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HomeMy WebLinkAboutItem No. 10 - Millennium Alarm SystemsCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-314 Agenda Date: 8/9/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 10) Contractor Services Agreement with Millennium Alarm Systems for Citywide Advanced Security, Surveillance, and Communication Systems 1.Approve and authorize the City Manager to execute a service agreement with Millennium Alarm Systems to provide advanced citywide security, surveillance, and communication systems in an annual amount of $375,000.00, in such final form as approved by the City Attorney. 2.Authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $37,500.00 for additional on-call and minor construction work as needed. Page 1 City of Lake Elsinore Printed on 8/4/2022 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Jim Jensen, Information Technology Manager Date: August 09, 2022 Subject: Contractor Services Agreement with Millennium Alarm Systems for Citywide Advanced Security, Surveillance, and Communication Systems Recommendation 1. Approve and authorize the City Manager to execute a service agreement with Millennium Alarm Systems to provide advanced citywide security, surveillance, and communication systems in an annual amount of $375,000.00, in such final form as approved by the City Attorney. 2. Authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $37,500.00 for additional on-call and minor construction work as needed. Background Staff initiated a Request for Proposal (RFP) on February 28, 2018, for on-call and minor construction contractor services and received six responses. Millennium Alarm Systems responded by providing the required information and was selected as one of the on-call and minor construction contractors after an interview. Utilizing the services of Millennium Alarm Systems, the City has developed and Implemented advanced security systems in the facilities in Appendix A. Millennium Alarm Systems has provided essential contractor services per the agreed scope of work tailored to specialized security, surveillance, networking, complete facility security, and Wi- Fi networking systems, cabling, and wireless infrastructure. In addition to the specialized services, Millennium Alarm Systems has worked to assess Citywide security needs to ensure a comprehensive program with service, hardware, software, and operational compatibility. These complex and highly technical systems require advanced skills to design, engineer, install and train the end user. The City has taken a very functional approach to ensure extensive system integration and interconnection with excellent success. Utilizing a single source vendor has allowed these functions to be acquired with confidence and a high operational capacity. This approach has produced system security at multiple City facilities with overlapping insurances. Also, contracting said services have provided immediate essential security and communication services during recent emergency operation center circumstances. Millennium Alarm Systems Agreement August 9, 2022 Page 2 of 2 Discussion Through the course of this year, multiple projects have been completed by Millennium Alarm Systems. Many of these projects have been urgent requirements affecting City operational efforts and continued Citywide services. Every assigned work effort has been proposed in writing, reviewed and negotiated by City Staff, and approved for execution. This work effort has included a wide range of City requirements, time-sensitive and urgent City security and networking demands representative of the work below:  Security Camera Purchase, Installation, and Maintenance  Communication Systems Infrastructure  Control Systems and Servers  Alarm Systems  Software Systems and Licensing  System Maintenance and Software Advanced Modification As the City continues to build and open top-notch facilities for the enjoyment of the entire community, it is important to design and develop competent security and surveillance systems for these facilities. Coupled with design and installation is the programming and training of the system to ensure and obtain optimum readiness and capability. The continuity of designed solutions, engineering, installation, and support is critical to the overall success of any security system. This agreement will ensure consistency with currently installed security systems utilized at City facilities. Below is a listing of the major CIP projects Millennium will assist on completing this next fiscal year:  New Emergency Operations Center  Lighting on Library Street Parking Lot  New City Civic Center  Security Camera Purchase and Installation at various parks  Communication Systems Infrastructure for New Smart City on Main Street For the reasons mentioned above, these services are based on the provider's ability and classified as a sole source and it is in this light the formal bidding will