HomeMy WebLinkAbout25I - AGMT - AUDIOVISUAL EQUIPMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 21, 2016
TITLE:
AGREEMENT WITH WESTERN AUDIO VISUAL
TO PROVIDE AUDIOVISUAL EQUIPMENT,
INSTALLATION, AND SERVICES
(STRATEGIC PLAN NO. 7, SA)
1
CITY MANAG�
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CLERK OF COUNCIL USE ONLY:
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❑ As Recommended
❑ As Amended
❑ Ordinance on 18` Reading
❑ Ordinance on 2 "a Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Western
Audio Visual to provide audiovisual equipment, installation, and on -call services for a one -year
term beginning June 21, 2016, through June 21, 2017, in the amount of $80,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency is seeking to modernize two conference rooms in the Ross Annex
Building with high resolution displays for meetings, presentations and technology for computer -
based teleconferencing, including cameras, microphones and speakers. A vendor with
professional experience in the audiovisual field is needed to assist in the design and installation
of these systems.
On Wednesday March 23, 2016, the Public Works Agency released a Request for Proposals
(RFP) for Audio - Visual Equipment, Installation and Services on the City's website and PlanetBids
(Exhibit 1). A pre - proposal meeting was held on Wednesday, March 30, 2016, to allow potential
proposers to inspect the conference rooms and clarify any questions. Six proposals were
received on Thursday, April 21, 2016.
The proposals were evaluated and ranked by a review committee comprised of personnel from
various City agencies, including Public Works, Information Technology, and Library Services.
Ranking criteria included firm and personnel experience, understanding of need, relevant project
experience, references and schedule.
The top three firms were subsequently interviewed, with Western Audio Visual receiving the
highest score:
251 -1
Agreement with Western Audio Visual
June 21, 2016
Page 2
NAME OF FIRM
RATING
FEE
Western Audio Visual
96
$77,064.51
Spinitar
94
$135,385.19
Digital Networks Group
88.5
$87,855.32
Based on the results of the RFP process, staff is recommending entering into an agreement with
Western Audio Visual for audiovisual equipment, installation, and on -call services for an initial
amount of $80,000 (Exhibit 2).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #5
(create a culture of innovation and efficiency within the organization), Strategy A (promote the use
of new technology to improve the delivery of services and information to staff and the community.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding in the amount of $80,000 is budgeted and available in the FY 2015/16 Public Works
Administrative Services Fund (Account No. 10117601 - 62300) and will be encumbered for
expenditure in Fiscal Year 2016/17.
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Executive Director
Public Works Agency
FM /MM/TB
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. RFP — Audio - Visual Equipment, Installation and Services
2. Agreement
251 -2
REQUEST FOR PROPOSALS (RIP)
FOR
AUDIO - VISUAL EQUIPMENT, INSTALLATION
AND SERVICES
RFP NO.: 1.6 -044
CITY OF SANTA ANA
Santa Ana Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Trevor Burgan
GIS Administrator
(714) 647 -5657 Office
tburgan a santa-ana_orr
for Release:
KEY RFP DATES (Subiect to chance at discretion of Citv):
Issue Date:
Deadline for Requests for Information:
Pre - Proposal Meeting:
Proposal Due Date:
Presentation/Interviews:
Projected Award Date:
Fred Mousavipour
Executive Director
Public Works Agency
Wednesday, March 23, 2016
Monday, April 11, 2016; 9:00am.
Wednesday, March 30, 2016; 10:00am. Ross Annex Rm# 4104
Thursday, April 21, 2016; 4:00pm.
Thursday, May 5, 2016
Tuesday, June 21, 2016
City of
Exhibit 1
16 -044
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the AUDIO - VISUAL
EQUIPMENT, INSTALLATION AND SERVICES.
Responses to this Request for Proposals (RFP) will be accepted until Thursday, April 21, 2016 at 4:00 p.m.
Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure
that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal
due date and time.
