HomeMy WebLinkAboutCONVERGINT TECHNOLOGIES LLC (2) Docusign Envelope ID:B2A1FE72-157F-402C-ABF6-9AD2259E53A3 A_2025-210
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CITY CLERK
DATE; DEC 15 AGREEMENT WITH CONVERGINT TECHNOLOGIES LLC TO PROVIDE
VIDEO SURVEILLANCE SYSTEM UPGRADE AND
D w ' MAINTENANCE AND REPAIR SERVICES TIME AND MATERIALS
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THIS AGREEMENT is made and entered into on this 2"D day of December,2025 by and between
Convergint Technologies,LLC,a Delaware limited liability company("Contractor"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. On August 6, 2025, the City issued bequest for Proposal No. 25-109A ("RFP") seeking a
contractor which specializes in audio visual system integration, server
upgrades/enhancements, system add-ons, and will provide on-going maintenance and
repair services for its existing/enhanced public safety video surveillance system for the
City. RFP sought qualified contractors with the technical expertise and ability to support
the integration of additional cameras into the system without altering the base architecture
or video management platform.
B. Contractor submitted a responsive proposal to the RFP and represents that it is able and
willing to provide such services to the City (Time and Materials),pursuant to the Scope of
Work detailed in the RFP and attached hereto as Exhibit A to this Agreement.
C. Services provided by the Contractor under this Agreement to provide unscheduled
maintenance and repair services for the City are not subject to grant funding. Contractor
will provide separate invoices to City for services provided herein.
D. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services for the Time and Materials to provide unscheduled
maintenance and repair services as set forth in Exhibits A and B. attached hereto and incorporated
by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit B. The total amount to be expended
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during the initial term of this Agreement shall not exceed $95,593. Any remaining
balance of the above referenced "not-to-exceed"amount may be subject for use during
any optional extension term, per Section 3 below. Contractor understands that any
increase to the compensation amount listed here is subject to approval by the City
Council of the City of Santa Ana.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City and
Contractor agree that all payments due and owing under this Agreement shall be made
through Automated Clearing House(ACH)transfers. Contractor agrees to execute the
City's standard ACH Vendor Payment Authorization and provide required
documentation. Upon verification of the data provided, the City will be authorized to
deposit payments directly into Contractor's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue for an initial
three (3) year term with the option for the City to grant up to two (2) one (1) year extension(s),
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 18, below.
4. CUSTOMER SUPPORT TERMS AND CONDITIONS
Parties agree and understand that services provided for systems upgrades herein are subject
to additional terms and conditions provided by the Contractor including the Convergint
Technologies Terms and Conditions (Customer Support Program), attached hereto as Exhibit C,
and Addendum No. 1, attached hereto as Exhibit D.
5. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title S, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on"public works" and"maintenance"projects. If the services
being performed are part of an applicable "public works" or"maintenance"project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
6. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
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it-fie construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however,the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages,employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
7. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
S. INSURANCE
Insurance requirements attached hereto as Exhibit E.
9. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents,employees,contractors,special counsel, and representatives from liability: (1)for personal
injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and(2)
from any claim that personal injury, damages,just compensation, restitution,judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify,hold harmless, and pay all costs for the defense of the City,including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution,judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
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decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing,
to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent,trademark,or copyright infringement,including costs,contained in the work product
or documents provided by Contractor to the City pursuant to this Agreement.
11. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3)years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance,but in no event less than reasonable care. "Confidential Information"shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e)
is independently developed by the Contractor without reference to information disclosed by the
City.
13. CERTIFICATIONS
The funds used to pay for this Agreement will be partly comprised of federal grant funds.
Contractor agrees and understands that it will comply with the terms of the Certifications, noted
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as Attachments A-J from the RFP,and attached hereto together as Exhibit F,and incorporated by
reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal
laws and regulations which may, in any manner, affect the performance of it services pursuant to
this Agreement. Contractor shall at all times, observe and comply with all such laws and
regulations. City and its officers and employees shall not be liable at law or in equity by reason
of the failure of the Contractor to comply with this paragraph.
14. CONFLICT OF INTEREST CLAUSE
a. The recipient or subrecipient must maintain written standards of conduct covering
conflicts of interest and governing the actions of its employees engaged in the selection,
award, and administration of contracts.No employee, officer, agent, or board member
with a real or apparent conflict of interest may participate in the selection, award, or
administration of a contract supported by the Federal award. A conflict of interest
includes when the employee, officer, agent, or board member, any member of their
immediate family,their partner, or an organization that employs or is about to employ
any of the parties indicated herein, has a financial or other interest in or a tangible
personal benefit from an entity considered for a contract. An employee, officer, agent,
and board member of the recipient or subrecipient may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors. However, the
recipient or subrecipient may set standards for situations where the financial interest is
not substantial or a gift is an unsolicited item of nominal value. The recipient's or
subrecipient's standards of conduct must also provide for disciplinary actions to be
applied for violations by its employees, officers, agents,or board members.
b. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is
not a State, local government, or Indian Tribe, the recipient or subrecipient must also
maintain written standards of conduct covering organizational conflicts of interest.
Organizational conflicts of interest mean that because of relationships with a parent
company, affiliate,or subsidiary organization,the recipient or subrecipient is unable or
appears to be unable to be impartial in conducting a procurement action involving a
related organization.
c. Contractor covenants that it presently has no interests and shall not have interests,direct
or indirect,which would conflict in any manner with performance of services specified
under this Agreement.
d. No immediate family members of either the Mayor, City Council Member, or any
appointed City Official, including appointed board and commission members, as
defined under the City's Municipal Code, whose position with the City shall award or
influence the award of this Agreement, or any competing contract or amendment
thereof, shall be employed in any capacity by the Contractor or have any other direct
or indirect financial benefit or interest in this Agreement.
e. The section also prohibits the awarding of any agreement, contract, grant, or any
amendment to those awards, to any former full-time employee for one-year from date
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of employee separation except for any Ca1PERS retiree as authorized by City Council
resolution.
f. The Contractor must comply with all conflict of interest laws, ordinances, and
regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the
prohibitions defined above.If the Contractor hereafter becomes aware of any facts that
might reasonably be expected to create a conflict of interest, it must immediately make
full written disclosure of such facts to the City. Full written disclosure must include,
but is not limited to, identification of all persons implicated and a complete description
of all relevant circumstances. Failure to comply with the provisions of this paragraph
will be a material breach of this Agreement.
g. Contractor covenants that none of its directors, officers, employees, or agents shall
participate in selecting or administrating any subcontract supported(in whole or in part)
by City funds stemming from the Agreement where the awarding of the subcontract
has any direct or indirect financial benefit or interest to any individual, as defined in
subsections (d) and(e) above.
15. NON-DISCRIMINATION
Contractor shall not discriminate because of race,color,creed,religion,sex,marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion,termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto,the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party,which is not embodied herein.
0. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
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written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
18. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment,the Executive Director may require Contractor to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
19. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
20. JURISDICTION--VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States,the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
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22. NOTICE
Any notice,tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section,to the following persons:
To City:
City Cleric
City of Santa Ana
20 Civic Center Plaza(M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
Chief of Police
Santa Ana Police Department
60 Civic Center Dr.
Santa Ana, California 92702
To Contractor:
Convergint Technologies,LLC
Attn: Bob Berkery, General Manager
20 Centerpointe#120
La Palma, CA 90623
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four(24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: ��_ CITY OF SANTA AN
y
JENNIFER HAL ALVARO NUNEZ
City Cler City Manager
APPROVED AS TO FORM: CONVERGINT TECHNOLOGIES
SONIA R. CARVALHO
City Attorney
1f6EDSigned by,
8F1C3016A4B1r
6 "
By: ,,
TAMARA BOGOSIAN BOB BERKERY
Senior Assistant City Attorney General Manager
RECOMMENDED FOR APPROVAL:
Robert Rodriguez
Chief of Police
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EXHIBIT A
Scope of Work—RFP 25-109A
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rF CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Contractor shall perform services as set forth below.