be waived. Therefore, the design capabilities provide endless security perseverance tailored to the City's precise needs to help prevent incidents from happening rather than reacting to them. This agreement is needed to ensure the continued services supporting day-to-day operations, system maintenance, staff training, immediate operational demands, and Citywide capital projects as defined in Appendix A and C. Fiscal Impact Funds are budgeted in the Fiscal Year 23-27 Capital Improvement Program Budget and Internal Service Funds operating budget for repairs, as applicable. Exhibits A – Agreement B – Millennium Alarm Systems, Inc. Proposal @BCL@4006CEEA Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Millenium Alarm Systems, Inc. Security, Surveillance, and Communication Systems This Agreement for Professional Services (the “Agreement”) is made and entered into as of August 9, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Millennium Alarm Systems, Inc., a Corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Security, Surveillance, and Communications Systems B. Consultant has submitted to City a proposal, dated August 3, 2022, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on August 9, 2022 Page 2 and ending June 30, 2025. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed three hundred seventy-five thousand dollars ($375,000.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the s afety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. Page 3 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive 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 that all subcontractors agree in writing that City is granted a nonexclusive 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 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 & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant ’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. 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 services, or expenditures and disbursements charged to 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 to this Agreement. Page 4 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Page 5 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of Page 6 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either t he general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. Page 7 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. Page 8 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Millenium Alarm Systems, Inc. Attn: Niels-Ole Staehr 5777 W. Century Blvd., Suite 1755 Los Angeles, CA 90045 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. Page 9 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing W age Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to Page 10 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to mak e the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” Millenium Alarm Systems, Inc., a Corporation By: Niels-Ole Staehr Its: Owner Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] 1 | P a g e MAINTENANCE AND SERVICE PROPOSAL City of Lake Elsinore, CA August 3, 2022 millenniumalarmsystems.com 2 | P a g e TABLE OF CONTENTS Cover Letter .............................................................................................................................................. 3 Corporate Office Information: ................................................................................................................ 3 Local Office Information: ....................................................................................................................... 3 Personnel .................................................................................................................................................. 5 Management Contact: ........................................................................................................................... 5 Site and Project Manager ....................................................................................................................... 5 Operations Service Manager .................................................................................................................. 5 Resources BIO ........................................................................................................................................ 5 Scope of Work ........................................................................................................................................... 7 Proposed Staffing Model ...................................................................................................................... 7 Activities ............................................................................................................................................... 7 General Service ..................................................................................................................................... 