HomeMy WebLinkAbout2013-02-12 - AGENDA REPORTS - TRANSIT SECURITY CAMERAS (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
February 12, 2013
Adrian Aguilar
AWARD CONTRACT FOR THE PROCUREMENT AND
INSTALLATION OF A SECURITY CAMERA AND RECORDING
EQUIPMENT SYSTEM FOR THE CITY'S PARATRANSIT FLEET
Administrative Services
RECOMMENDED ACTION
City Council:
1. Waive fon-nal bid process, and award a contract to Apollo Video Technology for the purchase
and installation of security camera equipment on the City's paratransit fleet in the amount of
$181,104, and authorize a contingency of 5% in the amount of $9,055 for a contract not to
exceed $190,159.
Appropriate funds in the amount of $141,102 to Account 12400-5201.003, and increase
revenues in account 700-4424.012 in the amount of $141,102.
Authorize the City Manager or designee to execute all contract documents, or modify the
award in the event issues of impossibility of performance arise, subject to City Attorney
approval.
BACKGROUND
In 2011, utilizing funds from the American Recovery Reinvestment Act (ARRA), the City
replaced the security camera system in the local fleet and expanded the new system to include the
City's commuter fleet. All 87 local and commuter buses have the newest security camera
system installed, allowing the City to continue supporting our local Sheriffs department in
investigations, our operations contractor in addressing employee and customer concerns, and to
deter vandalism. In addition, the new security system uses secured wireless teelmology to
automatically download information from the buses, as well as to allow for "live look -in" in the
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event of a major emergency. This functionality has improved the effectiveness and efficiency of
the system.
The original Request for Proposal (RFP) for transit security cameras was prepared and the notice
was published two (2) times, December 21 and 26, 2010. The notice was forwarded to the
Chamber of Commerce and Valencia Industrial Association and sent to vendors who have
contacted the City over the past six months, as well as to vendors listed in an industry database.
The RFP was also posted on the City's website and downloaded 57 times by interested vendors.
The bid was conducted in compliance with federal procurement standards. As a result of the
overall evaluation process, which included internal and external reviews of the proposals as well
as multiple interviews with the vendors, the project was ultimately awarded to Apollo Video
Technology.
The next phase of the project is to procure and install camera surveillance equipment aboard the
City's paratransit fleet. In order to ensure compatibility with the existing camera system, staff
recommends a sole source contract with Apollo Video Technology, to procure and install
security camera and recording equipment onboard the City's paratransit fleet of twenty eight (28)
vehicles.
While there are other manufacturers that can supply security camera system equipment, the
physical components, software, and firmware of the City's current security system are exclusive
to Apollo Video Technology. The proprietary nature of the system is critical to the encryption
capabilities for chain of custody and secure video management. Included software that enables
configuration, video management, and remote access is also proprietary and exclusive to the
Apollo system and specifically designed for use with Apollo Video's hardware. Additionally,
Apollo does not share the intellectual property or proprietary coding with any outside sources.
Therefore, it is not possible to integrate Apollo video surveillance solutions with competitive
vendor's mobile video solutions. A Non -Competitive Procurement justification has been drafted
and is attached.
ALTERNATIVE ACTIONS
Other action as determined by City Council.
FISCAL IMPACT
The total cost of this project, including contingency, is $190,159 and does not require any
General Fund monies. With the requested appropriation, adequate Federal ARRA Stimulus
monies are available to fund this project.
ATTACHMENTS
Sole Source Justification
Apollo Contract
SECURITY CAMERA SYSTEM
NON-COMPETITIVE PROCUREMENT
SUBJECT: Installation of a Security Camera System the Paratransit Fleet
Side Source Justification: The purpose of this letter is to provide justification for the
use of a non-competitive procurement process in the acquisition of a security camera
system equipment for the City of Santa Clarita paratransit, commuter, and local fleet.
Reference: FTA Circular 4220.1F, VI.3.i
Procurement By Noncompetitive Proposals (Sole Source). Sole Source procurements are
accomplished through solicitation or acceptance of a proposal from only one source, or
after solicitation of a number of sources, competition is determined inadequate. A
contract amendment or change order that is not within the scope of the original contract
is considered a sole source procurement that must comply with this subparagraph.
Procurement by noncompetitive proposals may be used only when the award of a
contract is infeasible under small purchase procedures, sealed bids, or competitive
proposals and when the recipient requires supplies or services available from only
one responsible source, and no other supplies or services will satisfy its
requirements. Examples include:
Unique Capability or Availability. The property or services are available from
one source if one of the conditions described below is present:
(1) Unique or Innovative Concept. The offeror demonstrates a unique or
innovative concept or capability not available from another source.