Proposals shall be enclosed in a scaled envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 16 -044
AUDIO- VISUAL EQUIPMENT, INSTALLATION AND SERVICES
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Trevor Burgan
Public Works Agency;
20 Civic Center Plaza; 4th Floor Reception, Ross Annex Building
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.
Proposals shall NOT be sent via telegraphic, electronic or facsimile.
All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa- ana.org bids -
rOs. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
Failure to respond to required updates may result in a determination of a nonresponsive proposal.
City of Santaa Apna RFP 16 -044
2aI -4
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
AUDIO - VISUAL EQUIPMENT, INSTALLATION AND SERVICES
RFP NO.: 16 -044
TABLE OF CONTENTS
I. GENERAL
II. PROPOSAL TERMS AND CONDITIONS
III. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. PAYMENT INFORMATION PACKET
H. PRE - PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. PROTESTS
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES & SCHEDULE
3. PEE PROPOSAL
4. CERTIFICATIONS
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
B. SELECTION
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VII. IMPLEMENTATION
A. KICK -OFF MEETING
B. NOTICE TO PROCEED
VIII. PUBLIC RECORDS
IX. APPENDIX
ATTACHMENT I: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
City of Santa Ana RFP 16 -044
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(9)
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
AUDIO- VISUAL EQUIPMENT, INSTALLATION AND SERVICES
RFP NO.: 16 -044
1. GENERAL
Nature of Work:
The City of Santa Ana is seeking a consultant to design, provide and install conference room audio /
visual equipment. A detailed Scope of Work is included in the Appendix of this RFP as Attachment
1.
Number of Proposals and Signature:
The submittal shall include four (4) hard copies and one (1) digital file on a labeled USB Flash Drive
(or equivalent). One (1) of the four (4) hard copies shall be marked as "ORIGINAL" and shall be
signed by a company official with the power to bind the company. One (1) copy of your Fee
Proposal shall be submitted.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm /Team Experience 25%
• Understanding of Need 25%
• Relevant Project Experience 20%
• Availability and Project Schedule 10%
• References 20%
The City has established a proposal review committee to evaluate proposers based on the response to
the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria
set forth above. A final score will be calculated for each submitted proposal and used to rank the
proposers.
Term of Contract Agreement:
The City desires to enter into a contract with the selected firm for an initial one (1) year term with a
City option for two (2), two (2) year extensions. This term is outlined in the Standard Consultant
Agreement, as contained in the Appendix of this RFP as Attachment 2.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts
the Terms and Conditions of this RFP as described below:
A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with
the services and responsibilities required this RFP and that it is capable of effectively and
efficiently performing quality work to achieve the City's objectives. Any attachments referenced
herein or any interpretations, clarifications or amendments subsequently posted in the relation to
this RFP are fully incorporated.
City of Santa Ana RFP 16 -044
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IIl.
B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an
Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer
is unwilling or unable to execute an Agreement within thirty (30) days after being notified of
selection under this RFP, the City reserves the right to select the next most qualified Proposer or
call for new Proposals, whichever the City deems most appropriate.
C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal
must be valid for a period of 120 days after the submission of the Proposal.
D. PRE - CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre -
contractual expenses incurred by Proposers in the preparation of its proposal.
E. JOINT OFFERS /SUBCONSULTANTS: Where two or more Proposers desire to submit a single
Proposal in response to this RFP, they should do so on a prime - subconsultant basis. The City
intends to contract with a single firm and not with multiple firms doing business as a joint
venture. Should the use of subconsultants be offered, the Proposer shall provide the same
assurances of competence for the subconsultant plus the demonstrated ability to manage and
supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract
with others for work under the Agreement. The provisions of the Agreement shall apply to all
subconsultants in the same manner as the Proposer.
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information
in RFP. The City will provide only the staff assistance and documentation specifically referred to
herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibility for all services in its proposal.
The selected proposer shall identify a sole point of contact with the greatest knowledge in regard
to the required service operations and contractual matters, including payment of any and all
charges resulting from the Agreement.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited
financial statement, evidencing proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day period.