7 Security / Surveillance .......................................................................................................................... 7 FIRE SYSTEM ........................................................................................................................................ 8 eQUIPMENT.......................................................................................................................................... 8 CURRENT MAINTENANCE LOCATION ................................................................................................ 8 Cost Proposal ...................................................................................................................................... 10 3 | P a g e COVER LETTER Millennium Alarm Systems Inc. is pleased to present this proposal to the City of Lake Forest for a complete, turn-key, security maintenance program. Millennium Alarm Systems Inc. was established in 1998, and our Head office is located in Los Angeles. We are currently licensed in California, Arizona, Nevada, Oregon, Texas, Colorado, Washington, Florida, and Puerto Rico. Millennium Alarm Systems Inc. specializes in the design, installation, integration, and service of Security and fire alarm systems, and we also focus on Access Control systems and Closed Circuit TV (CCTV) camera surveillance systems for residential and commercial applications. Millennium Alarm Systems Inc. can provide you with a solution for your security system requirement from a single family home to larger estates or apartment complexes, or small business to a larger industrial facility. We have a solution for your needs. We have installed more than 100,000 security systems over the last 20 years, and every single customer is important to us. Millennium Alarm Systems Inc. has offices in California, Arizona, Nevada, Oregon, Texas, Colorado, Washington, Florida, and Puerto Ric, but we also work closely with partners all over our license areas. Through our partner operations, Millennium Alarm Systems, Inc. can reach out and help protect customers in locations that might otherwise be unavailable. CORPORATE OFFICE INFORMATION: Millennium Alarm Systems, Inc. | Los Angeles 5777 W. Century Blvd., Suite 1755 Los Angeles, CA 90045 Email: info@masinc2000.com Phone: 1 (800) 400-7872 Fax: 1 (310) 337-1650 http://millenniumalarmsystems.com LOCAL OFFICE INFORMATION: Millennium Alarm Systems, Inc. | Riverside 1737 Atlanta Ave., Suite H-8 Riverside, CA 92507 Email: Oscar@masinc2000.com Phone: 1 (310) 895-5373 Fax: 1 (310) 337-1650 http://millenniumalarmsystemsriverside.com 4 | P a g e Millennium Alarm Systems Inc. is uniquely qualified to provide your Contractor Services Agreement Citywide Advanced Security, Surveillance, and Communication Systems at the City of Lake Elsinore. Millennium Alarm Systems Inc. is well positioned to service the City of Lake Elsinore with our own team of dedicated technical resources, including an extensive vehicle fleet, based locally out of our Riverside and other local offices. Authorized Signers: Niels-Ole Staehr Owner Niels@MASinc2000.com (310) 895-5370 5 | P a g e PERSONNEL MANAGEMENT CONTACT: The Account Executive is responsible for all business communicating regarding the service contract and additional related projects. The Account Executive will communicate directly with the customer to ensure the deal is being executed to plan. Niels-Ole Staehr Owner Neils@MASinc2000.com (310) 895-5370 SITE AND PROJECT MANAGER The project manager is responsible for the overall performance and execution of Millennium Alarm Systems Inc. scope of work throughout the contract. The Project Manager focuses on all aspects of project performance, especially those that relate to resource planning and scheduling, communication, customer satisfaction, and quality assurance. • Serves as primary communication interface on project related matters. • Coordinates the development of documentation to support and maintain the City’s Networking. • Schedules any activities in concert with the overall schedule. • Change management and control of services as needed. • Resolves contractual issues. • Issues weekly status reporting. OPERATIONS SERVICE MANAGER The Service Manager is responsible for the overall performance and execution of the contracted services. The service manager becomes hour point of contact after initial implementation and fully transition into service delivery. RESOURCES BIO Oscar Gomez - Project Manager, Technician C10 Certified Email: Oscar@MASINC2000.com) (310) 895-5373 Oscar has over nineteen years of experience with integrated security and networking systems, including experience with engineering, programming, and commissioning of CCTV, ALPR, Access Control systems, and cabling data center. Oscar has extensive experience designing, installing, and managing electrical/video security solutions with our local government sector, including the cities of the City of Laguna