HomeMy WebLinkAboutResolution - 2018-R0189 - Digital Air Control - DAC - 06/14/2018Resolution No. 2018-RO 189
Item No. 6.8
June 14, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Professional Services Contract No. 14056 for Access Control
System Services, by and between the City of Lubbock and Digital Air Control, Inc. dba DAC, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on June 14, 2018
DANIEL M. POPE, MAYOR
ATTEST:
6QU4 A j
Retie ca Garza, City Secreta
APPROVED AS TO CONTENT:
�Ua�' �(Jemt kay"
Ill
Mark Yearwood, Assistant City Manage
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs/RES.PSC-14056.Access Control System
05.14.2018
Resolution No. 2018-RO189
Contract No. 14056
City of Lubbock, TX
SERVICE AGREEMENT
This Service Agreement (this "Agreement") is entered into as of the 14th day of June 2018,
("Effective Date") by and between Digital Air Control, Inc. dba DAC, (the Contractor), and the City of
Lubbock (the "City").
RECITALS
WHEREAS, the City would like utilize the Department of Information Resources (hereinafter "DIR")
Contract DIR—TS03647 for the retrofit installation of an Open Options DNAFusion Access Control
System,
WHEREAS, the parties enter into this agreement in accordance with Local Government Code
(LGC) §271.102 (b); and
WHEREAS, Contractor desires to perform as an independent contractor to provide for retrofit
installation of an Open Options DNAFusion Access Control System, upon terms and conditions
maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits, which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — Proposal and Investment
3. Exhibit B — Insurance Requirements
SCOPE OF WORK
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B hereto.
Article 1 SERVICES
1.1 Contractor agrees to perform services for the City that are specified set forth in Exhibit A.
The City agrees to pay the amounts stated in Exhibit A, to Contractor for performing services,
in an amount not to exceed $131,173.00.
1.2 Contractor shall use its commercially reasonable efforts to render Services under this
Agreement in a professional and business -like manner and in accordance with the standards
and practices recognized in the industry.
1.3 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30
day written notice. The City of Lubbock reserves the right to award the canceled contract
to the next lowest and best bidder as it deems to be in the best interest of the city.
1.4 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.5 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.6 Contractor shall indemnify, defend, keep and save harmless the City, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities,
judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence
of the granting of the contract or which may anywise result there from, whether or not it shall be
alleged or determined that the act was caused through negligence or omission of the Contractor or its
employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at
his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses
arising there from or incurred in connection therewith, and, if any judgment shall be rendered against
the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same.
Contractor expressly understands and agrees that any bond required by the contract, or otherwise
provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City as herein provided.
Article 2 MISCELLANEOUS
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within thirty (30) days of written notification
from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all
remedies available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves
the right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this document, this
provision shall control.
2.11 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that:
(l) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
2.12 SB 252 prohibits the City from entering into a contract with a vendor that is identified by
The Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
�) j
�1
Reb cca Garza, City Secreta
APPROVED AS TO CONTENT:
W kA U / A C41J-J�m
Mark Yearwood, Assistant City Manager
APPROVED AS TO FORM:
wx"U�C_
Assistant City Attorney
DANIEL M. POPE, MAYOR
Digital Air Con ol, c. dba DAC, Inc.
By:
Authori Representative
[)ace
Texas Security License B16589
DIR Contract DIR-TSO-3647
May 1, 2018
Exhibit "A"
Michael Brown
System Administrator
City of Lubbock
RE: City of Lubbock Access Control Open Options per DIR Contract — Police Department
•PROPOSAL
We are pleased to offer this proposal to provide and install Access Control System, Open Options dnaFusion to
replace the existing system. This proposal is based on:
• Meetings at ASIS with Open Option Representative.
• Comprehensive site reviews for Police Department, 10`'' Street Office and EOC - 12/06/17- 12/11/17.
• Design Site documents provided by the City where available.
• Quote based on existing doors, existing equipment, number of openings, including adding additional doors.
• Extension of Corporate Open Options System
• Minimal System Downtime while migrating door—to-door.
• Preservation of existing readers, device wiring and terminations.
• Preservation of the badge population and scheduling database.
• Support for multiple card formats.
• Capability of Video Integration
• Capability of integration with LDAP, HRMS, Human Resources Mgmt. System (PeopleSoft).
• Custom Reports and Local Badging Creation
• Existing cable infrastructure and panel locations
• City of Lubbock to provide and install all cable, power supplies and electrified hardware at EOC.
• Electrical Contractor to provide required conduit and backbox and 120vac power at panel locations.
• Our standard DIR Terms and Conditions of Sale which are posted online DIR.
