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2016/04/26 Leverage Information Systems, Inc. FY17 Lobby Camera System CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective this 26th day of April, 2016 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal corporation, ("City") and Leverage Information Systems, a California Corporation, C Corporation ("Consultant"). City and Consultant may sometimes herein be referred to individually as a"Party" and collectively as the "Parties." SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on April 261h, 2016 and shall end on September 26th, 2017 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City's right to terminate this Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2671/031858-0001 7630421.2 a04/28/16 SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Thirteen Thousand four hundred five dollars and ninety-two cents ($13,405.92) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; b. The beginning and ending dates of the billing period; C. A"Task Summary" containing the original contract amount, the amount of prior billings,the total due this period,the balance available under this Agreement,and the percentage of completion; d. At City's option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed; g. The Consultant Representative's signature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 29714 Haun Road Menifee, CA 92586 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City 2671/031858-0001 7630421.2 a04/28/16 -2- shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed. 2.4 Total Pam. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement,unless this Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTION 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the 2671/031858-0001 7630421.2 a04/28/16 -3- requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant's compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00)disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles. b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. C. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 2671/031858-0001 7630421.2 a04/28/16 -4- a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers,employees,agents, and volunteers. 4.3 Professional Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 4.4 All Policies Requirements. a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California. 2671/031858-0001 7630421.2 a04/28/16 -5- b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: Menifee Lobby Cameras. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. C. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if. (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced;or(3) the deductible or self-insured retention is increased. d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers,employees, agents,or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each 2671/031858-0001 7630421.2 a04/28116 -6- subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies,which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or C. Terminate this Agreement. SECTION 5. INDEMNIFICATION. 5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims")to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. 5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and any and all of its officers, employees, officials,volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this Section 5 2671/031858-0001 _7_ 7630421.2 a04/28/16 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement,Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees,or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries,wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy,rule, regulation, law,or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. SECTION 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages,as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant's employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i)the noncompliance by Consultant or any 2671/031858-0001 76304212 a04/28/16 -8- party performing the Services of any applicable local, state, and/or federal law, including,without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors. 7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. SECTION 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. 8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City. 8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement. 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 2671/031858-0001 7630421.2 04/28/16 -9- 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: a. Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; C. Retain a different consultant to complete the Services described in Exhibit A; and/or d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services. SECTION 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that,until final approval by City, all data,plans, specifications,reports, and other 2671/031858-0001 7630421.2 a04/28/16 -10- documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. 9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally,magnetically, or in any other medium,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant 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. 9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices,vouchers,canceled checks,and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. 