Unique or innovative concept means a new, novel, or changed concept,
approach, or method that is the product of original thinking, the details
of which are kept confidential or are patented or copyrighted, and is
available to the recipient only from one source and has not in the past
been available to the recipient from another source.
(2) Patents or Restricted Data Rights. Patent or data rights restrictions
preclude competition.
(3) Substantial Duplication Costs. In the case of a follow-on contract for
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the continued development or production of highly specialized
equipment and major components thereof, when it is likely that award
to another contractor would result in substantial duplication of costs
that are not expected to be recovered through competition.
(4) Unacceptable Delay. In the case of a follow-on contract for the
continued development or production of a highly specialized equipment
and major components thereof, when it is likely that award to another
contractor would result in unacceptable delays in fulfilling the
recipient's needs.
Background
In 2011, utilizing funds from the American Recovery Reinvestment Act (ARRA), the
city replaced the camera system in the local fleet and expanded the new system to
include the City's commuter fleet. All 87 local and commuter buses have the
newest security camera system installed, allowing the City to continue supporting our
local Sheriffs department in investigations, our operations contractor in addressing
employee and customer concerns, and to deter vandalism. In addition, the new security
system uses secured wireless technology to automatically download information from
the buses as well as to allow for "live look -in" in the event of a major emergency. This
functionality has improved the effectiveness and efficiency of the system.
A Request for Proposal (RFP) was prepared and a notice published two (2) times,
December 21 and 26, 2010. The notice was forwarded to the Chamber of Commerce
and Valencia Industrial Association and sent to vendors who have contacted the City
over the past six months, as well as to vendors listed in an industry database. The RFP
was also posted on the City's website and downloaded 57 times by interested vendors.
The bid was conducted in compliance with federal procurement standards.
Of the seven proposals received, two bidders did not include the required bid bond or
security form and check. As a result, those proposals were determined to be non-
responsive and were not included in the evaluation process. The remaining five
proposals were reviewed by a panel of internal and external representatives. Scores were
awarded based on several factors including quality of equipment, understanding of
project requirements, cost, and references. Based on this ranking, the top three firms
were invited to interview with the evaluation panel and provide a demonstration of their
proposed system.
As a result of the overall evaluation process, the project was awarded to Apollo Video
Technology. Since the installation of cameras in the local fleet in 2011, Santa Clarita
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Transit has already experienced a measurable drop in vandalism and person-to-person
incidents. The camera system has allowed staff to follow up on customer and employee
concerns and has been used successfully by the Sheriff s Department and local school
district during various investigations
Single Source Justification:
In 2011 the City initiated a federally compliant competitive bid process to procure and
install a Security Camera System on our transit fleet. The project was awarded to Apollo
Video Technology and contracted according to FTA and ARRA guidelines. At that time
due to funding, the City was only able to install the systems on our fixed route and
commuter vehicles. It is our intention to expand the existing system into our partatransit
fleet with this procurement.
While there are other manufacturers than can supply security camera system equipment,
the physical components, software and firmware of the solution provided to the city are
exclusive to Apollo Video Technology. The proprietary nature of the system is critical to
the encryption capabilities for chain of custody and secure video management. Included
software that enables configuration, video management and remote access is also
proprietary and exclusive to the Apollo system and is specifically designed for use with
Apollo Video's hardware. Additionally, Apollo does not share the intellectual property
or proprietary coding with any outside sources. Therefore, it is not possible to integrate
Apollo video surveillance solutions with competitive vendor's mobile video solutions.
By waving the formal bid process, the City would also avoid costs associated with
duplicating our existing back end infrastructure and ongoing maintenance costs. By
installing the same system on our paratransit fleet the City would benefit from seamless
hardware, wireless communications, "live look in" functionality, data management and
software across the fleet of vehicles.
Conclusion:
On the basis of the justification provided above, Apollo Video Technology is uniquely
positioned to supply the required equipment.
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RECOVERY ACT MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
APOLLO VIDEO TECHNOLOGY
Contract No.
