve the desired results as defined in the City's Request for Proposal, the Contractors proposal and the attached Exhibit "A" and Exhibit "B"; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A" and Exhibit "B", which are incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement shall commence on the date first above written and terminate five (5) years after the date the city accepts the Access Control System as complete as defined in Exhibit A. The City Manager may amend the Agreement to extend it for one additional year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #05.06.08 d 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed and the equipment provided during the installation of the access control system as defined in Exhibit A shall not exceed one hundred and four thousand two hundred and sixty dollars ($104,260). The total fee payable for the Services to be performed and the equipment provided for the maintenance of the access control system as defined in Exhibit B shall not exceed thirty thousand seven hundred and eighty dollars ($30,780). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/ or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A" and Exhibit "B". 6. STATUSOFCONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. Prior to being allowed to perform any work on this project, all non-city personnel assigned to the project must submit to and pass a background check by the Police Department. In addition, if, at any time, the City determines an individual is not able to effectively perform the services required by this Agreement, the City will notify and discuss the matter with the Contractor in an attempt to reach a mutual resolution. However, at the City's request, the Contractor will immediately remove the individual from the project. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING City Attorney Approved Version #05.06.08 2 Contractor will use the following subcontractor for the installation and maintenance of electronic locking hardware, wiring and access control equipment: Quality Lock & Safe 340 E Broadway Vista, CA 92084-(760) 945-4545 Contractor will not subcontract any portion of the Services to any other than the above without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION (a) Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. (b) The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. (1) The above paragraph (b) shall only apply if, (a) such losses occur while an employee or agent, or subcontractor of Contractor is on or about City's premises and which losses, damages and liabilities are solely and directly caused by said employee(s), agents, et. al. or; (b) if such losses, damages are caused by Contractor's or Contractor's employee, agent or subcontractor's negligence or willful and reckless misconduct 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR City Attorney Approved Version #05.06.08 3 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and onusstons liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version #05.06.08 4 7 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. WARRANTIES 11.1 Warranties on all access control hardware and software listed in Section 1 of Exhibit A 11.1.1 Warranty Period. The warranty period on all Contractor installed computer hardware and general hardware components, software, access control equipment, cabling, wiring and locks is for two years following the date the city accepts the system as complete and authorizes final payment to Contractor. 11.1.2 System Warranty. Contractor warrants that the Access control system will meet the requirements as defined in this agreement, the city's Request for Proposal, any amendments to the RFP, and the proposal submitted by Contractor. Contractor warrants that for the warranty period and for as long as there is an agreement in effect between the parties, the Access control system will be free from defects in material and workmanship and remain in good working order. 11.1.3 Equipment Warranty. Contractor warrants that at the time of delivery, all installed equipment listed in Section 1 of Exhibit A and any other piece of equipment or computer hardware or general component hardware installed as part of the Access Control System and will be new and unused, will be free from defects in materials and workmanship and will remain in good working order during the Warranty period. 11.1.5 Work Quality Warranty. Contractor warrants that all work performed by Contractor under this agreement will confirm to best industry practices and will be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge to do so. 11.1.6 Service Warranty. Contractor warrants that it will remedy any failure, malfunction, defect or nonconformity in the access control system as follows: (a) All labor and parts necessary for remedy will be provided at no charge to the city. (b) Contractor will provide loaner equipment if necessary. (c) Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. City Attorney Approved Version #05.06.08 5 (d) Contractor will provide all revisions to current software as required by manufacturer for continued operation (e) After hours and weekend service calls are included for situations that the city deems necessary. 11.2 Warranties on existing 12 fixed color cameras and existing electrified door hardware. 11.2.1 Warranty Period. The warranty period on the existing 12 fixed color cameras and the existing electrified door hardware installed at the Safety Center is for one year following the date the city accepts the system as complete and authorizes final payment to Contractor. 