Loading...
HomeMy WebLinkAboutAgenda Report - July 6, 2016 C-15TM AGENDA ITEM C CITY OF LODI COUNCIL COMMUNICATION .Ib AGENDA TITLE: Adopt Resolution Authorizing City Manager to Accept Funding Allocation from California Office of Emergency Services, Approve Expenditures and Appropriate Funds ($364,000) MEETING DATE: July 6, 2016 PREPARED BY: Chief of Police RECOMMENDED ACTION: Adopt resolution authorizing City Manager to accept funding allocation from California Office of Emergency Services, approve expenditures and appropriate funds in the amount of $364,000. BACKGROUND INFORMATION: The State of California, California 9-1-1 Emergency Communications Office administers a five-year funding allocation cycle for telecommunications equipment funding. The funding is awarded every five years to recognized Public Safety Answering Points (PSAPs). The Lodi Police Department last received funding in 2010 to upgrade existing dispatch communications equipment. In order to provide funding in an equitable manner throughout the State, the CA 9-1-1 Branch established a Customer Premise Equipment (CPE) funding fixed allotment calculation that is based on each PSAP's volume of 9-1-1 calls. The CPE funding level for the City of Lodi falls under Funding Level Four — an agency that answers up to 15,000 calls per month. The CPE funding fixed allotment for each PSAP allows for the replacement of a complete 9-1-1 system or certified upgrade. On April 19, 2016, the Lodi Police Department received notification of eligibility for the current five-year allocation of $364,000. After a thorough review of the dispatch equipment, it was determined that the Communications Center must replace 13 -year-old dispatch console work stations, headsets, the existing 9-1-1 logging recorder software and hardware system and a 9-1-1 phone line upgrade. Existing dispatch consoles will be replaced under a separate contract through Motorola that was approved by Council on June 15, 2016. The State of California offers a Master Purchase Agreement (MPA) for statewide 9-1-1 CPE Systems and Services. The MPA offers competitive pricing for equipment and services for CPE system replacement or certified upgrade. Through use of the MPA, the department obtained quotes for the following system purchases: Vendor Items Cost Capture Technologies, Inc Capture software, hardware and Licensing (9-1-1 call logging and recording system) $25,355.24 AT&T 5 position VESTA (9-1-1 phone line upgrade) $197,260 Evans Workstation Replacement $112,497.56 TBD Miscellaneous software and equipment $28,887.20 APPROVED: Steffi'' Schwabauer, City Manager Adopt Resolution Authorizing City Manager to Accept Funding Allocation from California Office of Emergency Services, Approve Expenditures and Appropriate Funds ($364,000) July 6, 2016 Page Two By using the MPA, the benefits to the department are two -fold. First, vendor pricing is competitively bid under the MPA, which eliminates the need to obtain multiple bids for each project. Second, the MPA offers direct funding by the CA 9-1-1 Branch to the contractor. If the department chose to secure quotes through the City procurement processes, the City would need to pay the contractor directly and request reimbursement from the CA 9-1-1 Branch. The Lodi Municipal Code allows for dispensing of bids when it is in the best interest of the City to do so. Utilizing leveraged purchasing contracts through the MPA also streamlines the procurement process. Staff requests Council authorize the City Manager to accept the funding allocation in the amount of $364,000 from the California Office of Emergency Services and approve expenditures related to the Communications Center project. FISCAL IMPACT: Receiving the grant results in upgraded 9-1-1 communications and dispatch software and equipment at no cost to the General Fund. . FUNDING AVAILABLE: California Office of Emergency Services grant funds will be used to pay for the upgrades. Jordan Ayers T Deputy City Manager/Internal Service Director V4/41/24 od Patters Chief of Police Prepared by: Paula O'Keefe, Management Analyst TBP/PJO Attachments EDMUND G. BROWN JR. MARK S. GHILARDUCCI GOVERNOR 1111.11 Cal OES GOVERNOR'S OFFICE OF EMERGENCY SERVICES April 19, 2016 Tracking Number: 19560 Lieutenant Sierra Brucia Lodi Police Department 215 W. Elm Street Lodi, CA 95240 Subject: Customer Premise Equipment (CPE) Fixed Allotment Funding Dear Lieutenant Brucia: DIRECTOR The California 9-1-1 Emergency Communications Branch (CA 9-1-1 Branch) has received your April 18, 2016 Advance Notification for CPE Funding letter of intent to replace the 9-1-1 telephone system at your Public Safety Answering Point (PSAP). Acceptance of CPE Allotment funds from the CA 9-1-1 Branch commits your agency to PSAP operations 24 hours -a -day, seven days -a -week, for a minimum of five years. If PSAP operations are not maintained at that level, the Lodi Police Department may become financially responsible for all subsequent CPE maintenance and 9-1-1 network service charges. Our evaluation of recent 9-1-1 emergency call volume qualifies the PSAP for a Fixed Allotment in the amount of $364,000. The Fixed Allotment funding will expire June 30, 2017 if your CPE approval process has not been initiated. Years six (6) and seven (7) of extended maintenance will not be deducted from your Fixed Allotment. Extended maintenance cost in year eight (8) and beyond is the PSAPs responsibility. The