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of
20_, by and between the CITY OF SANTA CLARITA, a general law city
and municipal corporation ("CITY") and Apollo Video Technology, a technology Corporation
("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum
basis not to exceed one hundred sixty six thousand six hundred and eighteen
dollars ($166,618.30) basis an amount set forth in the attached Exhibit "D,"
which is incorporated by reference, for CONTRACTOR's services. CITY will
pay such amount promptly, but not later than thirty (30) days after receiving
CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from February 13, 2013, to June 30, 2013. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit C.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code §§
1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's
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responsibility to interpret and implement any prevailing wage requirements and
CONTRACTOR agrees to pay any penalty or civil damages resulting from a
violation of the prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY's Engineering Division or the website for State of California Prevailing
wage determination at httl)://www.dir.ca.,gov/DLSR/PWD. A copy of the
prevailing rate of per diem wages must be posted at the job site.
B. Protection of Resident Workers.
The City of Santa Clarita actively supports the Immigration and Nationality Act
(INA) which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (I-9). The Contractor
shall establish appropriate procedures and controls so no services or products
under the Contract Documents will be performed or manufactured by any worker
who is not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
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set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "AMI." Certificate(s) must reflect that the
insurer will provide' thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate. In the alternative, should
CONTRACTOR fail to meet any of the insurance requirements under this
agreement, City may cancel the Agreement immediately with no penalty.
F. Should Contractor's insurance required by this Agreement be cancelled at any
point prior to expiration of the policy, CONTRACTOR must notify City within
24 hours of receipt of notice of cancellation. Furthermore, CONTRACTOR must
obtain replacement coverage that meets all contractual requirements within 10
days of the prior insurer's issuance of notice of cancellation. CONTRACTOR
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must ensure that there is no lapse in coverage.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim,
action, damages, costs (including, without limitation, attorney's fees), injuries, or liability,
arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in
any suit, or should any claim be brought against it by suit or otherwise, arising out of
performance by CONTRACTOR of services rendered pursuant to this Agreement,
CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY)
and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement
or costs incurred in defense otherwise.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement
that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the
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work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of Santa Clarita
23920 Valencia Blvd.
Santa Clarita, CA 91355
To CONTRACTOR: Apollo Video Technology
14148 NE 190`1i Street
Woodinville, WA 98072
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained`
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
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18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting technology maintenance. To the
extent that there are additional terms and conditions contained in Exhibit "A thru D" that are not
in conflict with this Agreement, those terms are incorporated as if fully set forth above. There
are no other understandings, terms or other agreements expressed or implied, oral or written.
25. CONFLICT OF INTEREST. CONTRACTOR will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
26. BUY AMERICAN RULE. CONTRACTOR agrees to comply with all the requirements of
Section 1605 of the Recovery Act of 2009 including, but not limited to, the following provision
of Section 1605:
"None of the funds appropriated or otherwise made available by this Act may be used for a
project for construction, alteration, maintenance, or repair of a public building or public
work unless all of the iron, steel, and manufactured goods used in the project are produced
in the United States."
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CONTRACTOR is directed to Exhibit "A" to this AGREEMENT which provides additional
information regarding the Buy American Rule. In the event there are any errors or omissions by
the CONTRACTOR in complying with this Article which causes any loss of funding to the City
for the project which is the subject of this AGREEMENT, the CONTRACTOR is obligated to
reimburse the City for any such loss of funding from all available sources including, but not
limited to, offsets by the City from any payments otherwise due to the CONTRACTOR under
this AGREEMENT and any other funds or assets of the CONTRACTOR.
27. REPORTING OBLIGATIONS UNDER RECOVERY ACT OF 2009. In addition to all
other reporting requirements of the Contractor set forth in this AGREEMENT, Contractor agrees
to comply with the additional reporting requirements of "vendors" pursuant to Section 1512 of
the American Recovery and Reinvestment Act of 2009. Information required of "vendors"
includes the following:
Monies spent on goods and/or services;
2. Name of vendor(s) with who said monies are spent;
3. Type of goods and/or services said money was spent;
4. Purpose for which said monies were spent;
5. DUNS number of Contractor (if obtained);
6. DUNS numbers of subsequent sub -contractors and/or vendors with whom goods
and/or services are purchased by Contractor (if obtained);
7. Zip+4 of Contractor's headquarters;
8. Zip+4 of subsequent sub -contractors' and/or vendors' headquarters with whom
goods and/or services are purchased by Contractor;
9. Number of weekly hours worked by each Contractor employee and Sub-
contractor employee who either retained their job status as a result of the project
subject to this AGREEMENT, or was hired specifically to fulfill the requirements
of the project subject to this AGREEMENT.