9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. SECTION 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose. 2671/031858-0001 7630421.2 a04/28/16 -11- 10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Doug Chesler ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 10.8 City Contract Administration. This Agreement shall be administered by a City employee, Derek Williamson, IT Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consultant shall be sent to: Leverage Information Systems 18815 1391"Avenue NE, Suite B Woodinville, WA 98072 Attn: Terry Woodruff Any written notice to City shall be sent to the Contract Administrator at: City of Menifee 29714 Haun Road Menifee, CA 92586 Attn: Derek Williamson 2671/031858-0001 7630421.2 a04/28/16 -12- with a copy to: City Clerk City of Menifee 29714 Haim Road Menifee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator,the first page of a technical report,first page of design specifications,and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that(i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. 10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors, assigns,and all persons claiming under or through them,that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 2671/031858-0001 7630421.2 a04/28/16 -13- 10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.17 Nonliabilit,, of Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award,terms or implementation of this Agreement,including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant,in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. 10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page] 2671/031858-0001 7630421.2 a04/28/16 -14- IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as f the Effective Date. Cl N FEE CONSULT iT �i,*l , I Rob JAbson, City Manager Dou Ches.ler, resident/CE Attest: V Sarah Manwaring, City Clerk Terr Woodruff, Execdive Vice President Approved as to Form: Jeffrey T. Melching, City Attorney 2671/031858-0001 7630421.2 a04/26/16 —15— EXHIBIT A SCOPE OF SERVICES EXHIBIT A 2671/031858-0001 7630421.2 a04/26/16 PAGE I of I CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS Budgetary Quote & Design City of Menifee City Hall Lobby Cameras Men ife CALIFORNIA Information Systems Department Director— Derek Williamson L EVk G E ORMATION SYSTEMS Corporate Office: 18815 1391h Ave NE,Suite B Woodinville,WA 98072 425-482-9200 Office 800-825-6680 Toll Free 425-485-9400Fax www.LEVERAGEis.com CA State License No.: BL00078754 CA Sales Tax ID: 99-729558 CA Contractor's License (C-7) 897224 11Page LEVERAGE INFORMATION SYSTEMS 1881513911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS City of Menifee Information Systems Department Director Derek Williamson 29714 Haun Road Menifee, CA 92586 Dear Mr. Williamson, Leverage Information Systems (LEVERAGE) has prepared the following response to the City of Menifee's request for the City Hall Lobby cameras design and budgetary quote, and believe we have addressed your requirements in full. LEVERAGE looks forward to building a long term business partnership to support the projects. We believe that the breadth of professional services we offer, our strong industry experience, local presence in Ontario, CA,as well as our highly skilled network architects and surveillance experts makes us uniquely qualified to support the City. LEVERAGE has a long history of success --we understand how to execute complex projects on-time and within budget. In our proposal, which is valid for one hundred and twenty (120) days from the date of submittal, we have provided budgetary pricing along with a strong technical design.The Territory Manager assigned to this project as the point of contact for any questions regarding our response is: Scott Dietrich, IP Surveillance Engineer 3100 East Cedar, Unit 13 Ontario, CA 91764 Direct: (425) 420-1489- Email: scott.dietrich@leverageis.com We look forward to working with you. Sincerely, R" zd&a Ray Leblond IP Surveillance Practice Director Leverage Information Systems, Inc. 425-420-1471 2 Page LEVERAGE INFORMATION SYSTEMS 1 881 5 13911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS Executive Summary Leverage has been an industry-leading IP communications and networking solutions provider since 1984 with over 8 years dedicated solely to providing state of the art surveillance technologies for public safety use. Our Southwest Regional Office, based in Ontario, California, is focused on delivering innovative IP-based surveillance solutions that address public safety and law enforcement concerns. Leverage maintains both corporate and regional certifications for all aspects of any surveillance architecture deployed by our professionals. We have become known for our"Leverage" standard of reliability within multiple municipal law enforcement agencies in Southern California. Leverage is uniquely qualified to successfully design and deploy your wireless infrastructure and surveillance solution based on the following expertise: 1) Qualified single-source provider of large-scale, unified IP Surveillance Networks. 2)Ability to uniquely provide efficient "Unification" of all City surveillance networks for use by the City of Menifee, in addition to individual department rights and privileges. 3)Years of expertise in the Design/Build/Integration & Maintenance of Public Safety Video Networks. 