• This proposal is dated May 1, 2018 and is valid for thirty (60) days.
• Sales tax is not included.
INVESTMENT
This will expedite the conversion from the existing platform to the new platform, minimizing the risk of
business disruption and improving the productivity of your staff immediately to better secure the facility.
Access Control Systems Migration - PD $ 131,173.75
DAC Inc. Security Solutions 11 P a g e
' w
Texas Security License B16589
DIR Contract DIR-TSO-3647
CONTACTS
Thank you for the opportunity to work with you on this project. Should you have any questions, please
contact:
Michael Gonzales, DIR System Sales, 214-843-5727, mgo�es cro,dac-inc.com
Dan Moore, Branch Operations Manager, 806-791-5111, dmoore@dac-inc.com
Clayton King, Project Manager, 806-548-1538 cell, cking@dac-inc.com
0 SCOPE OF WORK
This proposal includes the retrofit installation of an Open Options DNA Fusion Access Control System.
Our scope of work includes installing the dnaFusion Software on a customer provided Virtual server that
complies with the manufactures specified configuration. Installing the Wall mountable dnaFusion Controllers,
self-contained network appliances for the door-to-door replacement of the existing door controllers keeping
the existing system active for a secure environment. MINIMAL SYSTEM DOWNTIME.
DNA FusionTM is built using the very latest technology in software development by Microsoft®. DNA
Fusion is designed for the extended enterprise taking full advantage of the Distributed Network Architecture
model, which allows for total flexibility and control. DNA Fusion is designed with 100% InfoReady
architecture. This means that your information is always right at your fingertips, eliminating the need to run a
report or several reports to get the data you need. DAC Inc. includes project management, engineering and
start-up labor, commissioning, miscellaneous installation materials, one-year warranty, and operator
instruction and training.
The open access control platform will utilize the customers Ethernet I/T network for communication
between the system controllers on various floors and buildings.
Our proposal does not include the installation of POE network switches, conduit, raceways, or 120V power.
Pricing also does not include providing, modifying or installing electronic door hardware, unless specified.
Our pricing is estimated based on cursory information, and assumptions are taken for door locations and
existing equipment counts and reliability.
Access Control — DAC to provide and install
• (74) Access Control Doors — Open Options
• DAC will utilize existing hardware on (59) doors with electronics
• DAC will repurpose existing door locks where available
DAC will provide and install (15) new doors with access control
o (1) Open Options Systems Access Control Panel for 74 Doors
o (1) 6 Client Licenses and 100 subcontrollers
DAC Inc. Security Solutions 2 1 F a g e
D1OCO
Texas Security License B16589
DIR Contract DIR-TSO-3647
o (15) Card Readers for new doors
o (5) AD400 Readers for the property rooms
o (15) Electric Locks, Door Contacts and REX
o Composite cable from doors to IT closet + 20' service loop
o Utilize existing Power Supplies for Lock Power
o No Fire Alarm Integration
o City Permits, Plan Review and Inspection
o Keys, cylinders provided by others.
o Doors to be prepped by others
o All Door hardware provided and installed by others
o (1) Testing, Commissioning and Training required
Respectfully,
"'r, (P—Y-,—,
Michael Gonzales I DAC, Inc. I Mobile: 214-843-5727
Security * Access Control * Video Surveillance
DAC Inc. Security Solutions 3 1 P a g e
Exhibit "B"
City of Lubbock, TX
Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to
the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and
termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated
thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of
this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the
industry as well as the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension
hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to
the City, in the following type(s) and amount(s):
INSURANCE (Copies of Endorsements will be Required)
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment ❑ XCU
❑ To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
® Any Auto per Occurrence Per Occurrence $500,000
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ POLLUTION
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS
OR OCCUPATIONAL MEDICAL AND DISABILITY $500,000
® EMPLOYERS' LIABILITY
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include
waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable
endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall been, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance
will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 day notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by
the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days
prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13' Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall
not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.
Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from
liability
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos, 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-365464
Digital Air Control
Houston, TX United States
Date Filed:
06/07/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14056
Police Department Access Control
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
7-
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is MICHAEL GONZALES and my date of birth is
My address is 1179 CORPORATE DR. WEST #1COB ARLINGTON TX 7600E U -S,A.
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in TARRANT County, State of TEXAS on the 1 day of DUNE 20 18
(month) (year)
Signature of oriz d agent of contracting business entity
(Dedarant)
rvn Ia Nlwweu uy I cxaa cu ucs %-V IF If IF www, etnics.state.Lx. us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-365464
Digital Air Control
Houston, TX United States
Date Filed:
06/07/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
06/13/2018
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14056
Police Department Access Control
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523