The above information shall be reported in writing directly to the City throughout the duration of
the project subject to this AGREEMENT, cumulatively, on a quarterly basis beginning October
1, 2009 and thereafter on January 1, 2010; April 1, 2010; July 1, 2010; October 1, 2010; January
1, 2011; April 1, 2011; July 1, 2011; October 1, 2011 and so on. On each of these dates, the
information must be reported to the City no later than 5pm. If any of these dates falls on a
weekend or holiday, the information must be reported to the City by 5pm on the business day
before weekend or holiday. Timely submission of this information to the City is critical as the
City has reporting obligations under the American Recovery and Reinvestment Act of 2009 and
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the City needs this information to fulfill the City's reporting obligations to the federal
government. The above information may be reported to the City by completing Exhibit B
attached hereto in hard copy or electronically via email to:
Casey Bingham
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
Email: cbingham@santa-clarita.com
Fax: 661-259-8125
In the event the Contractor fails to timely and accurately report the above information to the City
which failure causes any loss of funding to the City for the project which is subject to this
AGREEMENT, the Contractor is obligated to reimburse the City for any such loss of funding
from all available sources including, but not limited to, offsets by the City from any payments
otherwise due to the Contractor under this AGREEMENT and any other funds or assets of the
Contractor.
If the Contractor has any questions about the above reporting obligations, then the Contractor is
encouraged to contact Casey Bingham at 661-255-4902 (Phone) or cbingham@santa-
clarita.com (Email).
In addition, the Contractor may obtain information about the reporting obligations on line from
the helpdesk staff of the Office of Management and Budget at www.FederalReporting.gov
website.
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(Signatures on Next Page)
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first
hereinabove written.
FOR CONTRACTOR:
m
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
0
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
0
City Attorney
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ARRA Legislation Section 1605- Required Use of American Iron, Steel, and Manufactured
Goods
(Th'e Buy American Rule)
The explanations and definitions in this section include the actual language from the Act itself
and the Code of Federal Regulations, which further defines parts of the legislation.
The language of Section 1605 of ARRA states:
None of the funds appropriated or otherwise made available by this Act maybe
used for a project for the construction, alteration, maintenance, or repair of a
public building or public work unless all of the iron, steel, and manufactured
goods used in the project are produced in the United States.
As discussed during the webinar, this section of the legislation specifies that ALL iron, steel, and
manufactured goods used in public building or public work projects must be produced in the
United States.
The definitions are:
Public building and public work means a public building of, and a public
work of, a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States;
State and local governments; and multi -State, regional, or interstate entities
which have governmental functions).
• Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been—
o Processed into a specific form and shape; or
o Combined with other raw material to create a material that has
different properties than the properties of the individual raw materials.
Obtaining a Waiver
There are 3 circumstances by which you may obtain a waiver that would allow you to use
foreign iron, steel, and manufactured goods:
1. Cost- If the cumulative cost using of American made iron, steel, and/or
manufactured goods would increase the overall cost of the project by more than
25%.
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Nonavailability- The iron, steel, and/or manufactured good is not produced in the
United States in sufficient and reasonably available quantities and of satisfactory
quality.
If the application of the Buy American Rule would be inconsistent with the public
interest. Example: if the only U.S. supplier of a particular manufactured good has
been removed from your list of approved vendors because of questionable
business practices, it can be argued that it would be inconsistent with the public
interest to use goods or services from that vendor.
If you choose to apply for a waiver, the application for the waiver must be submitted to
the award official. The application for a waiver (also called "request for determination of
inapplicability of section 1605') can be made either by an applicant (before the award is
made) or by a recipient before Recovery Act funds are obligated to a project.
The waiver application must contain:
1. A description of the foreign and domestic iron, steel, and/or manufactured goods
2. Unit of measure
3. Quantity
4. Cost
5. Time of delivery or availability
6. Location of the project
7. Name and address of the proposed supplier
8. A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods
International Trade Agreements
This particular set of exceptions is complex and includes.Parties to international trade
agreements. The list of international agreements that must be taken into consideration is below.
Typically, only state -level agencies (not city- or county -level agencies) are subject to such
agreements. If your organization is subject to the obligations of an international agreement,
someone in your organization is probably already aware of it. To determine if your organization
is subject to the rules of any international agreements, ask your procurement, legal, finance,
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and/or budget departments or call your governor's office and ask how international trade
agreements must be applied in your state.
Application of the Buy American Rule must be made in a manner consistent with U.S.
obligations under international agreements (e.g., trade agreements). The Buy American Rule
will not be applied to iron, steel, or manufactured goods that are from a Party Nation to an
international agreement that obligates the recipient of Recovery Act funds to treat the goods and
services from that Party Nation the same as American-made goods and services.