CA 9-1-1 Branch has implemented a non -mandatory Master Purchase Agreement (MPA) that enables participating vendors to invoice the CA 9-1-1 Branch directly for the purchase of 9-1-1 systems and services. User instructions for the MPA are available at: http ://www. calo es. ca. gov/for-governments-tribal/public-safety/ca-9-1 -1-emergency- communications-branch/ca-9-1-1 -services-contracts Please contact me directly with any questions at kvle.pease(aicaloes.ca.gov or (916) 657-9145. Sincerely, KYLE S. PEASE 9-1-1 Consultant California 9-1-1 Emergency Communications Branch cc: Tod Patterson, Chief of Police — Lodi Police Department 601 SEQUOIA PACIFIC BLVD, SACRAMENTO, CA 95811 PUBLIC SAFETY COMMUNICATIONS (916) 657-9369 TELEPHONE (916) 657-9882 FAX atsa Quote Summary DATE 6/13/2016 Lodi Police Department VESTA Call Handling Account Manager Kent Ames AIRBUS Phone (530) 621-6986 5 Position VESTA® KentAmes@att.com Tax Rate 8.000% 5 Position VESTA® Equipment Taxable Equipment Tax Installation Subtotal $1,304.67 x 48 Months Maintenance Years 2-5 Year 1 included with system SYSTEM TOTAL This Quote Valid until 10/11/2016 $119,988.73 $90,586.66 $7,246.93 $7,400.00 $134,635.66 $62,624.34 $197,260.00 Considerations: Revision History 1 Solution VESTA Original 11/11/2015 2 Number of IWS positions 5 removed MIS 3/24/2016 3 Laptop Position None Removed recorder 3/29/2016 4 Number of Admin Phones 0 Update 5/31/2016 5 Update 6/7/2016 Lines 5 Up to 8 911 17 up to 20 Admin 6 MIS Package Included? No 7 Mapping Included? No 8 Voice Recorder Included? No 9 Standalone Client Workstations? No 10 Provider of Monitors AT&T; 24" LCD 11 Provider of UPS AT&T 12 Arbitrators? Yes- 4 Port 13 Genovation Keypads? Yes; 48 Button 14 NetClock Included 15 Vendor Services 16 17 18 19 Other Dispatcher Training Admin Training Cutover Coaching 20 Analytics Admin Training 21 Analytics Remote Training Yes- 4 Ports. 1 Port for 911 system 3 additional for customer use Included Redundant workstation NIC , Redundant Power and Network for Gateways VESTA® Agent bundle includes (3) 1/2 day class of Agent training for up to 8 students VESTA Admin bundle includes (1) day and one half day class of Admin training for up to 8 students Cutover Coaching includes (1) 8 hour session within a 24 hour day None None TECHNOLOGIES An Employee -Owned Company Capture Technologies, Inc. 3575 Alameda Ave, Oakland, CA 94601 t. 800.544.5050 f. 510.534.0202 Sold To Lodi Police Department 215 W Elm Street Lodi, ca 95240 Phone 209-333-5522 Fax Terms Net 30 Ship To Lodi Police Department 215 W Elm Street Lodi, ca 95240 Phone 209-333-5522 Fax FOB Shipping Included in final price below. (1) New VERINT 16 Licensed Channels ANALOG Recording Turnkey Server -To be installed by Capture Technologies Certified Technicians. Including all Software & Licensing requested. Installation & Training Services Included for ONE location. Complete 61 month Warranty & Onsite Support & Technical Support Included. 24/7 CMAS STATE # 3-08-70-1799C CAGE # 044F9 DUNS # 00-923-9815 TIN # 94-26-60822 E Part # C89-170-3431 Number Date CMAS# QUOTE CAPQ2506 Apr 25, 2016 3-08-70-1799C Account Executive Peter Vienna 3575 Alameda Ave Oakland, CA 94601 pvienna@capturet.com Phone 510.500.1409 Fax 510.485.5409 Valid Till Total $25,355.24 Product Included Services Included Tax Included S&H Included Description 6000 Series Analog Cost Effective Base Server -SMB TURNKEY Hardware & Software Recording system 2U Rack Mounted Server- 19 Inch x 28 Inch --65 lbs **INCLUDES 8 free Channel Licenses + INCLUDES one 24 Port Analog Recording Card--** CPU: Intel Xeon E5-2603 @ 1.6GHz, w/ 6 cores -RAM: 4GB Embedded SATA RAID Controller - RAID1 (2) x 1TB SATA HDDs Hot Swap Dual Power Supplies Hot Swap Windows 2012 + SQL Express 2012 + Version 5.x VMS recording software C89-170-3378 8 Recording Channels License ADD on expansion C89-170-4734 Contact Closure Card (PCI -e) -Start & Stop of 911 Position Recording RN21241D-200NES 4TB(D) - NETGEAR BUSINESS CLASS Netgear ReadyNAS 2120 1U 4 -Bay 4x1TB Desktop Drive MSS Disaster Recovery Kit For VERINT Call recording system: Spare HDD mirror. Qty 1 1 1 1 1 Page 1 of 2 1 of 2 Part # CNVL-8x5P Description Onsite Installation and Configuration Services offered by Certified Trained Technicians -Capture Technologies (61 Month) Term Warranty -Complete Hardware Warranty Support Onsite & Phone or remote support technical Services. 24/7 Includes Logic Monitor (remote monitoring) C89-170-3312 (61 Month) Term SMA Warranty -Manufacture SMA for hot fix + Patches+ Updates to VMS Recording Software and Licensing versions- INST24T PRO SERVICES & SUPPORT Capture Technologies Project Management & Certified Local Installation Onsite. (One location Installed) Included Onsite Training performed by Certified Installing Engineer (per site up to 24 Audiolog seats) Qty 1 1 1 1 To accept this quotation and purchasing T&C's, sign here and return Signature Thank You For Your Business! Date Page 2 of 2 2 of 2 9001 www.evansonline.com Ir E\/ANS PROPRrMY 5TAThMENr THIS DRAMGO AND DESIGN ME THE PROPERTY OF NNIS CONSOLE AND MAST NOT BE USED OR PB.WDUCED=HOLM THE COMPANY'S WRITTEN PERMISSION CIIENiwT0RNATllN FOR PRODUCTION SWATUREI DATE CLIENTI PROJECT LODI PD LOCATION. LODI. CALIFORNIA. CRANING ROOM LAYOUT - 3DVIEW KWIC! FINIS! DATE KAY 4,213113 SCALE Nati° SCALP DRONING NUMBER 1 OF 8 REV B EVANS PROJECT NUMBER 16-5628 is c Ev/‘Ns PRICE QUOTATION Lodi Police Department