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HomeMy WebLinkAboutStaff Report 230-08City of Palo Alto C ty Manager’ Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: POLICE DEPARTMENT JUNE 16, 2008 CMR:230:08 APPROVAL OF A CONTRACT AMENDMENT BETWEEN THE CITY OF PALO ALTO AND TELECOMMUNICATIONS ENGINEE~NG ASSOCIATES (TEA) IN AN AMOUNT OF $128,930 PER YEAR FOR ANNUAL MAINTENANCE SERVICES OF RADIO INFRASTRUCTURE FOR FIVE YEARS RECOMMENDATION Staff recommends that the City Council authorize the City Manager to execute an amendment extending the contract with Telecommunications Engineering Associates (TEA) in the amount of $128,930 per year. The contract will provide for annual maintenance services for the City’s radio infrastructure and related console radio equipment. BACKGROUND As part of the Fiscal Year 2003-05 budget process, the Police Department proposed contracting out portions of the City’s Radio Shop as part of its cost-cutting efforts. The contracting enabled the elimination of a full-time Comrnunications Technician and outsourcing of the related engineering and maintenance services. This was approved by City Council as part of the budget process in June 2003. On June 24, 2003, the Police Department executed a five-year contract (Contract No. $3147499) with Telecommunications Engineering Associates in the amount of $51,008 for Fiscal Year 2003-04, $56,996 for Fiscal Year 2004-05, and $99,338 for Fiscal Years 2005-2008 for professional maintenance and repair services for the City’s two-way radio infrastructure and related console equipment (CMR:295:04). The increased costs were related to additional equipment added for maintenance coverage under the contract. Since 2003, TEA has provided quality engineering and maintenance services to the City of Palo Alto. As such, the Police Department is seeking sole-source approval by the Council for the CMR:230:08 Page 1 o1"3 agreement because of TEA’s excellent service, high-quality work product, and thorough knowledge of the City’s current radio systems, its equipment, how the telecommunications systems are intercom~ected and function, and due to their more than 25 years of experience installing and maintaining these types of systems. TEA also provides maintenance services under contract for the Cities of Los Altos and Mountain View. Since the public safety personnel from each of our three jurisdictions interact nearly daily for law enforcement and fire operations, there is an additional benefit of using the same vendors maintaining our systems as personnel operate on all three radio systems. DISCUSSION It is imperative that the City’s radio infrastructure and related equipment be maintained and equipment engineered and installed at the highest levels of service. Continuing to contract out these services provides a more efficient means of meeting the service level demands of the user departments and a more cost-effective approach for delivering these essential services. Through the extension of this contract for an additional five years, TEA would continue to provide professional telecommunications engineering services to maintain the City’s radio infrastructure and related equipment 24 hours a day, 365 days a year. All equipment covered under this agreement ~vill be maintained by TEA and kept in premium working condition, utilizing contemporary industry standards and modem preventative maintenance techniques. Staff feels that it would not be cost-effective for the City to conduct another competitive bid process as it would take several months to complete a competitive bid process. Continuing to receive high-quality maintenance services through the TEA a~eement will ensure that our first responders and other users of the City’s radio systems will be able to operate on radio systems that are well-maintained and reliable. RESOURCE IMPACT The annual cost of $128,930 is covered in the Police Department’s operating budget. By entering into an extension, the City receives a reduction of two percent per year, for a maximum of 10 percent rnonthty cost reduction. The annual maintenance cost of $128,930 will remain constant for the duration of the five-year a~eement. POLICY IMPLICATIONS This amendment is consistent with existing City policy, including the City Manager’s commitment to cost-saving efforts. CMR:230:08 Page 2 of 3 ENVIRONMENTAL REVIEW: This contract is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301 of the CEQA guidelines. PREPARED BY: CHARLES CULLEN Acting :ctor, Police Technical Services REVIEWED BY: CITY MANAGER APPROVAL: LYNNE Police Chief STEVE EMSLIE/and KELL/Y MORARIU Deputy City Managers CMR:230:08 Page 3 ot"3 ATTACHMENT SUMMARY PAGE Attachment A - Amendment No. Two to Agreement No. $3147499 Exhibit A - Scope of Services Exhibit B - Facilities Management & Maintenance for Contract Exhibit C - Original Agreement No. $3147499 (June 2003) Exhibit D - Amendment No. One to Agreement No. $3147499 (June 2004) Exhibit E - Statement of Services (June 2003) Exhibit F - Original Facilities Management & Maintenance for Contract (June 2003) Exhibit G - Amendment One Facilities Management & Maintenance for contract (June 2004) ATTACHMENT A ~MENT NO.TWO TO AGREEMENT NO.$3147499 BE~EEN THE CITY OF PALO ALTO AND TELECOMMUNICATIONS ENGINEERING ASSOCIATES FOR PROFESSIONAL TELECOMI~7!NICATION SERVICES This Amendment No.Two to Agreement No. $3147499 ("Agreement") is entered into , by and between the CITY OF PALO ALTO, a California chartered municipa! corporation ("CITY"), and TELECOM@[UNICATIONS ENGINEERING ASSOCIATES, a California corporation, located at 1160 Industrial Road, San Carlos, CA 94070 (~CONTRACTOR"). RECITALS: WHEREAS, on January 24, 2003 a contract was awarded following a solicitation and the Agreement was entered into between the parties for the provision of certain professional telecommunications radio management, equipment, maintenance and repair services for the City’s two-way radio infrastructure and console equipment ("Services"); and WHEREAS, on June 28, 2004, the parties amended the Agreement to: (i) add additional equipment to the maintenance and repair services, (2) increase the amount of compensation to $99,338 per year for contract years two through five and extended the term of the Agreement for two additional years; W~tEAS, the parties wish to amend the Agreement to: (i) extend the term of the contract for an additiona! five years, (2) increase compensation by One Hundred Twenty Eight Thousand Nine Hundred Thirty dollars ($128,930) per year for annual maintenance of the Agreement. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION I. to read as follows: Section 1 entitled "TERM" is hereby amended i.I This Agreement will commence on the date of execution by C!TY and wi!l expire ten (i0) years from the original date of execution by CITY, unless this Agreement is earlier terminated by CITY or the Amendment is extended per the essence of the .Agreement. i.!.i City of Pa!o Alto City Council’s annual approval of each year’s budget and appropriation of funds for this agreement. CITY shall bear no liability for 080610 sm 010 agreement termination ~in the event Council makes no appropriations for this project; i.i.2 CONTRACTOR’S compliance with the terms, conditions and requirements of this contract; and 1.1.3 A mutual agreement to amend this agreement (subject to approval of the City Council or the City Manager, as applicable) to continue the term. If City determines to exercise its option to extend this agreement, City shall provide CONTZACTOR written notice at the end of the prior contract year that it is exercising its option to extend the Agreement for an additional twelve month period. SECTION 2. Section 4 entitled "COMPENSATION" is hereby amended to read as follows: 4.1 In consideration of the full performance of the services by the CONTRACTOR described in Exhibit "A", CITY will pay CONTRACTOR for the period June 24, 2008 through June 23, 2013 a sum not to exceed Six Hundred Forty Four Thousand Six Hundred Fifty dollars ($644,650) per year, payable monthly according to the schedule attached as Exhibit "B" and within thirty (30) days of submission by CONTRACTOR of its itemized billings. SECTION 3. The following e~nibit(s) to the Contract are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit "A" entitled "Scope of Services for the period June 23, 2003 through June 23, 2008 and Scope of Services for the period June 24, 2008 through June 23, 2013". b. Exhibit "B" entitled "Facilities Management & Maintenance for Contract Year 2003-04 through Year 2007-08; and 2008-09 through FY 2012-13". SECTION 4. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. 0806]0 srn 0]0 2 APPROVED AS TO FORM:TELECO~4UNICATIONS ENGINEERING Senior Asst. City Attorney APPROVED: Assistant City Manager By: Name: Title: Director of Administrative Services Attachments : EXHIBIT "A": EXHIBIT "B" : SCOPE OF SERVICES FACILITIES MANAGEMENT &MAINTENANCE CONTRACT FY 2008-09 THROUGH FY 2012-13 FOR EXHtt3IT A SCOPE OF SERVICES Telecommunications Engineering Associates Professional Telecommunications Services Telecommunications Engineering Associates (TEA) will provide professional telecommunications engineering services to manage and maintain the City’s radio infrastrucatre and radio console equipment. All parts will be covered without additional charge for all equipment listed in Attachment B. In addition, all labor, inc!.uding travel time will be provided for any base station equipment problem without charge. TEA agrees to provide total problem resolution services under this contract. This includes liaison with equipment manufacturers, other vendors, Santa Clara County, AT&T (Cit3"s 9-1-! vendor) or other related vendors. TEA will investigate all reports of system problems and work with the appropriate vendor or agency to correct it. TEA will further se~’e as the Ci~’s single point of contact for problems related to the equipment listed in Attachment B. tn addition to routine maintenance and management of telecommunications equipment, TEA will make recommendations to the City when equipment needs to be replaced and offer suggestions about new products and equipment, which can be used to enhance system performance. TEA agrees to provide training for City personnel on communications systems as necessary. TEA wilt assist the Ci~ in identifying issues when it is necessary for the City to make routine system design changes and enhancements to any equipment covered under this agreement. TEA will write bid specifications for base station equipment when directed to do so by the City. Written reports on the status of the City’s communications systems will be provided when necessary but not less than once per year by the 15a of December. All of the above services are included in the total compensation set forth in section xxxx and shall .be at no additional cost to City. COMPENSATION: Total compensation for the services described herein shall be a sum not to exceed the amount set forth in section 4.1. TEA will discount the cost for services by two percent (2%) for each year the City commits to renew the service agreement, up to ten percent: (10%). Fees will not be increased for any equipment item during the term of the agreement. In the event a piece of equipment is removed from the inventory and not replaced, the amount of total compensation will be reduced by the annual maintained cost for the piece of equipment removed from the inventory on a prorated basis, in the event, a new piece of equipment is added to the inventory" that does not replace a piece of inventory already included, the parties will agree in writing on the cost to add such piece of equipment. In no event shalI the total compensation for maintenance and services under this agreement exceed the amount set forth in section 4.1. FY 2008-09 to FY2013-14 Statement of Work Telecommunications Engineering Associates REQUIRED SERVICES Radio Infrastructure Mana~ement Services AI! communications problems under this agreement are resolved effectively and efficiently. In the event of a system failure, the vendor shal! respond promptly (in accordance with the specified response time requirements) and make the necessary repairs in a manner that will keep any system downtime to an absolute minimum. Maintenance and Repair Services The vendor shall keep all equipment covered by this proposal in Attachment B in excellent working condition, utilizing current industry standards and modem preventive maintenance techniques. All parts and labor necessary to accomplish preventive maintenance and repair will be provided without additional costs. Response Times The vendor shall provide the City with a telephone number that is available for reporting problems that is answered or responded to 24 hours a day, 7 days per week, 365 days per year. All incidents in the following categories shall be responded to and resolved within the specified time. In alI instances, the vendor shall make every effort to be available for immediate telephone consultation for any problem. Emergency Requests: The vendor shatl handle all emergency requests for service within one hour. Emergency requests are justified when a malfunction of equipment has a major effect on daily operations. An example of a justifiable emergency service request would be a major failure at the dispatch console. Hizh Priorit~ Recluests: the vendor sha|l handle all requests of this nature within four (4) hours of notification. An example of a high priority service request wouId be if the primary radio channe! becomes non-operationa! and dispatch traffic is moved to a secondary channel. Non-critical requests: The vendor shall handle all requests within sixteen (16)hours of notification. Examples include a report of intermittent problems, except as specified above. Equipment Inventory and Handling It shall be the joint responsibility of the City and vender to maintain an accurate [isting of all radio infraswacture equipment. It is understood that only equipment listed in the most current copy of the equipment itemization is covered under a fixed fee proposal. FY 2008-09 to FY2013- f 4 Statement of Work Telecommunications Engineering Associates It is further understood that vendor’s personnel will need to periodically possess radio equipment that be!ongs to the City. Vendor agrees to exercise reasonable care for the equipment and shall be responsible for its return to the City. Subcontracting The vendor shal! be the single point of contact with the City. Any subcontracting done by the vendor as part of this Agreement shall be done by mutual agreement - approval of said subcontractors will be provided by the City of Palo Alto in writing to the TEA prior to starting any work. In all cases, the vendor is responsible for system design, performance and