If said financial statement does not reflect full ninety (90) day operational capacity, proposer may
include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e -mail to the Project
Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline
for Requests for Information" date noted on the cover page of this RFP. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via
addenda to this RFP, as indicated in Section III.D.
City of Santa �Ana RFP 16 -044
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D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
www santa-ana.or bids -rfps
E. LICENSES & PERMITS
The selected Proposer may be required to obtain a City of Santa Ana Business license within ten
(10) business days of selection and must provide a copy to the City Project Manager or designee
prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses /permits required by the
Scope of Work.
F. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the
standard agreement within ten (10) business days after receipt of notice of award.
G. PAYMENT INFORMATION PACKET
The selected Proposer shall return a completed payment information packet within ten (10)
business days after the successful Proposer has received notice that the agreement has been awarded.
The packet is available on the City's website: www.santa-ana.org/bids-rfps
FI. PRE- PROPOSAL MEETING
A pre - proposal meeting will occur on the date, time and location identified below. The meeting
will include discussion of the project scope, a walk- through of the conference room as noted in
the scope of work and a question- and -answer session. It is highly recommended that the
Proposer's key team members attend this meeting. Significant interpretations or clarifications
will be addressed via addenda to this RFP, as described above in "Section I11.1): Addenda ".
Meeting Date: Wednesday, March 30, 2016
Meeting Time: 10:00am
Meeting Location: City of Santa Ana City Hall, Ross Annex Building, 4'h Floor, Room# 4104
20 Civic Center Plaza
Santa Ana, CA 92701
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
City of Santaa�Ana RFP 16 -044
2.71 -8
responsibility of the successful Proposer and the City shall assume no liability of such
subcontractors.
J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non-
responsibility may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5) business
days. If no action is taken within such time, there shall be no change to the staff determination.
The exercise by Proposer of its right to submit written concerns shall be a condition precedent to
seeking judicial review of any award of a contract hereunder.
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
Number of Copies and signature: Refer to Section I: General.
2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and attachments such as resumes,
forms). Font size shall be minimum 1 l -point Arial. Proposal exhibits shall be maximum 11"
x 17 ". The Statement of Qualifications includes the following:
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity. Include type of
business entity.
b. Agreement Statement: Proposal shall include a statement outlining your concurrence or
concerns with any and all provisions as contained in the standard agreement attached as
Attachment 2, in the Appendix of this RFP.
c. Firm and Team Experience: Proposal shall include a profile of the firm's experience.
Include resumes of project team/sub- contractors that outline their technical and design
experience. At a minimum, this should include the project manager /principal agent,
associates in charge when project manager /principal agent is unavailable, key personnel,
firm size, and an organization chart identifying only those who will perform work for the
proposed project and the percentage of each individual's time devoted to this project. The
project manager /principal agent shall be the primary contact person to represent your
firm.
City of Santa Ana RFP 16 -044
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d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's
understanding of the scope of work. This outline should include anticipated approach,
tasks necessary for successful completion, and suggestions or special concerns that the
City should be made aware of.
e. Relevant Project Experience: Proposal shall include a list of relevant projects which your
firm or personnel have completed within the last five (5) years, including significant
work with public agencies. Project information should include project description, year
completed, client name, along with a person to contact and their telephone number.
f. Availability: Proposal shall include a written statement which provides information on
the proposer's current workload and how this project would be accommodated
(availability of skilled labor force). This information should be included for all identified
members of the project team. (Example statement: The project manager will complete
80% of the proposed project and will allocate 60% of his total time to the proposed
project.)
g. References: Proposal shall include references for three public entities for which Proposer
has performed similar work within the past five (5) years
h. Fee: Fees may or may not be included as part of evaluation criteria. Refer to "I.
GENERAL ", and IV. SUBMITTAL REQUIREMENTS, B.3 FEE PROPOSAL, below.
