HomeMy WebLinkAboutC2019-326 - 6/25/2019 - Approved ,lUS C. `
SERVICE AGREEMENT NO. 2323
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Radio Dispatch Consoles for Police Department MetroCom
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1852
THIS Radio Dispatch Consoles for Police Department MetroCom Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Dailey-Wells Communications ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Radio Dispatch Consoles for Police
Department MetroCom in response to Request for Bid/Proposal No. SS 2323
("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications
and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Radio Dispatch Consoles for Police Department
MetroCom ("Services") in accordance with the attached Scope of Work, as
shown in Attachment A, the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety, and in accordance with Exhibit
2.
2. Term. This Agreement is for three months, with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-months periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$585,999.56,subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
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SCANNED
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Pat Eldridge
Police Department
Phone: 361-886-2696
Email: Pat@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
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manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Pat Eldridge
Police Management Services Director Address:
321 Sartain St., Corpus Christi, TX 78401 Phone:
361-886-2696
Fax: 361-886-2607
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IF TO CONTRACTOR:
Dailey-Wells Communications
Attn: Edward Martinez
Major Accounts Representative
Address: 3440 E. Houston St., San Antonio, TX 78219
Phone: 361-548-5660
Fax: 210-893-6702
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
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Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
20. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
21. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
23. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
24. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
[Signature Page Follows]
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Approved as to Legal Form May 3,2019
CONTRACTOR
Signature: t' ,
Printed Name: Richard Wells
Title: President
Date: 13 JUN 2019
CITY, OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date: (,Q • 21-12 . �a ATTEST, 1"
REB CCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. SS 2323
Exhibit 2: Contractor's Bid/Proposal Response
e, ' 0aiQ_ -AUIHUKILL..
IT COUNCIL
SECRETARY
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Approved as to Legal Form May 3, 2019
Attachment A -Scope of Work
Corpus Christi MetroCom Pubic Safety Console Replacement Plan
A. Initial Deployment Installation Process:
The initial deployment upgrade installation consists of replacing the current
Windows XP computer with the Symphony Windows 10 computer. All the
current EDACS audio and serial interfaces will remain unchanged, allowing
the dispatchers to operate the same microphones, custom keyboards,
footswitches, audio jack boxes and headsets as they do today. The user
screens will be copied from the current consoles to the Symphony console
computer to mimic the current C3 configuration. The following steps will be
performed by the Contractor to configure and install the Harris Symphony
Console to operate in EDACS mode:
1. Install the C3 Maestro Software on the Symphony Windows 10 operating
system.
2. Use the C3 Maestro user interface screen layouts for Corpus Christi and
program those layouts into the Symphony Console C3 Maestro
application.
3. Remove the serial connections from the current Windows XP C3 Maestro
computer.
4. Install the 232/422 serial adaptors for Symphony hardware interfacing.
5. Connect the serial interfaces for the Audio Enclosure and the IMC (EDACS
Switch) to the Symphony computer.
6. Configure the serial parameters on the Symphony for the two serial inputs
and confirm the audio settings.
7. Launch the C3 Maestro Application on the Symphony console then test
the audio and console feature set to confirm proper operation.
B. Upcoming Deployment Installation Process:
When it is time for the Symphony console to operate in the Symphony mode,
The Symphony console shall be reconfigured by the Contractor to operate
by connecting directly to the VIDA core through IP/Ethernet. Prior to the
Symphony consoles being deployed, the dispatch staff will receive training
from the Contractor on Symphony operation. The Contractor must perform
the following when switching the console from C3 mode to Symphony mode:
1. Ensure the Symphony software is installed.
2. Configure the Symphony software for the upgraded VIDA Core network.
3. Install the new accessories: keyboard, mouse, speakers, footswitches, and
jack boxes.
4. Configure the Touchscreen for the Symphony console.
5. Launch the Symphony Console Application on the Symphony hardware
then test the audio and console feature set to confirm proper operation.