the quality of service provided. Security In accordance with Department of Justice (DO J) requirements, TEA shall ensure that all personnel are fingerprinted in accordance with Police Department guidelines. .Any costs associated with meeting these guidelines are the responsibility of TEA. The Police Department will provide Identification (ID) cards to TEA for all persomneI working at City facilities. MISCELLANEOUS SERVICES It shall be the joint responsibility of the City and TEA to maintain an accurate list of equipment. The City’ understands that the maintenance fee is based on the current list of equipment detailed in Attachment B of this agreement. it is understood that TEA may need to periodically possess radio equipment that belongs to the City. TEA agrees to exercise reasonable care for tb.e equipment and shal! be responsible for its return to the City. TEA is authorized by the City. to install its own radio repeater and antenna at any City radio site to facilitate administrative communication between TEA personne!. All equipment and installation services will be at TEA’s and expense and the City shall incur no additional charge. There will be no charge for rental of space of electrical power at the City’s radio sites. The City will reimburse any fees for licenses that are invoiced by TEA to facilitate its doing business with the City. SERVICES EXCLUDED The following services are not included as part of this agreement and, if services are required of TEA, it will be handled on a time and materials basis. ¯Antennas - Base station antennas and coaxial cables at all sites ¯Telephone headsets , Mobile and Portable radios ¯System relocation or design ch~ges FY 2008-09 to FY2013. I4 Statement of Work Telecommunications En~ineerin~ As.~nciate.~ lnstallation of new equipment Batteries Microwave System Any malfunctions or damage for probIems caused by natural or manmade disaster such as flood, earthquake or fire will not be covered under this agreement. It is understood that TEA may determine that a particular piece of equipment is beyond economic repair due to age or condition. If this occurs, TEA will noti~ the City, this equipment item will be excluded from maintenance under this agreement, and the compensation will be adjusted accordingly. FY 2008-09 to FY2013-14 Statement of Work Telecommunications Engineering, A.~cmiat~ EXHIBIT B Prepared for the City of Palo Alto Facilities Management & Maintenance for Contract FY2008-09 through FY2013-14 April 15, 1008 PD-1 SYSTEM Quantity Mon!h!y Monthly Cost E~~h ~Tota{ T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 $165 $330 4 $76 $304 1 $136 $136 1 $7 $7 0 $30 $0 Total >>$777 PD.2 SYSTEM Me~thly-,[ Mo~hiY T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 4 1 1 0 $165 $330 $76 $304 $136 $136 $7 $7 $30 $0 Total >>$777 Quan6ty:i ..... :-Monthly " Mc~fl~ly :..CostiEa;~h ...... ¯ :: :T0.ta..! T-Band duplex base station T-band vol:ing receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 0 0 0 0 0 $165 $0 $76 $0 $136 $0 $7 $0 $30 $0 Total >>$0 FD-1 :sYSTEM VHF duplex base station VHF voting receiver Motorola Oigitac comparator Transmitter site-select relay system CTI comparator display system 2 3 1 1 1 $158 $3!6 $76 $228 $!36 $136 $7 $7 $30 $30 Total >>$717 FD-2 (TAC} SYSTEM Quantity Mo0,thly Monthly ¢oStEa.Ch:To{al VHF duplex base station VHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 3 t 1 1 $158 $316 $76 $228 $136 $136 $7 $30 $30 Total >>$717 Prepared for the City of Pato Alto Facilities Management & Maintenance for Contract FY2008-09 through FY2013-14 Apri~ 15, 1008 FIRE ,STATION ALERTING Quantity Monthly Monthly Cost E~ch ,Total Zetron Model 25 encoder (CAD controlled) Zetron Model 26 status control unit Zetron Model 6 fire station transponder TEA Station Alerting Module (SAM) Fire station PA system - Vatcom Fire station PA system - conventional Fire station alerting radios Power supplies UHF duplex base station UHF voting receiver Motorola Digitac compara!or Transmitter site-select relay system CTI compara[or display system Desk set remote control LG:2 S~STEM UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control LG-3 SYSFEM UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 0 $29 $0 2 $55 $110 8 $32 $256 8 $18 $144 0 $30 $0 8 $30 $240 8 $24 $192 8 $24 $192 Total >>$1,134 Quality 2 3 1 1 0 12 -Quantity 2 3 1 1 0 !2 Quantity 2 2 1 o o 0 $158 $3!6 $76 $228 $136 $136 $7 $7 $30 $0 $14 $168 Total >>$855 MOnthly M6nt~tly $158 $316 $76 $228 $136 $136 $7 $30 $0 $14 $168 Total >>$855 $158 $316 $76 $152 $136 $136 $7 $0 $30 $0 $14 $0 Total >>$604 Prepared for the City of Palo Alto Facilities Management & Maintenance for Contract FY2008-09 through FY2013-14 April 15, 1008 FIBER-OPTIC MULTIPLEXERS Quantity Monthly , .:Monthly cost Each Adtran Opti 6100 for Civic Center 1 Adtran Opti 6100 for MSC 1 Adtran Opti 6100 for Park Reservoir 1 Adtran Qpti 6100 for Dahl Reservoir 1 48VDC power systems (excluding batteries)4 $405 $405 $198 $198 $235 .$235 $198 $!98 $58 $232 Total >>$1,268 SITE-SPECIFIC EQUIPMENT " Quantity UHF T-band receiver mull;coupler UHF 450 receiver multicoupler VHF receiver multicoupler Wideband multicoupler at Civic Center Adtran T1 mutiplexers for VA Hospital 2 3 3 4 2 $25 $50 $25 $75 $25 $75 $25 $100 $35 $7O Total >>$370 CENTiR~COM GOLD,ELITE CONSOLE -Quantity Operator position Centracom card cage Centracom CEB power supply Centracom base interface module Centracom dual receive module Centracom OMI modules Centracom timer module Centracorn aux relay module Centracom RS232 module 5 6 6 .18 6 5 2 10 1 Total $140 $700 $12 $72 $86 $516 $27 $486 $27 $162 $54 $270 $32 $64 $14 $140 $t2 $12 >>$2,422 CENTRACOM I+.CONSOEE .{P~,UCC) .-~.. Quantity Operator position Centracom card cage Centracom Centracom Centracom Centracom Centracorn Centracom Centracom CEB power supply base interface module dual receive module OMI modules timer module aux relay module RS232 module 2 3 3 3 0 2 2 1 1 Total $81 $12 $86 $28 $28 $55 $34 $15 $12 $162 $36 $258 $84 $o $110 $58 $15 $12 $745 Prepared for the City of Palo Alto Facilities Management & Maintenance for Contract FY2008-09 through FY2013-14 April 15, 1008 MISCELLANEOUS EQUIP..Quantity -. Monthly .Mo~?thty Cost Each Total COM monitor receivers UHF T-band control base station UHF T-band control base station Red.Net conlrot base station Law-Net control base station PD mobile data base station T-band select control base VHF base station (White) VHF base station (Blue) Antenna combining system MACS) TAC-3) 8 $18 $144 1 $84 $84 1 $84 $84 !$68 $68 1 $68 $68 0 T&M 1 $83 $83 1 $83 $83 !