Loading...
HomeMy WebLinkAboutAgenda Report - August 17, 2022 C-08AGENDA ITEM coe &I;%k CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, for System Support and Maintenance Plan of Video Surveillance Program ($95,000) MEETING DATE: August 17, 2022 PREPARED BY: Information Techno ogy Manager RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Quest Media & Supplies, Inc., a California corporation, for system support and maintenance plan of video surveillance program. ($95,000). BACKGROUND INFORMATION: Implementing a modern video surveillance system will improve protection of City assets, which includes cash, infrastructure, and Staff The enhanced video resolution and coverage angles will improve identification of faces and vehicles. Digital video surveillance systems store all the footage from the cameras on a digital video recorder, giving a centralized management point for both City staff and Police, if necessary, to monitor and react in a timely manner. On October 4, 2017, Council adopted a resolution authorizing City Manager to execute Professional Service Agreement with Quest Media & Supplies, Inc., of Roseville, for the purchase and installation of video surveillance system and maintenance plan. The maintenance plan expires on August 31, 2022. Quest Media & Supplies, Inc. offered real-time network monitoring of the health of the video system. This service would help detect errors and failures of equipment and initiate a repair technician immediately. Quest Media & Supplies, Inc. will replace, repair, and maintain all endpoint devices during the life of the contract, as needed, barring intentional physical damage or misuse of the hardware. Quest Media & Supplies, Inc.'s real-time network monitoring helps ease the pressure of City staff from conducting regular testing and maintenance of the video surveillance system. Staff recommends authorizing City Manager to execute Professional Services Agreement with Quest Media & Supplies, Inc., of Roseville, for the renewal of the maintenance contract for five years. The service will be billed monthly at $1,494 for a total of $89,640. Plus include $5,000 for time and material services that may not be covered under the agreement for a total of $94,640. FISCAL IMPACT: Funding for .his project is included in the Fiscal Year 2022/23 budget. FUNDING AVAILABLE: The five-year maintenance of $89,640 will be funded from the following sources: APPROVED: Steve SchwabaUer Stephen Schwabauer, City Manager KAWMCOUNCID202MC Quest BB doc 8/9/2022 Adopt resolution authorizing City Manager to execute Professiona Services Agreement with Quest Media & Supplies, Inc., a California corporation, for system support and maintenance plan of video surveillance program ($9E,000). Page 2 Fund Percentage Account General Fund 37% 10020203.72499 Electric Ublit 44% 50060001.72499 Wastewater 8% 53503001.72499 Water 11% 56052001.72499 The $5,000 for time and material will be funded by Information Technology, 10020400.72450 AK/BB/tc Attachment Signature: A Email: bbuecher@lodi.gov Signature: Email: sschwabauer@lodi.gov Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director B.Buecher Benjamin Buecher Information Technology Manager Signature: Q't''r /lZ,'P, Email: akeys@lodi.gov KAWP\COUNCIL\2020\C Quest BB.doc 8/9/2022 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 20 by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Quest Media and Supply Inc., a California Corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for maintenance and support of video surveillance system, camera hardware, server and database including technical support as needed. The contract includes the addition of new cameras to the system as the City expands the surveillance program. (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on September 1, 2022 and terminates upon the completion of the Scope of Services or on August 31, 2027, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. C ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Benjamin Buecher To CONTRACTOR: QUEST MEDIA & SUPPLY 9000 FOOTHILL BLVD ROSEVILLE, CA 95747 ATTN: VLADIMIR PIVTORAK Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law Jurisdiction Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager QUEST MEDIA AND SUPPLY, INC. By: _ Name Title: VLADIMIR PIVTORAK Operations Manager, Infrastructure Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: Doc ID: CA:Rev.04.2022.LT (Business Unit & Account No.) 9 QLMMI Q TECHNOLOGY MANAGEMENT EXHIBIT City of Lodi Managed Services Renewal 160 Month QUOte # 016389 Version 1 City of Lodi Bill Dickens ry TECHNOLOGY MANAGEMENT Managed Services Summary Managed Services Summary • Monitor the up / down status of all endpoint devices included in the system. • Monitor the health of all servers, networked -video -recorders, and their components included in the system. • Upon detection of any irregularities, Quest's Network Operation Center (NOC) will open a ticket and assign to a Quest engineer for troubleshooting and / or evaluation. • Quest will also alert the customer (City of Lodi) in the event of any irregularities and provide the ticket number and status. • Quest will autonomously schedule and / or dispatch any onsite technicians or engineers on an as -needed basis. • Quest will replace / repair / maintain all endpoint devices during the life of the contract as needed, barring intentional physical damage or misuse of the hardware. • Quest will provide, install, and configure a DGE Extension to allow remote access to servers and cameras