The City of Santa Ana is seeking a professional and experienced firm and or Contractor who specialize
in audio visual system integration, server upgradeslenhancements, system add-ons, and will provide
on-going maintenance and repair services for its existing/enhanced public safety video surveillance
system. Specific expected responsibilities include, but are not limited to the specifications outlined
herein.
I. GENERAL INFORMATION
In 2008, the City entered into an agreement with Siemens, Inc. to design and build a complete video
security system for the Police Administration Building and the County of Orange Civic Center. The
Civic Center footprint which includes the Santa Ana Police Department (SAPD), is located in the
center of Santa Ana and is the County Seat, which includes historic downtown Santa Ana, and key
federal, state, county and local governmental facilities. Upon conducting a comprehensive site
vulnerability assessment, gaps in the protection capabilities of the Historic Downtown District and City
Jail were identified. Federal grant funds from the Department of Homeland Security were then
secured to enhance the physical security of both areas. The installation of an integrated video
surveillance system provided law enforcement and agencies at all levels of government the ability to
maintain real-time situational awareness within the area, and increased their ability to support
investigations through the review of stored video content.
Currently, there are approximately 825 cameras, including twelve Code Blue Help Points, comprising
the City's system including video/audio recording capabilities. Cameras are currently installed at the
following locations: SAPID Administration Building, Civic Center footprint, Historic Downtown District,
City Jail Facility, City libraries, Roosevelt Community Center, Garfield Community Center, Jerome
Community Center, City Police Athletic Activities League (PAAL) centers, six city parks/bicycle trails
and numerous pole cameras at various locations throughout the City. The existing system is an over-
arching network of camera and software subsystems, some of which are federated; in which the
software subsystems have a level of autonomy, but they are all connected to SAPD's dedicated data
center, where the main control servers are housed. Since the implementation of the original
surveillance system in 2008, numerous wireless bridges and switches have been installed throughout
the City. The overall system has demonstrated its value repeatedly in pro-active policing efforts,
criminal and administrative investigations, and within the criminal and civil court systems. Other City
departments are actively seeking funding to join the Public Safety Video Surveillance System by
adding cameras to their respective sites. The camera count above includes the approximate camera
system upgrades outlined in Section V-VIDEO SURVEILLANCE SYSTEM UPGRADES. The system
also receives video viewing only (non-recording, non-audio) capability for additional cameras not
included in the camera count above.
II. MINIMUM CONTRACTOR QUALIFICATIONS
Contractor must possess the following minimum qualifications:
A. Proposer must be a responsible firm that has been in continuous existence and performed
services for the relevant requirements as specified herein for a minimum of five(5)years to
public agencies. Proposers with less than the minimum required experience will not be
considered.
B. Contractor shall provide all labor, management, supervision, tools, parts/materials to
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CITY OF SANTA ANA
provide Services specified herein in accordance with agreement requirements; CAL OSHA
requirements; appropriate manufacture specifications; all applicable technical bulletins,
trade, federal, state, and local laws, ordinances, rules and regulations, including, but not
limited to laws applicable to the Services at the time Services are provided to and accepted
by the City.
Contractor shall comply with all applicable local, state, and federal safety requirements.
All permits and fees required by all other agencies having jurisdiction over any part of the
work shall be obtained and paid for by the Contractor.
Contractor shall be solely responsible for the fees associated with obtaining and/or
maintaining required licenses and all other- appropriate licenses and certifications.
Contractor shall submit current copies of all applicable licenses and certifications to the City
at time of bid submittal and be responsible for maintaining current copies on file if awarded
an agreement.
Contractor's License: In accordance with California Public Contracting Code § 3300, the
City requires Contractors to possess a valid C10 — Electrical Contractor's License
and or California Class B—General Contractor's License at the time proposals
are submitted and to maintain this and all other applicable licenses and
certifications required to perform the work specified herein.
All permits and fees required by all other Agencies having jurisdiction over any part of the
work shall be obtained and paid for by the Contractor.
C. Contractor must demonstrate it has the appropriate knowledge, experience, organizational
ability, and skill to expand City's system including, but not limited to new camera additions,
servers, radio links, integration into multiple software systems, etc.
III. INITIAL ASSESSMENT
Upon execution of a contract, Contractor shall conduct a thorough assessment and inventory of
the entire system and document its findings to the City in a formal document, which must include
the following at minimum:
A. A compiled list of every camera joined to the City's Public Safety Video Surveillance System;
B. Camera list must include:
1. Camera manufacturer and model number
2. Approximate age (exact if known by in-service date)
3. IP & MAC addresses
4. Resolution type
5. Camera type (wireless/analog/digital)
6. Location of physical camera; including the IP & MAC address (if applicable)
• Ensure consistent camera nomenclature (name)throughout, based on input
and direction from City Project Manager;
C. List of every system switch, server, and radio to include:
1. Manufacturer and model number of each system switch, server, and radio
2. Approximate age(exact if known in-service date)
3. [P & MAC address (if applicable)
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a
CITY OF SANTA ANA
4, Assigned hardware name
5. Location
D. Produce a professionally (i.e. AutoCad or equivalent) designed map indicating camera
locations (both electronic and printed versions).
E. Develop an operations manual that outlines the complete design of both the existing and upgraded
surveillance systems, serving as a blueprint for end users to understand system functionality
F. Create a strategy to maintain a parallel surveillance system until newly implemented system is
operational. This includes servers, switches, software, ports, cameras, antennas, etc.
IV. VIDEO SURVEILLANCE SYSTEM UPGRADES
A. Due to the age of the City's current servers, new server(s) are required to operate the surveillance
system. The City is open to either an On-premise OR Cloud system OR Hybrid. Proposals should
define specifications necessary to run the entire system including storage requirements. High-
resolution video footage, inclusive of audio, shall be retained for a minimum of 365 days (1 year).
High resolution is defined as a minimum of 1920x1080 (1080p) at 15 frames per second (fps). For
the Santa Ana City Jail specifically (approximately 345 cameras), video retention shall extend to
two (2) years,with the second year stored at a reduced resolution or using compression. Proposals
may contain any or all of the three options but must be separated by each option and include a
separate section/price:
1. OPTION 1 —On-premise servers
2. OPTION 2 —Cloud system capable of running system off-site
3. OPTION 3 — Hybrid system comprising of both On-Premise and Cloud servers.
B. Santa Ana City Jail Upgrades —62 Civic Center Plaza Santa Ana, CA 92701
1. Approximately twenty (20) to twenty-five (25) new cameras to be installed. Installation to
include all necessary cabling and equipment including system integration.
2. Approximately eighteen (18) to twenty (20) microphones to be installed. Installation to
include all necessary cabling and equipment including system integration.
3. Relocation of six (6) cameras
4. Integration of approximately eighty-eighty (88) currently installed cameras to surveillance
system
C. PAAL Center Upgrades — 300 S. Figueroa St, Santa Ana CA 92704
1. Approximately eight (8) to ten (10) new cameras to be installed. Installation to include all
necessary cabling and equipment including system integration.
D. Santa Ana City Libraries - Four(4) separate locations
1. Approximately forty to forty-five (40-45) new cameras to be installed between the four (4)
library locations. Installation to include all necessary cabling and equipment including
system integration.
E. Centennial Park Regional Training Facility— 3000 W. Edinger, Santa Ana CA 92704
1. Approximately five (5) new cameras to be installed. Installation to include all necessary
Cabling and equipment including system integration.