$83 $83 0 T&M Total >>$697 PD-1 SYSTEM PD-2 SYSTEM PD-TAC SYSTEM FD-1 SYSTEM FD-2 (TAC) SYSTEM FtRE STATION ALERTING LG-1 SYSTEM LG-2 SYSTEM LG-3 SYSTEM FIBER-OPTIC MULTIPLEXERS SITE-SPECIFIC EQUIPMENT CENTRACOM GOLD ELITE CONSOLE CENTRACOM f1+ CONSOLE MISCELLANEOUS EQUIP. $777 $777 $0 $717 $717 $1,I34 $855 $855 $604 $1,268 $370 $2,422 $745 $697 Monthly Total Less 10% for 5 year commitment Monthly Total With Discount $11,938 ,$J,194_ $10,744 Annual Total With Discount $128,g30 BETWEEN THE CITY OF PALO ALTO A_N]D TELECOMMq!NICATIONS ENGINEERING ASSOCIATES FOR PROFESSIONAL TELECOMHUNICATION SERVICES EXHIBIT C This Contract No. ~q?qg~is entered into ~]~/~ , by and between the CITY OF PALO ALTO, a .chartered city and a municipal corporation of the State of California ("CITY"), and TELECOHHUNICATION ENGINEERING ASSOCIATES, a corporation, located at 1160 Industrial Road, Building 15, San Carlos, California 94070 ("CONTRACTOR"). RECITALS: WHEREAS, CITY desires certain professional telecommunications radio management, maintenance and repair services for the City’s two-way radio infrastructure and console equipment ("Services"), as more fully described in Exhibit "A"; and WHEREAS, CITY desires to engage CONTRACTOR, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION 1 - TERM I.i This Contract will commence on the date of execution by CITY and will expire twelve months f~om the date of execution by CITY, unless this Contract is earlier terminated by CITY or the contract is extended pursuant to this Section. Time is of the essence of this Contract. City shall have the option but not the obligation to extend this Contract for two additional twelve (12) month periods for a maximum of thirty-six (36) consecutive months, subject to the following provisions: i.I.I City of Palo Alto City Council’s annual approval of each year’s budget and appropriation of funds for this contract. CITY shall bear no liability for contract termination in the event Council makes no appropriations for this project; 1.1.2 CONTRACTOR’s compliance with the terms, conditions and requirements of this contract; and 030520 sd] 0044326 1.1.3. A mutual agreement to amend this contract (subject to approval of the City Council or the City Manager, as applicable) to continue the term. If City determines to exercise its option to extend this Contract, City shall provide CONSULTANT written notice at the end of the first and second contract years that it is exercising its option to extend the Contract for an additional twelve month period. SECTION 2 - QUALIFICATIONS, STATUS, AND DUTIES OF CONTRACTOR 2.1 CONTRACTOR represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONTRACTOR further represents and warrants that the project director and every individual charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services. 2.2 In reliance on the representation and warranty set forth in Section 2.1, CITY hires CONTRACTOR to perform, and CONTRACTOR covenants and agrees that it will furnish or cause to be furnished, the Services. 2.3 CONTRACTOR will assign DARYL JONES as the project director to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director for any reason, the appointment of a substitute project director will be subject to the prior written approval of the project manager. 2.4 CONTRACTOR represents and warrants that it will: 2.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawfu! prosecution of the Services; 2.4.2 Keep itself fully informed of all existing and future Federal, State of California, and !ocal laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in CONTRACTOR’s performance under this Contract, or the performance of the Services; 2.4.3 At all times observe and comply with, and cause its emp!oyees and contractors (and consultants), if any, who are 030520 sd] 0044326 assigned to the performance of this Contract to observe and comply with~ the laws, ordinances, regulations, orders and decrees mentioned above; and 2.4.4 Will report immediately to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications or provisions of this Contract. 2.5 Any reports, information, data or other material given to, or prepared or assembled by, CONTRACTOR or its contractors, if any, under this Contract will become the property -of CITY and will not be made available to any individual or organization by CONTRACTOR or its contractors, if any, without the prior written approval of the city manager. 2.6 CONTRACTOR will provide CITY with one (i) copies of any reports which may be required under this Contract, upon completion and acceptance of each report by CITY. 2.7 If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities in the performance of the Services, CONTRACTOR will provide such additional copies and CITY will compensate CONTRACTOR for its duplication costs. 2.8 CONTRACTOR will be responsible for employing or engaging all persons necessary to perform the Services. All contractors of CONTRACTOR wil! be deemed to be directly controlled and supervised by CONTRACTOR, which wil! be responsible for their performance. If any employee or contractor of CONTPshCTOR fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or contractor will be discharged imme.diately from further performance under this Contract on demand of the project manager. SECTION 3 -DUTIES OF CITY 3.1 CITY will furnish or cause to be furnished the specified services set forth in Exhibit "A" and such other information regarding its requirements as may be reasonably requested by CONTRACTOR. 3.2 The city manager will represent CITY for all purposes under this Contract. SHERYL CONTOIS is designated as the project manager for the city manager. The project manager will supervise the performance, progress, and execution of the Services, and will be assisted by a designated Communications Manager. 030520 sdl 0044326 3.3 If CITY observes or otherwise becomes aware of any default in the performance of CONTP~ACTOR, CITY wil! use reasonable efforts to give written notice thereof to CONTPshCTOR in a timely manner. SECTION 4 -COMPENSATION 4.1 In consideration of the full performance of the services by CONTRACTOR described in Exhibit "A", CITY will pay CONTRACTOR a sum not to exceed Fifty-One Thousand Eight Dollars ($51,008.00) per contract term, payable within thirty (30) days of submission by CONTKACTOR of its itemized billings, in triplicate. SECTION 5 -AUDITS 5.1 CONTRACTOR will permit CITY to au dit, at any reasonable time during the term of this Contract and for three (3) years thereafter, CONTKACTOR’s records pertaining to matters covered by this Contract. CONTRACTOR further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Contract. SECTION 6 -INDEMNITY 6.1 CONTRACTOR agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONTRACTOR in the performance of or failure to perform its obligations under this Contract. SECTION 7 -WAIVERS 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder wil! not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, condition or provision of this Contract or of any applicable law or ordinance. 030520 sdl 0044326 7.2 No payment, partial payment, acceptance, or partial 4 acceptance by CITY wil! operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 8 -INSURANCE 8.1 CONTRACTOR, at its sole cost and expense, wil! obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not only CONTRACTOR and its contra~ors, if any, but also, with the exception of workers’ compensation, employer’s liability, and professional liability insurance, naming CITY as an additional insured concerning CONTRACTOR’s performance under this Contract. 8.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Ratinq Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of CONTRACTOR retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 8.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times during the term of this Contract with the city clerk. 