(this item notpart ofpage limit)
2. SCOPE OF SERVICES & PROJECT SCHEDULE
Proposal shall include a Scope of Services and Project Schedule which details the work
phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the
schedule /timeline to complete the project, based upon the requested Scope of Work, detailed
in Attachment 1, which is included in the Appendix of this RFP. The Scope of Services and
Project Schedule shall be limited to a MAXIMUM of (5) DOUBLE -SIDED PAGES. Font
size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x 17 ".
3. FEE PROPOSAL:
Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's
Standard Hourly Fee Schedule, and /or a Project Fee Schedule where applicable and as
outlined in the Scope of Work.
Where fees are NOT included as part of evaluation criteria, the fee proposal will not be
opened until the proposals have been evaluated by the proposal selection committee. The
City will select the consultant based on qualifications, and then negotiate a contract price
based on available funding.
Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened
and reviewed concurrently with the proposal, and weighted per the percentage identified in
"I. GENERAL ".
City of Santa Ana RFP 16 -044
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4. CERTIFICATIONS:
The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed
and included as part of the proposal submittal package:
• Attachment 3 -1: Non - Collusion Affidavit
• Attachment 3 -2: Non - Lobbying Certification
• Attachment 3 -3: Non - Discrimination Certification
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
Refer to Section I, General.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
agreement to the proposer who will provide the best quality and value to the City. City reserves
the right to begin negotiations and enter into an agreement without interview or further
discussions.
VL AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will
recommend award of an agreement to the proposer providing the best quality and value to the
City.
B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will
hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will
begin after the agreement is fully executed, and all required bonds, insurance documents and
contents of the payment information packet have been received and approved.
VII. IMPLEMENTATION
A. KICK -OFF MEETING
A kick -off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following the kick -off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents and contents of the Payment
Information Packet have been received and approved.
City of Santa Ana RFP 16 -044
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VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the City, and proposals will become public record
after award of agreement. Proposer information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
City of Santa Ana RFP 16 -044
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
AUDIO - VISUAL EQUIPMENT, INSTALLATION AND SERVICES
RFP NO.: 16 -044
Introduction and Background:
The City of Santa Ana is seeking responses to this RFP from qualified vendors to provide and install a complete
and working audiovisual presentation and web - enabled conferencing system in two locations at City Hall as
described in the description of work. The project includes the purchase of new audiovisual and control
equipment, installation, programming, documentation, training and extended warranty.
The City also desires to enter into a contract with the selected vendor for an initial one (1) year term with a City
option for two (2), two (2) year extensions. This contract will allow the city to purchase equipment and
installation services for additional conference rooms as needed during the term of the agreement.
The estimated budget for this project is $80,000 for both rooms combined. Each conference room shall be
quoted separately in the sealed Fee Proposal envelope and each room will be considered a separate project with
a separate schedule.
Description of Work:
The City is requesting a proposal to provide and install an audiovisual presentation system for the Ross Annex
4`f' Floor Large Conference room (RA Rm# 4104) and for the Ross Annex 3`d Floor Large Conference Room
(RA Rm# 3004) with the following features and capabilities:
Dis la
One Sharp 80 " -90" high definition monitor capable of displaying computer and video sources along with
providing compatibility with PC -based video conferencing and the audio system.
This monitor shall feature full HD 1920 x 1080p resolution with a low profile bezel and anti -image retention
technology and be mounted to the wall utilizing a heavy -duty tilting flat panel mount. The vendor will either
install a new electrical outlet or relocate an existing electrical outlet behind the monitor so it is not visible.
Sources
One dedicated City - furnished computer will be located in the Vendor supplied equipment cabinet. The City will
be responsible for the proper OS and software packages needed to perform the functions of the computer. A
wireless keyboard /mouse will be provided by the Vendor, for use with the dedicated City computer. The City is
responsible for providing the data connection for the computer, but the Vendor may be required to relocate the
data connection as needed by the design of the conference room. The Vendor may suggest an appropriately
sized computer to fit within the Vendor supplied equipment cabinet, if the City - furnished computer is not
City of Santa Ana RFF
251113
One wireless laptop connection solution for displaying video and audio wirelessly from a City provided laptop
Two wired guest laptop connections, from a patch panel located near the equipment cabinet. The patch panel
will offer VGA, sound and HDMI connectivity. The Vendor will provide two (2) 25 ft. VGA with audio cables
for use with the guest laptops. The Vendor will provide two (2) 25 ft. HDMI cables that are thin and flexible.