Project Name: Lodi Police Department - Lodi Police Department Communication Center Project Location: Lodi, California, United States Project Number: 16-5628 Phase 1 Revision 1 Issue Date: May 26, 2016 Products Code Unit Price Qty Extended Price Console DSP -C 14,522.89 6 87,137.34 Millwork and General Accessories 3,356.22 Sub -Total 90,493.56 Logistics Packaging Included Freight 10,904.00 Install 11,100.00 Sub -Total 22,004.00 Project Total (USD, All Sales Taxes Excluded) 112,497.56 Note: Products on CMAS Schedule are marked as 'C'. Items without a 'C' are open market items. CMAS Contract No: 4-05-71-0078A; Effective until September 30, 2017. Freight INCO Terms: FOB Origin to Lodi, California, United States Payment Terms: 100% due upon Shipment of Work, NET 45, 2% NET 15 Quote is NOT valid without the Evans Terms & Conditions document, Quote validity period is 90 days for product (only). See Evans Terms & Conditions document for more details Evans accepts all major credit cards subject to service fees P.O. #: Accepted by: ❑ Accept Evans Terms and Conditions Date: 450, 1577 Spring Hill Road 1 Vienna, VA 1 USA 22182 Phone: +1.403.291.4444 I Fax: +1.403.250.6549 1 Web: www.evansonline.com E\//\NS PROJECT DETAILS Shipment A Packaging Price Blanket Wrapped Included Frei:ht Shipment by Truck (LTL) to Lodi, California, United States Evans Offload Transit Time: 10 Da s Install Evans Installation * The client must identify and provide a POC (point of contact) responsible for decision making or whom will have access to a person of authority for the duration of the scheduled installation activity. The appointed POC must ensure that either he/she or the authorized representative will be available upon completion of the installation activity to sign off the Evans PCR (Project Completion Report) * Failure to provide such a contact assumes the activity as reported has been accepted. ** AcclImPS that Site nrenarednecc hac been met in arrnrdanre with the attarhpd rnntrart tprmc and ronditinns 10,904.00 11,100.00 16-5628 Phase 1 Revision 1 - Lodi Police Department - Lodi Police Department Communication Center EvnNS BILL OF MATERIALS Console Dispatch - Qty: 6 1Part Number Description Units Unit Price IOW (Extended Price PRODUCT STRUCTURE 1 CO -PF -HPL High Pressure Laminate panel finish Each Included 1 Included 2 CO -SW -S -2T Double Tier Slatwall system Feet 240.83 C 11 2,649.13 3 CO-WLS-LC-HD-2 Two heavy duty Lift Columns with control equipment; Main Platform; Includes worksurface support cage Each 1,550.36 C 1 1,550.36 4 CO-WLS-LC-LD-2 Two light duty Lift Columns with control equipment; Input Platform option; Includes integrated pressure safety switch Each 723.33 C 1 723.33 5 CO-WLS-SLS Base cavity safety limit system (SLS) (per module; Each 250.87 C 3 752.61 6 CO -WS HPL Worksurface with PVC Front Edge Feet 129.61 C 11 1,425.71 7 CO-WS-UFE Upgrade Worksurface Front Edge to Soft Urethane Feet 52.68 C 7.5 395.10 8 CSTM-CO-SW- Lodi Police Logo imprint on the end panel of Slatwal Each 150.00 2 300.00 9 DSP -FD -B Base Full Depth Console Feet 430.66 C 3 1,291.98 10 DSP -FD -EP -CO Full Depth Contemporary style end panel Each 386.34 C 2 772.68 11 DSP -FD -MK Full Depth Mitre kit (0° to 45°) Each 331.98 C 2 663.96 12 DSP -RD -B Base Reduced Depth Console Feet 388.01 C 4 1,552.04 EQUIPMENT/ACCESSORIES 13 CO-ESS-BSOS Base Slide -Out Shelf Each 193.17 C 2 386.34 14 CO -MA -E -SW -DT Slatwall mounted Double Tier Monitor Arm by Evans (max 40 lbs. (18.1 kg) per arm) Each 397.21 C 2 794.42 15 CO -MA -E -SW -ST Slatwall mounted Single Tier Monitor Arm by Evans (max 40 lbs. (18.1 kg) per arm) Each 304.39 C 1 304.39 16 CO -PB -NA -6-15 North America Power Bar with mounting bracket; 120V/15A, 6 outlets, 15' power cord, CSA/UL Each 96.17 C 1 96.17 17 CO -PB -NA -6-6 North America Power Bar with mounting bracket; 120V/15A, 6 outlets, 6' power cord, CSA/UL Each 82.79 C 3 248.37 18 CO -PDO -SW -AZ Axil Z Slatwall Power Unit; 2 AC, 1 USB, 1 Cat6, black Each 213.24 C 2 426.48 19 CO-TL-SW-ZB Z -Bar task light by Koncept with Slatwall mouni Each 189.82 C 1 189.82 Standing Height Printer Stand Millwork - Qty: 1 Part Number (Description (Units Unit Price lQty (Extended Price PRODUCT STRUCTURE 20 CO -PF -HPL High Pressure Laminate panel finish Each Included 1 Included 21 CO -WS HPL Worksurface with PVC Front Edge Feet 129.61 C 4 518.44 22 CO-WS-UFE Upgrade Worksurface Front Edge to Soft Urethane Feet 52.68 C 8.5 447.78 23 CSTM-MLW-MB-24 Standing Height 24" (610mm) Millwork Base - Open Adjustable Bookshelf Each 1,195.00 2 2,390.00 16-5628 Phase 1 Revision 1- Lodi Police Department - Lodi Police Department Communication Center r Ev/\Ns TERMS AND CONDITIONS The following standard terms and conditions apply to the attached quotation (the "Quotation"), unless expressly stated otherwise in the Quotation provided by Evans Consoles Corporation and/ or Evans Consoles Incorporated (collectively, "Evans") to the purchaser (the "Buyer") of the products and/or services (the "Work"). 1.0 Quotation 1.1 Unless otherwise stated, the Quotation prices are valid for ninety (90) days and freight and installation prices are valid for thirty (30) days from the date of the Quotation. 1.2 The prices in the Quotation are valid for Work shipped or completed within twelve (12) months from the date of the confirmed order (the "Purchase Order"). Evans reserves the right to revise or adjust pricing, in their sole discretion, on orders not shipped or completed within the twelve (12) month period. Requests to defer the installation service beyond six (6) months from product shipment are subject to a revised installation Quotation. 