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0 CITY OF SANTA ANA
V. SOFTWARE APPLICATION MAINTENANCE SERVICE AGREEMENTS
Maintenance service agreements for the following applications must be current and maintained by
Contractor and made available to the City immediately upon request:
A. Milestone XProtect Corporate Upgrade Program
B. Sureview Immx Software Annual Support and Maintenance
C. Hiperwall Software Maintenance Agreement
D. Lexray User Licenses annual subscription
E. OR similar system
VI. REPAIR AND REPLACEMENT
"Repair& Replacement" shall include coverage for the following systems and components:
A. All Milestone XProtect system servers (x8)
B. Hiperwall Video Wall system
1. Servers (x1)
2. Dedicated Workstations (x5)
3. Network Switches
4. Monitors (x10)
5. Server (x1)
C. All cameras (including housings)that are connected to COSA's Milestone XProtect System
D. Power Supplies, including Uninterrupted Power Supplies (UPS) (at minimum 10)
E. Encoders
F. Network Switches (at minimum 10)
1. Cisco
2. HP
G. Communications Radios
1. Ubiquiti
2. Bridgewave
3. Siklu
H. All connections and cabling
I. Standalone computers to view Milestone (x5)
VII. PREVENTATIVE MAINTENANCE
Preventative Maintenance shall be provided, at minimum, on a quarterly basis for the following:
A. Test and Inspection
1. Cameras
2. Encoders
3. Radios
4. Antennas
RFP 25-109A City of Santa Ana Page 23 of 51
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aCITY OF SANTA ANA
5. Power Supplies
6. Network Equipment
7. Servers
B. Cleaning
1. Cameras(Excluding cameras within the Santa Ana City Jail)
2. Power Supplies
3. Antennas
Based on testing and inspections as part of preventative maintenance, Contractor maintenance
actions shall be provided in a quarterly report to City's Public Safety Video Surveillance System Project
Manager. Contractor shall also maintain the same quarterly reports as part of the City's account
documentation. Contractor must provide all system software updates as they become available and
on an annual basis.
Vlll. REPAIR AND REPLACE PROCEDURES
Repair and replacement of worn, failed, or malfunctioned equipment must be provided during normal
business hours, within a maximum of four (4) business days. Should the service be of critical or of an
emergency nature, vendor shall provide response, diagnose the issue, and have begun the repair
process within a maximum of four (4) hours of having been notified or made aware of issue. Contractor
may provide temporary replacement from already existing stock (if available) and provide ETA for
permanent replacement parts and equipment. The contractor is responsible for providing all equipment
necessary to complete the repair/replacement,After-hours and weekend service shall be available should
repair/replace be determined by the City to be of a critical or emergency nature. Additionally, Contractor
shall provide City a description of how they intend to calculate costs for any repair or replacement
services, labor rate(s)for services provided during regular business hours and for urgent requests during
after-hours, parts, supplies, materials and equipment, etc. that fall outside the scope of services of a
resulting maintenance agreement or warranty. This includes an explanation of any standardized
methodology used (i.e. "Time & Materials" charge, hourly labor rates, etc.). All labor shall be billed at
previously agreed upon rates under the awarded agreement. The repair and replacement includes any
newly installed equipment.
IX. SYSTEMS INTEGRITY, MONITORING, AND DIAGNOSTIC REPORTING
Contractor shall provide real-time, 2417 monitoring of system components (servers and storage, core
network and edge network components). Health monitoring of the system is critical to the maintenance
of state-mandated archiving requirements. The monitoring process should be able to maintain reliability,
system uptime, optimized configurations of hardware and software, and for diagnostic reporting that
reduces life-cycle costs to the system.
Contractor shall provide City, within the body of their proposal, a detailed explanation of how they will
provide monitoring services, what system(s) will be used, and what the work-flow will look like in terms
of alerting mechanisms and corresponding adjudication of alerts/alarms.
X. VIDEO ARCHIVING WARRANTY
Vendor shall assess and guarantee that video archiving and retention is compliant with California
Government Code 34090.6. Diagnostic reporting supported by storage calculation data and showing
compliance s shall be provided to the City's Project Manager or designee on a quarterly basis.
High-resolution video footage, inclusive of audio, shall be retained for a minimum of 365 days (1 year).
High resolution is defined as a minimum of 1920x1080 (1080p) at 15 frames per second (fps). For the
Santa Ana City Jail specifically (approximately 345 cameras), video retention shall extend to two years,
with the second year stored at a reduced resolution or using compression.
RFP 25-109A City of Santa Ana Page 24 of 51
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0 CITY OF SANTA ANA
XI. RECORDS AND REPORTS
A. Contractor shall maintain a record of each inspection, test, certification, maintenance, and repair.
Copies of records must be submitted to the Project Manager or designee within five (5) days after
completion of Services. Report shall include the following at minimum:
1. Date of Service incident;
2. Location of equipment;
3. Equipment type;
4. Description of Service(s)Irepair(s), including frequency if applicable (if monthly, annual,
etc.)
5. Service needed or completed;
6. Action taken to restore equipment to Service;
7. Complaint that initiated the call-out or if regularly scheduled Service; and
8. Suggested date of next inspection (if applicable).
B. Contractor shall establish and maintain a complete Service history profile for each City location
Serviced for the duration of the resulting Agreement(s). Files shall contain the following:
1. Listing of all equipment Serviced in each building and structure by nomenclature and
manufacturer's model number;
2. Copy of all completed Service call work authorizations;
3. Maintenance Checklists;
4. Service type and frequency schedule for all equipment located at each site; and
5. Any other information relevant to work performed on video surveillance system and related
equipment.
C. Any floor plans, specifications, estimates, maps, and other relevant documents required to be
prepared by Contractor for Services under the resulting Agreement(s) shall be the property of the
City.
D. Contractor shall maintain a current record of equipment inventory, including type of equipment,
quantity of equipment, site name, and site address which shall be made available to the City upon
request and provided annually to the Project Manager.
E. Contractor shall provide City access to reports and records upon City's request. All records and
copies of reports shall be provided to the City upon its request and within five (5) calendar days
after Contract expiration and at any time during the term of this contract as per request of City.
F. All records and reports shall be available in electronic (including Excel, Word, and PDF Format)
and hard copy format at all times during the term of the contract.
XII. PARTS AND MATERIALS
A. All parts and materials shall be new and meet or exceed the original equipment manufacturer's
specifications and have a warranty of no less than one (1) year.
RFP 25-109A City of Santa Ana Page 25 of 51
Docusign Envelope ID:B2A1 FE72-157F-402C-ABF6-9AD2259E53A3
.) CITY OF SANTA ANA
B. Any parts other than those manufactured by the original equipment manufacturer shall be approved
by the Project Manager or designee before they are utilized.
C. Contractor shall maintain sufficient off-the-shelf parts/materials on hand to support City's Service
requirements. track of availability of parts/materials shall not relieve the Contractor from completing
Service within agreed to timeframe specified in the agreement(s) issued by City.
XIII. PERSONNEL
A. Contractor's personnel responsible for providing Services under this Contractor shall be specifically
trained and qualified to perform all Services according to manufacturer's instructions. Evidence of
all qualifications of personnel, including a minimum of five (5) years of experience in their respective
trade shall be provided to the Project Manager or designee as requested.
B. Contractor is responsible for providing sufficient personnel to accomplish all Services as indicated
in Agreement(s) awarded by City.
C. All Contractor employees shall be identified by a distinctive company logo, emblem, or patch
attached in a prominent place on an outer garment and be easily recognizable as Contractor for
Video Surveillance Maintenance and Repair Services. Employee identification shall not be
substituted for required City badges or passes (if applicable).
XIV. SAFETY REQUIREMENTS
A. Contractor shall take all reasonable precautions, as directed by the County, or in the absence of
such direction, in accordance with sound industrial practices, to safeguard and protect City property
and adjacent property. Damages to properties caused by Contractor's negligence shall be repaired
at no cost (both labor and material)to the City.
B. Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and
non-usable material resulting from the work under this Contract and shall be disposed of at the
completion of each work day by the Contractor at its cost. Hazardous waste must be disposed of in
accordance with all applicable technical bulletins, trade, federal, state, and local laws and
regulations.
C. Contractor is responsible for advising and ensuring compliance by Contractor's employees with all
applicable environmental and hazardous materials handling laws and regulations.
D. Contractor and its employees must have and maintain Material Safety Data Sheets (MSDS) on all
materials that are so required by state and federal laws and/or regulations.
