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HomeMy WebLinkAboutC-3941 - Beach Camera Monitoring system for Corona del Mar State BeachL394I PURCHASE AND INSTALLATION CONTRACT WITH P A THOMPSON ENGINEERING COMPANY, INC. FOR CORONA DEL MAR BEACH CAMERA MONITORING SYSTEM THIS CONTRACT is made and entered into as of this 1st day of June, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and P A THOMPSON ENGINEERING COMPANY, INC., a California Corporation whose address is 2205 Fleetwood Drive Riverside, California, 92509 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement a remote beach camera monitoring system three beaches within the City's limits to assist the Police Department in monitoring these areas. C. City desires to purchase from Contractor seven (7) infrared video monitoring cameras manufactured by FUR ThermoVision and have Contractor deliver and install the cameras and all other equipment necessary to establish the remote beach camera monitoring system at the following three beaches: Corona del Mar State Beach, Little Corona, and Pirate's Cove ( "Project' or "Beach Monitoring System "). Contractor has agreed to install the Project by Friday, June 22, 2007. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract. E. Contractor has entered into a subcontracting agreement with On -Net Security Surveillance, Inc. to provide the IP Video Management Software necessary for the Project. F. City has the right to purchase an extended warranty from Contractor for all components of the Beach Monitoring System, extending the 1 -year manufacturer's warranty. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shall provide all of the equipment and perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class products and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all products and materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the equipment, software, labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the delivery of goods and performance of services under this Contract and Contractor shall deliver the goods and complete the Project within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Contract by City and assessment of damages as outlined in Section 2.1. Contractor shall commence installation of the Beach Monitoring System as soon as possible after this Contract has been executed by all of the parties. By no later than June 8, 2007, City shall complete that portion of its work which is necessary to allow Contractor to complete the Project. So long as City has completed this work by the June 8, 2007 deadline, Contractor agrees that the Project shall be completed and in good working order by June 22, 2007. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Contract on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars ($500.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on June 1, 2007 as described herein. Execution of this Agreement shall constitute agreement by the City and Contractor that Five Hundred Dollars ($500.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred, Thirty-Three Thousand, Eight Hundred, Twenty-One Dollars and 411100 ($133,821.41). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. Contractor shall receive compensation upon final acceptance of the Project by the City and evidence that all subcontractors and suppliers have been paid in full. City shall require that all subcontractors and suppliers submit written releases to prove they have been compensated by Contractor in full for their work and /or products. City shall not be required to pay any ongoing licensing or maintenance charges for the software, and software upgrades which are available without charge shall be made available to the City at no extra cost. 4. ADMINISTRATION This Contract will be administered by the Newport Beach Police Department. Lieutenant Bill Hartford shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the equipment and materials described in Exhibit A. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on 10 0 the Project, or the work of any subcontractor or supplier selected by the Contractor. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in performing this Project; including, without limitation, defects in workmanship or materials and/or design defects or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 6.6 The rights and obligations set forth in this Section shall survive the termination of this Contract. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 8. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 9. INSURANCE 0 Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Contract. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shalt require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. • 10. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 11. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 12. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 13. NOTICES All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Lieutenant Bill Hartford Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 • 0 Phone: 949 - 644 -3730 Fax: 949 -644 -3700 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Attention: Adam Thompson Thompson Engineering 2205 Fleetwood Drive Riverside, CA 92509 Phone: 951 - 784 -7270 Fax: 951 - 784 -5435 14. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 15. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 16. WAIVER A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. • 0 17. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 18. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govem. 19. AMENDMENTS This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 21. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 22. SOFTWARE LICENSE Contractor hereby grants to City, a perpetual, non - exclusive and non - transferable license to use for the internal business purposes of City any and all Software provided to City under this Agreement in accordance with the terms and conditions set forth in this Agreement. 23. INTELLECTUAL PROPERTY A. Contractor has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know -how, techniques, models, templates, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and 0 0 routines, and logic, coherence and methods of operation of systems (collectively, "Contractor Technology "). To the extent that Contractor uses any of its intellectual or other property in connection with the performance of its services, Contractor shall retain all right, title and interest in and to such property, and, except for the license expressly granted, City shall acquire no right, title or interest in or to such property. B. City has permanent ownership of all directly connected and derivative materials first produced under this Agreement in connection with the products and services provided by Contractor for delivery to the City, excluding any Contractor Technology contained therein. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor without the express written consent of the City shall use none of the documents, reports and other incidental or derivative work or furnished materials except in providing the Services hereunder. All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Agreement will at all times remain the property of the City. C. City shall have the right to use the trademarks and name of Contractor. 24. COMPUTER DELIVERABLES All system and project management documentation including (but not limited to: design documents, as -built documentation, working papers, test results, training materials and other written documents shall be delivered in hard copy and transmitted to City in an electronic version using Microsoft Office Products, including Microsoft Word, Excel and Project readable by City. 25. WARRANTY AND ONGOING MAINTENANCE SUPPORT A. General Warranty. Contractor hereby represents and warrants that the goods and services covered by this Contract are (1) free of liens or encumbrances, (2) merchantable and good for the ordinary purposes for which they are used, and (3) fit for the particular purpose for which they are intended. Acceptance of this Contract shall constitute an agreement upon Contractor's part to indemnify, defend and hold City harmless from liability, loss, damage and expense, incurred or sustained by City by reason of the failure of the goods and services to conform to such warranties. B. Specific Warranty. Contractor hereby represents and warrants that for a period of one year from the date of final acceptance, all equipment and software purchased under this Agreement shall be free of material defects and shall function in conformance with its published documentation and other specifications. All hardware and software purchased under this Agreement shall be warranted for a period of one (1) year from the date of delivery. 0 0 C. Extended Warranty. City has the right to purchase, within ninety (90) days of receipt of the signed contract, an extended warranty, as outlined in Exhibit B. D. Warranty of Title: Contractor represents and warrants that it owns the Software, or has a right to license the Software, as described in this Agreement and Exhibit A. E. Response Times: During the warranty period, the Contractor shall provide a 48 -hour response to a system deficiency. Routine Maintenance: During the lifetime of the Software, Contractor will, at no charge to the City, ensure that City is made aware of all downloadable updates and upgrades for the client/server system components. IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk PA CITY OF NEWPORT BEACH, A Municipal Corporation Omer Bludau, tity Manager for the City of Newport Beach THOE INEERING COMPANY, INC.: By: Name: ck A. Thompson Title: Chairman and Chief Financial Officer By: �tl Name: Kimber erry tcher Title: Vice President — Administration Attachments: Exhibit A - Scope of Services Exhibit B - Extended Warranty 0 0 EXHIBIT `A' TO CONTRACT WITH P A THOMPSON ENGINEERING COMPANY, INC. FOR A BEACH CAMERA MONITORING SYSTEM SCOPE OF SERVICES The work, labor, equipment and materials included within the scope of this proposal and any contract resulting from the acceptance of this proposal, are limited to the following items: AREA 1: PIRATE'S COVE QTY. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Flir SR19 Thermal Imaging Camera, fixed, 19mm F.L. $4,959.79 $4,959.79 1 Flir SR- 100NTSC Fixed Thermal Imaging Camera $17854.76 $17854.76 1 Sony SNT -V704 Network Video Server $807.56 $807.56 AREA 2: BIG CORONA QTY. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Mir PTZ -50MS NTSC PTZ Thermal Imaging Camera $19,794.39 $19,794.39 3 Flir SR19 Thermal Imaging Camera, fixed, 19mm F.L. $4,959.79 $14,879.37 2 Sony SNT -V704 Network Video Server $807.56 $1,615.12 AREA 3: LITTLE CORONA QTY. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Flir SR19 Thermal Imaging Camera, fixed, 19mm F.L. $4,959.79 $4,959.79 1 Sony SNT -V704 Network Video Server $807.56 $807.56 AREA 4: ALL AREAS QTV. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Lot West Penn 25806 RG 6!U Coaxial Cable, plenwn $1,068.51 $534.26 1 Lot Thompson 393S14BK 2C 14AWO Cable (Power) $244.78 $122.39 1 Lot Berk -Tek 10071496 4P24G CAT5e OSP flooded cable $386.72 $193.36 1 On -Net NETDVMS -BASE Base Software Package $3,385.82 $3,385.82 • i 1 On -Net SUP- NETDVMS -BASE Software Upgrade Program, BASE $676.75 $676.75 7 On -Net NETDVMS-IC Camera Licensing, per Camera $456.65 $3,196.55 7 On -Net SUP - NETDVMS -1C Software Upgrade Program, per Camera $90.51 $633.57 1 Extron PMP 12 Mounting Pole 12" S41.14 $41.14 1 Extron RCMP 100 Angled Mount Plate $92.57 $92.57 1 Extron FCMP44 Ceiling Mount Plate $72.00 $72.00 3 Bosch LTC9210 8" I Mount $65.82 $197.46 1 Bosch LTC 9230/DO Roof Parapet Mount $425.80 $425.80 1 Bosch LTC 9230 /01 Flat Roof Mount Adapter $159.29 $159.29 1 PATECO Material Miscellaneous Material $925.65 $925.65 2 PATECO MaVlLabor submittal Book, per copy $51.43 $102.86 2 PATECO Mat/Labor O&M Manual, per copy $205.70 $41 L40 PRICING: Material $76,849.21 Labor $56,972.20 Total Pricing $133,821.41 Thompson Engineering Company (TEC) will deliver and install all equipment listed above to the Corona Del Mar beachside site. The Scope of Work (SOW) is to establish a Security Surveillance System along the designated pathways and beachfront areas for the safety and security of the local community and its visitors. Cameras are designed to cover pathways, ingress/egress points and other areas of concern. The cameras are manufactured by Flir ThermoVision, and are capable of capturing imagines through smoke, fog, rain or total darkness. Cameras are to be tied into the Lan/Wan, as supported by the city network coordinator. Images are to be managed via IP Video Management Software manufactured by On -Net Security Surveillance Inc. Images are to be archived on a storage server provided by the user. Software is capable of capturing 1 -30 images per second on each camera simultaneously while recording at a resolution of 640x480. Software is also capable of handling multiple camera manufacturers and up to 50 cameras per server. TEC will install all cameras at the specified location and will address each of the cameras settings for optimal performance. The City shall be responsible to provide at each camera location; power, network accessibility, any necessary port forwarding and access beyond the firewall for programming, viewing and archiving. User to provide archive server. City to provide a scissor or bucket lift where necessary for installation of cameras. Additional cabling, structural engineering or permits will be at an additional cost. TEC will test the system to ensure that all systems are working properly and will instruct the user(s) on the operation of the system. ENGINEERING EXHIBIT `B' TO CONTRACT WITH P A THOMPSON ENGINEERING COMPANY, INC. FOR A BEACH CAMERA MONITORING SYSTEM Corona del Mar Surveillance System Warranty Thompson Engineering is pleased to offer an extended warranty for all components of the Corona del Mar Surveillance System. If selected, the warranty will extend the 1 -year manufacturer's warranty. All components installed by Thompson Engineering, which include cameras, encoders, software, mounts and cabling, will be