4) Local Southern California Service and Support. The LEVERAGE patented NON-PROPRIETARY architecture lends itself to meet your current objectives and future expansion because of its open, peer-to-peer(server-less) deployment model. Existing LEVERAGE surveillance implementations are easily expanded by adding additional surveillance nodes. Our open architecture and flexible integration can be seen in many cities in Southern California. All LEVERAGE hardware and software is written, designed & manufactured in the USA (Southern California). Leverage Corporate Background • Leverage Company background — Founded in 1984 — Privately held and profitable with no bankruptcies or planned closures. — 84 employees — Over 500 customers • Leverage Market Focus — US Sciences, US DOJ, Public Safety, Healthcare, SLED, Enterprise/Commercial • Cisco Systems Gold Certified Partner • Cisco Systems Corporate Authorizations and Specializations; • Masters Collaboration Architecture Specialization • Advanced Unified Communications Architecture Specialization • Borderless Networks Architecture Specialization • Unified Data Center Architecture Specialization 3 P a g e LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS • Advanced Security Specialization • ATP Telepresence • ATP Cisco Identity Services—Security Policy Enforcement • Cisco Smart Care Service • Customer Satisfaction Excellence • Individual Certifications • Cisco Certified Design Associate • Cisco Certified Network Associate • Cisco Certified Design Professional • Cisco Certified Internetwork Expert • Cisco Certified Network Professional(s) R/S, Voice, Security LEVERAGE has integration and development experience in the following areas critical to the City of Anaheim Overt Surveillance Camera System: Wireless Broadband Expertise LEVERAGE has proven wireless broadband experience in the installation and support of microwave radio systems for OEMs including Firetide, Siklu, Motorola, Ubiquity,Aruba, and Cisco Systems for both licensed and unlicensed (including public safety 4.9ghz) spectrum across p2p, p2mp, and mesh topologies. While LEVERAGE is proud of its long-haul wireless broadband deployments (National Nuclear Security Agency deployment of 19 miles), we also possess deep experience in both rural and dense population areas with deployments from 100 meters and beyond. LEVERAGE's experience in radio communications is a critical factor to our success in delivering video surveillance solutions. While LEVERAGE supports numerous OEM brands of microwave radios, we are also a development partner for many of these OEMs. In support of our customers LEVERAGE has built a wireless health tracking application which enables us to use the SNMP protocol in use by the radio OEM's to monitor the health of each and every wireless link on the wireless network providing LEVERAGE advance notice of any wireless network problems 24 hours a day. Video Integration Expertise In working solely with public safety practitioners since 2006, LEVERAGE has developed an acute understanding of what is required for successful surveillance video integration. LEVERAGE is highly successful with video integration and management because of our broad expertise in integrating video and audio across numerous critical technology architectures, where desperate legacy architectures have a significant impact on the overall success of a City-Wide surveillance project. LEVERAGE has expertise in the following architectures: 0 VMS architectures-we have ability to troubleshoot VMS issues at coding level. 4 1 P a g e LEVERAGE INFORMATION SYSTEMS 18815 13911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS • Telepresence (Cisco Systems Advanced Telepresence Partner) • Network Security (Cisco Systems Advanced Security specialization) • Data Center, Storage and Servers for Seneca, Dell, Cisco Systems, EMC, NetApp, Nimble • IP Telephony, Cisco Systems Advanced Collaboration Specialization • Collaboration to enable full access to the video (and audio) across any network topology, from any geography, at any time—Cisco Systems Masters Collaboration Architecture (1 of 76 nationwide) Enterprise Architecture and Network Expertise LEVERAGE is a solutions provider and full-service systems integrator and software developer with more than 25 years of experience. We have the expertise to architect and deliver some of the most important networks in the world, including those for national security, intelligence, defense,federal, state and local government, finance, healthcare, and enterprise customers. LEVERAGE holds certifications and authorizations for many of the top enterprise networking OEMs in the world including: • Cisco Systems - Gold and Masters, and certified development partner • Juniper Networks- Elite Partner • Brocade Networks—Certified Partner • Aruba Wireless (now HP)—Gold Partner • EMC Storage—Premier Partner • NetApp Storage—Premier Partner • Nimble Storage—Premier Partner • Seneca Storage—Development Partner LEVERAGE offers our customers design, deployment, and support for enterprise networking in primarily three focus areas of Collaboration, Data Center, and Surveillance. From numerous Voice and Collaboration deployments supporting anywhere from 100 users to 12000 users at NNSA sites across America, to wireless enterprise systems supporting thousands at NASA JPL in Pasadena, or FBI surveillance projects in L.A., LEVERAGE consistently demonstrates expertise in the enterprise space. Relevant Broadcast Protocols LEVERAGE's engineers hold numerous IT industry certifications as noted earlier in our corporate background and are well versed in use of various protocols relevant to a typical enterprise class surveillance network. Multi-cast, Uni-cast, G721, H264., etc there is a host of protocols and standards necessary to ensure that your network is highly scalable and delivers optimized performance. Enterprise Video Network Architecture and Design Through day to day operations and customer driven design engagements, LEVERAGE has gained an advanced understanding of the unique video network design requirements that drive public safety 5 1 P a g e LEVERAGE INFORMATION SYSTEMS 1881513911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS surveillance architecture. LEVERAGE's applications built to bolt on to our QuickView, our automated event management application (detect), and our remote network health monitoring capabilities were all driven by direct public safety customer engagements which served to expand our