E. Contractor shall provide City a full report of damage to City property and/or equipment by
Contractor's employees.All damage reports shall be submitted to the Project Manager within twenty-
four (24) hours of occurrence.
F. During and at completion of work, debris shall not be allowed to spread unnecessarily into adjacent
areas nor accumulate in the work area. All debris, excess material, and parts, including those
materials that could inflict injury (e.g., nails, wire, wood, etc.), shall be cleaned up continuously as
work progresses and removed at the completion of the job and/or at the end of each work day.
XV. SECURITY REQUIREMENTS
The City operates secured facilities. Contractors and their employees who perform Services at secured
facilities will be required to adhere to strict operation policies designed with the primary purpose of
ensuring a safe and secure environment.
A. Contractor must provide a list of all person nellemployees who will be directly performing tasks
associated with the Contract. Contractor's person nellemployees providing Service in a secured
detention facility, or a Police Department facility, will be expected to pass two (2) separate
background checks performed by Contractor as appropriate at its cost and the City of Santa Ana
RFP 25-109A City of Santa Ana Page 26 of 51
Docusign Envelope ID:B2A1FE72-157F-402C-ABF6-9AD2259E53A3
rIw
CITY OF SANTA ANA
Police Department, No changes shall be authorized to the approved list without a request in writing
submitted by the Contractor and approved by the Site Coordinator. At no time will unauthorized
Contractor employees perform any task associated with this Contract. If this occurs, the Contractor
will be notified that they have not complied with the terms of this Contract and are subject to Contract
termination. The list of all Personnel/Employees working on City projects shall be submitted prior to
award of this Contract.
B, Contractor's staff must maintain a "cleared" status for the duration of the Contract.
C. No person shall be assigned to work under this contract without receiving prior clearance from the
Police Department.
D. City reserves the right to deny clearance at its sole discretion and is under no obligation to provide
a reason and/or explanation for their determination.
E. Contractor shall be responsible for signing in with the Project Manager or designee, as required.
Upon arrival at any secure facility, the Contractor shall report to the designated site contact.
F. Contractor personnel shall have no contact, either verbal or physical, with internees in secured
detention facilities.
G. All vehicles parked onsite shall be locked and secured at all times. Keys are not to be left in vehicles
at any time for any reason. The City shall not be responsible for any theft, loss, or damage to
Contractor property.
H. All equipment and materials shall remain in Contractor's possession at all times and shall never be
left unattended. All lost or misplaced equipment must be reported immediately to the Project
Manager.
I. Contractor staff shall not smoke, use profanity or other inappropriate language while on City facilities.
J. Contractor staff shall not enter City facilities while under the influence of alcohol, drugs, or other
intoxicants and shall not have such materials in their possession.
K. Contractor staff shall be well-disposed to the public and City staff at facilities, but shall only be
responsive to the requests of the Project Manager unless otherwise directed and shall direct all
inquiries or requests to the Project Manager.
XVI. ADDITIONAL SERVICES
If and when City requests Contractor to provide Services in addition to those specified herein, Contractor
shall develop a work plan detailing the specific tasks to be completed and providing a detailed not-to-
exceed budget for performing such additional Services. Contractor shall not perform any additional
Services until Project Manager has approved the work plan in advance. Contractor will not be authorized
to perform or invoice City for any work not specifically authorized by the Project Manager.
RFP 25-109A City of Santa Ana Page 27 of 51
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EXHIBIT B
Scope of Work and Costs Proposal
Racusign En�elape ID;62A1FE72-157F-402C-ABF6 9AD2259E53A3
City of Santa Ana -Video Sury nce System Upgrade and Maintenance and
- • 1
SCOPE OF WORK • PROPOSAL
1. Convergint shall provide the resources and skillset to support any repairs or replacements
that are discovered during the initial assessment work. This section shall be provided based
on time and material.
2. The recommended solution report will be based on collaboration with the City's stakeholders
to
■ Improve City's efficiency
■ Improve City's cost effectiveness.
• Meet the City's long-term budget and roadmaps
• Review system redundancy options and improve reliability.
■ Review new available Al technology and integration that tits the City's goals and business
continuity.
3. The time and material shall be based upon the following labor rate for the year 2025. The
labor rate will be escalated 4% yearly per below;
ITEM LABOR TYPE RATEIHR(REGULAR RATEfHR (AFTER RATEIHR
HOUR) HOUR) (SUNDAYIHOLIDAY
1. PROJECT MANAGER $190.00 NIA NIA
2. ENGINEERING $160.00 $240.00 $320.00
3. TECHNICIAN (HARDWARE) $170.00 $255.00 $340.00
4. SPECIALIST SOFTWARE $190.00 $285.00 $380.00
Time and Material Rates
TOTAL CONTRACT VALUE
Conver int Agreement Number 2 TIME AND MATERIAL
Time and Material $95,592.99
Total Agreement Not To Exceed NTE $95,692.99
convergjnt 11 P a J e
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EXHIBIT C
Customer Support Program(Terms and Conditions)
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Convergint Technologies Terms and Conditions(Customer Support Program) Version 3.1(US AND CANADA)September 2,2024
Throughout this Proposal, including these Terms and Conditions and any attachments, period of time specified in the accompanying Proposal("Initial Term").Attha-end-ef-tfiitial
(together,"Agreement")the tern"Convergint"refers to the Convergint Technologies affiliate Teary,,, this Agraerfrent w111 rsnewhaNtsraatieally#sr sassesslve tar�as of eRe year Renewal
operating in the state/province in which the Services isbeing performed and"Corivergint Related Termand-tegetharwith-thelaflal-Term,the"Term"). Either party may terminate this Agreement
Parties" means Convergint and its contractors, subcontractors, third party product by giving the other party no less than thirty(30)days written notice prior to the expiration date
manufacturers or providers. of the Initial Term or the then current Renewal Term.
SECTION 1.THE SERVICES SECTION 3.PRICING
This Agreement takes precedence over and supersedes all prior proposals,correspondence, Pricing and amounts proposed shall remain valid for 3D days unless otherwise specified.CSP
and oral or written agreements or representations relating to the services set forth in the Costs includes only the Services,including Third Party Products, set forth on Convergint's
accompanying Proposal("Services")and,subject to any changes or addendums,represents Proposal,unless noted otherwise.Additional services or Third Party Products,unless negotiated
the entire agreement between Convergint and Customer. This Agreement applies to the priorto order placement,will be billed accordingly.Sales taxes(or as applicable GST,PST,VAT
exclusion of any other terms that the Customer seeks to impose or incorporate (such as or similar tax)and any other taxes assessed on Customer shall be added to the CSP Costs
Customers purchase order forth)which are in addition to or inconsistent with the terms and upon invoice to Customer.
conditions of this Agreement, or which are implied by trade, custom, practice or course of SECTION 4.INVOICE REMITTANCE AND PAYMENT
dealing,all of which are deemed expressly rejected and will not be binding.
Customer agrees to pay the amount due to Convergint as invoiced,within thirty(30)days of
This Agreement is made without regard to compliance with any special sourcing and/or the date of such invoice.If Customer is overdue in any payment,Convergint shall be antifled to
manufacturing requirements, minority or disadvantaged supplier requirements, or similar suspend the Services without liability until paid,charge Customer an interest rate 1 and 1/2%
government procurement laws.Should such requirements be applicable to this Agreement, percent per month(or the maximum rate permitted by law,whichever is less),and may avail
Convergint reserves the right to modify and/or withdraw its Agreement. itself of any other legal or equitable remedy.Customer shall reimburse Convergintcosts incurred
Customer understands that Convergint is an authorized distributor or reseller and not the in collecting any amounts that become overdue,including attorney fees,court costs and any
manufacturer or developer("OEM")of software,hardware and equipment(collectively,"Third other reasonable expenditure.