covered under this warranty. Components are covered against defect only, and do not cover; theft, vandalism, misuse or lightning. Option 1 *2 -year parts and labor $14,981.89 Option 2 *3 -year parts and labor $39,732.45 Option 3 *3 -year parts only $34,732.45 *Warranty does not include a lift or scaffolding. Owner to supply a lift or scaffolding, if required. Warranty option must be purchased no later than 90 days after receipt of signed contract. P A Thompson Engineering Company, Inc., Hereby Proposes to furnish the above specified warranty. This proposal shall be deemed withdrawn ninety (90) days after date of signed contract unless a signed acceptance is delivered and actually received by P A Thompson Engineering Company, Inc., prior to the expiration of said ninety (90) day period. P A THOMPSON ENGINEERING COMPANY, INC. 2205 FLEETWOOD DRIVE • RIVERSIDE, CA 92509 • PHONE (951) 784 -7270 • FAX (951) 784 -5435 www.thompsone.com �I�6IN� R1N� By: Dennis Martinez Account Manager — Instructional Technology By: Adam P. Thompson Vice President — Sales and Engineering ACCEPTANCE OF PROPOSAL (BEFORE THIS PROPOSAL CAN BE CONSIDERED ACCEPTED, ALL TWO PAGES MUST BE FAXED OR MAILED BACK TO THOMPSON ENGINEERING) Option 1 Option 2 Option 3 The above price and scope of work are hereby accepted. In accepting this proposal, the undersigned acknowledges and agrees that the terms and conditions set forth on page 1 of this proposal are part of the terms hereof and the contract resulting from acceptance of this proposal. Date of Acceptance: Signature of Authorind ReMsentative 2205 FLEETWOOD DRIVE • RIVERSIDE, CA 92509 • PHONE (951) 784 -7270 • FAX (951) 784.5435 www.thompsone.com Fax from . BS -31 -H7 OF ID Jr DATE (MMADJYYYY) ACORD. CERTIFICAI� OF LIABILITY INSURANCe TNO�01 OS /31 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION United Agencies, Inc. (R) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0252636 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 E. Colorado Blvd. Ste. 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91101 NAIL# Phone:626- 449 -0301 Fax:626 -564 -6565 INSURERS AFFORDING COVERAGE INSURED RINSU�R . Lan ®atF yriia--- + -- . G m "i IOM. Co- of lwsiu PA Th jOn Engineering Co Inc . 2205 Fleetwood Drive Riverside CA 92509 : COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO WE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF My CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PCLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. LTN TYPE OF INSURANCE POLICY NUMBER DATE (MWDDNYI DATE (MMODlYY1 LIMBS EACH OCCURRENCE S1,000,000 A X GENERAL LIABILITY X COMMERCIALGENERALLWBILITY CLAIMS MADE NI OCCUR LHA130676 10/27/06 10/27/07 PREMISES (E. ...wW $50,000 RED EXP (Arty me Person) $ EXCLUDED PERSONA. B ADV INJURY $1,000,000 GENERAL AGGREGATE $ Z , 000,000 PRODUCTS- COMP/OPAGG $Z,000,OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY K TCTC LOC g AUTOMOBILE LIABILITY ANY AUTO 240CIOLS7020 10/27/06 10/27/07 COMBINED SINGLE LIMIT (Ea accld ) $1,000,000 X ALL OWNED AUTOS BODILY INJURY leer Person) $ SCHEDULED AUTOS HIPEDAUTOS BODILY INJURY (Per.wdeM) $ X X NON -OWNED AUTOS PROPERTY DAMAGE (Per w6dw $ AUTO ONLY - EA ACCIDENT $ GARAGE LABILITY MY AUTO EA ACC OTHER THAN AUTO ONLY. AGG $ $ EACH OCCURRENCE $ E%CESSNMBRELLA LIABILITY OCCUR El MADE AGGREGATE AGGREGATE $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ MY PROPRIETOR/PARTNER/EXECUTIVE OFFICER(MEMBER EXCLUDED? El DISEASE - POLICY LIMIT $ If yes, desenbe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSlON3 ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Ten days notice of cancellation for non. payment of premium. Subject to all policy terms, exclusions & conditions. City Of Newport Beach,its elected or appointed officers,officials,employees,& volunteers are named primary /additional insured as respect General Liability /Auto. Waiver Of Subrogation applies. Proj: Corona Del Mar Beach Camera Monitoring System NEWPOR9 I SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL city of Newport Beach IMPOSE NO OBLIGATION OR LMBILTIY OF ANY KIND UPON THE INSURER ITS AGENTS OR 870 Santa Barbara Dr REPRESENTATIVES Newport Beach CA 92660 77,- -- REPR IENTATAE 71 /7_ , , i Fax from 05 -31 -07 11:07 Pg i i This Endorsement Changes The Poky. Please Read M CareMlly. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of "your product' or 'your work" done under a written contract with that person or organization and included in the "product-completed operations hazard ". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 10/26/06 Forms part of Policy Number LHA130676 Issued to PA Thompson Engineering Co Inc by Endorsement No.: RSG 14048 0903 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. • 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT HW" 2 2 2011 Agenda Item No. 18 May 22, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Bob McDonell, Chief of Police, 949 - 644 -3701, BMcDonell @nbpd.org John Klein, Deputy Chief of Police, 949- 644 -3720, JKlein @nbpd.org Bill Hartford, Lieutenant, 949 - 644 -3730, BHartford @nbpd.org SUBJECT: AWARD CONTRACT FOR BEACH CAMERA MONITORING SYSTEM FOR CORONA DEL MAR STATE BEACH RECOMMENDATION: 1. Approve funding from the General Fund Unappropriated Reserve in the amount of $170,395 (which includes a 5% contingency for the project) for the installation of a remote beach camera monitoring system for the Corona del Mar State Beach, Little Corona, and the Wedge beach areas. 2. Approve the sole source purchase of the recommended system and related equipment from Thompson Engineering and the Dell Corporation. 3. Authorize the City Manager to execute a Professional Services Agreement with Thomson Engineering subject to the approval of the City Attorney. DISCUSSION: Background: On February 13, 2007, the concerning the potential to Police Department made a presentation to the City Council utilize a remote beach camera monitoring system at the Corona del Mar State Beach, Little Department in monitoring those areas The Police Department intends to use police officers in the designated beac activity that requires law enforcement level of security to area residents who Corona, and the Wedge to assist the Police primarily between the hours of 10 p.m. and 6 a.m. the camera system to more efficiently deploy our i areas by assisting in determining when there is attention. It would also serve to provide another have become concerned about the activity in their neighborhoods due to individuals who frequent the beach area during beach closure hours. • Beach Ca Monitoring System May 22, 2007 Page 2 The preliminary, very rough estimate originally presented to the City Council for `the camera system was $75,000. The estimate was provided by a vendor who is currently working on a remote camera project with another City department. After extensive testing of the latter vendor's proposed system under live conditions, it was apparent the system did not meet the requirements for use in nighttime, low -light conditions. Police Department personnel ultimately investigated solutions provided by a total of