These international agreements are:
1. World Trade Organizations Government Procurement Agreement
2. Dominical Republic -Central America -United States Free Trade Agreement
3. North American Free Trade Agreement
4. United States -Australia Free Trade Agreement
5. United States -Bahrain Free Trade Agreement
6. United States -Chile Frce Trade Agreement
7. United States -Israel Free Trade Agreement
S. United States -Morocco Free Trade Agreement
9. United States -Oman Free Trade Agreement
10. United States -Peru Trade Promotion Agreement
11, United States -Singapore Free Trade Agreement
12. United States -European Communities Exchange of Letters
www.ccivis.com info@ecivis.com 877-232-4847
— /I—
ecivis
Page 4 of 4
Reporting of Funds: Definitions of Spent, Allocated, and Unallocated
Each federal agency will require a separate quarterly report. Quarterly reports must contain
information regarding the status of funds received with regard to whether or not the funds have
been spent. This is to aid the funding agency to reconcile, or account for, all funds received.
The definitions of the status of funds are:
• Spent (also called Expended)- The cumulative amount of funds spent at the
end of the reporting period. Example: if your organization purchased
materials for a construction project, those funds have been spent.
• Allocated (also called Allotted or Obligated)- The amount of funds that have
been obligated but have not been spent. Example: if your organization has
designated $5,000 to be used for a construction project but no purchases have
been made, those funds have been allocated, but not spent.
Unallocated (also called Unallotted or Unobligated)- The amount of funds that
has not been spent or obligated. Example: if your organization has received a
grant award of $10,000 but that funding has not been designated for a specific
purpose, those funds are unallocated.
While accrual accounting is preferred, either cash or accrual accounting can be used. If an
agency requires accrual reporting and your organization uses a different method, your
organization will not be required to adopt an accrual accounting system; the accrual reporting
will be made by analysis of the documentation on hand.
Quarterly reports will need to summarize the status of 311 funds received from any given agency
at the end of each quarter, not just funds received or expended during that quarter.
The basic principle to keep in mind is that the total of Spent, Allocated, and Unallocated funds
should always equal the total amount of funding your organization has received.
www.ecivis.com info@ecivis.com 877-232-4847
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EXHIBIT C
City of
SANTA GLARITA
23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 913 55-2 196
Phone. (661) 259-2489 • FAX: (661) 259-8125
i m1V.4IDta-clantaxom
October 29, 2012
Apollo Video Technology
Attn: Derek White
14148 NE 190'1i Street
Woodinville, WA 98072
Subject: Digital Video Recording Quote Request
SC -102912
Reference: (1) Santa Clarita Contract 911-00191
(2) Santa Clarita Request for Proposals TR -10-11-26
(3) Apollo Technical Proposal in Response to TR -10-11-26
Dear Mr. White;
The City of Santa Clarita is considering installing a digital video recording system into
our paratransit fleet. As you know, we recently installed the Apollo system into our
existing fixed route bus fleet.
As 1 mentioned on the phone to you earlier this week, we would like to submit this letter
as a request for quote to purchase and install twenty-eight (28) complete systems into the
vehicles in the chart below. The systems should match in functionality and integrate into
our existing program. The cost for purchase will include all associated and required tasks
such as, but not limited to, purchase, installation, initial system set up, configuration,
integration into our existingsystem, licensing, testing, and 2 -years all equipment
warranty.
Additionally. this project is ARRA funded and Apollo Video Technologv shall comply
with all federal reporting requirements, including all requirements set forth in our
previous contract #11-00191.
Along with your cost estimate, please fill out and return the attached "Pricing Summary".
Bus No..
Year
Make/Model
Interior
Camera
(includes
housing)
Exterior
Camera
(includes
housing)
OVR
Wireless. IAN
A/P
Microphone.
350
2006
El Dorado Aerotech
3
1
1
1
1
351
2006
El Dorado Aerotech
3
1
1
1
1
352
2006
EI Dorado Aerotech
3
1
1
'1
1
353
2006
EI Dorado. Aerotech
3
1
1
-1
1
354
2008
Ford Starcraft
2
1
1
1
1.
355
2008
Ford Starcraft
2
1
1
1
1
356
2008
Ford Starcraft
2
1
1
1
1
358
.2008
Ford Starcraft
2
1
1
1
1
359
2008
Ford Starcraft
2
1
1
'1
1
360
'2008
Ford Starcraft
2
1
1
1
1
361
.2008
ford Starcraft
2
1
1
1
1
362
2008
Ford Starcraft-
2
1
1
1
1
.363
2008
Ford Starcraft'
2
1
1
1
-1
364..