2.0 Price and Payment 2.1 Except as otherwise agreed in writing by the parties, the prices of the Work shall be paid as per the following payment terms: • Thirty percent (30%) net thirty (30) due upon Sign Off, as herein defined, two percent (2%) net fifteen (15); • Sixty percent (60%) net thirty (30) upon shipment of Work, two percent (2%) net fifteen (15); • Ten percent (10%) net thirty (30) after installation of Work, two percent (2%) net fifteen (15); and • One point 5 percent (1.5%) late payment penalty shall be applied per calendar month per payment if payment not received within 30 days of invoice issuance. 2.2 For Purchase Orders which require the Work to be shipped and or installed outside of Canada or the United States, credit approval from a third party agency previously approved by Evans must be obtained and provided in a form satisfactory to Evans in their sole discretion. Payment must be provided through an irrevocable letter of credit (the "ILC"). The terms of the ILC shall be: • The ILC shall be in the English language and all supporting or related documents requiring execution shall also be in English; • The ILC shall be drawn on the Bank of Montreal or an affiliated bank in the currency stated in the Quotation; • The expiry of the ILC must extend at least six (6) months past the installation or shipping date set out in the Quotation, whichever is later; and • All documents requiring execution relating to the ILC must be within the control of Evans or produced by Evans, such as the bill of lading, commercial invoice, certificate of origin, statement of compliance to product specification. 2.3 The Quotation price includes all transportation, carriage and insurance from Evans' manufacturing facility to the designated place for delivery specified in the Quotation. 2.4 Any specific or extra shipping or insurance requirements of the Buyer must be disclosed prior to the issuance of the Purchase Order, and may result in an amendment to the Quotation to consider any additional costs incurred. 2.5 Unless stated otherwise, sales taxes are not included in the Quotation price. For shipments within the United States or Canada Evans is required by law to collect the appropriate provincial, state and municipal State sales and use taxes at the time of invoice, for the products supplied. Evans will require a certificate of tax exemption prior to the time of invoicing if applicable to this procurement. For shipments outside of the United States or Canada, payment of importation fees and customs clearance, duties, sales taxes or any other taxes at the shipping destination are the sole responsibility of the Buyer. 3.0 Scheduling 3.1 Evans will not begin the procurement of materials for the Work, or fabrication until the Buyer has paid the payment set out in 2.1.1., and provided acceptance of the signed off drawings, in writing, authorizing Evans to proceed with fabrication of the Work. This milestone is referred to as the "Sign Off". 3.2 Evans will establish a formal project schedule, based on dates mutually agreeable to the Buyer and Evans, to ensure a timely delivery the Work after receipt of the Purchase Order and Sign Off. The project size, scope and shipping destination will affect the project schedule. 4.0 Packing 4.1 For shipments to the United States or Canada, the Quotation includes packaging suitable for dedicated air -ride moving van shipment. Components such as panels, work surfaces and baseboards may be packaged separately. The console framework will be segmented into convenient lengths for handling. 4.2 At the Buyer's request, Evans can supply rugged crating for general freight, ocean freight, air freight or less than truckload (LTL) shipment at an additional charge. All projects requiring crating will be quoted and furnished with Evans standard frame crates (plywood on bottom only) unless noted otherwise. If alternate crating requirements are requested after the Purchase Order has been issued, Evans will provide a revised Quotation or change order for any additional services. 5.0 Shipment and Storage 5.1 The shipping price is valid only for the shipment of the Work described in the Quotation, based upon single shipping activity unless noted otherwise. If the Buyer requests additional shipments, expedited shipments or off-site storage of the products, Evans will provide a revised Quotation or change order for the additional services. 5.2 Evans follows the international trade terms under INCOTERMS 2010. 5.3 When Evans is responsible for shipping the Work, unless otherwise stated, the shipping terms shall be CIP (carriage, insurance paid to) named destination point. Title and risk shall pass to the Buyer when the Work delivered to the carrier by. 5.4 If damage occurs during shipment, these damages must be identified and Evans notified within forty-eight (48) hours of delivery. In the case of an ocean shipment, the damaged goods must be set aside for a formal marine survey and it must be noted whether or not the container's seal was intact upon arrival at the destination. The surveyor shall determine where the damages occurred and assign liability to the appropriate party. The carrier has the right to take physical possession of the Work against which damages are being claimed. If the carrier is assessed a financial sum for the damaged product, they have the right to sell the damaged Work for salvage. 