through its secure Traverse Datacenter for maintenance, troubleshooting, and monitoring. • Quest will provide 24 / 7 access to its Network Operation Center (NOC) for ticketing and service -related requests. Cost of Services - $18 per Device, per Month Managed Service Managed Service Details 60 Month Service Contract Sales Tax Payments Interval 60 Monthly Amount $1,494.00 Sales tax to be added and calculated per current state and local municipalities rates at time of invoice. Shipping Product Details Freight Charges Shipping will be added at the time of the bill. Quest Technology 9000 Foothills Blvd Suite 100 Roseville, CA 95747 Page: 2 of 4 Management a TE[HNOLOGY MANAGEMENT City Of Lodi Managed Services Renewal 160 Month Quest Technology Management City of Lodi Bill Dickens 215 W Elm St. _ (916) 338-7070 Lodi, CA 95240 ' J Bill_Dickens@questsys.com Benjamin Buecher (209) 333-5548 r bbuecher@lodi.gov Monthly Expenses Summary Description Managed Service Warranty / Standard of Installation Quote #: 016389 Version: 1 Delivery Date: 07/11/2022 Expiration Date: 08/25/2022 Amount $1,494.00 Monthly Total: $1,494.00 Upon acceptance of this proposal, Quest will require a minimum of 7 business days to assemble materials before beginning any work. Quest will perform labor and installation of materials as per Quest's "Data Communications Standards". As per the guidelines set forth by the State Contractors Association, Quest will provide a one-year warranty covering workmanship and compliance with applicable industry standards. Network cabling, servers, system software installation, network cards, network electronics, configuration of hubs and routers, an internet provider, and any other materials not specifically listed will not be provided. Quest would be privileged to provide you with additional pricing and consulting information upon request. If you have any further questions regarding these services please contact our offices at (916) 338-7070. It is assumed by Quest or Quests' agents, that the above project is clear of any asbestos or any other chemical / biological hazard. Payment terms are NET 30 days from date of invoice. Terms and Conditions Quest is hereby authorized to furnish all materials and labor to complete the work specified in this proposal, for which I/we agree to pay the contract price mentioned in this proposal, and according to the terms thereof. In the event that an action at law or in equity is brought in any public court or private dispute resolution forum to enforce or interpret the terms of this agreement, the prevailing party shall be awarded reasonable attorneys' fees, photocopying expenses, etc. I/we have read and agree to the provisions contained herein, and in any attachments that are made a part hereof and are described in the proposal. Quest Technology 9000 Foothills Blvd Suite 100 Roseville, CA 95747 Page: 3 of 4 Management Quest TECHNOLOGY MANAGEMENT Quest Technology Management Signature: Name: Bill Dickens Title: Physical Security Engineer Date: 07/11/2022 City of Lodi Signature: Name: Benjamin Buecher Date: Quest Technology 9000 Foothills Blvd Suite 100 Roseville, CA 95747 Page: 4 of 4 Management RESOLUTION NO. 2022-202 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH QUEST MEDIA & SUPPLIES, INC., A CALIFORNIA CORPORATION, OF ROSEVILLE, FOR SYSTEM SUPPORT AND MAINTENANCE PLAN OF VIDEO SURVEILLANCE PROGRAM WHEREAS, implementation of a modern video surveillance system will improve protection of City assets, which includes cash, infrastructure, and staff. The enhanced video resolution and coverage angles will improve identification of faces and vehicles. Digital video surveillance systems store all the footage from the cameras on a digital video recorder, giving a centralized management point for both City staff and Police, if necessary, to monitor and react in a timely manner; and WHEREAS, on October 4, 2017, Council adopted a resolution authorizing the City Manager to execute a Professional Service Agreement with Quest Media & Supplies, Inc., of Roseville, for the purchase and installation of video surveillance system and maintenance plan. The maintenance plan expires on August 31, 2022; and WHEREAS, Quest Media & Supplies, Inc., provides real-time network monitoring of the health of the video system, helping to detect errors and failures of equipment and initiate a repair technician immediately, and will replace, repair, and maintain all endpoint devices during the life of the contract, as needed, barring intentional physical damage or misuse of the hardware; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Quest Media & Supplies, Inc., of Roseville, for system support and maintenance plan of video surveillance program. The service will be billed monthly for a term of five years at $1,494, for a total of $89,640, plus $5,000 for time and material services that may not be covered under the agreement, for a total of $94,640. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, of Roseville, California, for system support and maintenance plan of video surveillance program, for the term of five years, in an amount not to exceed $94,640; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Date: August 17, 2022 I hereby certify that Resolution No. 2022-202 was passed and adopted by the Lodi City Council in a regular meeting held August 17, 2022, by the following vote: AYES: COUNCIL MEMBERS - Hothi, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Khan ABSTAIN: COUNCIL MEMBERS - None 0. M—W - - � OLIVIA NASHED City Clerk 2022-202