Hills. Oscar is a certified C10 Electrician, access control, CCTV, and alarm platforms. Oscar possesses extensive experience in the following specific systems: • AXIS • Arecont Vision • QNAP • SelectDNA • Exacq • Single PH 6 | P a g e • Three PH • DSC • Honeywell • SilentKnight • Firelight • Kantech • QSC Robert Masariego – Operations Service Manager Email: Robert@masinc2000.com 1 (213) 308-0991 Robert has over seventeen years of experience with security and networking systems, including experience programming and commissioning CCTV and Access Control systems and cabling data center. Robert Masariego possesses extensive experience in the following specific systems: • Axis • Arecont Vision • QNAP • Firelight • Kantech • SilentKnight • Exacq • Honeywell • DSC • QSC 7 | P a g e SCOPE OF WORK The scope of work is to provide the City of Lake Elsinore a full-service maintenance for Citywide Advanced Security, Surveillance, and Communication Systems. Maintenance services is 24 hour-a-day, 7 day-a-week. The scope of work ensures continued services in support of day-to-day operations, system maintenance, staffing training, immediate operational demands and new Citywide capital projects assessments. Millenium Alarm Systems staff is focused on preventive meatenance by staffing highly capable engineers in security, surveillance, network, fire systems to provide endless security persererance tailored to the City’s precise needs and prevent incidents from happening. PROPOSED STAFFING MODEL • Oscar Gomez, Project Director/Architect • Robert Masariego, Operations Surpevisor ACTIVITIES • Detailed Mainteanance activities can be found in Section A. GENERAL SERVICE • Implement and maintain a detailed inventory master of all Citywide equipment • UPS/UPC Maintenace SECURITY / SURVEILLANCE • Annual Peneration testing for Security and Surveillance • Installation and Maintenance o Firmware upgrade o Adjusting focusing of cameras o Cleaning of cameras o Total Connect cloud service maintenance • Maintenance and Part Replacement o Window/Door sensor o Motion detectors o Glass breaks o Key pads o Horn and strobes o Systems batteries o Wiring o Zone expanders o Wireless contacts o Pacnic buttons (wired and hardware) CAMERAS • Installation and Maintenance 8 | P a g e o Axis cameras o Software/Firmware updates • Labor for parts replacement as needed (does not include parts) ACCESS CONTROLS • Installation and Maintenance AUDIO VISUAL • Installation and Maintenance COMMUNICATION SYSTEMS AND INFRASTRUCTURE • Installation and Maintenance o Cell and communication o Servers o Networking o Wireless access points o Launch points FIRE SYSTEM • Installation and Maintenance EQUIPMENT • Boom lift • Scissor Lift CURRENT MAINTENANCE LOCATION • City Hall City of Lake Elsinore • Cultural Center • Dream Neighborhood Center • Historical Museaum • Lake Community Center • Launch Pointe Clubhouse • Lunch Pointe Main Building/Shop • McVicker Canyon Park • Surveillence Mobile Unit • Planet Youth • The Anchor • Senior Center • Public Works Yard o New Adming building o Old Admin building 9 | P a g e o Shop • Parks o Rosetta Park ▪ Admin building ▪ Shop ▪ Snack Bar o Canyon Hills Community Park o Swick Matick Park o Summerly Community Park o Diamond Stadium + expanded areas o McVicker Park o Lakepoint Park o Machado Park o Alberhill Park o Channel Walk o Christensen Community Park o City Park o Creekside Park o Lincoln Street Park o Linear Park o Oak Tree Park o Rosetta Canyon Sports Park o Serenity Park & Skate Park o Summerhill Park o Summerlake Park o Tuscany Hills Park o Yarborough Park o Boys & Girls Clubhouse at Alberhill Park o Cultural Center o Lake Community Center o Senior Activity Center o Youth Opportunity Center 10 | P a g e COST PROPOSAL Pricing is good for 30 days. Total Service Agreement Payment Term: $375,000.00 1. Maintenance Service Labor as defined in Section A $200,000.00 Paid monthly $16,666.67 2. Parts/Equipment additional capiral projects covered under this agreement $175,000.00 Invoiced as incurred 11 | P a g e Section A Millennium Alarm System, Surveillance, and Communication System Preventive Maintenance Supporting City's Security and Fire for designated locations Category Description Schedule Areas for Improvements Equipment Management Manage Equipment invetory Daily Active Directory Check for inactive user & computer accounts associated with Security, Alarm, and Fire System Monthly Active Directory Validate Group Policies IT Security Team - Check settings, authorizations, OU Structure Quarterly Hardware Warranty - Check on all equipment associated to Security, Alarm, and Fire System Critical Equipment Annually Hardware Generator - Test Generator Bi-annually Hardware Q-NAP SAN - Check firmware for controller and hard drives Bi-annually City to consider cloud rudundant storage Hardware Server: Check BIOS settings (i.e. Time & Date) Bi-annually Hardware Server: Check for new firmware/bios Bi-annually Hardware Cloud