Party Products")being maintained under this Agreement. SECTION S.WARRANTY
This Agreement assumes the systems and Third Party Products covered are in maintainable Warranties for Convergint's Services and Third Party Products are described in the Limited
condition. If repairs are found necessary upon initial inspection by Convergint, a separate Warranty for Products and Services available at https.1/www.convergint.com/terms/,which
proposal for repair will be submitted for approval.Should this separate proposal be declined,all is in effect as of the effective date of this Agreement and is incorporated by reference as if
non-maintainable items will be removed from this Agreement and the GSP Costs adjusted set forth herein in full.
accordingly.
SECTION S.CHANGES
Without invalidating this Agreement or any bond given hereunder,Customer or Convergint may
Customer agrees at no cost to Convergint: request changes in the Services with a change order signed by both parties.If Customer orders
a. To provide access to all areas of the site for the equipment identified in and/or relating (i)any changes to the Services(e.g.change in objective,deliverables,tasks or hours), (ii)
to the List of Covered Equipment(as specified in the accompanying Proposal); changes to schedule(e.g.frequency of visits),or(iii)causes any material interference with
b. To supply suitable electrical service as required by Convergint; Convergints performance of the Services, Convergint shall be entitled to an equitable
C. To remove site obstacles and job safety hazards;and adjustment in the time for performance and in the CSP Costs,including a reasonable allowance
d. That in the event of any emergency or systems failure,reasonable safety precautions for overhead and profit.
will be taken by Customer to protect life and property during the period from when SECTION 7.FORCE MAJEURE
Convergint is first notified of the emergency or failure and until such time that Convergint
notifies the Customer that the systems are operational or that the emergency has cleared, Neither Customer nor Convergint shall be liable for any delay or failure in the performance of
It is understood that repair, replacement and emergency service provisions apply only to the their respective obligations pursuant to this Agreement due to circumstances beyond their
systems and Third Party Products covered by this Agreement and identified in the Agreement. reasonable control (`Force Majeure") and without the fault or negligence of the party
Repair or replacement of non-maintainable parts of the systems such as,but not limited to,unit experiencing such delay.A Force Majeure event shall include,but not be limited to: acts of
cabinets,insulating materials,electrical wiring,structural supports and other non-moving parts, God, pandemic or epidemic, diseases, quarantines, unavoidable casualties, concealed
are not included in this Agreement. conditions,acts of any civil or military authority;riot,insurrections,and civil disturbances;
war, invasion, act of foreign enemies, hostilities (regardless of whether or not war is
In the event that the systems or Third Party Products included in this Agreement are modified, declared),rebellion,revolution,terrorist activities;strikes,lockouts or other labor disputes;
repaired,have a peripheral device attached to them,or are adjusted(hardware or software)by embargoes;shortage or unavailability of labor,supplies,materials,equipment or systems;
someone other than a Convergint representative after the Start Date of this Agreement accident,fire,storm,water,flooding,negligence of others,vandalism,power failure,installation
(hereinafter"Modification Event"),Convergint shall have the right to exercise any or all of the of incompatible equipment, improper operating procedures, source current fluctuations or
following options in response to this Modification Event: lighting,transportation contingencies;laws,statutes,regulations,and other legal requirements,
a. Require that the systems or Third Party Products impacted by the Modification Event be orders or judgements; acts or order of any government or agency or official thereof, other
subject to reacceptance,testing by Convergint; catastrophes or any other similar occurrences.If performance by either party is delayed due to
b. Require removal of the equipment impacted by the Modification Event from the scope of this Force Majeure,the time for performance shall be extended for a period of time reasonably
Agreement,so that the Services hereunder will not apply to such equipment; necessary to overcome the effect of the delay and Convergint shall be entitled to an equitable
c. Require termination of this Agreement upon thirty (30) days' notice to Customer, at adjustment of the CSP Costs.
Convergint's option.
SECTION S.INSURANCE
THE SERVICES AND/OR THIRD PARTY PRODUCTS ARE DESIGNED TO HELP In lieu of any Customer insurance requirements,for Services performed in the United States,
REDUCE,BUT NOT ELIMINATE RISKS OF LOSS RELATING TO PEOPLE,PREMISES, Convergint shall maintain the following insurance coverages during the teem of this Agreement
OR PROPERTY. THE AMOUNTS BEING CHARGED BY CONVERGINT ARE NOT SUFFICIENT TO GUARANTEE THAT LOSS OR DAMAGE WILL DECREASE OR BE and upon request,shall provide certificates of insurance to the Customer:
ELIMINATED. Customer acknowledges that proper safety and security requires a multi- Workers Compensation Statutory Limits
layered approach of people,processes,safety,and technologies. The Services,including Employers Liability $1,000,000 per occurrencelaggregate
Third Party Products,provided by Convergint are not sufficient to ensure overall safety and Commercial General Liability $1,000,000 peroccurrence
security. Customer acknowledges and agrees that it is responsible for its overall safety and $2,000,000 general aggregate
security,including testing and maintenance of the Third Party Products(except to the extent Automobile Liability $1,000,000 per occurrence/aggregate
contracted to Convergint by written agreement)and training of its personnel. Customer Excess/Umbrella Liability $3,000,000 peroccurrence/aggregate
acknowledges and agrees that it has a duty of care and is solely responsible for its Convergint shall not provide less runs or copies of its insurance policies. Convergint shall provide
compliance with applicable laws,rules,and regulations,including but not limited to export to the Customer no less than thirty(30)days'notice prior to the termination or cancellation of
and re-export restrictions and regulations, privacy and data protection regulations, any such insurance policy. For services performed in Canada,Convergint shall maintain similar
applicable OEM instructions,terms and conditions,EULAs,and proper product usage, insurance coverage dependent upon the local requirements in Canada and upon the insurance
Risk of less,including any materials comprising the Services,shall pass to Customer as available under Convergint's insurance program. All required insurance coverage shall be
the materials are incorporated at Customers site subject to any end user license reasonable in the circumstances and compliant with local regulations.
agreements. If materials are earlier stored on Customers site pursuant to agreement SECTION 9.INDEMNIFICATION
between Customer and Convergint,risk of loss with respect to such materials shall pass to
Customer upon delivery to Customers site. To the fullest extent allowed by law,Convergint shall indemnify and hold Customer harmless
from and against daims,damages,losses,and expenses(excluding loss of use)attributable to
Applicable to Monitoring Services Only:If Monitoring Services are identified in the Proposal, bodily injury,sickness,disease or death,or to destruction of tangible property,but only to the
the parties agree that(a)these Terms and Conditions are not applicable,and(b)Monitoring extent caused by the negligent acts or omissions of Convergint or Converginf's employees or
Services are governed by the Monitoring Services Terms and Conditions effective on the subcontractors while on Customers site.
Effective Date of the Proposal and available at hitps.Nwww.convergint.com/terms,which is
incorporated by reference as if set forth herein in full. °Monitoring Services°is defined as If Convergint is providing products or services for intrusion detection,detection of specific
"Services"in the Monitoring Services Terms and Conditions. threats to people or property (including gunshot, or drone detection), mass notification,
ballistics or explosives protection, or processing of biometric, health, financial, or
SECTION 2.TERM government identifier data (collectively, "Special Offerings"), then to the fullest extent
This Agreement will commence on the Services start date("Start Date")and continue for the allowed by law(i) Convergint's indemnification obligations under the Agreement do not
V3.1 September 2024 Convergint Technologies
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apply whatsoever and Convergint Related Parties have no liability to Customer for any Convergint shall retain title and ownership of all intellectual property rights relating to the
losses or damages caused by any Special Offerings; and(4)Customer shall indemnify, drawings, technical documentation, or other technical information ("Documentation")
defend, and hold harmless Convergint Related Parties, from and against all claims, delivered under this Agreement.The OEMs shall retain title and ownership of all intellectual
demands,actions, liabilities,damages,and costs (including reasonable attorneys'fees) property rights relating to the Third Party Products and will grant any license and right to
relating to Special Offerings provided by Convergint,except to the extent of Convergint's use in connection with the Third Party Product through the OEM's end user license
gross negligence installing such Special Offerings.Any waiver of damages or limitation of agreement or other terms and conditions, Customer shall not use any Documentation
liability contained in the Agreement and as modified herein shall not apply to Customer's supplied by Convergint for any purposes other than those directly related to this Agreement
indemnification,hold harmless and defense obligations herein, or for the use and/or maintenance of the Third Party Product.