expertise. LEVERAGE has deep experience understanding and delivering on Video Network Architectures which are purpose built for public safety. So much so that we were recently awarded a US Patent covering a distributed video surveillance architecture in a wireless environment to which LEVERAGE'S VMS can operate within. Expertise in Camera Selection, placement and configuration in secure environments In southern California LEVERAGE has directly worked with public safety agencies to select and deploy thousands of cameras across 28 communities. Our camera expertise is extensive covering diverse needs for things like day/night vision, perimeter security, underwater use, infrared use, license plate recognition, in camera analytics, ruggedized, etc. LEVERAGE has the expertise to help make qualified use-case decisions to choose the right camera for the right location. Experience Here are five references where Leverage has provided a large-scale, multi-site Overt Surveillance Camera System. Deployments have consisted of cameras deployed via wireless, with some cameras located up to a mile from the core video surveillance network equipment. Cities of Corona, Victorville, Yucaipa, Covina, and Inglewood are all currently supported by Leverage (not subcontracted), and none paid start up license fees or yearly license fees for recording stream licenses. Client Reference Item Description City City of Inglewood Number of Cameras 55 Population 115,000 Contact Name Micah Herd, Police Grants Coordinator Contact Telephone Number (310)412-5506 Contact E-mail Address mherd@cityofingelwood.org Services Provided by Vendor Surveillance System Design & Implementation Business Initiation Date 2012 System Launch Date 2012 Contract Cost $700,000 6 Page LEVERAGE INFORMATION SYSTEMS 1 881 5 1391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS Client Reference Item Description City City of Corona Number of Cameras 450+ Population 160,000 Contact Name Brent Nelson,Sergeant Contact Telephone Number (951)736-2360 Contact E-mail Address Brent.Nelson@ci.corona.ca.us Services Provided by Vendor Surveillance System Design & Implementation Business Initiation Date 2013 System Launch Date 2014 Contract Cost 1.2M + Client Reference Item Description City City of Victorville Number of Cameras 70 Population 122,000 Contact Name Linzy Savage, Operations Lieutenant Contact Telephone Number (760)241-3203 Contact E-mail Address Iksavage@sbcsd.org Services Provided by Vendor Surveillance System Design & Implementation Business Initiation Date 2013 System Launch Date 2014 Contract Cost $150,000+ Client Reference Item Description City City of Yucaipa Number of Cameras 20+ Population 53,000 Contact Name Jason Underwood, Information Systems Admin Contact Telephone Number (909)798-7613 ext. 271 Contact E-mail Address jnderwood@yucaipa.org Services Provided by Vendor Surveillance System Design &Implementation Business Initiation Date 2014 System Launch Date 2014 Contract Cost $175,000+ 7 Page LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS Client Reference Item Description City City of Covina Number of Cameras 60+ Population 50,000 Contact Name Ric Walczak, Lieutenant Contact Telephone Number (626)705-6830 Contact E-mail Address rwalczak@covinaca.gov Services Provided by Vendor Surveillance System Design & Implementation Business Initiation Date 2014 System Launch Date 2015 Contract Cost $330,000 System Scalability Leverage's solutions include a level of scalability unmatched in the industry, in order to provide a path for legacy integration and future expansion, as described in the following examples: The City of Corona published an RFP in September 2013 for the unification of surveillance assets across the City. The "City Unified Camera Systems" RFP was awarded to Leverage in February 2014. The City identified approximately 450 existing surveillance cameras deployed in disparate systems across multiple departments including Police, City Hall, Water and Power, Field Services, Parks and Recreation, and Traffic. Leverage designed and deployed, and maintain an IP Surveillance network providing connectivity to each department,then assessed all existing cameras. Expansion of the system is in progress including multiple City Departments.The surveillance network supports over 600 cameras in a multi-cast network environment. The City of Inglewood contracted in with Leverage via a piggyback agreement with another South Bay municipality, which awarded an RFP to Leverage for City Wide surveillance in 2010. The original project included wireless infrastructure and surveillance for a Water Treatment facility and well sites. In 2014 the City-Wide surveillance system was expanded with three separate projects. In 2015 another expansion project providing additional street surveillance was awarded to Leverage. An additional street and park surveillance project was awarded in 2016. We are working with the City for many other surveillance expansion initiatives throughout the Florence corridor. City of Victorville initially deployed a City Wide camera system in the 2009/10 timeframe with a company named IronSky, and during our initial discussions with Victorville these cameras were mostly non-operational. A site assessment in April 2014 was conducted by Leverage to determine the usability of these cameras. Requirements and a way forward were developed based upon the findings of this assessment. The City of Victorville contracted with Leverage via 8 1 P a g e LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS a piggyback agreement based upon an RFP awarded to Leverage by the City of Corona. The initial phases (1 and 1a)were awarded to Leverage in fall of 2014 and included approximately 37 cameras. There were approximately 