5.5 For deliveries within the United States or Canada a single offloading activity is included in the Quotation. The Quotation is based upon clean and clear access from the point of unloading to the room of rest. For international deliveries, container unloading is not included in the Quotation. 5.6 If the Buyer is responsible for shipping the Work, the shipping term will be ex works (named place of delivery) as defined in Incoterms 2010. Evans will place the Work on Evans' loading dock, suitably packaged for export shipment. The Buyer shall communicate to Evans the method of transport to ensure the packaging is appropriate, subject to the shipping provisions contained herein. Title passes to the Buyer when the Work is removed from Evans' dock and the Buyer or their representative carrier, signs the bill of lading. The Buyer is responsible for damages during loading, transport or off-loading. 5.7 The Work is designed for indoor control room environments with temperature and humidity control. Evans requires, in circumstances where any Work is to be stored by Buyer, that Work, including the Work contained in crates or shipping materials, be housed in indoor warehouse conditions maintaining a constant temperature range between fifteen to twenty-five (15 to 25) degrees Celsius or sixty to seventy (60-75) degrees Fahrenheit and between forty-five to fifty- five percent (45 to 55%) humidity range. Adequate temperature control and ventilation must be provided during storage and handling to protect the Work from extreme climate fluctuations. Evans will not replace under warranty, nor will it be deemed a breach of any representation or warranty regarding the quality of the Work, any Work damaged by improper or negligent storage conditions, or conditions which do not meet the standards outlined herein at the sole discretion of Evans. 6.0 Site Preparation and Installation 6.1 The Buyer shall make the destination and/ or project site (the "Site") clean, clear, and prepared for the installation or delivery of the Work upon the agreed delivery date. For installation, all flooring, carpeting, walls, painting, and electrical construction that could in any way effect or impact the installation of the Work must be complete. 6.2 The Buyer shall appoint a representative who will be available at the Site to direct Evans installation team regarding security, site safety and Work placement. 6.3 The price for the installation of the Work contained in the Quotation is firm and fixed for a single installation visit for the Work at a non-union Site for affiliated furniture systems installers. If the Buyer requests union labor for off-loading or installation after a Purchase Order has been accepted, all additional costs will be the responsibility of the Buyer. Unless otherwise agreed, the installation price contained in the Quotation is based upon a single installation of the Work during weekday, regular work hours. Evening or weekend installation activities may be subject to additional charges to the Buyer. 6.4 Multiple installation activities, additional time required for unscheduled safety training sessions or drug testing, Work requiring relocation by Evans at the Site or general delays caused by Site conditions not being prepared for the Work will be an additional charge to the Buyer. 6.5 All installations of the Work must be performed by an authorized Evans Representative or an Evans' certified dealer (collectively the "Installer"). For Purchase Orders made excluding installation services, it is understood that Evans products are customized and do not come with installation or assembly manuals. If the Buyer wishes to purchase the Work contained herein without installation services provided by Evans, they shall execute an installation waiver in favor of Evans. If the Buyer is a dealer not certified by Evans to act as an Installer, the Buyer is required to use an Installer. 7.0 Changes 7.1 The parties may, by written or electronic notification, request changes to the drawings, designs, specifications, method of shipment or packing, quantity, or time or place of delivery of the Work, reschedule the installation, or require additional or diminished Work (the "Changes"). 7.2 All Changes requested must be agreed to in writing by both parties, otherwise they are unenforceable. Only an authorized representative of Evans may issue Changes to the Purchase Order. If any Change causes an increase or decrease in the price of, or the time required for, performing the Purchase Order, an equitable adjustment will be made in the Purchase Order price, delivery dates or both, and Evans will provide a revised Quotation or change order for the adjustment. 8.0 Buyer Acceptance 8.1 Upon completion of the installation, the Buyer shall arrange for a representative to receive a product demonstration and training on the operation and maintenance of the installed Work. 8.2 Upon completion of the installation of the Work, a report will produced by the Installer and will be executed by the Buyer's representative signifying acceptance of the installed Work subject to the resolution of any damaged or deficient items. If the installation is not substantially completed, the final acceptance will be delayed until the resolution of all identified deficient or damaged items is complete. Signed acceptance including a punch list of any noted deficiencies and/or damages must be reported back to Evans corporate office with 48 hours of installation completion. All Installers must provide a signed acceptance from the Buyer to Evans. 