three vendors, with a fourth declining to submit a formal proposal based upon the sophisticated nature of their equipment and their knowledge that their solution would be beyond the scope and related cost that would make it viable. In the final analysis, only the solution and camera systems offered by Thompson Engineering provided a system that worked under the nighttime conditions that exist in the designated beach areas. The cost of the overall project is now $161,195; however, based upon the required live demonstration, we believe it will be effective. When the annual cost for the monthly Verizon charges are added to a 5% Project Contingency, the total projected cost of the installation will be $170,395. Proposals From Vendors Three vendors were contacted that design and install industrial camera systems that were on the surface, appropriate for our intended purpose. Representatives from those firms met separately with members of the Police Department's Patrol Division and Support Services Division and conducted a site survey at Corona del Mar State Beach, Little Corona Beach, and the Wedge. Each was required to conduct a one camera live demonstration during darkness using the equipment they recommended. The. following is a summary of their proposals: PRO 911 PRO 911 proposed a wireless mesh network system that would support five cameras (Sony SNC- RZ50N); two at Corona del Mar State Beach, two at the Wedge, and one at Little Corona Beach. For the nighttime application, infrared illuminators (IR) would be used to illuminate the locations in support of the five cameras. All five cameras would be integrated into video analytical software that would be monitored at the Police Department. A field test was conducted over several weeks using the wireless mesh network. Police Department staff found the wireless mesh network to be extremely unreliable for our needs. The staff also determined the cameras supported by the infrared illuminators did not provide the nighttime monitoring capability we need for this project, and the number of cameras did not give us sufficient coverage Siliconavenue.Com Siliconavenue.Com proposed a Local Area Network (LAN) system that would support 13 cameras, two pan /tilt/zoom (PTZ), and nine fixed cameras at Corona del Beach Camera Monitoring System May 22, 2007 Page 3 Mar State Beach, one PTZ at Pirate's Cove, and one PTZ at Little Corona Beach. For the nighttime application, infrared illuminators (IR) would be used to illuminate the target locations in support of the 13 cameras. All 13 cameras would be integrated into video analytical software that would be monitored at the Police Department. The 12 cameras at Corona del Mar State Beach and Pirate's Cove would interface with a LAN system that is currently wired into the Internet Protocol (IP) communications system at the Corona del Mar State Beach Lifeguard Headquarters. The one camera at Little Corona Beach would be interfaced with a LAN system that will have to be funded and installed by the City. Again, the staff determined the cameras supported by the infrared illuminators did not provide the nighttime monitoring capability we need for this project. Placing an extra camera at the Wedge would cost additional funds. Thompson Engineering Thompson Engineering proposed a LAN system that would support seven Forward Looking Infrared (FLIR) cameras. Thomson Engineering was referred to us by Bassett Sales, the exclusive representative of FUR equipment in the Orange, San Bernardino and Riverside County areas. Their proposal specifies a requirement for one FUR PTZ camera and three fixed FUR cameras at Corona del Mar State Beach, two fixed FUR cameras at the Wedge (one camera with enhanced zoom capability to monitor Pirate's Cove), and one fixed FUR camera at Little Corona Beach. The four FUR cameras at Corona del Mar State Beach would interface with the LAN system at the Corona del Mar State Beach Lifeguard Headquarters. The two FUR cameras at the Wedge would be supported by wireless line of sight equipment already owned by the Police Department. The wireless line of sight equipment would interface with the LAN system at the Corona del Mar State Beach Lifeguard Headquarters. The one FUR camera at Little Corona Beach would be interfaced with a LAN system that would have to be funded and installed by the City and is included in the price comparison in this report. All seven cameras, which will be mounted in weatherproof housing and integrated with video analytical software, will be monitored at the Police Department. We have been informed that there are no ongoing licensing /maintenance charges for the analytical software and free upgrades will be made available. The cameras are manufactured by FUR and have thermal imaging capability for both daytime and nighttime applications. After field- testing the FUR cameras, the Police Department's staff believes they provide the optimal monitoring capability for both nighttime and daytime applications. (During our Council presentation, the Department will provide Council with the visual image seen during the hours of darkness with the proposed equipment.) In our research, Thompson Engineering was the only vendor whose equipment, system reliability, maintenance, and support met the uncompromising criteria for this project. • Beach Ara Monitoring System May 22, 2007 Page 4 Camera Placement The actual final placement of each camera at each of the designated locations will be dependant upon the viewing angle seen in a "live mode," which would allow members of the Police Department and the installers to view each camera's transmissions to determine the best position to allow optimum coverage of each impacted area. (A series of preliminary camera site placement maps are included with this report.) Video Analytical Software Video analytical software will be a key component of this project. The software is integrated into the monitoring system and is based on the enlargement of digital pixels by large moving objects (such as subjects walking on the beach). The software allows boundaries to be established, and in the event the boundary is crossed by an individual or individuals, the digital pixels would be enlarged and the notification system /recording system would be activated. Currently, the monitoring system would be integrated into the Police Department's computer system, accessible by both our Dispatch workstations as well as by the Watch Commander. (As the bandwidth of our Mobile Data Computers improves, we hope that in the future our field units responsible for the Corona Del Mar and Peninsula Point areas may be able to access the images from their patrol vehicles.) Once the notification system activates, dispatchers in the Communications Center can pull .up the real -time image being captured by the beach cameras on their computer monitors and relay the information to responding officers. Any video images recorded by those cameras must be retained for one year due to legal storage requirements. Little Corona Beach Currently, Little Corona Beach does not have LANMAN (wireless area network) capability or a