20 cameras identified in the April 2014 that Leverage incorporated into the City Wide system that are in the midst of upgrades (bringing the camera count to approximately 57). In May 2015 an additional 5 cameras for City Hall were added to the City Wide surveillance system. In the fall of 2015 Leverage provided equipment and services to create a video dispatch room. Also in that timeframe Leverage provided a storage upgrade to support current and future cameras. In January 2016 we were contracted to expand the City Wide system for DWP and parks with many more cameras. Leverage was awarded an RFP by the City of Yucaipa in April 2014 to install the foundation of a City Wide surveillance system. The initial award included 7 cameras at various locations throughout the city including a Park and Transit Center. In January 2015 an additional phase was awarded to Leverage to add 17 cameras to intersections and parks within the City. In the fall of 2015 Leverage was awarded a project to create a high-speed licensed wireless link from City Hall to their Senior Center, which included an IR/PTZ camera to monitor a nearby park. Leverage is currently working on the next phase that includes City Facilities, parks and intersections that includes many more cameras. System Interoperability Leverage has integrated both cameras and external systems into our VMS. Integration of other networked systems is a strength for Leverage since we have resources within our organization to accomplish that objective. Integration of other networked systems is driven by our client base and since our focus is municipal surveillance past requests generally have been directed towards this particular vertical market. Our software engineering team is located in our Ontario California regional office, which is a great benefit for our clients in Southern California since our engineering team frequently are involved with our clients during those integrations. Amore recent trend in municipal surveillance that is foundational to interoperability is the unification of surveillance assets across city departments and even other organizations(i.e. school districts). Our networking experience and Cisco Gold accreditation have proven valuable as we have several clients where this has been accomplished. Leverage's open system approach ensures interoperability as devices we integrate share their Software Development Kits (SDKs) with VMS manufacturers. Cameras from OEMs that we've integrated as of this date include: Axis, Sony, Samsung, Sightlogix, Bosch, Pelco, and Indigovision. OEM camera integration does include capabilities as video analytics such as Virtual Tripwires. We have several deployments that utilize this form of real time notification. We've also integrated thermal imaging and advanced analytic capabilities through Sightlogix. The Sightlogix integration did present a challenge since it did 9 1 P a g e LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS not support an "independent node operation"that is a requirement of a peer to peer architecture (see more information on peer to peer architecture in our response). Leverage developed a software solution housed at the Sightlogix sensor that preserves our Peer to Peer Architecture which is fundamental to a proactive response. OEM camera integration is an ongoing development effort as technology advances increase the capability of these devices. Leverage has developed a universal input to our VMS from other systems. We call this capability Leverage Detect. Leverage Detect is the interface to other systems whereby specific event information which always includes a GPS position is provided to Leverage VMS. The desired surveillance objective is managed by Leverage VMS including identifying the event on a map, bringing cameras into view, and allowing the flow of real time situational awareness; then preserving the event through incident export capabilities. Through Leverage Detect we have integrated Geo-mapping(Google Earth/Maps), Shot spotter(Gun Shot Detection) and Geo- spatial (CAD aggregation). We've lab tested several other systems based upon client input including PlateSmart (ALPR). We've reviewed many other systems such as BRS Labs (Advanced Analytics), Vigilant (ALPR), 3M PIPS (ALPR), and others. Three examples of integration include the following: Leverage has integrated Gun Shot Detection with the South Gate Police Department. Leverage has integrated Sightlogix thermal imaging and advanced analytic sensors in the cities of Victorville, Inglewood, and Covina. Leverage has unified the disparate surveillance systems in the cities of Redlands, Corona, Victorville, and others. Support Here is a review of support services offered and recommended including but not limited to: 1) System Administration—remote performance monitoring,tuning, error reporting, etc. The Leverage Health Monitoring System provides a comprehensive method to ensure optimal system operation. During the design and deployment of the system, key parameters are developed with the intent to be monitored by the Leverage Health Monitor System and the creation of daily status reports of key components and overall system performance. Monitoring of system components can in many cases prevent loss of live and recorded video and provide notification of system degradation.The long term impact of Leverage Health monitoring is preservation of the original system requirements,and protection of surveillance video. 