9.0 Evans Warranty 9.1 Unless otherwise stated in the Quotation, Evans warrants that all the Work will be free from defects in materials and workmanship from the date of purchase. Terms of the warranty are as follows: • LIFETIME WARRANTY on all fixed structural frame components; • LIFETIME WARRANTY on all static exterior panels and work surface components parts; with 5 years for labor; • LIFETIME WARRANTY on all adjustable, sliding or hinged mechanisms or parts; with 5 years for labor; • OEM (original equipment manufacturer) warranty on all buyouts, and 5 years on all Evans branded E -accessory products (unless specifically defined by product line); • 5 YEAR WARRANTY on electrical actuated lift columns; • 3 YEAR PRODUCT WARRANTY on Evans' PowerLinc'" system; and • 3 YEAR PRODUCT WARRANTY on Evans' EnviroLinc'"' system. 9.2 The warranty period will begin on the date the Work receives final acceptance from the Buyer at the Site. Notification of any defect or failure must be delivered in writing to Evans within the applicable warranty period. In the event that a written notice of a warranty claim is not delivered to Evans prior to the expiration of the relevant warranty period, Evans shall not be obligated to provide any warranty to the Work. 9.3 At Evans option, products will be repaired at the Site or, if deemed necessary, will be returned to Evans, with Evans being responsible for shipping and handling charges and insuring the shipment. Evans will return the repaired or replacement products to the Buyer via prepaid freight. If Evans does not accept a notice of defect or failure based on their sole discretion that the defect or failure was caused by causes or situations outlined in section 9.5 below, the decision is binding and final upon the Buyer. 9.4 The warranty periods shall not be extended or modified due to any warranty claims, repairs or replacements made under this section 9. 9.5 This warranty does not cover damage due to external causes, including accident, abuse, problems with electrical power, improper application and misuse, installation by parties other than Installers, alterations, improper storage, servicing unauthorized by Evans, neglect, problems caused by the use of parts and components not supplied by Evans, or the effects of normal wear and tear. 9.6 The warranty on Evans Urethane Ergonomic Waterfall Nosing is void and unenforceable if any ammonia based cleaners are used on the Work. 9.7 This warranty does not cover any consumable items such as, but not limited to, light bulbs, filters, and any third party software. 9.8 The provision of installation labor is at the sole discretion of Evans, and is excluded on all buy-out products that are not directly incorporated into the design/manufacture of Evans' custom - fabricated products. 9.9 Rights and benefits of this section 9 are given solely to the original Buyer of the Work and may not be transferred or assigned to a third party without the prior written consent of Evans. 10.0 Confidentiality 10.1 The Buyer agrees to maintain confidentiality with regard to secret, confidential, and proprietary information, as well as all trade secrets and intellectual property disclosed or developed by Evans in connection with the Work or the Purchase Order, and shall require the similar undertaking from any employees, subcontractors, representatives or agents. Any drawings, plans and data, furnished by Evans to the Buyer and all related technical and commercial information that the Buyer may receive in the course of the Purchase Order and the Work, shall be confidential and shall not be used for any purpose other than performing this contract. Such confidential information shall not be reproduced or copied by the Buyer without Evans written consent and shall remain the sole property of Evans, even upon completion of the Work and Purchase Order. 11.0 Jurisdiction 11.1 All Purchase Orders entered by a Buyer residing primarily, or having head offices, in the United States, regardless of its place of negotiation, execution, or performance, shall be governed by and subject to the laws of the Commonwealth of Virginia and exclusive jurisdiction of the state courts of Fairfax County, Virginia and the United States District Court for the Eastern District of Virginia, Alexandria Division, as appropriate, shall have exclusive jurisdiction regarding any related disputes. 11.2 All Purchase Orders entered by a Buyer residing primarily, or having head offices, in Canada or any other country internationally, regardless of its place of negotiation, execution, or performance, shall be governed by and subject to the laws of the Province of Alberta and of Canada applicable therein, and exclusive jurisdiction of the courts of Calgary, Alberta, as appropriate, shall have exclusive jurisdiction regarding any related disputes. 12.0 Limitation of Liability 12.1 The parties agree to indemnify and hold harmless the other party from any and all claims for damage, loss, injury or expense, including reasonable attorney fees, to any property or persons, arising out of, or in any way incidental to the negligent performance of their respective obligations under the Purchase Order or by anyone for whom they are in law responsible. 