8.4 The procuring of such required polcy or policies of insurance will not be construed to limit CONTRACTOR’s liability hereunder nor to fulfi!l the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONTRACTOR wil! be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION 9 -WORKERS’ COMPENSATION 9.1 CONTRACTOR, by executing this Contract, certifies 030520 sdl 0044326 that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions, as applicable, before commencing the performance of the Services. SECTION i0 -TERMINATION OR SUSPENSION OF CONTRACT OR SERVICES i0.i The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR will immediately discontinue its performance of the Services. 10.2 CONTRACTOR may terminate this Contract or suspend its performance of the Services by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of the Services to be performed. 10.3 Upon such suspension or termination by CITY, CONTRACTOR will be paid for the Services actua!ly rendered to CITY on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminated on account of a default by CONTRACTOR, CITY wil! be obligated to compensate CONTRACTOR only for that portion of the Services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager acting in the reasonable exercise of her discretion. 10.4 Upon such suspension or termination, CONTP~CTOR will deliver to the city manager immediately any and al! copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its contractors, if any, or given to CONTRACTOR or its contractors, if any, in connection with this Contract. Such materials will become the property of CITY. 10.5 The failure of CITY to agree with CONTRACTOR’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONTRACTOR to fulfil! its obligations under this Contract. SECTION ii -ASSIGNMENT ii.I This Contract is for the personal services of 030520 sdl 0044326 CONTRACTOR, therefore, CONTRACTOR will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void and, at the option of the city manager, this Contract may be terminated. This Contract wi!l not be assignable by operation of law. SECTION 12 -NOTICES 12.1 All notices hereunder will be given in writing and mailed, postage prepaid, by certified mai!, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 above To CONTRACTOR: Attention of the project director at the address of CONTRACTOR recited SECTION 13 -CONFLICT OF INTEREST 13.1 In accepting this Contract, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any contractor or person having such an interest. CONTRACTOR certifies that no person who has or wil! have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipa! Code and the Government Code of the State of California. 030520 sdl 0044326 7 SECTION 14 -NONDISCRIMINATION 14.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of any person under this Contract because of the age, race, co!or, nationa! origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit 14.2 CONTRACTOR agrees that each contract for services with an independent provider will contain a provision substantially as follows: "[Name of Provider] will provide CONTRACTOR with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, co!or, national origin, ancestry, religion, disability, sexua! preference or gender of such person." 14.3 If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY wil! have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 15 -MISCELLANEOUS PROVISIONS 15.1 CONTRACTOR represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONTRACTOR will comply with or ensure by its advice that compliance with such provisions will be effected in the 030520 sdl 0044326 performance of this Contract. 15.2 This Contract wi!l be governed by the laws of the State of California, excluding its conflicts of law. 15.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 15.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 15.5 This document represents the entire and integrated agreement between the parties and supersedes all prior negotia- tions, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 15.6 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 15.7 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties. 15.8 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 15.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 15.10 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 15.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of 030520 sdl 0044326 the fiscal year and funds for this Contract are no longer available. This Section 15.11 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have b~heir duly authorized representatives executed this Contract on the date first above written. Asst. City Attorney APP~ ED: ( ~ ~ministrat ire CITY OF PALO ALTO Asslstant Clty Manager TELECOMMUNICATIONS ENGINEERING By: Name : Title: By: Name: Title: Taxpayer Identification No. Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C"- EXHIBIT "D": (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) SCOPE OF PROJECT EQUIPMENT LIST & PRICING INSURANCE NONDISCRIMINATION COMPLIANCE FORM 030520 sdl 0044326 10 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF ) ) SS. On ,2003, before me, ~/~I< ~~@~ , a Notary Publlc and for said County and State, personally appeared -~ ~ t .~-~ [ , ~ ~-qproved to me o~ the b~si~ of satisfactory evidence to be the person(s)whose name(s) ~sjar~_e subscribed to the within instrument ~ acknowledged to me tMt.~/she/they~ / executed the s~me in {H%y/her/their authorized capacity(ies), and that by 9i}/her/their 8-!gnature(s) on the instrument the person(s), or the’~entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~z ~ Notary Public - Callfom~ ~Sigh@Lure of Notary P~l~c 030520 sd! 0044326 11 CERTIFICATION OF NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below hereby certify: a)that they are currently in compliance with all federal and state of California laws covering nondiscrimination in employment; and b)that, if awarded the contract, the proposer will not discriminate in employment of any person under the contract because of race, color, national origin or ancestry, religion, disability, gender or marital status of such person. THE INFORMATION HEREIN iS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: Signature: Name: Signature: (PRINT OR TYPE NAME) Name: Note: (PRINT OR TYPE NAME) California Corporations Code Section 313 requires two corporate officers to execute contracts. *The signature of First Officer* must be one of the following: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; or Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Telecommunications Engineering Associations Contract PAGE 1 OF 1 EXHIBIT D AMENDMENT NO. ONE TO AGREEMENT NO. $3147499 BETWEEN THE CITY OF PALO ALTO AND TELECOFIMIINICATION ENGINEERING ASSOCIATES FOR PROFESSIONAL TELECOMI4LrNICATION SERVICES This Amendment No. One to Agreement No. $3147499 ("Agreement’) is entered into ~-Z~ ~ Looq by and between the CITY OF PAL0 ALTO ("CITY"), and TELECOM~I]NICATION ENGINEERING ASSOCIATES, a corporation, located at 1160 Industrial Road, Building 15, San Carlos, California 94070 ("CONTRACTOR"). RECITALS: WHEREAS, the Agreement was entered into between the parties for the provision of certain professional telecommunications radio management, maintenance and repair serVices for the City’s two-way radio infrastructure and console equipment ("Services"), as more fully described in Exhibit "A’; and WHEREAS, the parties wish to amend the Agreement to extend the term of the contract from four to five years and to increase the compensation to Ninety-Nine Thousand three hundred thirty-eight dollars ($99,338) for contract years two through five, to include additional equipment in the maintenance and repair services; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION i. to read as follows: Section 1 entitled "TER~[" is hereby amended i.i This Contract will commence on the date of execution by CITY and will expire twelve months from the date of execution by CITY, unless this Contract is earlier terminated by CITY or the contract is extended pursuant to this Section.Time is of the essence of this Contract.City shall have the option but not the obligation to extend this Contract for four (4) additional twelve (12) month periods for a maximum of sixty (60) consecutive months, subject to the following provisions: 040526 sdt 7060809 i.i.i City of Palo Alto City Council’s annual approval of each year’s budget and appropriation of funds for this contract. CITY shall bear no liability for contract termination in the event Council makes no appropriations for this project; 1.1.2 CONTRACTOR’s compliance with the terms, conditions and requirements of this contract; and 1.1.3. A mutual agreement to amend this contract (subject to approval of the City Council or the City Manager, as applicable) ~o continue the term. If City determines to exercise its option to extend this Contract, City shall provide CONSULTANT written notice at the end of the prior contract year that it is exercising its option to extend the Contract for an additional twelve month period. SECTION 2. Section 4 entitled "COMPENSATION" is hereby amended, to read as follows: 4.1 In consideration of the full performance of the services by CONTRACTOR described in Exhibit "A", CITY will pay CONTRACTOR a sum not to exceed.of Fifty-Six Thousand Nine Hundred Ninety-six Dollars ($56,996.00) for the first contract year and a sum not to exceed Ninety-nine Thousand Three Hundred Thirty-Eight dollars ($99,338) per year for the second through fifth contract terms, payable monthly according to the schedule attached as Exhibit "B" and within thirty (30) days of submission by CONTRACTOR of its itemized billings, in triplicate. II II II II 040526 sdl 7060809 SECTION 3. Section 12 entitled "NOTICES" is hereby amended to read as follows: 12.1 All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 Sheryl Contois City of Palo Alto Post Office Box 10250 Palo Alto, Ca 94303 To CONTRACTOR: Attention of the project director at the address of CONTRACTOR recited above SECTION 4. Exhibit "B" is hereby amended to include the Price Schedule for Facilities Management and Maintenance for Contract FY 2004-05 through FY 2007-08, a copy of which is attached hereto and incorporated in full by this reference. SECTION 5. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. II II II II I! II II II II II 040526 sdl 7060809 IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. A~EST : City Clerk // . APPROVED AS TO F~)RM: CIT~ OF P~LO ALTO Mayor ~EER!NG ASSOCI on Senior isst. APPROVED: ~nager Ser~ ~tive By: Name: Title: By: Name: Title: Po e Ch[ef Insurance Attachments: EXHIBIT "B"" Taxpayer Identification No. (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Price Schedule for Facilities Management & Maintenance for Contract Years FY 2004-05 through FY 2007-08 040607 sdl 7060809 4 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF ) ) ) On ~[~,g% ~ ~00/ , before me, the undersigned, a notary public in and for said County, personally appeared ~ers ov~ ! !l’ kno~.’-~ < o me {e~ proved to me on the ba sig~ o t satisfactory evidence) to be the person/ whose nameD) ~/e subscribed to the within instrument, and_~cknowledged to me that ~ mime / tJ~4y executed the same in £[~/~/t~r authorized ~ap~city(~i~), and that by ~/hg~fTt~r signature(i on the instrument~ the person.~s~, or t~ e~ntity upon behalf o~ which the person(~ acted, executed the instrument. WITNESS my hand and official seal. Commission# 1341137 Notary Public - Califomi~ San ~uateo County 040607 sdl 7060809 Prepared for the City of Palo Alto ...................... F. qc.ii!t!e.s.M, a.e. qt!o.n. .or. . 004-2005 T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 3 $155 $465 2 $71 $142 1 $127 $127 1 $7 $7 0 $28 $0 Total >>$741 T-Band duplex base station T-band voting receiver. Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 $155 $310 2 $71 $142 1 $127 $127 1 $7 $7 0 $28 $0 Total >>$586 T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comParator display system 2 $155 $310 2 $71 $142 0 $127 $0 0 $7 $0 0 $28 $0 Total >>$452 VHF duplex base station VHF voting receiver Motorola Digitac comparator Transmitter site-select relay system 2 $147 $294 2 $71 $142 1 $127 $127 1 $7 $7 Total >>$570 VHF duplex base station VHF voting receiver Motorola Digitac comparator Transmitter site-select relay system 0 $147 $0 0 $71 $0 0 $127 $0 0 $7 $0 Total>>$0 Telecommunications Engineering Associates Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2004-2005 Zetron Model 25 encoder (CAD controlled) Zetron Model 26 status control unit Zetron Model 6 fire station transponder TEA Station Alerting Module (SAM) Fire station PA system - Valcom Fire station PA system - conventional Fire station alerting radios Power supplies 0 $25 $0 2 $47 $94 8 $27 $216 8 $16 $128 0 $28 $0 8 $28 $224 8 $21 $168 8 $21 $168 Total >>$998 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 $147.$294 2 $71 $142 1 $127 $127 1 $7 $7 0 $28 $0 0 $12 $0 Total >>$570 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 2 1 1 0 0 $147 $294 $71 $142 $127 $127 $7 $7 $28 $0 $12 $0 Total >>$570 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 2 1 1 0 0 $147 $294 $71 $142 $127 $127 $7 $7 $28 $0 $12 $0 Total >>$570 Telecommunications Engineering Associates Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2004-2005 800 MHz duplex base station 800 MHz voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Control base station at MOC Base station encryption equipment 2 2 1 1 0 1 0 $147 $294 $71 $142 $127 $127 $7 $7 $28 $0 $63 $63 $0 T&M Total >>$633 Operator position Centracom card cage Centracom Centracom Centracom Centracom Centracom CEB power supply .base interface module dual receive module OMI modules timer module Centracom aux relay module Centracom RS232 module 5 $130 $65O 6 $10 $60 6 $80 $480 18 $25 $450 6 $25 $150 5 $50 $25O 2 $3O $6O 10 $12 $12Q 1 $10 $10 Total >>$2,230 Operator position Centracom card cage Centracom Centracom Centracom Centracom Centracom CEB power supply base interface module dual receive module OMI modules timer module Centracom aux relay module Centracom RS232 module 2 3 3 3 0 2 2 1 1 Total $75 $150 $10 $30 $80 $240 $25 $75 $25 $0 $50 $100 $30 $60 $~2 $12 $10 $10 >>$677 Telecommunications Engineering Associates Prepared for the City of Palo Alto ...................... F. a.c.il~ti.e.s. M. a. n. a.g.e.m.e.n.t .A.n.d.M. a. i.nt.e.n.a.nc, e. .Q.u.ot.a.t!o.n. for. .20,0.4.-2.0.0.5. Micor monitor receivers UHF T-band control base station (MACS) UHF T-band control base station (TAC-3) Red-Net control base station Law-Net Control base station PD mobile data base station VHF base station (FD-2) VHF base station (White) VHF base station (Blue) Antenna combining system 6 1 1 1 1 1 1 1 1 1 $15 $90 $77 $77 $77 $77 $63 $63 $63 $63 T&M $77 $77 $77 $77 $77 $77 T&M Total >>$601 PD-1 SYSTEM $741 PD-2 SYSTEM $586 PD-TAC SYSTEM $452 FD-1 SYSTEM $570 FD-2 (TAC) SYSTEM $0 FIRE STATION ALERTING $998 LG-1 SYSTEM $570 LG-2 SYSTEM $570 LG-3 SYSTEM ~$570 COMMAND & CONTROL SYSTEM $633 CENTRACOM GOLD ELITE CONSOLE $2,230 CENTRACOM II+ CONSOLE $677 MISCELLANEOUS EQUIP.