The City shall furnish one HD Cable TV tuner to be located in the Vendor supplied equipment cabinet.
One DVD /Blu -Ray video connection. The vendor shall provide a DVD /Blu -Ray player, suitable for rack
mounted installation in the Vendor supplied equipment cabinet.
All sources shall be routed through a video scaling switeher located in the vendor provided equipment rack.
This will allow the appropriate source to be displayed on the monitor.
Video (PC -based Video Conferencina)
The Vendor will specify, provide and install an HD video camera system suitable for use with web -based video
conferencing software such as Skype for Business or GoToMeeting, etc. The camera system should have the
ability to pan, zoom and tilt to offer views of different areas of the room and the system should integrate easily
with all video conferencing software.
The Vendor will also provide a quote for providing and installing a 360 - degree conference camera (similar to
Polycom CX5100) as an additional option.
Audio
All computer and video sources shall include audio playback through ceiling mounted loudspeakers. The PC-
based video conferencing calls will be heard through these same speakers.
All audio signals are routed through a digital audio processor that provides the feedback suppression, echo and
room noise cancellation and matrix routing to enable the appropriate signal distribution and audio control
needed for each room. The PC -based video conferencing calls will be clear and articulate with natural two -way
(full duplex) participation. Dialing and other PC -based video conferencing operations are done from the AV
control touch screen. The audio processor has unused outputs for future system expansion.
In order to allow the highest quality PC -based video conferencing calls while providing fast and simple
operation without exposed cabling, the selected vendor shall design and install custom ceiling microphones that
provide excellent coverage and intelligibility with a sleek, modern style.
Control
The City wishes to have a single unified AV control system utilizing a wireless, preferably color, approximately
6.4" touch screen that includes a docking /charging station. This type of system shall provide the reliability of a
"wired" panel, as the touch screen is charged and active whenever it is in the docking station along with the
flexibility of a wireless panel. The touch screen is programmed to provide a logical, easy to use AV interface
for the non - technical user.
The control functions shall include:
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System on/off with user - selectable auto shut -down time
Presentation Presets — simple one - button selection of up to three of the most common options
Display — power, picture mute, auto PC adjust, input selection
Visual source — computer source, cable HD tuner, etc.
Cable HD TV Tuner —Tuner control including 6 favorite channel direct tune buttons
Program Volume — up / down / mute
Microphone Volume — up / down / mute
Should the City require a more cost - effective control option, the Vendor will suggest a reasonably priced
alternative to using a touch screen control panel.
Equipment Rack
All of the audiovisual equipment shall be stored in an appropriately sized custom audiovisual credenza with a
laminate finish, locking front access doors, locking removable back panel and 16RU rack rails for the
equipment bay(s). The color of the credenza will be determined with the City at a later date. The vendor will
either install a new electrical outlet for the Equipment Rack or relocate an existing electrical outlet behind the
Equipment Rack so it is not visible
Installation
Where possible, all cabling (audio, video, power, data, etc.) for the project will be routed behind walls, ceilings
and floors and will be not be visible. Dry wall repair and re- painting services will be provided by the Vendor
using a paint choice provided by the City. The Vendor is responsible for providing all required Electrical work.
Vendor Responsibilities:
Each conference room shall be quoted separately in the sealed Fee Proposal envelope and each room will be
considered a separate project with a separate schedule.
In the proposal, the Vendor shall specify all appropriate equipment to complete the project outcome or suggest
alternate system and /or equipment that will effectively interface and integrate system requirements.
In the proposal, the Vendor shall provide information related to service hours and response time for service
calls. Include information for providing after -hours on -call support for meetings after regular business hours.