12.2 Evans does not provide professional architectural, electrical engineering, mechanical engineering or structural engineering services. Evans shall be held harmless for such work based on design recommendations provided by the Buyer or Buyer's representatives during the course of the Purchase Order. 12.3 EVANS IS NOT LIABLE FOR ANY LIQUIDATED, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES FROM BUSINESS INTERRUPTION, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, OR LOSS OF USE OF ANY PROPERTY OR CAPITAL) EVEN IF ADVISED, OR OTHERWISE AWARE, OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE EXCLUSION OF SUCH DAMAGES IS INDEPENDENT OF, AND WILL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS AND CONDITIONS. IN NO EVENT SHALL EVANS' LIABILITY EXCEED THE VALUE OF THE PURCHASE ORDER. 13.0 Force Majeure 13.1 If, by reason of a force majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under the Purchase Order, then such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable period of time. Upon such notice, the obligations of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the event then claimed, and such party shall endeavor to remove or overcome such inability with all reasonable diligence. The term force majeure as employed herein, shall means acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, insurrection, riots, epidemics, landslides, lightning storms, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, or any other causes not reasonable within the control of the party claiming the force majeure. 13.2 Each party shall take all commercially reasonable steps to mitigate any loss or damages as a result of the force majeure. 13.3 The Buyer shall pay for the portion of the Work completed and/ or delivered up until the point of delay by force majeure. 14.0 Termination 14.1 If the Buyer is in material breach of the Purchase Order and fails to remedy the breach within 10 days of written notice of the breach, Evans may terminate this Purchase Order at their sole discretion. If the material breach continues, Evans may terminate this Purchase Order and Buyer will be responsible for any costs incurred by Evans in their performance under the Purchase Order to the date of termination. 14.2 The solvent party may terminate this Purchase Order upon written notice if the other party commits an act of insolvency or the Buyer is unable to produce satisfactory evidence of solvency at the request of Evans. 15.0 Waiver 15.1 The failure of either party to enforce at any time any of the provisions of the Purchase Order will not be construed to be a continuing waiver of those provisions, nor will any such failure prejudice the right of the party to take any action in the future to enforce any provision. 16.0 Survival & Severability 16.1 All provisions of these terms and conditions which by their nature should apply beyond its term will remain in force after any termination or expiration of the Purchase Order, including but not limited to sections 9, 10, 11, 12, 15 and 17. 16.2 If any provision of these terms and conditions are held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision will be severed from these terms and conditions and the Purchase Order and the remaining provisions will remain in full force and effect. 17.0 TAXES AND DUTIES — ONLY APPLICABLE FOR U.S. ORDERS 17.1 Evans is required by US Federal law to provide a federal tax identification number on all shipments delivered within the United States of America. This information must be included in the Purchase Order prior to shipment of any Work. 17.2 Notwithstanding anything to the contrary contained in the Quotation, the Buyer and Evans acknowledge and agree that as of the date of the Quotation that no duties, levies, import charges or assessments are levied or assessed by the Government of the United States of America on the importation of the goods and services described in the Quotation into the United States of America and accordingly, the price does not include any duties, levies, import charges or assessments levied or imposed by the Government of the United States of America upon the importation of the goods or services described in the Quotation. Any such duties, levies, import charges or assessments as are levied or imposed at any time hereafter by the Government of the United States of America upon the importation into the United States of America of the Work shall be paid by in whole by the Buyer. If such duties, levies, import charges or assessments are paid by Evans, they shall be reimbursed by the Buyer to Evans upon invoice thereof. The price set forth in the Quotation for the Work includes all transportation, carriage and insurance from Evans' manufacturing facility in Calgary, Alberta, Canada to the designated place or places for delivery specified in the Quotation. rev. February 20, 2014 26'-O 1/2" w w N 4'-8" 1\3.. N RESOLUTION NO. 2016-61 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO APPLY FOR A FUNDING ALLOCATION ADMINISTERED BY THE CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR CAD CONSOLE WORKSTATIONS, A 911 SYSTEM UPGRADE, AND A 911 LOGGING SYSTEM UPGRADE WITH FIVE-YEAR MAINTENANCE SUBSCRIPTION WHEREAS, the State of California Office of Emergency Services (Cal OES), Califomia 9-1-1 Emergency Communications Office, administers the five-year grant cycle for telecommunications equipment funding; and WHEREAS, Customer Premise Equipment funding is available every five years to all recognized Public Safety Answering Points; and WHEREAS, the Lodi Police Department is eligible for the current Customer Premise Equipment five-year allocation and, if awarded, would use the funding to replace 13 -year old dispatch consoles (CAD), the existing 911 logging recorder software system, and a 911 phone line upgrade with a five-year maintenance subscription. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to apply for the funding allocation administered by Cal OES for the replacement of 13 -year old CAD console workstations, the existing 911 logging recorder software system, and a 911 telephone line upgrade with a five-year maintenance subscription in the amount of $364,000. Date: May 4, 2016 I hereby certify that Resolution No. 2016-61 was passed and adopted by the Lodi City Council in a regular meeting May 4, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ■ ► �• ern,-a.t �� NNIFE4 FERRAIOLO ity Clerk 2016-61 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM: 5. DATE: 4. DEPARTMENT/DIVISION: 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 216 21600000 56421 Revenue $ 364,000.00 B. USE OF FINANCING 216 21699000 77020 Capitol Projects $ 364,000.00 17. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. the California Office of Emergency Services has allotted the City of Lodi it's share of the 9-1-1 CPE funding allocation. The funding allocation is to be used for specific equipment related to 9-1-1 calls. If Council has authorized the appropriation adjustme &•mplete the following: Meeting Date: -Res No: Department Head Signature: / Attach copy of resolution to this form. 8. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2016-119 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING ALLOCATION FROM CALIFORNIA OFFICE OF EMERGENCY SERVICES, APPROVING EXPENDITURES, AND FURTHER APPROPRIATING FUNDS WHEREAS, the State of California, California 9-1-1 Emergency Communications Office administers a five-year funding allocation cycle for telecommunications equipment funding; and WHEREAS, the funding is awarded every five years to recognized Public Safety Answering Points (PSAPs); and WHEREAS, in order to provide funding in an equitable manner throughout the State, the CA 9-1-1 Branch established a Customer Premise Equipment (CPE) funding fixed allotment calculation that is based on each PSAP's volume of 9-1-1 calls; and WHEREAS, the City of Lodi falls under Funding Level Four — an agency that answers up to 15,000 calls per month; and WHEREAS, the CPE funding fixed allotment for each PSAP allows for the replacement of a complete 9-1-1 system or certified upgrade; and WHEREAS, on April 19, 2016, the Lodi Police Department received notification of eligibility for the current five-year allocation of $364,000; and WHEREAS, after a thorough review of the dispatch equipment, staff determined that the Communications Center must replace 13 -year old CAD console work stations, headsets, the existing 9-1-1 logging recorder software and hardware system and a 9-1-1 phone line upgrade; and WHEREAS, the State of California offers a Master Purchase Agreement (MPA) for statewide 9-1-1 CPE Systems and Services. The MPA offers competitive pricing for equipment and services for CPE system replacement or certified upgrade; and WHEREAS, the department determined the use of the MPA was beneficial to secure competitive pricing and allows a direct pay between the contractor and the CA 9-1-1 Branch to prevent the expense of general fund dollars; and, WHEREAS, the department secured bids for the following system purchases: Vendor Items Cost Capture Capture software, hardware and Licensing (9-1-1 Technologies, Inc call logging and recording system) $ 25,355.24 AT&T 5 position VESTA (9-1-1 phone line upgrade) $197,260.00 Evans Workstation Replacement $112,497.56 TBD Miscellaneous software and equipment $ 28,887.20 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to accept the funding allocation from the California Office of Emergency Services in the amount of $364,000; and BE IT FURTHER RESOLVED that the City Council hereby approves the expenditures for the Communications Center project as outlined above; and BE IT FURTHER RESOLVED that funds be appropriated as shown on the attached Appropriation Adjustment Request Form. Dated: July 6, 2016 I hereby certify that Resolution No. 2016-119 was passed and adopted by the Lodi City Council in a regular meeting held July 6, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2016-119 NNIFE ity Clerk FERRAIOLO 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM: 5. DATE: 4. DEPARTMENT/DIVISION: 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 216 21600000 56421 Revenue $ 364,000.00 B. USE OF FINANCING 216 21699000 77020 Capitol Projects $ 364,000.00 17. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. the California Office of Emergency Services has allotted the City of Lodi it's share of the 9-1-1 CPE funding allocation. The funding allocation is to be used for specific equipment related to 9-1-1 calls. If Council has authorized the appropriation adjustme &•mplete the following: Meeting Date: -Res No: Department Head Signature: / Attach copy of resolution to this form. 8. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format.