Services: Check Resource Consumption Daily Hardware Server/SAN/Networking: Physically check all equipment Daily Hardware Switch - Check fans and power supplies Daily Hardware SAN - Check Volume Usage (thin provisioned) Monthly Hardware UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Monthly Hardware Switches: Check Firmware Quarterly Hardware Firewall Maintenance N/A Responsibility of the City's IT Networking VPN: Check Utilization, Latency & Packet Loss Monthly 12 | P a g e Networking Load Balancers/Application - Check Firmware & Policies Quarterly Networking Spam/Web Filter - Check Firmware & Policies Quarterly Networking WAN (WiFi): Check Utilization, Latency & Packet Loss Weekly OS/Software Change Local Admin Password Bi-annually OS/Software SSL Certificates - Check expiration dates Bi-annually OS/Software Check Backups and Replication Daily City to consider cloud rudundant storage OS/Software Antivirus maintenance Daily OS/Software Check Windows Services Daily OS/Software Check Application & System Event Logs Monthly OS/Software Check Server CPU, Memory, Disk & Network Utilization Monthly OS/Software Delete Temp Files (Windows & Users Temp locations) Monthly OS/Software End Point Protection - Check for inactive computer membership Monthly OS/Software Endpoint Protection - Run Clean up Tools if applicable Monthly OS/Software Run Windows Updates Monthly OS/Software Update Software (i.e. Adobe Reader, Flash, Java) Monthly OS/Software Windows Logs - Check (C:\Windows\Logs) especially CBS Monthly OS/Software Check File Shares/Permissions Quarterly OS/Software Backups - Test, Perform VM restore in sandbox environment if applicable Weekly Security End Point Protection - Check Policies & Scan Schedule Monthly Security Security Logs - Check for brute force/unauthorized access Monthly 13 | P a g e Security Check Domain User Password Policy Quarterly Security Review Firewall Polices (i.e. NAT and Access Rules) Quarterly City to provide Security Review Security Group Memberships Quarterly Security End Point Protection - Check Dashboard and Logs Weekly Security Security Equipment Batteries Daily Security Schedule tests Monthly Security Clean alarms Monthly Security Check for System Status Updates Daily Security Keep Sensors Clear of Dust and Debris Daily Security Perform Regular Communication and Sensor Testing Weekly Security Inspect sensors Weekly Security Do a perimeter check Monthly Security Check security lights and porch lights Monthly City to address lighting issues identified Security Check batteries in wireless sensors Weekly Security Check batteries in remotes Weekly Security Check batteries in smoke/CO detectors Weekly Security Check batteries on door panels Weekly Access Controls User requests Daily Access Controls Security Logs - Check for brute force/unauthorized access Monthly Access Controls Equipment testing Monthly 14 | P a g e Access Controls UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Daily Audio Visual Testing firmware Daily Audio Visual Testing sound (microphone, cameras, TVs, Executive conference rooms) Daily Audio Visual System logs and configuration changes Daily Audio Visual Lighting controls review Daily Audio Visual Check equipment before meetings (speakers, microphones) Daily Fire Fire detection devices placed in areas with heavy exposure to dust, smoke or grease are often triggered accidentally, making them seem unreliable Weekly Fire Schedule tests of smoke detectors and fire alarms Monthly Fire Check how many detectors for the size and layout of a building to ensure they are appropriate for their use Quarterly Fire Running weekly alarm system tests if possible Weekly Fire Notifications to impacted resources of fire test Weekly Fire Checking the batteries in all fire detectors and smoke alarms Weekly Fire Checking visual displays on the fire alarm panel Monthly Fire Update and test the function of the system and determine any possible methods strengthening or streamlining the integration of fire systems Quarterly Fire Reviewing fire detection device and alarm system service records to ensure that all systems meet current requirements and are fully compliant with NFPA regulations Monthly Fire Testing all voice alarm systems Monthly Fire Testing in-building fire emergency voice/alarm communications Quarterly Fire Testing the fuses and transmitters on the control equipment for your monitored systems Quarterly 15 | P a g e Fire Follow up. Ensure that fire departments are properly receiving notifications when fire alarms sound Annually Fire Schedule Annual Fire System Inspections Annually 16 | P a g e Millennium Alarm Systems, Inc. 5777 W. Century Blvd., Suite 1755 Los Angeles, CA 90045 Email: info@masinc2000.com Phone: 1 (800) 400-7872 Fax: 1 (310) 337-1650 California: #ACO5261 | Arizona: #ROC261615 | Nevada: #74797 | Texas: #B16995 | Washington: #MILLEAS890P5 | Colorado #20141014434 | Oregon CCL #208200 | Florida F16000004622 | Puerto Rico 385353