HomeMy WebLinkAbout2009-10-06; City Council; 19989; Safety Center access control system agreementCITY OF CARLSBAD - AGENDA BILL
AB# 19.989
MTG. 10/06/09
DEPT. POLICE
APPROVAL OF THE AGREEMENT FOR
PURCHASE, INSTALLATION, AND
MAINTENANCE OF SAFETY CENTER
ACCESS CONTROL SYSTEM
DEPT. HEAD ^ l^
CITY ATTY. G&&-
CITY MGR. (/A^
RECOMMENDED ACTION:
City Council to adopt Resolution No. 2009-247 approving the agreement with JMG Inc. for the
purchase, installation and maintenance of an access control system for the Safety Center.
ITEM EXPLANATION:
An access control system was installed at the Safety Center at the time of its construction in 1986
to control 19 doors and 2 gates. The current system has been inoperable since the early 1990s;
Safety Center access is currently regulated by the use of a complicated system of keys.
In 2008, a security audit of city facilities revealed that public access to secured facilities or
secured areas within city facilities was easily obtained. Due to the results of this audit as well as
heightened security concerns throughout the nation the city decided to replace the Safety Center
access control system, and developed and distributed a request for proposal to qualified vendors.
A selection team of Police, Public Works and Information Technology staff members evaluated
nine proposals, and recommends JMG Inc. as the best value for the purchase, implementation
and maintenance of an access control system for the Safety Center.
The new access control system will control 36 access points throughout the Safety Center and
the adjoining Conference Center. The system has been designed for future replication and
expansion to other City facilities if desired.
FISCAL IMPACT:
The Police Computer Aided Dispatch ("CAD") Implementation project replaces public safety
information technology applications and infrastructure. The first phase of the project included the
replacement of a 16 year old CAD system and the implementation of an 800 MHz radio data
communication system. The second phase of the project includes the installation of a Storage
Area Network and the implementation of public safety applications.
The contract with JMG Inc. for the purchase, implementation, and maintenance of an access
control system for the Safety Center totals $132,772. As shown in the table below, sufficient
funds are available in the General Capital Construction funded Police CAD Implementation
Project - Project No. 3685.
DEPARTMENT CONTACT: Maria Callander 760-931-2176 maria.callander@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED *
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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POLICE CAD IMPLEMENTATION - PROJECT NO. 3685
TASK DESCRIPTION
Design
TOTAL
APPROPRIATED
TO DATE
$2,312,228
$2,312,228
EXPENDITURES/
ENCUMBRANCES
TO DATE
$2,163,787
$2,163,787
REMAINING
BALANCES
$148,441
$148,441
Five years of hardware and software maintenance is included in the contract amount. During this
period there will be no increases to the annual operating budget for the access control system.
Maintenance for future years will be budgeted on an annual basis and is estimated to cost
$9,500.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guideline section 15738, this does
not constitute a "project" within the meaning of CEQA and therefore, does not require an
environmental review.
EXHIBITS:
1. Resolution No. 2009-247
2. Professional Services Agreement between the City of Carlsbad and JMG Inc.
1 RESOLUTION NO. 2009-247
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AGREEMENT
3 FOR PURCHASE, INSTALLATION, AND MAINTENANCE
4 OF SAFETY CENTER ACCESS CONTROL SYSTEM
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WHEREAS, the City of Carlsbad has determined the need to implement the
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Safety Center Access Control system; and
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WHEREAS, the City of Carlsbad released a Request for Proposals and received8
vendors' responses that were evaluated by the selection team; and
WHEREAS, after careful review and evaluation of the responses, the selection
11 team now recommends JMG Inc. for the purchase, installation and maintenance of the
12 Safety Center Access Control system; and
13 WHEREAS, JMG Inc. possesses the necessary skills and qualifications to
14 provide services required by the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
19 2. That the Agreement with JMG Inc. a copy of which is attached hereto, is
20 hereby approved and the Mayor is authorized to execute the agreement on
21 behalf of the City.