Applicable to Weapons Detection Only:If Convergint provides Weapons Detection Systems SECTION 14.PRICE ADJUSTMENT
or Services, then such Systems and Services are further governed by the Weapons Beginning on the one(1)year anniversary of the Start Date and annually thereafter for the
Detection Addendum effective on the Effective Date of this Proposal and available at Term of this Agreement,Convergint may automatically adjust the CSP Costs and Rates set
httpsl/www.convergint.com/terms,which is incorporated by reference as if set forth herein forth in this Agreement: (i)by a percentage equal to the annual percent change in the
in full. "Weapons Detection Systems or Services"means any"Systems"and/or"Services" Consumer Price Index("CPI')for"All Cities,All Urban Consumers"as published by the
as each are defined in the Weapons Detection Addendum. Bureau of Labor Statistics of the U.S.Department of Labor(i€the Services are performed in
SECTION 10.LIMITATION OF LIABILITY the United States)or Statistics Canada(if the Services are performed in Canada)for the 12-
EXCEPT AS PROVIDED HEREIN,TO THE FULLEST EXTENT ALLOWED BY LAW:(A) month period ending December 31 of the prior year;or(ii)with five(5)days prior written
IN NO EVENT SHALL EITHER CONVERGINT RELATED PARTIES, OR CUSTOMER BE notice,in excess of the CPI if based on:(a)changes by its vendors to the cost of materials
LIABLE UNDER OR IN CONNECTION WITH THIS PROPOSAL FOR SPECIAL,INDIRECT, or Third Party Products to be provided and/or labor costs related to personnel responsible
INCIDENTAL, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL DAMAGES, INCLUDING for performing the Services,(b)macroeconomic conditions,such as taxes,tariffs or duties,
COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS natural disasters,labor shortageststrikes,etc.,(c)market conditions such as price volatility
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND(B)THE AGGREGATE or availability limitations,or(d)other events not within Convergint's control that impact the
LIABILITY OF CONVERGINT RELATED PARTIES ARISING OUT OF OR RELATED TO cost of performing the Services,and(a)such adjustment is supported by documentation or
THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO other evidence.The effective date of this adjustment shall be the first invoice in each new
CONVERGINT UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD anniversary year. Convergint reserves the right to add periodic surcharges, including
IMMEDIATELY PRECEDING THE DATE OF THE FIRST INCIDENT GIVING RISE TO without limitation, adjustments for the then current price of fuel, such surcharges to be
THE LIABILITY.THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS specified and invoiced by Convergint,
LIMIT. THE LIMITATION SET FORTH IN THIS SECTION SHALL_APPLY WHETHER THE SECTION 15.TERMINATION
CLAIM IS BASED ON CONTRACT,WARRANTY,TORT(INCLUDING NEGLIGENCE)OR If a party materially breaches this Agreement,the other party shall provide written notice of the
OTHER LEGAL THEORY. breach and a reasonable time to cure the breach,but in no event less than 30 days If the
SECTION 11.COMPLIANCE WITH LAW,SAFETY,&SITE CONDITIONS breaching party fails to cure the breach within the specified time period,the non-breaching parry
Convergint agrees to comply with all laws,rules and regulations applicable to its provision of the may terminate this Agreement upon 15 days written notice to the other party.If Convergint
Services,Customer will comply with all applicable laws and agreements applicable to its use notifies Customer of a material breach pursuant to this paragraph,Convergint may temporarily
and operation of the Services. Convergint shall comply with all safety related laws and suspend its services without liability until Customer cures the breach.
regulations and with the safety program ofthe Customer,provided such program is supplied to SECTION 16.GOVERNING LAW AND DISPUTES
Convergint prior to beginning Services. The parties agree that this Agreement shall be governed by the laws of the statelprovince
If during the course of its Services,Convergint encounters conditions at the site that are where the Services are being performed,and venue for disputes shall be located in that
subsurface, differ materially from what is represented in the contract documents, or state/province.
otherwise concealed physical conditions, Convergint shall be entitled to an extension of in the event ,anydispute_betwee„Convei^„t and G e,^,„s" Ge Fit sterner-spell
time and additional costs for the performance of its work. fimtatterept-tG49sehe4e bisWG4n-the4dA�yue;s f that, _„ot��go�ot
If Convergint discovers or suspects the presence of hazardous materials or unsafe working het.,eeR a the.:zed „ F „h,.,,.....,,„., if „ttl„me ptfraranot-successful,unless
conditions at Customer's site where the Services are to be performed,Convergint is entitled to the-dssPete-requeras injanskve ef-ther+t#�e dispNte ll e d -'f,�,.a„t^^
stop the Services at that site if such hazardous materials,or unsafe working conditions were not Such arb' accordance with the Gith the Go mreereied^„a sratlen Roles of the
provided by or caused by Convergint 'Convergint in its sole discretion shall determine when it Aare in 'the ';„'tea. State"
is "safe" to return to perform the Services at Customers site. Convergint shall have no A-ta'"•at o.,,'--o„ies of the nno inrlit to of Ganad IRG.(if ,.F the 8ePv . .._ psFf...._ed �)
responsibility for the discovery,presence,handling,removing or disposal of or exposure of sumently-it�effect ky a r,€r�gfe aFt�trater wall be z mar h'^d'^9 Fesel•fi^"of the
persons to hazardous materials in any form at the Customers site.To the fullest extent allowed pr�sar�ted betwe ^t" �part o„ ".e^ paw�"a.be
by law,Customer shall indemnify and hold harmless Convergint from and against claims, attemeys' 9srand--rests-Aa39wa' of at^or—n,ay-oitersd-asa-judgKneFit in any
damages,losses and expenses,including but not limited to,reasonable attorney's fees,arising „eu*having jLiFisd'st eri
out of or resulting from undisclosed hazardous materials or unsafe working conditions at SECTION 17.MISCELLANEOUS
Customers site.
SECTION 12.PERSONAL DATA&SECURITY The parties have required that this Agreement be written in English and have also agreed that
all notices or other documents required by or contemplated in this Agreement be written in
Convergint's obligations and liabilities regarding Processing of Personal Data and English.Les parties ant requis que cette convention soit redigee an anglais at ant egalement
information security shall be limited solely to Processing performed by Convergint's convene que tout Avis ou autre document exige aux termer des presentes ou decoulantde Tune
personnel. Processing by OEMs or Third Party Products are governed by any applicable quelconque de ses dispositions sera prepare en anglais.
OEM end user licensing agreements or terms and conditions. Customer represents and Any changes to this Agreement shall be in writing signed by both Customer and Convergint.
warrants that it will comply with all applicable Data Protection Laws. Although certain
products delivered by Convergint may be capable of processing Riometric Information, In the event any provision of this Agreement is held to be invalid or unenforceable,the remaining
Personal Health Information,financial information, or government identifiers ("Sensitive provisions of this Agreement shall remain in full force and effect.
Information'), Customer acknowledges that Convergint is not Processing Sensitive Customer waives all claims against Convergint arising from or related to suspension of services
Information(or to the extent it is Processing Sensitive Information,it is doing so strictly in pursuant to this Agreement,
accordance with Customers instructions) and Customer is solely responsible for Customer and Convergint are independent contractors,and nothing in this Agreement creates
compliance of all such Processing with Data Protection Laws, To the fullest extent allowed any agency,joint venture,partnership,or otherform ofjoint enterprise,employment,orfiduciary
by law,Customer shall indemnify,defend and hold harmless Convergint from and against relationship between them. Nothing contained in this Agreement shall be deemed to create a
all claims, demands, actions, liabilities, damages, and costs (including reasonable relationship of employee or employer between the parties,and neither party shall be entitled to
attorneys'fees)assorted by a third party arising out of or relating to failure to comply with any benefits that the other party provides for its own employees, including workers
applicable Data Protection Laws including but not limited to those related to Sensitive compensation and unemployment insurance. Each party shall have exclusive control over its
Information. Convergint's obligations and liabilities regarding information security and own employees,agents,and subcontractors,its labor and employee relations,and its policies
Processing of customer information or data, including Personal Data, are limited to relating to wages,hours,working conditions,or other conditions.