11.2.2 Service Warranty. Contractor warrants that it will remedy any failure, malfunction, defect or nonconformity in the twelve fixed color cameras as follows: (a) All labor and parts necessary for remedy will be provided at no charge to the city. (b) Contractor will provide loaner equipment if available. (c) Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. (d) After hours and weekend service calls are included for situations that the city deems necessary. 11.2 Warranties on existing 4 PTZ color cameras. 11.2.1 Warranty Period. The warranty period on the existing 4 PTZ color cameras installed at the Safety Center is for one year following the date the city accepts the system as complete and authorizes final payment to Contractor. 11.2.2 Service Warranty. Contractor warrants that it will remedy any failure, malfunction, defect or nonconformity in the 4 PTZ color cameras as follows: (a) All labor necessary for remedy will be provided at no charge to the city. (b) A service replacement PTZ color camera will be provided and installed by JMG while the existing PTZ camera is sent to the manufacturer for repair or while new equipment is procured by the City. (c) Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. (d) After hours and weekend service calls are included for situations that the city deems necessary. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #05.06.08 6 7 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Name Maria Callander Title Public Safety Technology Manager Department Police Department City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 Phone No. 760-931-2176 For Contractor: Name Mike Tremblay Title Senior Agent Address 7297 Ronson Rd. #A San Diego, CA 92121 Phone No. 858-900-4564 x 316 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or City Attorney Approved Version #05.06.08 7 /(l subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 8 (( 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version #05.06.08 9 !,) 24. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. Any such assignment, sublicense or transfer attempted by Contractor without City's prior written consent shall be null and void. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill City Attorney Approved Version #05.06.08 10 13 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. JMG SECURITY SYSTEMS, INC. 17150 Newhope Street SUite 109 Fountain Valley, CA 92708 'e- ATTEST: City Attorney Approved Version #05.06.08 11 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD~- By:~ ls~ City Attorney Approved Version #05.06.08 12 / I ~ EXHIBIT "A" SCOPE OF SERVICES -INSTALLATION s echon 1 E : :qUipment an dS ervtces L' 1St EQUIPMENT DESCRIPTION QTY HID ACCESS CARDS ACCESS CARDS 500 All Low Voltage Date Cable/Conduit Included MATERIAL Lot Pelco DX8124-1500A DVR DIGITAL VIDEO RECORDER I Pelco KBD300A Keyboard/Joystick PTZ JOYSTICK CONTROLLER I Pelco KBD Extension Kit JOYSTICK EXTENSION KIT I New Electronic Door Hardware 10 AMAG MN-NIC-3 Network Interface Module AMAG NETWORK INTERFACE MODULE I AMAG M2100-16RDR-P-KIT INCLUDES: 20K-DBU/8 READER CONTROLLER I (2) AMAG M2100-8RDR-P-KIT INCLUDES: 20K-DBU/8 READER CONTROLLER I (I) AMAG M2100-4RDR-P-KIT INCLUDES: 20K-DBU/4 READER CONTROLLER I (I) AMAG MN-TRANS-75-UL. UL Listed TRANSFORMER FOR POWER 3 AMAG MN I/0 Board INTEF ACE MODULE FOR AUX DEVICES 2 AMAG WIM8 Modules WIEGAND INTERFACE FOR HID READERS 3 NVT 214A-M Transmitters TWISTED PAIR TRANSMITTERS 10 Internal Door Release Configuration for Doors LABOR & MATERIAL 112/3/18 Connection to Electronic Door Hardware LABOR II New Mounting Plates for Gate Pedestal Mounts LABOR & MISC. MATERIAL Removal of Existing Video Recorder and Old LABOR Monitors JMG LABOR, SET UP, PROGRAMMING, PM VIKING C200A Phone Interface Module PHONE INTERFACE MODULE I VIKING E-50-SS-EWP VIDEO INTERCOM 5 VIKING EW 3X5 VIDEO INTERCOM ENCLOSURE 5 VIKING RC-3 RELEASE MODULE FOR DOOR/GATE I Altronix AL400ULX Power Supply ELECTRONIC POWER SUPPLIES FOR DOOR 3 LOCKS Single Door Contacts SENTROL EMBEDDED CONTACTS 27 Double Door Contacts SENTROL EMBEDDED CONTACTS 2 DS !50 Egress Motion Sensors EGRESS SENSORS FOR SYSTEM INTEGRATION 8 HID RK40 Keypad/Proximity Card Readers HID KEYPAD/PROXIMITY READER 6 HID RIO iClass Proximity Card Readers HID PROXIMITY READER 21 ORION FLAT SCREEN VIDEO MONITOR 32" MONITOR WI 2 MOUNTS I LCD 32" television monitor TELEVISION l AMAG Symmetry PRO Licenses 56 Readers INITIAL AMAG SOFTWARE 56 DOOR CAP A CITY I AMAG Symmetry PRO Client Licenses AMAG CLIENT SOFTWARE I AMAG Symmetry PRO Threat Management SOFTWARE I AMAG Symmetry PRO Data-Connect SOFTWARE I AMAG Symmetry PRO Video Management Module SOFTWARE I AMAG Symmetry PRO Maintenance ~ 5 years SOFTWARE I Installation of camera in eMug holding cell LABOR and Pelco ICS Ill CV9 vandal-resistant camera 1 City Attorney Approved Version #05.06.08 13 I~ Contractor will provide all necessary equipment and services for the tum-key installation of an AMAG Symmetry PRO Access Control System, including but not limited to all equipment listed above. Section 2: Description of access control levels A. Levell -Specified locations will include a card reader, a keypad, a camera, an intercom and remote activation capability: 1. A card reader that will unlock the adjacent door under normal operating conditions. 2. A number keypad will provide the ability to require the entry of a personal "PIN" when programmed on an as needed basis, usually in response to a heightened threat situation. 