The Vendor will create all systems documentation and system drawings describing all features and operations in
detail. The Vendor will provide two (2) full color copies of the documentation bound in a protective cover and
will also provide the documentation in Microsoft Word 2013 format on USB Flash Drive.
Provide all labor, materials, transportation and equipment to complete the furnishing, installation, assembly, set
up and testing of the systems, along with equipment provided by the City as noted in the description of work.
Perform all work pursuant to a plan developed by the City.
City of Santa Ana RFP 16 -044
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Purchase, deliver, assemble, test, and modify audiovisual equipment as specified in the Vendor's proposal quote
and work with the city to modify the proposal quote as needed to fit within the City's anticipated budget for
each room.
Furnish and install all necessary conduit, cabling, boxes, conversion, routing and switching equipment, and
programming labor required for complete and fully operational systems.
Provide all Electrical system work and provide documentation with all current licenses for performing Electrical
system work.
Mark all cables, regardless of length, with permanent, non - handwritten number of letter cable markers within
six inches of both ends. There shall be no unmarked cables at any places in the system. Marking codes used on
cables shall correspond to the codes shown on the Vendor supplied system documentation and drawings.
Warranty the entire system installation for a minimum of one year from the date of system acceptance by the
City. Individual component warranties shall be honored for the term established by the manufacturer, if greater
than one year.
All displays and speakers are to be suspended from the building structure or attached to rated framing. It is the
responsibility of the Contractor to provide a safe support system for the loudspeakers and projectors using rated
hardware from the manufacturer.
Provide a designated project supervisor that will be present and in responsible charge on the project site during
all phases of the installation and testing of the project.
Test all audiovisual systems and demonstrate to the City that they are functioning effectively. The governing
overall requirement is a complete and functional system.
Provide a project maintenance binder with all manufacturer specific operating and maintenance instructions
manuals for each piece of equipment installed.
Provide two operator and maintenance training sessions on each completed system at reasonable convenience of
the City during normal City business hours.
Under the warranty, return within the first 60 days after the systems have been turned over to the City for
additional system configuration and fine - tuning.
Provide all source code for the control system to the City upon completion of project installation.
City Responsibilities:
The City will assign a project manager for the work of this project after the bid is awarded.
The City will make the project work space available during regular business hours and will coordinate with the
selected Vendor to schedule the work space for the installation work.
City of Santa Ana RRFP 16 -044
2��9 I V
Appendix
ATTACHMENT 2
STANDARD AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 201 by and between
' a [insert type of business: sole ownership entity, LLP, etc.], (hereinafter
"Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit B. The total sum to be expended under this
Agreement shall not exceed $ during the term of this Agreement.
b. Payment by City shall be made within # of days (XX) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in
the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on ,
201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended upon a writing executed by the City Manager and the City Attorney.
City of Santa Ana RFP 16 -044
25147
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in
writing that City is granted a non- exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured
City of Santa Ana RFP 16 -044
26ig e 11$
against liability for worker's compensation or to undertake self - insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not affect Consultant's right
to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligent operations
of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
City of Santa Ana RFP 16 -044
25149
property rights arises by reason of the terms of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willfid misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified in Certifications,
Exhibit C, attached hereto and incorporated in this Agreement by reference.