Processing performed by Convergint(if any). OEM and Third Party Product information
security and Processing is governed by applicable OEM end user licensing agreements or Neither party to this Agreement shall assign this Agreement without the pdorwdtten consent of
terns. "Personal Data", "Process(ing)", "Biometric Information", and "Personal Health the other party hereto.Notwithstanding the foregoing,Convergint may assign this Agreement
Information" shall be interpreted in accordance with, and shall include analogous without notice or consent(i)to any of its parents,subsidiaries or affiliated companies or any
terminology as used in,applicable laws and regulations relating to data privacy,information entity majority owned by Convergint; or (ii) in connection with a merger, acquisition,
security, data protection, data breaches, cross-border data flows, and/or the rights and reorganization,sale of all of the equity interests of Convergint,or a sale of all or substantially all
obligations of persons or entities regarding personal information("Data Protection Laws"). of the assets of Convergint to which this Agreement relates.
To the extent Convergint accesses Customers information systems,Convergint will not If Customer transfers ownership or management of the Customer's site to a third party,
be responsible or liable for losses or harms caused by following Customer's instructions, Customer will promptly provide Convergint with the new owner's or managers contact
caused by Third Party Products,caused by third party or Customer-specified remote access information and take all such actions as are necessary to assign this Agreement to the third
software, or that are otherwise not due to the fault of Convergint. Customer-authorized party.
changes to Customer information systems are at Customers own risk and Customer Notices shall be in writing and addressed to the other party,in accordance with the names and
acknowledges it is responsible for the overall security of its information systems. addresses of the parties as shown in the Proposal.All notices shall be effective upon receipt by
SECTION 13.INTELLECTUAL PROPERTY the party to whom the notice was sent.
September 2,2024 Page 2 of 3 Convergint Technologies
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In no event will Convergint be obligated to comply with any project labor agreements or
othercollective bargaining agreements.
A waiver of the terms hereunder by one party to the other party shall not be effective unless in
wrsting and signed by a person with authority to commit the Customer and Convergint.No
wa#ver by Customer or Convergint shall operate as a continuous waiver, unless the written
waiver specifically states that it is a continuous waiver of the terms stated in that waiver.
The Sections regarding invoicing,warranty,indemnity,limitation of liability,confidentiality and
disputes shall survive the termination of this Agreement.
Convergint provides additional product safety and service information at
httpsalwww.convergint.com/terms/ (see "IMPORTANT PRODUCT SAFETY AND
SERVICE INFORMATION"),which it encourages Customer to review prior to use.
September 2,2D24 Page 3 of 3 Convergint Technologies
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EXHIBIT D
Addendum No. I
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L101
Proposed Addendum No. 1 to the Consultant Agreement City of Santa Ana("Agreement")
City of Santa Ana ("City")and Convergint Technologies LLC ("Consultant")
Project Name Video Surveillance Upgrade
This Addendum No. 1 ("Addendum") to come, ("Effective Date") amends and supplements the Agreement,
including any other documents referred to or incorporated therein. Notwithstanding any terms contained in the
Agreement to the contrary, in the event of a conflict between the terms of the Agreement and the terms of this
Addendum, the terms of this Addendum shall supersede and prevail. The Addendum No. 1 is for the work on the
Agreement and shall not be construed as a course of dealing on other projects.
1. Notwithstanding anything to the contrary,this Agreement may be assigned by either party,without notice
or consent,to an affiliate of the party or in connection with a change of control, merger, reorganization, acquisition,
sale of a majority of the equity interests of the party, or a sale of a majority of the assets of the party to which this
Agreement relates.
2. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL EITHER CONSULTANT OR
CITY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO, COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
CONSULTANT EXCEED 100%OF THE FEES IN THIS AGREEMENT. THE LIMITATION SET FORTH IN THIS
SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE) OR OTHER THEORY.
3. Consultant shall maintain the insurance coverage and deductibles-SIRS reflected on its standard
certificate of insurance and supporting documentation, which is attachedand is approved. Additional Insured will
be on 20 10 12 19 and 20 37 12 19 forms. The insurance policy limits for any of the coverages required by this
Agreement may be procured and maintained in the form of both primary and umbrella liability policies. Copies of
policies will not be provided.
4. Notwithstanding anything to the contrary in the Agreement, Consultant's indemnity, defense and hold
harmless obligations under the Agreement shall only apply third-party claims (i) to the extent caused by its
negligence; or(ii) for intellectual property infringement related to unaltered work product created by Consultant,
subject to the Limitation of Liability clause of this Agreement,
5. Pricing is based on current market conditions and does not include any potential tariffs, duties, or
manufacturer-imposed surcharges that may arise during the course of the project. If such costs are incurred due
to changes in trade policies, supply chain disruptions, or other external factors beyond Consultant's control,
Consultant will assess their impact and submit a formal change order for review. These costs will be
communicated transparently, and project continuation may require an adjustment to the budget accordingly. The
City's agreement to the change request will not be unreasonably withheld,
The parties have executed this addendum on the Effective Date.
City: City's Name Consultant: Convergint Technologies LLC
igned byBy: See attached signature page By: r�,9
;
Name: Name: Bob Berkery
Title: Title:. General Manager
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EXHIBIT E
Insurance Requirements
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Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an"occurrence"basis,including products and completed operations,property damage,bodily
injury and personal&advertising injury with Iimits no less than$2,000,000 per occurrence.If a general
aggregate limit applies,either the general aggregate limit shall apply separately to this project/location
(ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos,covering hired,(Code 8)and non-owned autos(Code 9),with limit no
less than$1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or
disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor's
profession,with limit no less than$1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above,the
City requires and shall be entitled to the broader coverage and/or higher limits maintained by the
contractor.
Other Insurance Provisions
The insurance policies are to contain,or be endorsed to contain,the following provisions:
Additional Insured Status
The City,its officers,officials,employees,and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts or equipment furnished in connection with such work or
operations, General liability coverage can be provided in the form of an endorsement to the
Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26,
CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary
insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials,employees,or volunteers shall be excess ofthe Contractor's insurance and shall not contribute
with it.
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Insurance Requirements
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,except with
notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation,
but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
Se f Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the
Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and
related investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best's rating of no less than ANII, unless otherwise acceptable to the City.
Claims Marie Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the
beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five(5)
years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date,the Contractor must purchase
"extended reporting"coverage for a minimum offive(S)years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of
the applicable policy language effecting coverage required by this clause. All certificates and
endorsements are to be received and approved by the City before work commences.However, failure
to obtain the required documents prior to the work beginning shall not waive the Contractor's
obligation to provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications,at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer,coverage, or other special circumstances.
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EXHIBIT F
Certifications(Attachments A-J)
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ATTACHMENT A
PROPOSER'S CERTIFICATION, PROPOSAL PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of
this Request for Proposals. I have examined the Scope of Services (Exhibit 1)and am
qualified to provide services being requested as specified herein. I understand and agree that
I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions
on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or
services to the City in accordance with said terms and conditions.