$601 Monthly Total Less 10% for 5 year commitment Monthly Total With Discount $9,198 $920 $8,278 Annual Total With Discount $99,338 Telecommunications Engineering Associates EXHIBIT E STATEMENT OF SERVICES Telecommunications Engineering Associates Professional Telecommunications Services Under this Agreement, Telecommunications Engineering Associates (TEA) will provide professional telecommunications engineering services to manage and maintain the City"s radio infrastructure and console equipment. The City has opted to services detailed in Plan "A" and, as such all parts will be covered without additional charge. In addition, all labor, including travel time will be pro¥ided for any base station equipment problem without charge. TEA agrees to provide total problem resolution services under this contract. This includes liaison with equipment manufacturers, other vendors, the County, and SBC. TEA will investigate all reports of system problems and work with the appropriate vendor or agency to correct it. TEA will further serve as the City’s single point of contact for problems related to the equipment listed in Attachment B. In addition to routine maintenance and management of telecommunications equipment, TEA will make recommendations to the City when equipment, needs to be replaced and offer suggestions about new products and equipment, which can be used to enhance system performance. TEA agrees to provide training for City personnel on communications systems as necessary. TEA will assist the City in identifying issues when it is necessary for the City to make routine system design changes and enhancements to any equipment covered under this agreement. TEA will write bid specifications for base station equipment when directed to do so by the City. Written reports on the status of the City’s communications systems will be provided when necessary but not less than once per year by the 15th of December. All of the above, services are included in the total compensation set forth in section 4.1 and shall be at no additional cost to City. COMPENSATION: Total compensation for the services described herein shall be a sum not to exceed the amount set forth in section 4.1. Vendor will discount the cost for services by ten percent (10%) for 3-year agreement. Fees will not be increased for any equipment item during the term of the agreement. In the event a piece of equipment is removed from the inventory and not replaced, the amount of total compensation will be reduced by the annual maintained cost for the piece of equipment removed from the inventory on a prorated basis. In the event, a new piece of equipment is added to the inventory that does not replace a piece of inventory already included, the parties will agree in writing on the cost to add such piece of equipment. In no event shall the total compensation for maintenance and sera,ices under this agreement exceed the amount set forth in section 4.1. 030430 sdl 004326a Statement of Work Telecommunications Engineering Associates Page 1 of 4 REQUIRED SERVICES Radio Infrastructure Management Services All communications problems under this a~eement are resolved effectively and efficiently. In the event of a system failure, the vendor shall respond promptly (in accordance with the specified response time requirements) and make the necessary repairs in a manner that will keep any system downtime to an absolute minimum. Maintenance and ~Repair Services The vendor shall keep al! equipment covered by this proposal in Attachment B in excellent working condition, utilizing current industry standards and modem preventive maintenance techniques. All parts and labor necessai0, to accomplish preventive maintenance and repair will be provided without additional costs. Response Times The vendor shall provide the City with a telephone number that is available for reporting problems that is answered or responded to 24 hours a day, 7 days per week, 365 days per year. All incidents in the following categories shall be responded to and resolved within the specified time. In all instances, the vendor shall make ever), effort to be available for immediate telephone consultation for any problem. Emer_oencv Requests: The vendor shall handle all emergency requests for service within one hour. Emergency requests are justified when a malfunction of equipment has a major effect on daily operations. An example of a justifiable emergency service request would be a major failure at the dispatch console. ltiah Priority Requests: the vendor shall handle all requests of this nature within four (4) hours of notification. An example of a high priority service request would be if the primary radio channel becomes non-operational and dispatch traffic is moved to a secondary channel. Non-critical recmests: The vendor shall handle all requests within sixteen (16) hours of notification. Examples include a report of intermittent problems, except as specified above. Equipment Inventory and Handling It shall be the joint responsibility of the City and vendor to maintain an accurate listing of all radio infrastructure equipment. It is understood that only equipment listed in the most current cop)’ of the equipment itemization is covered under a fixed fee proposal. 030430 sd] 004326a Statement of Work Telecorrmaunications Engineering Associates Page 2 of 4 It is further understood that vendor:s personnel will need to periodically possess radio equipment that belonzs to the City. Vendor agrees to exercise reasonable care for the equipment and shall be responsible for its return to the City. Subcontracting The vendor shall be the single point of contact with the City. Any subcontracting done by the vendor as part of this Agreement shall be done by mutual a~eement - approval of said subcontractors wit] be provided by the City of Palo Alto in writing to the TEA prior to starting any work. In all cases, the vendor is responsible for system design, performance and the quality of service provided. Security In accordance with Department of Justice (DOJ) requirements, TEA shall ensure that all personnel are fingerprinted in accordance with Police Department guidelines. Any costs associated with meeting these guidelines are the responsibility of TEA. The Police Department will provide Identification (ID) cards to TEA for all personnel working at City facilities. ~S CELLANEOUS SER~rlCES It shall be the joint responsibility of the City and TEA to maintain an accurate list of equipment. The City understands that the maintenance fee is based on the current list of equipment detailed in Attachment B of this agreement. It is understood that TEA may need to periodically possess radio equipment that belongs to the City. TEA agrees to exercise reasonable care for the equipment and shall be responsible for its return to the City. TEA is authorized by the City to install its own radio repeater and antenna at any City radio site to facilitate administrative communication between TEA personnel. All equipment and installation services will be at TEA’s and expense and the City shall incur no additional charge. There will be no charge for rental of space of electrical power at the City’s radio sites. The City will reimburse any fees for licenses that are invoiced by TEA to facilitate its doing business with the City. SERVICES EXCLUDED The following services are no__~t included as. part of this agreement and, if services are required of TEA, it will be handled on a time and materials basis. Antennas - Base station antennas and coaxial cables at al! sites Telephone headsets Mobile and Portable radios System relocation or design changes 030730 sdl 004326a Statement of Work Telecommunications Engineering Associates Page 3 of 4 ¯Installation of new equipment ¯Batteries ¯1V~crowave System Any malfunctions or damage for problems caused by natural or manmade disaster such as flood, earthquake or fire will not be covered under this agreement. It is understood that TEA may determine that a particular piece of equipment is beyond economic repair due to age or condition. If this occurs, TEA will notify the City, this equipment item will be excluded from maintenance under this a~eement, and the compensation will be adjusted accordingly. 