22 3. That the fees and compensation for the purchase, installation and five
23 years of maintenance for the Safety Center Access Control system and
24
related services shall not exceed $135,040 as further described in the
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Agreement between the City of Carlsbad and JMG Inc.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 6th day of October. 2009, by the following vote to wit:
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AYES: Council Members Kulchin, Hall, Packard and Blackburn.
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5 NOES: None.
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7 ABSENT: Council Member Lewis.
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11 CLAUDE A LEWIS, Mayor
12 ATTEST:
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/LORRAINE M. WOOD, City Clerk
16 ^ ' (SEAL)\
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AGREEMENT FOR SAFETY CENTER ACCESS CONTROL SERVICES
JMG SECURITY, INC.
THIS AGREEMENT is made and entered into as of the " *-- day of
gCCfrfl-fcix 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.
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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. STATUS OF CONTRACTOR
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
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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-:VH". OR
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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 omissions 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.
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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 leaner equipment if necessary.
(c) Contractor will respond to all service calls within 4 hours of receiving
notice of any system malfunction or failure.
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(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 leaner 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.
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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
For Contractor:
Name Mike Tremblav
Title Senior Agent
Address 2560 Orion Way
Address 7297 Ronson Rd. #A
San Diego, CA 92121
Phone No. 858-900-4564 x 316
Carlsbad, CA 92010
Phone No. 760-931-2176
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
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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.
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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.
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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.
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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.
Contractor
(sign here)
(print name/ title)
(sign here)
ce 5ILUA
(print name/ title)
JM6 SECURITY SYSTEMS. INC.
17150 Ncwhope Street
Suite 109
Fountain Valley. CA 92708
CITY OF CARLSBAD, a municipal
corporation of the State of California
ayor
ATTEST:
e-
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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. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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;
Assistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES - INSTALLATION
Section 1: Equipment and Services List
EQUIPMENT
HID ACCESS CARDS
All Low Voltage Date Cable/Conduit Included
Pelco DX8 1 24- 1 500A DVR
Pelco KBD300A Keyboard/Joystick
Pelco KBD Extension Kit
New Electronic Door Hardware
AMAG MN-NIC-3 Network Interface Module
AMAG M2100-16RDR-P-KIT
AMAG M2100-8RDR-P-KIT
AMAG M2100-4RDR-P-KIT
AMAG MN-TRANS-75-UL. UL Listed
AMAG MN I/O Board
AMAG WIM8 Modules
NVT 214A-M Transmitters
Internal Door Release Configuration for Doors
1/2/3/18
Connection to Electronic Door Hardware
New Mounting Plates for Gate Pedestal Mounts
Removal of Existing Video Recorder and Old
Monitors
JMG LABOR, SET UP, PROGRAMMING, PM
VIKING C200A Phone Interface Module
VIKING E-50-SS-EWP
VIKING EW 3X5
VIKING RC-3
Altronix AL400ULX Power Supply
Single Door Contacts
Double Door Contacts
DS 1 50 Egress Motion Sensors
HID RK40 Keypad/Proximity Card Readers
HID RIO iClass Proximity Card Readers
ORION FLAT SCREEN VIDEO MONITOR 32"
LCD 32" television monitor
AMAG Symmetry PRO Licenses 56 Readers
AMAG Symmetry PRO Client Licenses
AMAG Symmetry PRO Threat Management
AMAG Symmetry PRO Data-Connect
AMAG Symmetry PRO Video Management Module
AMAG Symmetry PRO Maintenance - 5 years
Installation of camera in eMug holding cell
DESCRIPTION
ACCESS CARDS
MATERIAL
DIGITAL VIDEO RECORDER
PTZ JOYSTICK CONTROLLER
JOYSTICK EXTENSION KIT
AMAG NETWORK INTERFACE MODULE
INCLUDES: 20K-DBU/8 READER CONTROLLER
(2)
INCLUDES: 20K-DBU/8 READER CONTROLLER