power source to support a beach camera. With the installation of a CAT -5 cable and a 110 -volt power source, a beach camera can be supported. The CAT -5 cable can support Voice Over IP through a Direct Service Line (DSL). The cost for the installation of the CAT -5 cable by the City's Communications Department has been estimated at $5,000 to $10,000. A one -time cost of $363 will be assessed to install the DSL software and equipment by Verizon. An additional monthly charge of $95 will be needed for the Verizon DSL service. Those additional costs, including the monthly charge, are included in the recommendation provided. Server /Storage The Police Department will have to purchase additional computer server and storage capability to support this project. The Department's computer supplier, Dell Computer, reviewed the requirements and provided a quote in the amount of $16,899 (including tax) for the required server. By using equipment manufactured by our current supplier, the Department will be able to seamlessly integrate it into our current IT operation. • Beach Omera Monitoring System May 22, 2007 Page 5 Quoted Proposals for Beach Camera Monitoring System Vendor Cam era/lnstallation ServerlStorage DSL/Little Corona Total Cost PRO 911 $ 80,000 $ 16,899 $ 0 $ 101,744* Thompson En $ 133,933 $ 16,899 $ 10,363 $ 170,395 ** Siliconavenue $ 139,000 $ 16,899 $ 10,363 $ 174,575* *Includes 5% Project Contingency "Includes 5% Project Contingency and annual Verizon monthly charge ($1,140) Privacy of Area Residents To ensure the privacy of the residents that border the impacted areas, the camera system will be either electronically masked or physically masked (or a combination of both), preventing the observation or monitoring of any area residences. Residents will be invited to view the completed installation to be reassured of their privacy. The Police Department will establish a written policy that would limit the use of the beach cameras to Department business and would mandate the cameras be used to observe public areas only. Conclusion Any public camera system for law enforcement purposes should be considered an additional tool to assist in the more efficient allocation of our personnel resources. In the case of the beach area, cameras would provide officers information about where those resources should be deployed when individuals are seen frequenting the beach areas during beach closure hours. Cameras would not replace the need for officers to patrol the beach area as part of their overall responsibilities and will not be monitored constantly; however, they can provide the ability to quickly survey the covered beach area at the request of a patrol officer or in response to an electronic notification of activity in the designated beaches during beach closure hours. Environmental Review: N/A Public Notice: None Funding Availability: General Fund Unappropriated Reserve Prepared by: Bill Hartford, Lieutenant Patrol Division • Beach Camera Monitoring System May 22, 2007 Page 6 Submitted by: Bob McDonell CHIEF OF POLICE Attachment: Maps of Camera Locations Formal Proposal by Thompson Engineering Dell Corporation Quotation 9 i as CA State Lk No 00665844 May 11, 2007 Proposal Submitted To: Mr. Thomas Encheff Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Phone 949 -644 -3640 Fax 949 -644 -3693 SCOPE OF WORK: 0 PROPOSAL #DM138 -5 Corona del Mar Beach Project Name: CCTV System Project Location: Corona del Mar Beach CCTV System The work, labor, equipment and materials included within the scope of this proposal and any contract resulting from the acceptance of this proposal, are limited to the following items: AREA 1: PIRATE'S COVE QTY. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Ffir SR19 Thermal Imaging Camera, fixed, 19mm F.L. $4,959.79 $4,959.79 1 Fiir SR -100 NTSC Fixed Thermal Imaging Camera $17,854.78 $17,854.76 1 Sony SNT -V704 Network Video Server $807.56 $807.56 AREA 2: BIG CORONA CITY. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Flir PTZ -50MS NTSC PTZ Thermal Imaging Camera $19,794.39 $18794.39 3 Flir SR19 Thermal Imaging Camera, fixed, 19mm F.L. $4,959.79 $14879.37 2 Sony SNT -V704 Network Video Server $807.56 $1,815.12 AREA 3: LITTLE CORONA QTY. MANUFACTURER MODEL NO. DESCRIPTION PRICE PRICE EXT 1 Flir SR19 Thermal Imaging Camera, fixed, 19mm F.L. $4,959.79 $4,959.79 1 Sony SNT -V704 Network Video Server 1 $607.56 $807.58 Page 1 of 5 2205 FLEETWOOD DRIVE • RIVERSIDE, CA. 92509 PHONE (951) 784 -7270 • FAX (951) 784 -5435 Copyright 2006- 2005 P A Thompson Engirre mg Comr , Inc. 0 r E NE - AREA 4: ALL AREAS 0 PROPOSAL #DM138 -5 Corona del Mar Beach CCTV System QTY. MANUFACTURER MODEL W. DESCRIPTION PRICE PRICE EXT 1 Lot West Perm 25806 RG 6/U Coaxial Cable, plenum 51.088.51 $534.26 1 Lot Thompson 393S14BK 2C 14AWG Cable (Power) $24418 $122.39 1 Lot Beric-Tek 10071496 4P24G CAT5e OSP flooded cable $386.72 $193.36 1 On -Net NETDVM &BASE Base Software Package $3,385.82 $3,365.82 1 On -Net SUP- NETDVMS- BASE Software Upgrade � rad Program, BASE $676.75 $676.75 7 On-Net NETDVMS -1C Camera Licensing, per Camera $456.65 $3,196.55 7 On-Net SUP- NETDVMS -1C Saflware Upgrade Program, per Camera _ $90.51 $633.57 1 Extron PMP 12 Mounting Pole 12" $41.14 $49.14 1 Extron ACMP 100 Angled Mount Plate $92.57 $92.57 1 Exton FCMP44 Ceiling Mount Plate $72.00 $72.00 3 Basch LT09210 8" J Mount $65.82 5197.48 1 Bosch LTC 9230/00 Roof Parapet Mount $425.80 $425.80 1 Bosch LTC 9230!01 Flat Roof Mount Adapter 3159.29 $159.29 PRICING: Material $76 849.21 Labor $56,972.20 Total Pricing 821.41 Thompson Engineering Company (TEC) will deliver and install all equipment listed above to the Corona Del Mar beachside site. The Scope of Work (SOW) is to establish a Security Surveillance System along the designated pathways and beachfront areas for the safety and security of the local community and its visitors. Cameras are designed to cover pathways, ingresslegress points and other areas of concern. The cameras are manufactured by Flir ThermoVision, and are capable of capturing imagines through smoke, fog, rain or total darkness. Cameras are to be tied Into the Lan/Wan, as supported by the city network coordinator. Images are to be managed via IP Video Management Software manufactured by On -Net Security Surveillance Inc. Images are to be archived on a storage server provided by the user. Software is capable of capturing 1 -30 images per second on each camera simultaneously while recording at a resolution of 640X480. Software is also capable of handling multiple camera manufacturers and up to 50 cameras per server. TEC will install all cameras at the specified location and will address each of the cameras settings for optimal performance. The City shall be responsible to provide at each camera location; power, network accessibility, any necessary port forwarding and access beyond the firewall for programming, viewing and archiving. User to provide archive server. City to provide a scissor or bucket lift where necessary for installation of cameras. Additional cabling, structural engineering or permits will be at an additional cost. TEC will test the system to ensure that all systems are working properly and will instruct the user(s) on the operation of the system. 