2) User Support—hours of service, average/guaranteed response time,ticketing system used, resources available, escalation process LEVERAGE has a permanent technical support staff in place providing 24x7x365 support within 30 minute response time. The support toll free no. is 800-877-8013 http://LEVERAGEis.com/maintenance-and-support.html\ 101Page LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS LEVERAGE manages support via an ITIL(industry best practices) service and support model. Service level management (SLM) at LEVERAGE is practiced to ensure that our services meet our customers' requirements for functionality, availability and performance. Our goal is to ensure that the levels of service being delivered meet or exceed the agreed to service levels performance indicators defined in agreements. The objectives of SLM at LEVERAGE are: • to develop and negotiate Service Level Agreements (SLA) with customers • to ensure SLAB are underpinned by internal Operational Level Agreements (OLAs) and Underpinning Contracts (UCs), agreements that support the achievement of the agreed to service levels • to act as a bridge between LEVERAGE and our clients • to manage and maintain positive, constructive relationships with our clients or customers Service Level Measurement and Reporting • SLAs and SLO's are handled through our"TP" management application--a single system where we track and measure our performance on all Service orders. • SLAs are posted into TP so that performance can be measured to ensure success • SLA's and SLO's and our performance are reviewed in monthly Ops meetings Service Level Agreements (SLA) It is common at LEVERAGE for individual services to be shared by a number of customers, and individual customers will use a range of services. Typically SLAB at LEVERAGE are customer- based, where an SLA covers a range of services delivered to a particular customer. Managing service levels SLAB are measured, monitored, and reported and appropriate actions are taken to maintain and continually improve service delivery with objectives of: • Maintaining a constructive and positive relationship with our customers • Measuring and monitoring performance against SLAB • Reporting and reviewing performance with the customer • Seeking continually to improve service levels where it is cost-effective. LEVERAGE Service Criticality Definitions • EMERGENCY Incident: Emergency incidents will be defined as a system failure that has a critical business impact to the customer.The customer is responsible for defining 111Page LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS whether or not the impact is critical in nature. If it is determined to be critical, it will be treated as such by LEVERAGE. • URGENT Incident: Urgent incidents will be defined to be a fault that affects or threatens any major system component. Typically, such faults have a major impact on system performance, reliability, or user service levels and require the most prompt attention. For the telephony system and messaging system,this includes, but is not limited to, system processors (both hardware and software), local and remote concentrators/switches/nodes, internodal links and associated network equipment and circuitry, attendant consoles, call detail recording equipment, power supplies and battery backup, a fault in any equipment or software that causes loss or substantial deterioration of service to more than ten percent (10%) of the user lines or trunk circuits, loss of a majority of service in any one location, loss of any hardware or software component resulting in the loss of 25%or more lines in a single departmental, loss of any feature system-wide, loss of a trunk group, or a failure in redundantly configured hardware such that redundancy is not functional. • ROUTINE Incidents and Other Service-Affecting Conditions: Routine incidents will be defined to be those that indicate a fault or matter requiring human intervention that does not fit into the category of an emergency or urgent incident as defined above. Other service-affecting conditions are those conditions that require maintenance or repair of a System component but do not provide an alarm indication and do not impact system performance or reliability to the extent of a major incident. System Interruption Levels Defined We typically define service interruption failures with some granularity with the intention of providing overall guidance. In order to provide this framework, we select some metrics that are appropriate to the customer environment, and use those metrics to determine how critical the interruption probably is, and based on that level of criticality, whether or not an emergent type of response is appropriate vs. a scheduled and pre-coordinated response. What follows is our general criteria used to determine emergency, urgent, or routine types of service interruptions, and the expected response times based on those levels of interruption. It should be noted that these levels and response times are certainly not set in stone, and are intended as guidelines. We recognize that there may be some outages that would not fall into the "Critical" level based on just the metrics provided, but perhaps one of the two devices that is affected is a critical location and has a significant operational impact. For those types of scenarios, we look to the customer to identify the interruption level as appropriate. If there are Emergency Guaranteed Response Intervals 2 HoursM-F/8am-5pm/30 Minutes call back/2 hrs en-route or dial-in. After Hours/Holiday/30-minute call back/2-hour en-route or dial in. Period of Maintenance 24 hours x 365 days Urgent Guaranteed Response Intervals 24hours M-F/8am-5pm/30 Minutes call back/2 hrs en-route or dial-in After Hours/Holiday/30-minute call back/4 hours en-route if necessary. Period of Maintenance 24 hours x 365 days Routine Guaranteed Response Intervals 1 business DaysM-F/8am-5pm/2 business hours call back After Hours/Holiday/8 hours call back. Period of Maintenance 24 hours x 365 days CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS only two devices affected, but the customer identifies it as an "Emergency" outage, it shall be treated as such by LEVERAGE. Guaranteed Response Intervals The response intervals contracted for are described in terms of hours and business hours. For the purpose of this section,these terms are defined as follows: • Response "Hours" refers to the maximum number of hours in the day that are allowed to elapse between the time of receipt of service call and first response by qualified LEVERAGE personnel. • Response "Business Hours" refers to the MAXIMUM number of normal business hours that are allowed to elapse between the time of receipt of service call and first response by qualified LEVERAGE personnel. Actual response times are significantly faster in almost every instance. Normal business hours are those hours included in the normal business day defined as M-F/8am-5pm/ non-holiday. Hourly Descriptions • Business days are defined as M-F 8:00 a.m.—5:00 p.m. PST • After hours is defined as weekdays between 5:00 p.m. and 8:00 a.m. PST and Saturday and Sundays. • Holidays are defined as "National Holidays"for the full 24 hours. 12:00am-12:00am. SLA reviews conducted • Quarterly Service Review (QSR) meetings with customers are a central part of LEVERAGE SLM. • Report on and review SLA performance • Forum for exchanging information about issues of concern, such as the need for user training or worrying trends in performance or workload. • LEVERAGE and the customer to share their plans for future change • Ensure both sides have a common understanding and that there are no difficult surprises to manage. Continual service improvement is a fundamental goal of our service management. A key objective of the regular review meetings is to identify and agree service improvements and incorporate them into the service improvement plan and service quality plan as part of the continual improvement stage of the service lifecycle. Metrics Frequency and severity of service breaches Frequency and severity of threatened service breaches (near misses) Number and percentage of SLA targets met Customer satisfaction with the process in relation to managing levels of service Frequency of service review meetings 13 P a g e LEVERAGE INFORMATION SYSTEMS 188151391^Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS Proposed Design Leverage will install a new surveillance system core at the Menifee City Hall and install two vandal dome cameras, capable of capturing video and audio, in the City Hall Lobby. The City Hall MDF will be the location that Leverage will provide VMS authentication, Camera recording, and Video Management Software. The baseline proposal includes installing Video Management Viewing software on a City owned viewing station. We project approximately 1TB of storage space required to record the two cameras for 30 days (see bandwidth and storage calculations below). City Hall Lobby Cameras Leverage will install two 2Megapixel Dome cameras at the City Hall Lobby. Locations will be discussed prior to installation. One camera will provide a view of the public area,while the other a view of behind the counter. Audio will be enabled for one or both cameras. Audio will be recorded along with video. The two cameras will be ceiling mounted, and POE powered (IEEE802.3af—2.4 watts per camera). Leverage will route category 5e/6 cables from each camera to the City Hall MDF, and ultimately to the City owned switch. Leverage will adjust the Field of View as desired by the City. Leverage will provision these cameras in the Video Management System for viewing and recording as desired by the City. Leverage will: 1. Provide, configure, and install two 2Megapixel Dome cameras in an agreed upon location. 2. Adjust field of view as agreed upon. 3. Provide and install a category 5e/6 cable from each camera to the City Hall MDF room. 4. Connect each category 5e/6 cable to a port on the City owned switch designated by the City. Menifee will: 1. Provide two IEEE802.3af switch ports. 2. Ensure a clear pathway from the equipment mounting location to the network switch port. 3. Provide video retention period. For this proposal we assume 30 days of audio and video retention. 141Page LEVERAGE INFORMATION SYSTEMS 188151391h Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.loverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS VMS and Network Core Network Core Switch Leverage will use the existing Network Core Switch for connectivity to the cameras, Network Video Recorder, and viewing stations. We will require 2 POE ports (IEEE802.3af)for the dome cameras. Leverage will assist with network routing for the cameras, viewing, and recording. Network Video Recording Leverage will install NVR recording software on a computer provided by the City. The computer may have its own storage (approximately 1TB required), or may be connected to network storage provided by the City. Leverage will: 1. Provide, configure, and install NVR software on a City owned computer. 2. Set up video recording for the two City Hall Lobby cameras. Menifee will: 1. Provide a computer with Windows OS (preferably Windows Server). Network Video Recording (Optional) Leverage will provide and install a 2U high Network Video Recording appliance. This device is a twelve drive Storage Area Network with a hardware RAID controller, configured for RAID 5 operation. The Operating System is Windows Server. The raw storage capacity is approximately 60 TB and the RAID 5 capacity is anticipated to be approximately 52TB. If this option is selected,then the "Network Video Recording" is not required. Leverage will: 1. Provide, configure, and install a 2U Network Leverage Recorder. 2. Connect to existing Switch. 