HomeMy WebLinkAboutReso 24-2021 (21-22)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 24-2021
File Number: 21-22 Enactment Number: RES 24-2021
A RESOLUTION APPROVING A PURCHASE
AGREEMENT WITH ZETRON, INC. TO PURCHASE
COMMUNICATION EQUIPMENT FOR THE CIVIC
CAMPUS PROJECT, PHASE I, POLICE STATION AND
911 DISPATCH CENTER IN AN AMOUNT NOT TO
EXCEED $311,300.00.
WHEREAS, on January 8, 2020, the City Council awarded a construction contract to
SWINTERON BUILDERS of San Francisco, California for the COMMUNITY CIVIC CAMPUS:
PHASE I POLICE STATATION (Project No. pfl 707; Bid No. 2633) in the amount of $52,553,015; and
WHEREAS, on January 8, 2020 the overall Phase 1 budget was adjusted to include furniture,
fixtures, and equipment for the new Police Station; and
WHEREAS, the existing Police Department communication systems have been in service for
over seven years and have reached the end of economic life; and
WHEREAS, new communication equipment is needed to serve the City of South San
Francisco, the City of Pacifica, and the City of Colma; and
WHEREAS, this agreement is for the purchase of equipment only (no services); and
WHEREAS, the new communication equipment must be compatible with the existing mobile
radios in police and fire vehicles; and
WHEREAS, the new communication equipment will have an economic lifespan of six years;
and
WHEREAS, Council has the authority to approve sole sourcing of these items under the City
purchasing policy, which allows sole -sourcing when "the item purchase is so unique, that only one
possible source could meet the established standards"; and
WHEREAS, California Public Contract Code Section 3400(c) also permits general law cities
to suspend competitive bidding in public works contracts and to make sole source purchases of products
in order to match other products in use on a particular public improvement either completed or in the
course of completion; and
WHEREAS, the City finds the contract is for unique equipment that meets these requirements.
City of South San Francisco Page 1
File Number: 21-22
Enactment Number. RES 24-2021
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco adopts a resolution approving a Purchase Agreement with Zetron, Inc. in an amount not to
exceed $311,300.00 in substantially the same form as attached hereto; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement amendments and any other related on behalf of the City upon timely submission of Zetron,
Inc. signed contract all other required documents, subject to approval as to form by the City Attorney.
Ea
At a meeting of the City Council on 1/27/2021, a motion was made by Councilmember Nicolas,
seconded by Vice Mayor Nagales, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, and
Councilmember Coleman
Attest by
kL--
qosa Govea Acosta, City Clerk
City of South San Francisco Page 2
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[Rev:11/14/2016]
PURCHASE AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND ZETRON, INC.
These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation,
training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by Zetron, Inc.
(“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this Purchase
Agreement as “the Parties.” If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement,
that subcontractor is an agent of the Vendor, and is hereby included by reference as “the Vendor.”
1. Time of Performance. This Purchase Agreement shall commence effective January 28, 2021 and shall end when Vendor
has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A (“Products”
and/or “Services”). The equipment and products listed in Exhibit A must be delivered by September 30, 2021. The
installation and other services set forth in Exhibit A must be completed by September 30, 2021. In the event that any of
the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail.
2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City
with radio console equipment and shall complete delivery F.O.B. to the City of South San Francisco on or before 245
days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase
Agreement and Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement.
3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed
amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed
three hundred eleven thousand and three hundred dollars ($311,300.00).
The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase
Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the
corresponding prices in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute
acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance
with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered
exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or
failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred
percent (100%) of City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements.
4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the d elivery of
the Products and/or Services listed herein.
5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and /or Services are as described
on this Purchase Agreement conform to all drawings, samples, descriptions and specifications contained in Exhibit A;
(B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of
workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and
all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the
Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this
warranty, any Products or components not meeting the foregoing quality shall be deemed defective. The foregoing
warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this
Purchase Agreement.
Vendor also expressly warrants and guarantees, for one (1) year that the Products and/or Services furnished by it to City
shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the
date of acceptance of the City, and expressly agrees to re pair or replace Products and/or Services or any part thereof
which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period
stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City,
rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on
receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct
any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty
and guarantee, the City may perform the work necessary to effectuate such corrections, repair s and replacements, and
recover the cost thereof from Vendor.
6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its
subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City.
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7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during
installation. After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to
installation.
8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection
and acceptance or rejection by the City.
9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City),
and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants
(collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs
(including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising
out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase
Agreement or Vendor’s failure to comply with this Purchase Agreement, except such Liability caused by the gross
negligence or willful misconduct of the City Indemnitees.
10. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement,
Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained
and maintains insurance in the following amounts:
A. Workers’ Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for
bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also
include coverage for liability arising out of the use and operation of any City -owned or City-furnished equipment used
or operated by the Vendor, its personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per
occurrence for bodily injury and property damage including coverage for owned and non -owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds
with any City insurance shall be secondary and in excess to Vendor’s insurance. If the Vendor’s insurance policy includes
a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the
effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not
serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to
the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from
satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally,
the certificates of insurance must note whether the policy does or does not include any self-insured retention and also
must disclose the deductible.
The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed
approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding.
11. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or
mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s
work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed
as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770,
et seq. Each laborer, worker or mechanic employed by Vendor or by any subcontractor shall receive the wages herein
provided for. The Vendor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section
1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The
difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor
to each worker.
An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the prevailing
rate of per diem wages and penalties pursuant to Labor Code Sections 1770 -1775. The City will not recognize any claim
for additional compensation because of the payment by the Vendor for any wage rate in excess of prevailing wage rate
set forth. The possibility of wage increases is one of the elements to be considered by the Vendor.
A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached
hereto pursuant to Labor Code Section 1773.2, the Vendor shall post at appropriate conspicuous points at the site of the
project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be
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engaged in work on the project under this contract and all deductions, if any, requir ed by law to be made from unpaid
wages actually earned by the laborers and mechanics so engaged.
B. Payroll Records. Each Vendor and subcontractor shall keep an accurate payroll record, showing the name, address,
social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by the Vendor in connection with the public work. Such records shall be certified and submitted
weekly as required by Labor Code Section 1776.
12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of employment
taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding,
Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be
amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit B. Unless Vendor
provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Vendor as required by law. Vendor shall
obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other
written evidence of exemptions or waivers) from all subcontractors. Vendor accepts sole responsibility for
withholding taxes from any non-California resident subcontractor and shall submit written documentation of
compliance with Vendor’s withholding duty to City upon request.
13. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement
upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products
and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination.
14. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding
(including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a
proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding.
15. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing
and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted
by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery)
provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written
confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service
(e.g., Federal Express); and (iv) upon receipt, if sent by certi fied or registered mail, return receipt requested. In each case
notice shall be sent to the respective Parties as follows:
Vendor:
Zetron, Inc.
12034 134tth Ct NE
Redmond, WA 98052
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
16. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement
without the City’s prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for
any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County
of San Mateo.
17. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect
the validity of the remaining portions of this Purchase Agreement.
18. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Purchase
Agreement may be modified or amended only by a subsequent written agreement signed by both Parties.
19. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other electronic means,
and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original,
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and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties.
CITY OF SOUTH SAN FRANCISCO VENDOR
A Municipal Corporation
By:___________________________ By:___________________________
City Manager [Name], Authorized Rep
Approved as to Form:
__________________________
City Attorney
2729963.1
City of South San Francisco
Police radio and telecommunications cost estimate
Revised: 11-03-2020 DJ
Sales Tax Rate 9.75%
Freight Estimate 0.75%
Equipment & Materials Freight Sales Tax Services Total
Zetron radio console system $283,000 $708 $27,593 $0 $311,300
Harris-Tait radio equipment $167,288 $627 $16,311 $0 $184,226
Miscellaneous equipment and antennas $188,514 $1,414 $18,380 $0 $208,308
TEA installation and project services $19,055 $1,429 $1,858 $174,568 $196,910
$900,744
Note: Design based on using existing UHF T-band radio frequencies. Radio base station
and dispatch console equipment will be capable of dual mode operation supporting
standard analog and P25 encrypted operation.
City of South San Francisco
Zetron Radio Console Equipment Requirements Revised: 11/03/2020
Part Number Description Qty List Discount Net Ext List Ext Net
905-0380 MAX Standard Workstation Bundle Position: 1 Operator
Workstation PC, 1 Media Dock, 2 Speakers & power supply
Licenses: 1 MAX Base Software License All manuals are
included in soft copy format with the MAX Software
8
Part Number Description Qty List Discount Net Ext List Ext Net
930-0222 Individual Call Software Feature Set
Includes: Individual radio call, Call Alert,
Radio Check, Radio Monitor, Inhibit, Uninhibit
8
930-0225 Event Replay
Short term audio playback at the console
position.