3. A wide angle camera (this camera will be in addition to existing camera installations) will take a minimum series of three (3) photographs of the area of the card reader when the card reader is activated. The photographs must be accessible for view to authorized employees for a minimum of 30 days. 4. An intercom will provide two-way communications between dispatch and individuals at the specific access point. 5. Remote activation will allow a dispatcher to open the door or gate. 6. Ability to program door/ gate to open and lock automatically at specific times and on specific days of week. 7. Ability to lock or unlock doors. B. Level 2 -Specified locations will include a card reader and remote activation capability 1. A card reader will unlock the adjacent door. 2. Remote activation will allow the receptionist to unlock the specific door in the lobby area. The door control will have a secure lock system or disabler that will prevent its use during not business hours. 3. Ability to program door to open and lock automatically at specific times and on specific days of week. 4. Ability to lock or unlock doors. C. Level 3 -Specified locations will include a card reader and remote activation capability 1. A Card Reader will permit the elevator call button to function. 2. Remote activation will allow the receptionist to activate the elevator call button. 3. Ability to program elevator to be active at specific times and on specific days of week. D. Level4-Specified locations will include a card reader 1. A Card Reader will unlock the adjacent door. 2. Ability to program door to open and lock automatically at specific times and on specific days of week. 3. Ability to lock or unlock doors. E. Level 5 -Specified locations will have electronic control and monitoring of door status. City Attorney Approved Version #05.06.08 14 1/ 1. Ability to program door to open and lock automatically at specific times and on specific days of week. 2. Ability to lock or unlock doors. F. Level6-Specified locations will have electronic sensors 1. Ability to determine if door is unsecure G. Level7 -Specified locations will include a card reader, a keypad, and remote activation capability: 1. A card reader that will unlock the adjacent door under normal operating conditions. 2. A number keypad will provide the ability to require the entry of a personal "PIN" when programmed on an as needed basis, usually in response to a heightened threat situation. 3. Remote activation will allow a dispatcher to open the door or gate. 4. Ability to program door/ gate to open and lock automatically at specific times and on specific days of week. 5. Ability to lock or unlock doors. Section 3: List of access control points Access Point Description Level 1 Northwest exterior door to Police Lobby 1 2 Southwest interior from lobby to second floor stairwell 2 3 East interior door from lobby to general operations area 2 4 North interior door from lobby to building's interior atrium 2 5 East interior door from general operations area to records area 4 6 East interior door from general operation to property & evidence 4 SA East exterior door from carport to holding facility 4 8B East exterior door from holding facility to carport 4 9A West interior door from general operations to holding facility 4 9B West interior door from holding facility to general operations 4 10 East exterior door from general op_erations to patrol parking area 1 11 North exterior double doors from general operations to employee 1 parking area 12 East interior door from general o_E_erations to narcotics division 4 13 West interior door investigations division to narcotics division 4 16 North vehicle entry gate to employee lot 1 17 South vehicle entry gate to patrol lot 1 18 Southwest interior from lobby to second floor elevator 3 A North interior door from dispatch center to computer room 7 B North interior door from dispatch center to phone room 4 c West double wooden door from conference center to police lobby 4 0 West interior door from police lobby to records area 4 G North interior door from general operations to crime lab 4 City Attorney Approved Version #05.06.08 15 H West interior door from general operations to fingerprint lab 4 F1 West exterior entrance door to police lobby 5 F2 West exterior entrance door to police lobby 5 F3 West exterior entrance door to police lobby 5 K North exterior emergency exit door from hallway adjacent to 6 detention area 7 East interior door from atrium to dispatch center 4 J1 South exterior entrance door to Conference Center (second door 5 from the west) J1 South exterior entrance door to Conference Center (third door from 5 the west) J1 South exterior entrance door to Conference Center (forth door from 5 the west) J1 South exterior entrance door to Conference Center (west door only) 4 J2 East exterior door from Conference Center hallway 6 J3 South exterior door from conference room #3 6 J4 East interior door from Conference Center hallway toT AC office 4 28 Interior door from Conference room #1 into the Audio Visual room 4 Section 4: Training The installation of the AMAG Symmetry PRO access control platform will include the following training: The training process will include approximately four sessions, each about one hour long and any follow up training as required by the customer. Contractor will provide training for any number of employees necessary. Session 1: The first training session will include a basic overview of the system and a focus on times, time codes, reader groups, and access levels. These are the main sections to be preconfigured before anyone can add cardholders, so