2205 FLEETWOOD DRIVE • RIVERSIDE, CA. 92509 PHONE (951) 784 -7270 - FAX (951) 784 -5435 CWWIght 204- 2006 P A Thompson EngireerMg Ci y. Inc 0 ADDITIONAL NOTES: E R PROPOSAL #DM138 -5 Corona del Mar Beach CCTV System 1. Installed as specified to AC power outlets, %" plywood backboards, terminal cabinets, standard electrical back boxes, conduit systems, and sleeves provided and installed by others as specified by P A Thompson Engineering Company, Inc. 2. This price does not include cable support hooks (J- Hooks) unless specifically stated below. 3. Price excludes any required Fire - stopping applications, materials, devices, caulking, or sleeves. 4. Price excludes any demolition, patching, or repair unless otherwise noted. 5. If any cabling is to be run open in the attic space, this proposal assumes that we will have unrestricted access to the attic space. If the ceiling tie is installed before the associated conduit systems and sleeves are completed and before we are directed to proceed with the installation of the cabling, there will be an additional charge to cover our increased labor costs. 6. Rauland Borg manufactured products carry a five -year warranty. All other equipment and labor is warranted for one year. 7. Price excludes any permit fees. B. Quoted price does not include Performance and Payment Bond: add 1.7% to the quoted price if Performance and Payment Bond is required. 9. Thompson Engineering does not routinely provide a CG20101186 insurance endorsement. If one is required there will be an additional charge of $1,000.00. 10. Thompson Engineering maintains general liability insurance with a $2M general aggregate limit. If additional coverage is required for this project, there will be an additional cost. 11. If Thompson Engineering is required to provide Professional Liability insurance for this project, there will be an additional cost. 12. This proposal does not anticipate that an Owner Controlled Insurance Program will be in effect for this project. If an OCIP is in place or is put in place for the job, there will be an additional cost to cover the administrative costs which Thompson Engineering will incur for the OCIP enrollment, reporting, and record keeping. 13. The price quoted in this Bid /Proposal anticipates that acceptance by the customer will result in a new contract between the customer and Thompson Engineering. Should the customer wish to have this work performed as a change order to an existing contract with Thompson Engineering, there will be an additional charge to cover the increased administrative costs which will be incurred by Thompson Engineering; in that event the customer should contact Thompson Engineering for a revised cost proposal. Page 3 of 5 2205 FLEETWOOD DRIVE • RIVERSIDE, CA. 92509 PHONE (951) 784 -7270 • FAX (951) 784 -5435 C pyrgN 2004- 2005 P A Thompson eginee mCanp .Inc. 0 �ES INEERIN6 PROPOSAL #DM138 -5 Corona del Mar Beach CCTV System P A Thompson Engineering Company, Inc., Hereby Proposes to furnish the above specified work, labor, equipment and materials for the sum of. One Hundred Thirty -Three Thousand, Eight Hundred Twenty - One Dollars and 411100 133 821.41. Additional terms and conditions are as set forth on page 5 of this proposal. This proposal shall be deemed withdrawn thirty (30) days after date unless a signed. acceptance is delivered and actually received by P A Thompson Engineering Company, Inc., prior to the expiration of said thirty (30) day period. P A THOMPSON ENGINEERING COMPANY, INC. Vice President — Sales and Engineering ACCEPTANCE OF PROPOSAL @EFORE THIS PROPOSAL CAN BE CONSIDERED ACCEPTED ALL FIVE PAGES M T BE FAXED OR YA I PD BACK TO THOMPSON ENGINEERING) The above price and scope of work are hereby accepted. In accepting this proposal, the undersigned acknowledges and agrees that the terms and conditions set forth on page 5 of this proposal are part of the terms hereof and the contract resulting from acceptance of this proposal. Date of Acceptance: Signature of Authorized Representative Page 4 of 5 2205 FLEETWOOD DRIVE • RIVERSIDE, CA. 92509 PHONE (951) 784 -7270 • FAX (951) 784 -5435 Cawnght 2x04 -2=P A TeanpmE, ineaNCort y,b , N6INEEN�IN6 PROPOSAL #DM138 -5 Corona del Mar Beach CCTV System Additional Terms and Conditions t. PAYMENT OBLIGATIONS - Payment shall be made to P A Thompson Engineering Company, Inc. ( "PATEGM on a monthly basis. Each monthly payment shall be equal to 90% of the value of the work In place on the last day of the calendar month covered by the billing from PATECO Monthly progress payments shall be made to PATECO within 30 days after the date of its billing for the progress payment in question. Final payment, including all withheld retention, shag be paid to PATECO on the earlier of (a) the data a corresponding final payment is paid by the owner or general contractor to the parry accepting this proposal, or (b) the date of commissioning or activation of any equipment supplied or installed by PATECO and sufficient to obtain a certificate of occupancy for the building or buildings in question. 2. REMEDIES FOR BREACH - In the event of breach of this agreement the non - defaulting party shall be entitled to the following remedies, which are in addition to any other remedy to which it may be entitled, in law or in equity, that is riot inconsistent with the remedies set forth herein: a. Breach of Payment Obligation - In the event PATECO is not paid in accordance with the provisions of this agreement, PATECO shall have the right to cease work on the project in question and to withhold delivery of all materials unfit such time as the payments due under the terns of this agreement are made current. In the event final payment is due on the date of commissioning or activation of any equipment supplied or installed by PATECO, PATECO shalt be entitled to demand reasonable assurances from the parry accepting this proposal that payment shall be made on the date of such commissioning or activation. "Reasonable assurances" shall include, but are not limited to, identification by the party accepting this proposal of the source or sources of funds from which he or she intends to make final payment on the date of commissioning or activation of the equipment in question. Any past due balance owed to PATECO shall accrue interest at the rate of 10% per annum, until paid. b. Breach of Performance Obligation - In the event the parry accepting this proposal believes PATECO has breached its obligations under the terms of this agreement, it shall give written notice to PATECO of the alleged breach by PATECO and demand PATECO cure the same within ten (10) days after its receipt of such notice. Said notice shall be sent via facsimile transmission or via U.S. certified mail, return receipt requested, to the address or phone number set form for PATECO in this agreement. In the event the party accepting this agreement does not give notice of an alleged breach within fifteen (15) days of the date said party knew or should have known of the facts and circumstances giving rise to such claim of breach by PATECO, any claim against PATECO resulting from such facts or circumstances shall be deemed waived. o. Cancellation Fee - In the event construction of the project identified on the first page of this agreement is canceled, the party accepting this proposal shall be gable for all costs incurred by PATECO In reliance upon acceptance of this proposal, including but not limited to all restocking fees assessed to PATECO by third parties, plus PATECO's anticipated profits pro -rated to the proportion of work completed under this agreement as of the date of cancellation. d. Attomeys' Fees - In the event of any litigation or arbitration between the parties to this agreement, the successful or prevailing party shall be entitled to an award of reasonable aftomeys' fees in addition to any other relief to which that party may be entitled. 