-2008Fob
Starcraft'
2
1
1
1
1.
365 --
2008.
ford Starcraft
2
1
1
1
1
366
2008;
Ford Starcraft
2
1
1
1
1
•367
-2008
'.Ford Starcraft,
2
1
L
1
1
408660
2008
Chevy Uplander
2,
0
1
1
1
4086612008
.CheGy,Uplamder
2
0
1
1
1
201059
2010
El Dorado Aerotech
3
1
1
1
1
212068
2012
' A
EI Doradoerotech
3
1
1
1,
1
212069
`2012
El Dorado Aerotech
.'3.
1
1
.1.
i
.212070
2012
EI Dorado Aerotech -
3.
1
1
1
1
368°
2010
0
Ford E-45•Elkhart Cutaway
1
0
1
1
1
369
2010
Ford E-450 Elkhart Cutaway
1
0
1
1
1
370.
.2010
Ford E450 Elkhart Culaway
1
0
371
2010
Ford E-450. Elkhart Cutaway
1
0
1
1
1
712348
2012
.Dodge Van _.
2
0
1
1
1
If you have any questions.or need any clarification, please call meat 669-295`-6306.
Sincerely,
Oak6olnooi
Corie L. Zarna
Administrative Analyst
CLH:me
SMIANS IIIUniversal Fare Syslem\Farehox order 2-22-1 O.doe
Attachment (1)
PRICING SUMMARY
;2006 EI Dorado Ae_r_otech
'Buses 350-.353 y .$ 'each:Lx, 4 i= $
including installation —
1-- 1 1
2008 Ford Starcraf_t
Buses 354-367(357 excluded) ,$ 'each xi13'=f$
2010 El Do_ra_d_o_Aerotech_
4Bus 201059 $ !each!x 1'=i$
induding]nstallation
.._---.....
2012 El DoradoA�e_rotech
Bus 212068-212070 ea
...__— _ $ L.. .. ch xY3
. y _ I
,
, including installation
r--�
l 2010 FordE-450 El kart Cutaway I
In --c RgR-g77 - -- i5 ---------- I -each I x-4.=1$ -
--- �lnc/ud/ngJtistollotion I !� �(4
�.—.. —.
!008ChevyUpIander I - r I
.— — L...� r
including installation
12012.Dodge.El DoradoAmerivan
'Bus 712349 $ ,each x 1 = $
:including installation -_
IS—Pare Interior Cameras $ eachrx 33,=.$
tare. Ex te nor Cameras 3$ _teachJxj20;=i$..
n�ro nr1..PrAI. ar,ttnn t5 -1=X--1-30;=-
ea X-- 301=:5 i
jAdditional Equipment
j
. Subtotal $
'Tax 0-8.7S% - --- ----- _-. , _...+-., -.$
Freight to 91355 zip code
GRANDTOTAL
-zz-
23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 913 5 5-2 1 96
Phone: (661) 259-2489 • FAX: (661) 259-8125
Apollo Video Technology
Attn: Derek White
14148 NE 190'" Street
Digital Video Recording Quote Request
(1) Santa Clarita Contract 411-00191
(2) Santa Clarita Request for Proposals TR -10-11-26
(3) Apollo Technical Proposal in Response to TR -10-11-26
(4) Santa Clarita Letter dated October 29", 2012
The City of Santa Clarita is considering installing a digital video recording system into our
paratransit fleet. As you know, we.recently installed the Apollo system into our existing fixed
route bus fleet. In October of this year, we sent a letter requesting pricing to add systems into 28
of our paratransit vehicles. We received Quotation 9: 121216A from Apollo.
At this time we would like to add some items to our pricing request. Please incorporate these
items into the previously received Quotation. The items are as follows:
As I mentioned on the phone to you earlier this week, these additional parts are not to be
installed. We need pricing for procurement of these items only. The cameras should match in
functionality and integrate into our existing program. The cost for purchase will include a 2 -year
all equipment warranty. Additionally, this project is ARRA funded and Apollo Video
Technology shall comply with all federal reporting requirements, including all requirements set
forth in our previous contract 911-00191.
If you have any questions or need any clarification, please call me at 661-295-6306.