it is important that this section be understood. The session will finish up with the design and development of a badge design. Session 2: After the system has been preliminarily configured and all card holders have been added, the next training schedule will be to cover reports, data management, threat management, graphics and other day to day tasks and operations. Session 3: The third training session will include fine tuning alarm management and any triggered commands. Session 4 and beyond: The final sessions will cover any items requested at that time and will otherwise focus on recovery/ backup management, disaster preparedness and contingency planning. City Attorney Approved Version #05.06.08 16 Section 5: Software installation City will provide the server. The operating system will be Windows Server 2008 running under ESX Vmware. The city will also provide a database server running Microsoft SQL server 2008. All data will be stored on the Safety Center Compellent SAN. The city provided server will undergo security review before and after installation of application. It is expected that all Access Control System components will function correctly with all current patches and standard security protocols such as Antivirus, and all appropriate Microsoft updates. Prior to the first training session, the project manager will program all system components, any linking commands, configure all database shares, and test the entire system to ensure each feature functions correctly. Contractor is responsible for installing all software necessary for Access Control System, including but not limited to the server application, the client application and performing whatever configuration of those is necessary. Section 6: Hardware Component Installation Contractor is responsible for installing all access control hardware including but not limited to all hardware listed in Section 1. Contractor will re-label any fire rated doors. Section 7: Viking Intercom System Contractor will install five (5) Viking E-50-SS-EWP integrated video intercoms at access points 1, 10, 11, 16 and 17. The design will require two (2) phone lines provided by the city for communication so any existing dispatch operator can pick up their existing phone make the initial communication and release the door/ gate entry with the push of a button on their existing telephone. There is a built in wide angle color video camera inside each intercom device that will interface with the built in Pelco DX8124 multiplex module inside the facility and all the intercom cameras (5) will be displayed inside the dispatch center on the existing 42" flat screen video monitor, so all operators can view each entry point of the facility, communicate with the individual and release the door/ gate from any work station within the dispatch center. All dispatch operators will also be able to view entry points from their computers using the Pelco DVR software. The Viking video output will then transmit to the Pelco DX8124 DVR as part of the overall storage requirement for a minimum of thirty (30) days. City Attorney Approved Version #05.06.08 17 Section 8: Pelco Video System Contractor will replace the City's existing digital monitoring platform, a Dedicated Micro DVR, with a Pelco DX8124-1500A digital video recording system with a built in video multiplexer, built in audio storage for sixteen (16) cameras and 1.5 terabyte's of storage capacity. Contractor will include a new Pelco keyboard/joystick controller for the Watch Commander's office giving him control of the monitor displays and control of the PTZ' s. All other video manipulation for the dispatch center will take place from the Pelco DX8124 software, so any dispatch operator may log in and change the current live display, review video history and or control the existing PTZ cameras with the built in software CUI on the 42" monitor display. Contractor will install two (2) 32" flat screen monitors and monitor mounts that will be installed in the Watch Commander's office to replace the three (3) existing older composite monitors. Contractor will include the AMAG video license fee for eight (8) cameras as part of this design for the five (5) intercom camera locations. The AMAG video licensing will allow the DX8124 to interface with the Symmetry PRO platform allowing the end user the ability to "tag" the video input for the newly installed video intercoms through the Symmetry PRO software. There are no license fees for the Pelco DX8124 software and five (5) clients can be viewing the video at the same time. Section 9: Project Plan Task 1: Initial walkthrough Contractor and City staff will visit every access control point listed in Section 3 to verify all equipment to be installed and the access control level provided. Task 2: Wiring, cabling and power installation City will provide and install 1. 110v power for access control panels and power supply devices at locations to be determined during Task 1. Estimated requirements are for four (4) quad outlets at main control location (151 floor), and three (3) quad outlets at secondary control location (2nd floor). 2. 110v outlet source near entry door locations F1/F2/F3 & J1/J1/J1/J1. 