3. WARRANTIES AND LIMITATIONS - PATECO warrants that the materials and equipment supplied by it are new, unless otherwise stated herein, and are provided and installed in a good and workmanlike manner. Except as is otherwise expressly stated herein, PATECO does not make any warranty, express or Implied, concerning the work, labor, equipment or materials provided by it under the terms of this agreement, and expressly disclaims any warranty of merchantability or fitness for any particular use. Furthermore, once PATECO has provided all or any portion of the work, labor and/or materials required under this proposaVagreemem, the risk of loss, damage and/or theft of such work, labor and/or materials transfers to the party accepting this proposallagreement as of the date such work, labor and /or materials Is put in place or otherwise stored on the project site. 4. SCHEDULING - The work required of PATECO under this agreement shag be performed in accordance with the terns of a written schedule mutually acceptable to the parties hereto, which acceptance shall be manifest by countersigning copies of said written schedule. In the absence of a mutually agreed upon written schedule, PATECO shall perform its obligations within a reasonable time using a standard size crew working regular work hours. Once it commences work, PATECO shall be provided access to the project such as will permit it to complete its work, without interruption, delay or re-mobilization. Under no circumstances shall PATECO be responsible for delay damages or other losses or consequential damages resulting from delay on its part 5. INDEMNIFICATION - The party accepting this proposal shall indemnify, defend, and hold PATECO, and its officers, directors and employees, harmless from and against any and all claims, demands, liabilities and losses, of every nature whatsoever, arising out of or relating to the project identified in this agreement and /or the work of PATECO thereon, except insofar as such claim, demand, liability or loss is attributable to the sole negligence of, or breach of this agreement by, PATECO. 6. INTEGRATED AGREEMENT - This proposal, it accepted, shall be the final written expression of the agreement between the parties concerning all work, labor, equipment and/or materials to be supplied by PATECO to the project in question. This agreement can only be modified by a subsequent written agreement signed by both parties. PATECO shall be under no obligation to provide any work, labor, equipment or materials beyond that described herein, unless the same is pursuant to a written agreement between the parties concerning such work. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING THE CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS STATE LICENSE BOARD P.O. BOX 26000 SACRAMENTO, CALIFORNIA 95826 Page 5 of 5 2205 FLEETWOOD DRIVE • RIVERSIDE, CA. 92509 PHONE (951) 784 -7270 • FAX (951) 784 -5435 Copyright 2006 -2005 P A Thw"m E%marirg Cm PefW, Ma DELL I Date: 2123107 4:34 :11 PM 0 QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 0 QUOTATION 350048105 5374660 N39913664 NASPOJWSCA # A63307 2123107 NEWPORT BEACH POLICE DEPT Product Subtotal: $8,994.54 Tax: $697.08 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: I GROUP: • UANTITY: 1 SYSTEM PRICE: $8,994.54 GROUP TOTAL: Base Unit: Powervautt MD1000, Rack, 3U, 1S Bay External SASISATA Storage Array with Locking Bezel (222 -2299) Hard Drive: 5 X 750GS 7.2K SATA2 HDD Universal (341.4433) Hard Drive Controller. Two Enclosure. Management Modules, PowarVault MD11000 SASISATA (420.6220) Cable: SAS Cable, 2 Meter, MDx000 (310 -7093) Additional Storage Products: 75OGB 7.21K SATA2 HDD Universal (341.4432) Controller Option: Customer already has a PERCSIEControiler Card (Required to operate MD1000) (341 -3154) Feature Rapid Rails for Dell, or othersquare Hole Racks, MDxx00 (310 -7080) Service: Gold Enterprise Support: Enterprise Expert Center, TAM, Enterprise Command Center 3 Year (902-9662) Service: Premier Enterprise On Demand Engineer Dispatch Severity 1 Three Years (983-6088) Service: Type 2 Contract - Sam Day4 -Hour 7x24 Parts and LaborOn-Site Response, Initial Year (902- 6270) Service: Thank You for buying Dell (983.2207) Service: Type 2 Contract - Same Day4 -Hour 7x24 Parts and LaborOn -Site Response, 2 YearExtanded (902 -6072) Service: Please visit W W W.Dell.COM (983 -2217) service: Premier Enterprise Support - Complex Resolutions wlAdvancedSo(tware Support - 3 Pack -Exp. 3 Years (950 -0117) Installation: Dell Phone Assisted Installation, PowerVautt MD10XX (to schedule, please call 800-945 -DELL or 800 - 946-3365) (983 -7217) Mlsc: Single Blank Hard Drive Filter 1341.3161) Mac: 75OGB 7.21K SATA2 HDD Universal (3414432) Mlsc: 75OGB 7.21K SATA2 HDD Universal (3414432) Mlsc: 75OGB 7.2K SATA2 HDD Universal (3414432) Mlac: Five Blank Hard Drive Filters (341 =3152) SALES REP: Derek Shade - 7AM -5PM CT Mon -Fri PHONE: 1- 800 - 8793355 Email Address: Derek_Shade @Dell.com Phone Ext: 72 -80421 or your convenience, your sales representative, quote number and customer number have been icluded to provide you with faster service when you are ready to place your order. You may also lace your order online at mam.dell.com/quote Page 1 of .le: / /C:\Documents and Settingslcindy coleman \Local Settings \Temporary Internet Fi1es \0LK752 \CDM St... 5/15/200; • • Page 2 of Jnless you have a separate agreement with Dell, the terms and conditions found at ittp:liftpbox.us. dell. com /slg /resellersiresellertcs.htm shall govern the sale and resale of the Products and Services 'eferenced in this quotation. prices and tax rates are valid in the U.S. only and are subject to change. "'Sak -Vuse tax is a destination charge, i.e. based on the "ship to" address on your purchase order. 