City of Santa Ana RFP 16 -044
26tg22 b
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
, Exec. Director
, City Attorney
XXXXX Agency
City Attorney's Office
City of Santa Ana
City of Santa Ana
20 Civic Center Plaza (M -)
20 Civic Center Plaza (1\4-29)
P.O. Box 1988
P.O. Box 1988
Santa Ana, California 92702
Santa Ana, California 92702
Fax 714- 647 -XXXX
Fax 714- 647 -6515
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
City of Santa Ana RFP 16 -044
251121
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit
C, attached hereto and incorporated in this Agreement by reference.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
City of Santa Ana 4R�FP 16 -044
29111 L
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Name of Attorney
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Name
Executive Director — (Agency)
CITY OF SANTA ANA
David Cavazos
City Manager
CONSULTANT:
(name)
(title)
Tax ID#
City of Santa Ana RFP 16 -044
2' 123
EXHIBIT A
SCOPE OF SERVICES
(from Attachment 1 of RFP, and /or Consultant Proposal)
[Remove this note when assembling Agreement]
EXHIBIT B
FEE PROPOSAL, including hourly rates
(from separately sealed envelope included with Consultant Proposal)
[Remove this note when assembling Agreement]
EXHIBIT C
CERTIFICATIONS
(from Attachment 3 of RFP)
[Remove this note when assembling Agreement]
EXHIBIT D
ADDITIONAL PROVISIONS
(from Attachment 4 of RFP)
City of Santa Ana RFP 16 -044
2 =24
APPENDIX
ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
AUDIO - VISUAL EQUIPMENT, INSTALLATION AND SERVICES
RFP NO.: 16 -044
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid
is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or
agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other
BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that malting a false
certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of 1 20_, by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
City of Santa Ana RFP 16 -044
251=25
APPENDIX
ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
AUDIO - VISUAL EQUIPMENT, INSTALLATION AND SERVICES
RFP NO.: 16 -044
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her lmowledge and
belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the malting of any federal grant, the maldng of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities ".
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section
1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify
and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
City of Santa Ana RFP 16 -044
28%2t
APPENDIX
ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
AUDIO - VISUAL EQUIPMENT, INSTALLATION AND SERVICES
RFP NO.: 16 -044
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he /she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Consultant's commitments under this section., and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and the Consultant may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
City of Santa Ana RFP 16 -044
2 M127
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened
with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject
to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 16 -044
26rg02-'8
CONSULTANT AGREEMENT
THIS AGREEMENT is made and entered into this 21st day of June, 2016 by and between Western
Audio Visual, a subchapter S corporation entity, (hereinafter "Consultant "), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of the
State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
audiovisual equipment, service and support.
B. Consultant represents that Consultant is able and willing to provide, such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement. The scope
of services shall be in compliance with Proposal Submitted in response to the City's Request for
Proposal, attached hereto as Exhibit B.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit B. The total sum to be expended under this
Agreement shall not exceed $80,000 during the term of this Agreement.
Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in
the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 20,
2017, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended for two successive two year periods, subject to nonsubstantive changes, upon a writing
executed by the City Manager and the City Attorney.
1. i.. �'. � •'�
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
ryl.
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in
writing that City is granted a non - exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were 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.
; X0614 _LEND
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully
executed additional insured endorsement in substantially the form attached hereto as
Exhibit C upon execution of this Agreement.
Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700
of the Labor Code, Consultant, if Consultant has any employees, is required to be
insured against liability for worker's compensation or to undertake self- insurance. Prior
to commencing the performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
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(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Consultant's
right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from
any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due
by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from
this Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City
for a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business
hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related
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to this Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified in Certifications,
Exhibit D, attached hereto and incorporated in this Agreement by reference.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
and
Fred Mousavipour, Executive Director Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -5622
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -6515
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To Consultant:
Western Audio Visual
1592 Batavia Street, Suite 2
Orange, CA 92867
Fax: 714- 637 -7272
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
17. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Consultant shall notify the City immediately and in writing of its
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this Agreement.
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
B'
J ANDOVAL
Chi Assistant City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
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RECOMMENDED FOR APPROVAL: CONSULTANT
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
Western Audio Visual
By:
Title:
Tax ID#
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WA:11111n
SCOPE OF SERVICES
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EXHIBIT B
PROPOSAL INCLUDING SCHEDULE (OR) RATES AND CHARGES
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M
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents, volunteers and representatives are named as additional insureds ( "additional
insureds ") with regard to liability and defense of suits arising from the operations and uses performed
by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf
of the named insured, such insurance as is afforded by this policy is primary and is not additional to or
contributing with any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person or
organization as an insured shall not affect any right which such person or organization would have as a
claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been given to the
City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
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Moll
CERTIFICATIONS
251 -39
251 -40