8
930-0226 Aux I/O Software Feature Set 8
Part Number Description Qty List Discount Net Ext List Ext Net
950-0032 Headset, 6-Wire with PTT, Noise Cancelling
Dual-prong adapter which includes one
headset top. (exclude)
0
802-0115 Headset Top, Noise Cancelling (exclude)0
950-1077 Dual Prong Headset Jackbox Option; Dual
Volume Control
Needed for TRHI functionality
16
901-9731 Desktop Microphone, with 6' RJ45 to RJ45 Cable (exclude)0
950-0884 Footswitch, Single with 10' cable 8
MAX Standard Package
MAX Operator Workstation Software Licenses (per workstation)
Workstation Hardware Options
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City of South San Francisco
Zetron Radio Console Equipment Requirements Revised: 11/03/2020
950-0884 Speakers Single (cable separate)8
709-0170-10 10 ft Shielded Cat 5e Cable for Speakers 24
Part Number Description Qty List Discount Net Ext List Ext Net
901-9677 MAX Radio Gateway Conventional (RJ21)
Hardware
This hardware variant is used when the site
requires that the interconnects be
demarcated on punch down blocks. Includes
one 10' shielded Cat 5e cable. This device
supports 2 radio channels.
7
930-0227 MDC-1200 (encode/decode) Signaling
For Local and Tone Remote Radios Only
3
Part Number Description Qty List Discount Net Ext List Ext Net
901-9725 MAX Digital Radio Gateway
This Radio Gateway hardware model is used
when interfacing via IP directly to a NEXEDGE
DMR, or P25 DFSI System.
3
930-0270 P25 DFSI Interface License
A license is required for each DFSI Talkpath
being monitored at the console
5
Part Number Description Qty List Discount Net Ext List Ext Net
931-0003 Digital Radio Gateway AES Encryption License
(per Talkpath)
5
MAX Radio Gateway Interface & Options (RJ21)
MAX Digital Radio Gateway Interface & Options
Special Export Controls
Page 2
City of South San Francisco
Zetron Radio Console Equipment Requirements Revised: 11/03/2020
Part Number Description Qty List Discount Net Ext List Ext Net
901-9715 MAX Central
MAX Central is the hardware platform that
hosts the MAX Manager, Telephony Gateway,
IP Voice Logger Gateway, and the Aux I/O
Gateway. Includes five 10' shielded Cat 5e
cables.
2
930-0231 Z-Node Manager
At least 1 Z-Node Manager is required for
each system.
2
930-0221 Block of 10 Radio Channel Licenses 1
930-0376 Block of 2 Radio Channel Licenses 2
930-0239 Aux I/O Port License - 48 Ports
(Supports any combination of Inputs and
Outputs up to 48)
1
802-2117 Acromag Ethernet I/O Unit
32 Optically Isolated Inputs, 16 Relay Outputs
(250 VAC@ 2A) 18 to 36 VDC, Power Supply
Not Included
1
950-1347 Network Isolation Switch
Must be used with P/N 802-2117
1
802-0255 Power Supply for 802-2117 Acromag Ethernet Unit 1
MAX System Hardware/Software
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City of South San Francisco
Zetron Radio Console Equipment Requirements Revised: 11/03/2020
Part Number Description Qty List Discount Net Ext List Ext Net
950-1142 Redundant 12VDC Power System - Up to 20 Devices
This is a redundant power supply that can
support up to 20 MAX Dispatch devices.
Includes 19" rack mount enclosure.
1
950-1134 12VDC Power Distribution Panel
Can support up to 40 MAX Dispatch devices.
Fuses not included.
1
416-0043 Fuse, 3 Amp 15
950-0588 Dual Unit Rack Mount Option 5
810-0142 19" Rack 2U Shelf 1
Part Number Description Qty List Discount Net Ext List Ext Net
802-2311 23" Widescreen touchscreen LCD Monitor
Supports up to 1920x1080 resolution.
8
950-1281 24 Port Managed Gigabit Rack Mount Switch
Two required for high availability network.
2
Part Number Description Qty List Discount Net Ext List Ext Net
XMP-0344-EBS MAX-PSP Extended Service Plan
Price is for 8 workstation seats
1 year Software services, 1 year Hardware,
After Hours Phone Support and 1 year
membership in the Zetron MAX Users Group,
per position per year
4
Rack Mounting & Power Equipment
Monitors & Network Equipment
Product Service Plans
Page 4
City of South San Francisco
Zetron Radio Console Equipment Requirements Revised: 11/03/2020
Part Number Description Qty List Discount Net Ext List Ext Net
XMP-0344-BAS MAX-PSP Base Service Plan
1 year Software Services, 1 years Hardware
Services, 1 year of Advance Hardware
replacement, Operator web training (2-4 hr
sessions) and 1 year membership in the
Zetron MAX Users Group
1
Zetron, Inc List Total:
12034 134th Ct NE Net Total:
Redmond, WA 98052 Freight:
Phone: 425-820-6363
Product Warranty Package
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