2 /ease indicate your taxability status on your PO. If exempt, please fax exemption cerdricate to 7ellTax Department at 512- 283 -9276, referencing your customer number. f you have any questions regarding tax please call 800 -433 -9019 or email Tax Department@dellcom. " 111 product and pricing information is based on latest information available. Subject to change without iodce or obligation. .CD panels in Dell products contain mercury, please dispose properly. )lease contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal Vtions at US_Dell_ARS_Requests @dell.com. Minimum quantities may apply. shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your nvolce as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL vww.del l.comfenvironmentaifee 1e: / /C:1Documents and Settings\cindy coleman\Local Settings \Temporary Internet Fi1es10LK7521CDM St... 5/15 /200, DELL 1 Date: 2123107 4:34:12 PM 0 QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 0 QUOTATION 350047850 5374660 N39913654 NASPOJWSCA # A63307 2123/07 NEWPORT BEACH POLICE DEPT Product Subtotal: $5,760.56 Tax: $446A7 Shipping & Handling: $0.00 Shipping Method: Groundl Total Number of System Groups: 1 GROUP: tl UANTITY: 1 SYSTEM PRICE: $5,760.56 GROUP a t Base Unit: Dual Core Xeon Processor 5160 4MB Cache, 2.66GHz, 1333MHz FSB, PE 1950 (222-3382) Processor. Dual Core Xeon 2nd Processor 5150, 4M8 Cache, 2.SSGHz 1333MHz FSB, PE 1950 (311.6211) Memory: 2GB 533MHz (4x512MB), Single Ranked DIMMs (311 -6727) Keyboard: No Keyboard Selected (310.6017) Video Card: Broadcom Dual Port TCPIIP Offload Engine Key Not Enabled (430 -1748) Video Memory: Riser with 2 PCIe Slots for PowerEdge 1950 (3204648) Hard Drive: 73G8, SAS, 3.5 -Inch 16K RPM Hard Drive (341 -3029) Hard Drive Controller. PERC 50, integrated Controller Card (341 -3094) Operating System: No Operating System (420 -6320) Mouse: Mouse Option Norte (310.0024) NIC: Dual Embedded Broadcom NetXtreme 11 6708 Gigabit Ethernet NIC (430 -1762) Modem: Dell Remote Access Card, Sth Generation for PowerEdge Remote Management (313 -3938) CD-ROM or DVD -ROM Drive: 24X IDE CD- RWfDVD ROM Drive for PowerEdge Servers, All OS (313 -3918) Sound Card: Bezel for PE 1960 (313 -3937) Speakers: 1x2 Backplane for 3.5 -inch Hard Drives (3113755) Documentation Diskette: Electronic Documentation and OpenManage CD Ki6 PE1950 (310 -7962) Additional Storage Products: 73GB, SAS, 3.6 -inch 16K RPM Hard Drive (341-3029) Controller Option: PERC61e SAS RAID Controller, 2x4 Connectors, External, PCIe (341 -3023) Feature Integrated SASISATA RAID 1 PERC 611 Integrated (341 -3094) Feature Sliding RapidrVerss Rails and Cable Management Arrn,Universal (341-3090) Service: Premier Enterprise SupportService Gold Welcome Letter (310.3788) Service: GOLD Enterprise Support: 4 Hour 7x24 Onsite Service with Emergency Dispatch,2 YR Ezt (960- 7442) Service: GOLD Enterprise Support: 7x24 Escalation Manager, Hw/Sw TechPhone Support, Enterprise Com mend Center, 3Yr (960 -7862) Service: GOLD Enterprise Support: 4 Hour 7x24 Omits Service with Emergency Dispatch,init YR (970- 3630) Service: Deli Hardware Warranty Plus Onsite Service Initial YR (984 -1519) Service: Deli Hardware Warranty, Extended YR (984-1528) Installation: On-Site Installation Declined (900 -9997) Misc: Redundant Power Supply with Y-Cord for PowerEdge 1960 (310 -7461) Page 1 d'< Iile: / /C: \Documents and Settings\cindy coleman \Local Settings\Temporary Internet Fi1es \0LK752 \CDM S... 5/15/200, Page 2 of SALES REP: I Derek Shade - 7ANPM CT Mon -Fri I PHONE: Email Address: I Derek_Shade@Dell.com I Phone Ext: 172-80421 1 'or your convenience, your sales representative, quote number and customer number have been ncluded to provide you with faster service when you are ready to place your order. You may also dace your order online at www.dell.comlauote lnless you have a separate agreement with Dell, the terms and conditions found at ittp : //ftpbox.us. dell. com /sig /resellers /resellertcs.htm shall govern the sale and resale of the Products and Services eferenced In this quotation. prices and tax rates are valid in the U.S. only and are subject to change. "Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. pease indicate your taxability status on your PO N exempt, please fax exemption certificate to )oil Tax Department at 512 -283 -9276, referencing your customer number. f you have any questions regarding tax please call 800 -433 -9019 or email Tax�_Department@deii.com. *" 111 product and pricing information is based on latest information available. Subject to change without iotice or obligation. .CD panels in Deli products contain mercury, please dispose properly. Tease contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal iptions at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your nvoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL rww.del I.comlenvironmentalfee le://C:1Documents and Settings \cindy coleman\Local Settings \Temporary Internet Files \OLK752 \CDM S... 5/15 /200, North PAikidg. Lot Fixed q,,.. V -3 Solut h Paikinglot- Fixed; 47 q0 -SM ' iEdfiid adeb 41 �IN 4. al m Per' - LR, 4 17, Fire Ring Fixiid 0 24ft Page 2 of SALES REP: I Derek Shade - 7AM19PM CT Mon -Fri I PHONE: Email Address: I Derek_ShadeODell.com I Phone Ext: 1 72 -80421 1 -or your convenience, your sales representative, quote number and customer number have been nciuded to provide you with faster service when you are ready to place your order. You may also )[ace your order online at www.dell.comlquote Jnless you have a separate agreement with Dell, the terms and conditions found at rttp:l/ftpbox.us. dell. com /siglresellemiresellertcs.htm shall govern the sale and resale of the Products and Services eferenced in this quotation. )rices and tax rates are valid in the U.S. only and are subject to change. 'Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. 2 1ease indicate your taxability status on your PO. if exempt, please fax exemption certificate to Jell Tax Department at 512- 283 -9276, referencing your customer number. (you have any questions regarding tax please call 800 - 433 -9049 or email Tax—Department@dell.com. ** 111 product and pricing information is based on latest information available. Subject to change without iotice or obligation. .CD panels in Dell products contain mercury, please dispose property. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal )ptions at US_Dell_ARS_Requests @dell.com. Minimum quantities may apply. shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your nvoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL rww.doll.com/environmentalfee le:/ /C:\Documents and Settings \cindy coleman\Local Settings \Temporary Internet Files \OLK752 \CDM S... 5/15/200; OCEAN BLVD Wedge Access Wedge y Wy of Newport Beach• NO. BA- 07BA -074 BUDGET AMENDMENT 2006 -07 AMOUNT: $170,395.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues HX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from General Fund unappropriated fund balance for the installation of a beach camera monitoring system at Corona del Mar State Beach. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $170,395.00 REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 1850 General Fund CIP - Automation & Communication Account Number C1820980 Beach Camera Monitoring System $170,395.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatfc System Entry. Signed: al Approval: Administrati Services Director Date Signed: /u- . Administrative App al: City Manager Z Da Signed: City Council Approval: City Clerk Date