030430 sd] 004326a Statement of Work Telecommunications Engineering Associates Page 4 of 4 EXHIBIT F Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2003-2004 Revised: 04/25/2003 //Preliminary equipment list T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CT1 comparator display system 3 2 1 1 0 $155 $465 $71 $!42 $127 $127 $7 $7 $28 $0 Total >>$741 T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 $155 $310 2 $71 $142 1 $127 $127 1 $7 0 $28 $0 Total >>$586 T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 $155 $310 2 $71 $142 0 $127 $0 0 $7 $0 0 $28 $0 Total >>$452 VHF duplex base station VHF voting receiver Motorola Digitac comparator Transmitter site-select relay system $147 $294 $71 $142 $127 $127 $7 $7 Total >>$570 Telecommunications Engineering Associates Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2003-2004 Revised: 04/25/2003 //Preliminar3, equipment list Zetron Model 25 encoder (CAD controlled) Zetron Model 26 status control unit Zetron Model 6 fire station transponder TEA Station Alerting lvlodule (SAM) Fire Station PA system - Valcom Fire station PA system - conventional Fire station alerting radios Power supplies 0 0 0 0 o 0 0 0 Total $25 $0 $47 $27 $0 $~6 $0 $28 $0 $28 $21 $o $21 $0 >>$0 UHF duplex base station UHF voting receiver lv’lotorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 :$147 $294 2 $71 $142 1 $127 $127 1 $7 $7 0 $28 $0 0 $12 $0 Total >>$570 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 $147 $294 2 $71 $142 1 $127 $127 1 $7 0 $28 $0 0 $12 $0 Total >>$570 800 MHz duplex base station 800 MHz voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Control base station at MOC Base station encryption equipment 2 $147 $294 2 $71 $142 1 $127 $127 I $7 $7 0 $28 $0 1 $63 $63 0 $0 ]oral >>$633 Telecommunications Engineering Associates Prepared for the City of Pa]o Alto Facilities Management And Maintenance Quotation for 2003-2004 Revised: 04/25/2003 //Preliminary equipment list Micor monitor receivers UHF T-band control base station (MACS) UHF T-band control base station (TAC-3) Red-Net control base station Law-Net control base station PD mobile data base station VHF base station (FD-2) VHF base station (White) VHF base station (Blue) Antenna combining system 6 $15 $90 1 $77 $77 1 $77 $77 1 $63 $63 1 $63 $63 1 T&N !$77 $77 !$77 $77 1 $77 $77 1 T&M Total >>$601 PD-1 SYSTEM PD-2 SYSTEM PD-TAC SYSTEM FD-1 SYSTEM FIRE STATION ALERTING LG-1 SYSTEM LG-2 SYSTEM COMMAND & CONTROL SYSTEM MISCELLANEOUS EQUIP. $741 $586 $452 $570 $0 $570 $570 $633 $601 Monthly Total Less 10% : Monthly TeCtal With Discount $4,723 $472 $4,251 Annual Total With Discount $51,008 Telecommunications Engineering Associates Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2004-2005 T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 3 $155 $465 2 $71 $142 1 $127 $127 1 $7 $7 0 $28 $0 Total >>$741 T-Band duplex base station T-band voting receiver. Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system 2 2 1 1 0 $155 $310 $71 $142 $127 $127 $7 $7 $28 $0 Total >>$586 T-Band duplex base station T-band voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comParator display system 2 $155 $310 2 $71 $142 0 $127 $0 0 $7 $0 0 $28 $0 Total >>$452 VHF duplex base station VHF voting receiver Motorola Digitac comparator Transmitter site-select relay system 2 $147 $294 2 $71 $142 1 $127 $127 1 $7 $7 Total >>$570 VHF duplex base station VHF voting receiver Motorola Digitac comparator Transmitter site-select relay system 0 o o 0 $147 $0 $71 $0 $127 $0 $7 $0 Total.>>$0 Telecommunications Engineering Associates Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2004-2005 Zetron Model 25 encoder (CAD controlled) Zetron Model 26 status control unit Zetron Model 6 fire station transponder TEA Station Alerting Module (SAM) Fire station PA system - Valcom Fire station PA system - conventional Fire station alerting radios Power supplies 0 $25 $0 2 $47 $94 8 $27 $216 8 $16 $128 0 $28 $0 8 $28 $224 8 $21 $168 8 $21 $168 Total >>$998 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 $147.$294 2 $71 $142 1 $127 $127 1 $7 $7 o $28 $o 0 $12 $0 Total >>$570 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 2 1 1 0 0 $147 $294 $71 $142 $127 $127 $7 $28 $0 $12 $0 Total >>$570 UHF duplex base station UHF voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Desk set remote control 2 2 1 1 0 0 $147 $294 $71 $142 $127 $127 $7 $7 $28 $0 $12 $0 Total >>$570 Telecommunications Engineering Associates Prepared for the City of Palo Alto Facilities Management And Maintenance Quotation for 2004-2005 800 MHz duplex base station 800 MHz voting receiver Motorola Digitac comparator Transmitter site-select relay system CTI comparator display system Control base station at MQC Base station encryption equipment 2 $147 $294 2 $71 $142 1 $127 $127 1 $7 $7 0 $28 $0 1 $63 $63 0 $0 T&M Total >>$633 Operator position 5 $130 $650 Centracom card cage 6 $10 $60 Centracom CEB power supply 6 $80 $480 Centracom .base interface module 18 $25 $450 Centracom dual receive module 6 $25 $150 Centracom OMI modules 5 $50 $250 Centracom timer module 2 $30 $60 Centracom aux relay module 10 $12 $120 Centracom RS232 module 1 $10 $10 Total >>$2,230 Operator position 2 $75 $150 Centracom card cage 3 $10 $30 Centracom CEB power supply 3 $80 $240 Centracom base interface module 3 $25 $75 Centracom dual receive module 0 $25 $0 Centracom OMi modules 2 $50 $100 Centracom timer module 2 $30 $60 Centracom aux relay module 1 $12 $12 Centracom RS232 module 1 $10 $10 Total >>$677 Telecommunications Engineering Associates Prepared for the City of Palo Alto ...................... F. a.c.ili, ti.e.s. M. a. n. a.g.e.m.e.n.t .A.n.d. M. a. i.nt.e,n.a.nc, e. .Q,u.ot. a.t{o.n, for, .20.0.4.-2.0.0.5. Micor monitor receivers UHF T-band control base station (MACS) UHF T-band control base station (TAC-3) Red-Net control base station Law-Net Control base station PD mobile data base station VHF base station (FD-2) VHF base station (White) VHF base station (Blue) Antenna combining system 6 1 1 1 1 1 1 1 1 1 $15 $90 $77 $77 $77 $77 $63 $63 $63 $63 T&M $77 $77 $77 $77 $77 $77 T&M Total >>$601 PD-1 SYSTEM $741 PD-2 SYSTEM $586 PD-TAC SYSTEM $452 FD-1 SYSTEM $570 FD-2 (TAC) SYSTEM $0 FIRE STATION ALERTING $998 LG-1 SYSTEM $570 LG-2 SYSTEM $570 LG-3 SYSTEM :$570 COMMAND & CONTROL SYSTEM $633 CENTRACOM GOLD ELITE CONSOLE $2,230 CENTRACQM II+ CONSOLE $677 MISCELLANEOUS EQUIP.$601 Monthly Total Less 10% for5 year commitment Monthly Total With Discount $9,198 $920 $8,278 Annual Total With Discount $99,338 Telecommunications Engineering Associates