3. Integrate NVR into Video Management System. Menifee will: 1. Provide 2U of rack space for equipment mounting. 2. UPS power (recommended). 3. Sufficient cooling and airflow (front to back). 4. A port on the existing Network Switch. 151Page LEVERAGE INFORMATION SYSTEMS 1881513911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS VMS Authentication (Leverage Detect) Leverage will install VMS Authentication Software (Leverage Detect) on a computer or virtualized environment provided by the City. Leverage Detect provides management and control of the VMS. Some of the capabilities are: • User Authentication either through local log in or Active Directory. • Manages system configuration information and provides updates to NVRs and VMS users. • System health monitoring and notification. • Integration to external systems (Computer Aided Dispatch, Gun Shot Detection, etc). • Incident Library feature. • Mapping feature (off line mapping, Google Maps). • Interface to manage VMS capabilities (Groups/Users, Cameras,Administrative functions). Leverage will: 1. Provide, configure, and install Leverage Detect software on a City owned computer. 2. Configure with Leverage VMS. Menifee will: 1. Provide a computer with Windows OS (preferably Windows Server). VMS Authentication Appliance (Optional) Leverage will provide and install a 2U High Detect/Authentication/Incident Library appliance. Leverage will: 1. Provide, configure, and install a Leverage Detect Appliance. 2. Connect to existing Switch.. Menifee will: 5. Provide 2U of rack space for equipment mounting. 6. UPS power (recommended). 7. Sufficient cooling and airflow (front to back). 8. A port on the existing Network Switch. 161Page LEVERAGE INFORMATION SYSTEMS 1881513911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com CITY OF MENIFEE—RFQ FOR CITY HALL CAMERAS Leverage VMS Leverage will install VMS on a computer provided by the City. Leverage will provide user and administrator training as required. Leverage will: 1. Provide, configure, and install Leverage VMS software on a City owned computer. Menifee will: 2. Provide a computer with Windows Operating System. System resources will be determined prior to installation. For this initial deployment of 2 cameras system resources are not considered critical. Leverage VMS (Optional) Leverage will provide and install a VMS workstation with two monitors. Leverage will: 1. Provide, configure, and install a VMS workstation within City Hall. 2. Provide and install a category 5e/6 cable from the workstation to the City owned MDF Switch. Menifee will: 1. Provide a network switch port. Google Maps (Optional) Leverage will provide and install Google Maps. Leverage will: 1. Provide, configure, and install Google Maps. 2. Leverage will map current cameras and buildings into Google Maps. 171Page LEVERAGE INFORMATION SYSTEMS 1881513911 Avenue NE,Suite B• Woodinville,WA 98072 425.482.9200 Office•800.825.6680 Toll Free•425.485.9400 Fax• www.leverageis.com � � v a o � m a O 00 m m O 00 00 m m O 4--+ M � � o v N N V tLo CO N N L 0 O 00 N � C L fV ^ 3 m 3 X W d cu LL O cu V) >C:l m >- .0 V) O O O Z O x x N N N ~ M e� C m G N d] o N V zwF z W a,m > > < o n O � aN wt � J w T2 _ J T 2 2 � � _ ;c; d T O Q \ O Cl W � rn N co —> 0 4— a a a •� J o U (3) c x x cr- O `u `u LL CY LL I ULJ z z Z lLl c c E E LL n 0 0 � m m x x Leverage Information Quote Systems LEVERAGE Phone:425-482-9200 No.: 1602056 O R M A T I O N SYSTEMS Fax:425-485-9400 Date: 04/22/2016 www.leverageis.com PO Box 630 Woodinville,WA 98072 Prepared for: Prepared by: Colin McElroy Derek Williamson(951)746-9913 Account No.: 3376 City of Menifee Type:Open Market Job: Lobby Cameras CLIN Qtv. Item ID Description UOMTotal -Hardware&Software- 001 2 SND-1_6012 WiseNet Lite Network Dome Camera,2MP, EA $147.21 $294.42 Full HD(1080p)30fps,H.264/MJPEG, f2.8mm Fixed Lens,Hallway View,60dB DWDR,Electrical D/N,3-Axis Gimbal,M 002 1 LEV-DET-SWIG-USER Leverage Detect SW License(Up to 10 EA $3,150.00 $3,150.00 users/devices)(HW not Included) 003 1 LEV-NVR-5-LIC Leverage NVR 2.x SW for QuickView.For EA $698.60 $698.60 use in SMB environment,HW Required for use 004 1 LEV-QVP-SA-LIC-5US QuickView Professional Enterprise Video EA $495.00 $495.00 ER Management Software(Requires Leverage NVR)(QVP-SA-SUP Included for 1st year). 1 to 5 licenses -Installation Materials- 005 1.00 LOT-EQUIP Installation Materials EA $500.00 $500.00 -Labor- 008 1.00 OSINSTALL Onsite Installation EA $7,697.26 $7,697.26 -Onsite Support- 014 2 LM-SND-L6012-OS-lY 12 Months On-Site NBD Support(8-5/M-F) EA $31.14 $62.28 R -Freight- 015 1.00 Freight-Fixed Price Fixed Freight Charge EA $90.11 $90.11 Your Price: $12,987.67 Sales Tax $418.25 SubTotal: $13,405.92 Total: $13,405.92 custom quote-clin.rpt Printed:04/25/2016, 8:55 AM Page 1 Quote No.: 1602056 Date: 04/22/2016 Prices are firm until 5/22/2016 Terms: Net 30 Quoted by: Colin McElroy, c 'n.mcelroy@leverageis.com Date: 4/22/2016 Signature: PO#: Date: Print Name: '?6berfhf6h 05 Title: 1 PH# Disclaimer Unless otherwise quoted,Standard delivery charges are 30 days ARO. Expedited freight will be charged prepay and add. Please notify your sales rep should you want to use a freight account. If applicable,sales tax will be charged when invoiced. Leverage Information Systems 30 day return policy does not apply to changed,opened,or cancelled orders. In the event the customer chooses to change or cancel an order,restocking fees may apply. Leverage is a Small Business Enterprise Pricing is valid for(30)days Accepted Methods of Payment-Check or EFr,Please contact your sales rep for re-quote should you like to pay via Credit Card Tax ID/EIN#91-1607710 DUNS#807596051 Cage Code:OX61-17 custom quote-clin.rpt Printed:04/25/2016, 8:55 AM Page 2