(1)
INCLUDES: 20K-DBU/4 READER CONTROLLER
(1)
TRANSFORMER FOR POWER
INTEFACE MODULE FOR AUX DEVICES
WIEGAND INTERFACE FOR HID READERS
TWISTED PAIR TRANSMITTERS
LABOR & MATERIAL
LABOR
LABOR & MISC. MATERIAL
LABOR
PHONE INTERFACE MODULE
VIDEO INTERCOM
VIDEO INTERCOM ENCLOSURE
RELEASE MODULE FOR DOOR/GATE
ELECTRONIC POWER SUPPLIES FOR DOOR
LOCKS
SENTROL EMBEDDED CONTACTS
SENTROL EMBEDDED CONTACTS
EGRESS SENSORS FOR SYSTEM INTEGRATION
HID KEYPAD/PROXIMITY READER
HID PROXIMITY READER
MONITOR W/ 2 MOUNTS
TELEVISION
INITIAL AMAG SOFTWARE 56 DOOR CAPACITY
AMAG CLIENT SOFTWARE
SOFTWARE
SOFTWARE
SOFTWARE
SOFTWARE
LABOR and Pelco ICS1 1 1CV9 vandal-resistant camera
QTY
500
Lot
1
1
1
10
1
1
1
1
3
2
3
10
11
1
5
5
1
3
27
2
8
6
21
1
1
1
1
1
1
1
1
1
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Contractor will provide all necessary equipment and services for the turn-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. Level 1 - 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. Level 4 - 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.
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14
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. Level 6 - Specified locations will have electronic sensors
1. Ability to determine if door is unsecure
G. Level 7 -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
1
2
3
4
5
6
8A
8B
9A
9B
10
11
12
13
16
17
18
A
B
C
D
G
Description
Northwest exterior door to Police Lobby
Southwest interior from lobby to second floor stairwell
East interior door from lobby to general operations area
North interior door from lobby to building's interior atrium
East interior door from general operations area to records area
East interior door from general operation to property & evidence
East exterior door from carport to holding facility
East exterior door from holding facility to carport
West interior door from general operations to holding facility
West interior door from holding facility to general operations
East exterior door from general operations to patrol parking area
North exterior double doors from general operations to employee
parking area
East interior door from general operations to narcotics division
West interior door investigations division to narcotics division
North vehicle entry gate to employee lot
South vehicle entry gate to patrol lot
Southwest interior from lobby to second floor elevator
North interior door from dispatch center to computer room
North interior door from dispatch center to phone room
West double wooden door from conference center to police lobby
West interior door from police lobby to records area
North interior door from general operations to crime lab
Level
1
2
2
2
4
4
4
4
4
4
1
1
4
4
1
1
3
7
4
4
4
4
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City Attorney Approved Version #05.06.08
H
Fl
F2
F3
K
7
Jl
Jl
Jl
Jl
J2
J3
J4
28
West interior door from general operations to fingerprint lab
West exterior entrance door to police lobby
West exterior entrance door to police lobby
West exterior entrance door to police lobby
North exterior emergency exit door from hallway adjacent to
detention area
East interior door from atrium to dispatch center
South exterior entrance door to Conference Center (second door
from the west)
South exterior entrance door to Conference Center (third door from
the west)
South exterior entrance door to Conference Center (forth door from
the west)
South exterior entrance door to Conference Center (west door only)
East exterior door from Conference Center hallway
South exterior door from conference room #3
East interior door from Conference Center hallway to TAC office
Interior door from Conference room #1 into the Audio Visual room
4
5
5
5
6
4
5
5
5
4
6
6
4
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.
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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.
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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 GUI 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
Taskl: 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. llOv 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 (1st floor), and three (3) quad outlets at secondary control location (2nd
floor).
2. llOv 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.
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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.
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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 leaner 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 leaner 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.
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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.
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