Sine �ely,
t�
Corie L. Zamora
Administrative Analyst
�_,
/ L�®
(Apollo Video Technology
www.apollovideo.com
City of Santa Clarita
Corie Zamora
23920 Valencia Blvd., Ste. 295
Santa Cladta CA 91355-2196
Tel: -
Fax/Email: -
ElDorado AeroTech:
EXHIBIT D
Quotation #: 121216G
Date: 1/23/2013
Payment Terms: Net 15 w/ Signed PO
Sales Rep: Martin Frazier
Subtotal: $39,304.00
Sales Tax Lines 1-7 (9%): $2,997.36
Total: $42,301.36
Ford Starcarft:
Model
r-
r
Ext. Price
8
RR-MRH4-1000
RoadRunner 4 Camera Capability, High Capacity Mobile DVR, Power Cable, Event Switch, RASplus
Software, 1.OTB Removable Hard Disk Drive
$2,202.00
$17,616.00
24
RR-CTMIRA25
Camera, Calor Vandal Resistant Interior High Resolution, Day/Night Mini Tapered Dome w/ IR
Illumination & Audio RecordingTapered Dome w/ IR Illumination & Audio Recording, 2.5mm Lens
$254.00
$6,096.00
8
RR-CT29
Camera, Color Vandal Resistant Exterior, High Res, Tapered Dome, 2.9mm Lens
$268.00
$2,144.00
16
RR-M2i
Surface Mount Microphone with Gail Control, Cabling
$169.00
$2,704.00
16
RR -ICC
Camera Cable Assembly, Video and Power
$30.00 '
$480.00
16
RR -TCCA
Camera Cable Assembly, Video, Power & Audio
$30.00
$480.00
8
RR-WT220
Wireless LAN Industrial Access Point, Bridge and Exterior Antenna, 5GHz
$473.00
$3,784.00
8
-
Installation of Above -Listed Equipment (Non -Taxable)
$750.00
$6,000.00
Subtotal: $39,304.00
Sales Tax Lines 1-7 (9%): $2,997.36
Total: $42,301.36
Ford Starcarft:
Subtotal: $63,869.00
Sales Tax Lines 9-16 (9%): $4,870.71
Total: $68,739.71
Ford E-450:
Line Qty
Model
Description
r
Ext. Price
4
H4-1000
RoadRunner 4 Camera Capability, High Capacity Mobile DVR, Power Cable, Event Switch, RASpius
Software, 1.OTB Removable Hard Disk Drive1IRA25
$2202.00
$28,626.00
4
Camera,ColorVandal Resistant Interior High Resolution, Day/Night Mini Tapered Dome w/ IR$254.00
Illumination & Audio RecordingTapered Dome w/ IR Illumination & Audio Recording, 2.5mm LensIRA36
$229.00
$6,604.00
r 4
7RR-ICCA
Camera, Color Vandal Resistant Interior High Resolution, Day/Night Mini Tapered Dome w/ IR
Illumination &Audio RecordingTapered Dome w/ IR Illumination &Audio Recording, 3.6mm Lens
$25400
$3,302.00
8
9
Camera, Color Vandal Resistant Exterior, High Res, Tapered Dome, 2.9mm Lens
$268.00
$3,484.00
4
i
Surface Mount Microphone wth Gail Control, Cabling
$169.00
$4,394.00
4
Camera Cable Assembly, Video and Power
$30.00
$780.00
4
A
Camera Cable Assembly, Video, Power & Audio
$30.00
$780.00
13
RR-WT220
Wireless LAN Industrial Access Point, Bridge and Exterior Antenna, 5GHz
$473.001
$6,149.00
13
-
Installation of Above -Listed Equipment (Non -Taxable)
$750.00
$9750.00
Subtotal: $63,869.00
Sales Tax Lines 9-16 (9%): $4,870.71
Total: $68,739.71
Ford E-450:
Line Qty
Model
Description
Unit Price
Ext. Price
4
RoadRunner 4 Camera Capability, High Capacity Mobile DVR, Power Cable, Event Switch, RASplus
Software, i.OTB Removable Hard Disk Drive
$2,202.00
$8,808.00
4
Camera, Color Vandal Resistant Interior High Resolution, Day/Night Mini Tapered Dome w/ IR
Illumination & Audio RecordingTapered Dome w/ IR Illumination & Audio Recording, 3.6mm Lens
$229.00
$916.00
r 4
ZRR-M2i
Camera, Calor Vandal Resistant Exterior, High Res, Tapered Dome, 2.9mm Lens
$241.00
$964.00
8
Surface Mount Microphone with Gail Control, Cabling
$152.00
$1,216.00
4
Camera Cable Assembly, Video and Power