3. One (1) static IP network connection for access control database and two (2) network connections for ENVS video interface unit. 4. Mounting backboard area for access control panels. (plywood 8X8 or 4X4) 5. Two (2) analog phone lines for Viking intercom system. Contractor will install any and all other wiring and cabling necessary for all access control points. Task 3: Access control equipment installation Contractor will install all equipment listed in Section 1. First all readers, contacts and intercoms will be installed. Second, the DVR, video monitors and keyboards will be installed. Task 4: Application installation and configuration Contractor will install the server application. City and Contractor will configure the access control database. City Attorney Approved Version #05.06.08 18 2( Task 5: Training Training will occur concurrently with all tasks as specified in Section 4 Task 6: Preliminary review and testing Contractor and city staff will visit every access control point listed in Section 3 and verify that all equipment is installed and functional and that the correct access control level has been provided. All variances will be noted and then remedied by the Contractor. Task 7: Production City will issue all employees the new access cards. Once all variances identified in Task 6 have been remedied by Contractor, the City and the Contractor will choose a mutually agreeable date to commence use of system. Task 8: Final Acceptance City will use the system for thirty (30) calendar days. If no major failures have occurred, City will accept the project as complete. If major failures occur during this 30 day period, then Contractor will remedy the system and a new thirty calendar day period will commence. City reserves the right to determine what constitutes a major failure. Section 10: Incremental Payments Payment #1: 25% upon completion of Task 2 Payment #2: 25% upon completion of Tasks 3 and 4 Payment #3: 50% upon completion of Task 8. 19 City Attorney Approved Version #05.06.08 EXHIBIT "B" SCOPE OF SERVICES -MAINTENANCE Section 1: Maintenance Services Contractor will provide all necessary equipment and services in order to maintain the Access Control system installed as defined in Exhibit A to this Agreement in complete working order as further described below. Following acceptance and the completion of the warranty period for all access control hardware and software listed in Section 1 of Exhibit A and thereafter for a period of thirty six (36) months, Contractor will remedy any failure, malfunction, defect or nonconformity as follows: a. All labor and parts necessary for remedy will be provided at no charge to the City. b. Contractor will provide loaner equipment if necessary. c. Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. d. Contractor will provide all revisions to current software as required by manufacturer for continued operation. e. After hours and weekend service calls are included for situations that the City deems necessary. Following the completion of the warranty period for the twelve fixed color cameras and thereafter for a period of forty-eight (48) months, Contractor will remedy any failure, malfunction, defect or nonconformity in as follows: a. All parts necessary for remedy will be provided at no charge to the City. b. Contractor will provide loaner equipment if available. c. Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. d. After hours and weekend service calls are included for situations that the City deems necessary. e. Service labor will be billed separately at the current service rate of $135 per hour. Following the completion of the warranty period for the 4 PTZ color cameras and thereafter for a period of forty eight (48) months, Contractor will remedy any failure, malfunction, defect or nonconformity as follows: a. All parts necessary for remedy will be provided at no charge to the City. b. A service replacement PTZ color camera will be provided and installed by JMG while new equipment is procured by JMG. c. Contractor will respond to all service calls within 4 hours of receiving notice of any system malfunction or failure. d. Service labor will be billed separately at the current service rate of $135 per hour. e. After hours and weekend service calls are included for situations that the City deems necessary. City Attorney Approved Version #05.06.08 20 23 Following the completion of the warranty period for the existing electrified door hardware, the City will assume responsibility for the maintenance and repair of this equipment. Contractor will perform preventative maintenance including but not limited to: a. Database review and retraining as needed b. System performance review c. Software and equipment updates as needed d. Biannual System Inspection City agrees that: a. JMG has no responsibility to repair or replace any equipment that while still technically functioning has been rendered obsolete by manufacturer decisions, governmental decree or other event beyond JMG' s control. b. a digital video recorder (DVR) will be used to store CCTV data and is based on standard computer hard drive technology. In the event of hard drive failure the data may not be able to be extracted. c. there is an additional charge for replacement of monitors with burn-in d. JMG is not responsible for repair if the system or any piece of installed equipment is not in working order due to abuse, misuse, or changes in construction on the premises or acts of God beyond JMG' s control. Section 2: Payments Subject to appropriation of funds by the City Council, payment for maintenance services will be paid annually as follows: $1710 for one year of maintenance services on all cameras, paid annually after completion of the warranty period $7980 for one year of maintenance services on all access control hardware listed in Section 1 of Exhibit A paid annually after completion of warranty period. City Attorney Approved Version #05.06.08 21