Attachment B - Bid/Pricing Schedule
DAILEY-WELLS COMMUNICATIONS f KRIS
3440 E.Houston St.,San Antonio,TX 78219 DAILEY-WELLS
To: Peter Collins From: Edward Martinez
For: City of Corpus Christi Major Accounts Representative
Phone: (361)826-3735 Dailey-Wells Communications
Date: 28-May-19 361-548-5660 Cell
email PeterC(o)cctexas.com 210.893.6702 Fax
e m a rti nez(cildwco m m.co m
SYMPHONY CONSOLES
Item Part# Description Qty. Unit List Disc.0/ Unit Sale Ext Sale
1 UD-ZM1G CONSOLE,BUNDLE,MIP FEATURES,WIN10 14 $ 29,895.00 26% $ 22,122.30 $ 309,712.20
2 UD-SG4W LICENSE,AES AND DES LEVEL ENCRYPTION 14 $ 8,500.00 26% $ 6,290.00 $ 88,060.00
3 UD-SG4U LICENSE,PAGING CAPABILITY 14 $ 750.00 26% $ 555.00 $ 7,770.00
4 UD-SH1W LICENSE,FLEXPATHS 56 $ 250.00 26% $ 185.00 $ 10,360.00
5 UD-AB1A SPEAKER,NANO,SYMPHONY 28 $ 295.00 5% $ 280.25 $ 7,847.00
6 UD-CU8T MONITOR,24"CLASS,TOUCHSCREEN,HD 14 $ 2,475.00 5% $ 2,351.25 $ 32,917.50
7 UD-AB1K CABLE,DISPLAYPORTTODVI-D,1OFT 14 $ 40.00 5% $ 38.00 $ 532.00
8 UD-AB1F MOUSE,OPTICAL,USB,SCROLL WHEEL 14 $ 15.00 5% $ 14.25 $ 199.50
9 UD-AB1G KEYBOARD,104 KEY,USB 14 $ 185.00 5% $ 175.75 $ 2,460.50
10 UD-AB1D SINGLE FOOTS WITCH,USB,SYMPHONY 14 $ 255.00 5% $ 242.25 $ 3,391.50
11 UD-AB1M DESK MIC,DB9 14 $ 245.00 5% $ 232.75 $ 3,258.50
12 UD-AB1B JACK BOX,6 WIRE 28 $ 450.00 5% $ 427.50 $ 11,970.00
13 2C-CM22218-0305 HEADSET,OVER-THE HEAD SOLID BOOM 14 $ 280.00 5% $ 266.00 $ 3,724.00
14 CM-022218-001101 License,Vocoder 14 $ 100.00 26% $ 74.00 $ 1,036.00
15 MM1000D MANUAL,OP/INSTA/CONFIG,SYMPHONY,CD 14 $ 25.00 10% $ 22.50 $ 315.00
16 VS-CR1V ROUTER,ISR,C1111-4P 1 $ 1,250.00 5% $ 1,187.50 $ 1,187.50
17 VS-MN3X KIT,C1111 ROUTER SITE MTG 1 $ 156.00 5% $ 148.20 $ 148.20
18 VSCU3H SWITCH,CISCO 2960 PLUS 1 $ 1,454.57 5% $ 1,381.84 $ 1,381.84
19 VSMA6N KIT,MTG HDWR,CISCO 2960 MASTR IIIN CAB 1 $ 69.88 5% $ 66.39 $ 66.39
20 VS-CR1V ROUTER,ISR,C1111-4P 1 $ 1,250.00 5% $ 1,187.50 $ 1,187.50
21 VS-MN3X KIT,C1111 ROUTER SITE MTG 1 $ 156.00 5% $ 148.20 $ 148.20
22 VSCU3H SWITCH,CISCO 2960 PLUS 1 $ 1,454.57 5% $ 1,381.84 $ 1,381.84
23 VSMA6N KIT,MTG HDWR,CISCO 2960 MASTR IIIN CAB 1 $ 69.88 5% $ 66.39 $ 66.39
24 UD-SW1N SW,SYMPHONY PC APP&WIN 10 IMAGE 1 $ 200.00 26% $ 148.00 $ 148.00
25 DWC Installation DWC PM,Engineering,Installation,T&L 1 $ 96,730.00 0% $ 96,730.00 $ 96,730.00
Extended Total $ 585,999.56
Terms: Net 30 Days
Price valid until August 31,2019
Project deliverables,such as schedule and SOW will be mutually agreed upon and delivered after placement of order
Dailey-Wells Communications Confidential 5/28/2019 Page 1
Attachment C - Insurance and Bond Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE
COVERAGE
30-day advance written notice of Bodily Injury and Property
cancellation, non-renewal, material Damage
change or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
WORKERS'S COMPENSATION Statutory and complies with Part
(All States Endorsement if Company is not II of this Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of the
policy expiration dates. All notices under this Exhibit shall be given to City at the
following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations,
and activities of or on behalf of the named insured performed under contract
with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on
the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and
not less than ten (10) calendar days advance written notice for nonpayment
of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 7-D - IT Contracts - Hardware Installation
04/26/2019 Risk Management- Legal Dept.
Bond Requirements: No bond requirements necessary for this Service Agreement; therefore,
Section 5(8) is null for this Service Agreement.
Attachment D - Warranty Requirements
Warranty Requirements: All radio dispatch consoles are warranted for one year
from the date of acceptance.