Convergint Technologies LLC 714-546-2780
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
20 Centerpointe Dr. Suite 120 La Palma CA 90623
BUSINESS ADDRESS
Bob Berkery General Manager
PRINTED NAME OF AUTHORIZED AGENT TITLE
� 912125
Bob.Berke r convey in .co m
SIGNATURE OF AUTHOR IZI�Q GENT DATE E-MAIL ADDRESS
90-0881132 986407
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IF APPLICABLE)
18029650
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTILAND 1FANAWARD IS MADE TO PROPOSER.)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
LiROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 25-109A City of Santa Ana Page 42 of 51
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ATTACHMENT B
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name: County of Qrange. Contact Individual: Ray O'Grady
Address: 601 N ROSS ST, —Phone Number: (714) 667-4915
SANTA ANA, CA 92701
__., .... EMAIL: . Ray,,OGrady@ocit.00gov.com
Contract Amount: -_ Year: . 2021 Pre.M.t__
Axis Cameras
Description of supplies, equipment, or services provided: -Genetec Video Surveillance
The deployment, repair,and maintenance of County-wide video, access - Lenel Access Control
control,and intercom • Panic Buttons, Intercom, Intrusion
REFERENCE
Customer Name: City of Tustin Police Department Contact Individual: Sean Tran
Address: dennial Way Phone Number: -714-573-3078
Tustin, CA 92780 EMAIL: stran@tustinca.org
Contract Amount: $1.5M + Year: 2018 — Present
•Axis Cameras
Description of supplies, equipment, or services provided: • Genetec Video Surveillance
To deploy and maintain a Genetec • Dell Servers and Workstations
citywide wired and wireless-Lased video surveillances stem including i e Ss
Installing jail cameras.
R FERENCE
Customer Name: City of Irvine Department Contact Individual: Nick R Croft
Address: One Civic Center Plaza Phone Number: 949-724-7425
Irvine, CA 92623
EMAIL: nrycroft@cityofirvine.org
Contract Amount: $2M+_ .�. .�- --_-__-_ Year: 2016 -- Present __
;Is camerasDescription of supplies,equipment, or services provided:
anetec Video surveillance This project Includes approximately 350 cameras and 150 card readers
anetec lefcar Access Control
�iefCam Vidroe�hout different buildings throughout diff b s with the installation of Genetec Video Surveillance
?II Servers and Workstations
entofon In THIS MUST B COMPLETED � LL
ertus Masi,Notifination S st ETED AND INCLU IED WITH THE PROPOSAL.
klu Wirele s PRyNbSALSTHAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE_
RFP 25-109A City of Santa Ana Page 43 of 51
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ATTACHMENT C
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City)shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery(as defined above)of the accepted agreement he/she will famish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City's legal holidays), or the funds, check,draft, or proposer's bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work,that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals,and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm Convergint Technologies LLC
Signed and Printed Name: Bob Berkery
Title General Manager
Date 9/2/25
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 25-109A City of Santa Ana Page 46 of 50
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ATTACHMENT D
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham, that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to
secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the proposal are true; and, further, that the proposer has not,
directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Y
Signed
State of CA -, County of Orange _... ..___
Subscrib and sworn to (or affirmed) before me on this 2nd day of September , 2025 , by
��16- Ig�-�l�f�-r't_t_-�.�.__, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before m�.
VIROMIA KNUDTSON
Y COMM. #2501568 z
i Notary Public•California c
z Orange County -�
K Comm.Ex ices Oct.20,2028
Notary blic Sign tune Notary Public Seal
THIS FORM MIDST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE,
RFP 25-109A City of Santa Ana Page 47 of 50
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ATTACHMENT E
NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S, Code. Any person who falls to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed: -- -'`` "` --
Title: General Manaqer
Firm: Convergent Technologies LLC
Date: 9l2125
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
i_
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 25-109A City of Santa Ana Page 48 of 50
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ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race,color, religion, sex,or national origin. The Consultant shall take aff€rmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5, The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules,
regulations, and orders.
1. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contractor
with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1)through (7)in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
RFP 25-109A City of Santa Ana Page 49 of 50
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including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a subconsultant or vendor as a result:of such direction
by the administering agency, the Consultant may request that the United States enter into such
litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended, no discrimination shall be made in the employment of persons upon public works because
of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital
status, or sex of such persons, except as provided in Section 1420, and any consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: 1
Title: General Manager
Firm. Convergint Technologies LLC
Date: 9/2/25
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 25-109A City of Santa Ana Page 50 of 50
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ATTACHMENT G
SAM.GOV UEI VERIFICATION
On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.
Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.
They no longer have to go to a third-party website to obtain their identifier. This transition allows the
government to streamline the entity Identification and validation process, malting it easier and less
burdensome for entities to do business with the federal government.
This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov
UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and
active registration status.
Proposer's UEI: PXB2X38X4V11
SAM.gov Registration Expiration Date: 10/9/25
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP 25-109A City of Santa Ana Page 51 of 50
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ATTACHMENT H
Certification Regardin
Debarment,Suspension,Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, as amended,
Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of
Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988,
Federal Register(Pages 19160-19211), and as subsequently amended in 81 Federal Register 2S585.
(Before completing certification, read instructions which are an integral part of certification)
1. Pursuant to 2 CFR 180.335,the prospective primary participant, (i.e. grantee) certifies to the best of
its knowledge and belief,that it and its principals:
a. Are not presently excluded or disqualified;
b. Have not been convicted within the preceding three years of any of the offenses listed in 2
CFR 180.800(a)or had a civil judgment rendered against them for one of those offenses within
that time period.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity(Federal,State or local)with commission of any of the offenses listed in 2 CFR 180.800(a);
and
d. Have not had one or more public transactions(Federal,State or local)terminated within the
preceding three years for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
Convergint Technologies LLC
Consultant
Bob Berkery, General Manager
Name and Title of Official Authorized to Certify
On Behalf of the Consultant
912125
Date
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ATTACHMENT H
INSTRUCTION FOR CERTIFICATION
1. By signing and submitting this proposal,the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government,the Department of Labor(DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous whom submitted or has become
erroneous by reason of changed circumstances.
4. The terms"covered transaction", "debarment", "suspension", "disqualified," "ineligible", "lower tier
covered transaction", "participant", "person","primary covered transaction", "principal',
"proposal', and "voluntarily excluded",as used in this cause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,suspended, disqualified,declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds agrees by submitting this proposal,that it will
include the clause title"Certification Regarding Debarment,Suspension, Ineligible, or voluntarily
excluded from the covered transaction" unless it knows that the certification is erroneous.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation In this transaction, in
addition to other remedies available to the Federal Government,the DOL may pursue available
remedies, including suspension and/or debarment.
i'
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ATTACHMENT I
U SUBCONTRACTOR DESIGNATION FORM
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly
set forth below the name and location of each subcontractor who will perform work or labor or render
service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%s) of
bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and
agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of
work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder
must indicate what portion of the work each subcontractor will perform), bidder must perform that
portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to
those subcontractors listed for work under the base bid, bidder must list subcontractors that will
perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including
alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the
portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need
to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing
the required information, as indicated below, shall be attached hereto and made a part of this document_
Listed below is the name of each subcontractor that will perform work, labor, or render services to the
undersigned related to the work of this project. This is to include any subcontractor that will specially
fabricate and install a portion of work according to detailed drawings contained in the plans and
specifications in the amount greater than one half of one percent (.05%a) of the contractors total bid.
Additional sheets may be attached if needed.
Subcontractor Name: Location:
Not Applicable
Portion of Work/Trade: Bid Amount
Contractor's License Number DIR Registration No,
Subcontractor Name: Location:
Portion of Work./Trade: Bid Amount:
Contractor's License No: DIR Registration No:
Attachment I City of Santa Ana 1 Purchasing Page 1 of Z
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�__.
ATTACHMENT J
CARB FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies,
rules and regulations and are familiar with the requirements of Title 13, California Code of
Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby
certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet,
and/or that of their subcontractor(s) ("Fleet") is true and correct:
❑l The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of
Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the
subject vehicles, and reasoning for exemption has been attached hereto.
❑ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined
in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the
normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they
were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids).
OThe Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because
this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall
only operate the exempted vehicles in the emergency situation and records of the exempted vehicles
must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is
attached hereto.
Convergint Technologies LLC
Bidder's Company Name (please print or type)
Signature of Bidder
Bob Berkery
Print Name
General Manager
Title
Not Applicable
DOORS ID
Attachment J City of Santa Ana I Purchasing Page 1 of 1