$27.00
$108.00
4
Wireless LAN Industrial Access Point, Bridge and Exterior Antenna, 5GHz
$473.00
$1,892.00
4
Installation of Above -Listed Equipment (Non -Taxable)
$750,001
$3,000.00
Subtotal: $16,904.00
Sales Tax Lines 18-23 (9%): $1,251.36
14148 NE 190Th Street AWoloBi$v`i111 .155.36
Toll Free: 888.288.8721: Tel: 425.483.7100; Fax: 425.483.7200
w opollovideocom
Chevv Hnlander & Donlon Van'
Subtotal: $11,736.00
Sales Tax Lines 25-29 (9%): $921.24
Total: $12,657.24
ViM Licenses:
Model
RR-CIR2
rRoadRunner
$183.00
$6,039.00
3
RR-MRH4-1000
4 Camera Capability, High Capacity Mobile DVR, Power Cable, Event Switch, RASplus
$2,202.00
$6,606.00
20
RR -CT
Software, 1.OTB Removable Hard Disk Drive
1 $323.00
$6,460.00
6
RR-CTMIRA25
Camera, Color Vandal Resistant Interior High Resolution, Day/Night Mini Tapered Dome wl IR
$254.00
$1,524.00
It
Illumination & Audio RecordingTapered Dome w/ IR Illumination & Audio Recording, 2.5mm Lens
3
RR-M2i
Surface Mount Microphone with Gail Control, Cabling
$169.00
$507.00
6
RR-ICCA
Camera Cable Assembly, Video, Power & Audio
$30.00
$180.00
3
RR-WT220
Wireless LAN Industrial Access Point, Bridge and Extenor Antenna, 5GHz
$473.00
$1,419.00
3
-
I Installation of Above -Listed Equipment (Non -Taxable) 1
$500.001
$1,500.00
Subtotal: $11,736.00
Sales Tax Lines 25-29 (9%): $921.24
Total: $12,657.24
ViM Licenses:
Subtotal: $21,252.00
Sales Tax Lines 31-33 (9%): $1,912.68
Total: $23,164.68
Scare Parts:
Line Oty
33
Model
RR-CIR2
Camera Description IR Illumination,Day/Night Color w/ Audio Recording
$183.00
$6,039.00
40
AVT-ViM-AL
ViM (Vehicle Information Management) Software, AutoClip Single -Vehicle License (Includes 3- Years
$253.00
$7,084.00
20
RR -CT
of Software Maintenance)
1 $323.00
$6,460.00
f28
AVT -VIM -CL
ViM (Vehicle Information Management) Software, Clip Management Single -Vehicle License (Includes
$253.00
$7,084.00
3- Years of Software Maintenance)
AVT-ViM-HL
ViM (Vehicle Information Management) Software, DVR Health Single -Vehicle License (Includes 3-
$253.00
$7,084.00
Years of Software Maintenance)
Subtotal: $21,252.00
Sales Tax Lines 31-33 (9%): $1,912.68
Total: $23,164.68
Scare Parts:
Line Oty
33
Model
RR-CIR2
Camera Description IR Illumination,Day/Night Color w/ Audio Recording
$183.00
$6,039.00
40
RR-CEIR
Camera Enclosure, Vandal -Resistant Enclosure for RR-CIR2 / RR -C2 Series Cameras
$27.00
$1,080.00
20
RR -CT
Camera, Color Vandal Resistant Exterior, High Res, Tapered Dome
1 $323.00
$6,460.00
20
007-0007-001
Switch, Event, w/ Status RED/GREEN LED and 4-pos connector
1 $36001
$720.00
Subtotal: $14,299.00
Sales Tax Lines 34-37 (9%): $1,286.91
Total: $15,585.91
Est. Freight: $500.00
Grand Total: $181.104.26
The RoadRunner system includes:
Standard 3 -year DVR warranty 11 -year all other components (extended warranty options are available upon request)
Unlimited technical support at no additional charge
License -free RASplus- and HDPlayer- software with lifetime updates at no additional charge
Prices and terms are guaranteed for 30 days. Freight charges, installation charges and taxes (i/ applicable) are additional and may not be included in this quotation.
All returns are subject to a 20% re -stocking fee.
Apollo Veen Technology
14148 NE 1901h Street - Woodinville, WA 98072
Toll Free. 888.288.8721: Tel: 425,483,7100; Fax: 425.483.7200
vrww.apollovaeocom