HomeMy WebLinkAbout2005 CON Digital Networks Group - Audio Visual Equipment LibraryAGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
Digital Networks Group, Inc.
THIS AGREEMENT is entered into this 14th day of April, 2005 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Digital Networks Group, Inc. (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
products, and perform services outlined in Request for Bid #GS0405-7, for the new Library.
WHEREAS, the CITY has determined that the CONTRACTOR is qualified by
experience and ability to perform the services desired by the CITY, and the CONTRACTOR is
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Request for Bid #GS0405-7.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Request for Bid
#GSO405-7 to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time seduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 25 % from
the base amount.
Revised August 2003
3. PROJECT COORDINATION AND SUPERVISION. Bernard Yeo,
MIS Director is hereby designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The CONTRACTOR shall assign a single
Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONTRACTOR 'La, :.f"
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Request for Bid #GS0405-7 shall not exceed the
schedule given in Request for Bid #GS0405-7 (the Base amount) without prior written
authorization from the _Purchasing Agent_. Monthly invoices will be processed for payment
and remitted within tirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Request for Bid #GS0405-7 as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth below:
a) Work to be started within days of receipt of notice to proceed
b) Work to be completed within " _ ' days of start date.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared
by the CONTRACTOR for this Project, whether paper or electronic, shall become the
property of the CITY for use with respect to this Project, and shall be turned over to the CITY
upon completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under
this agreement, except uppn the CITY's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
2 Revised August 2003
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability
under Section 14 but only with respect to the effect of the modification or reuse by the CITY,
or for any liability to the CITY should the documents be used by the CITY for some project
other than what was expressly agreed upon within the Scope of this project, unless otherwise
mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may
deem necessary for the proper and efficient performance of this Agreement. All agreements
by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the
applicable terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all applicable State
and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the
City of National City, whether now in force or subsequently enacted. The CONTRACTOR,
and each of its subcontractors, shall obtain and maintain a current City of National City
business license prior to and during performance of any work pursuant to this Agreement.
3 Revised August 2003
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.. Specify the license classification(s) that qualifies
you to perform this service: >'Hh<'«"<v' >i":~>_; Submit a copy of this license with your proposal.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race,
color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical
handicap, or medical condition. The CONTRACTOR will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of 'compensation, and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places available to employees and applicants for
employment any notices provided by the CITY setting forth the provisions of this non-
discrimination clause.
4 Revised August 2003
A
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees and volunteers, against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from or arising out
of the CONTRACTOR's performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government
Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and
shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers
from and against all claims, demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney's fees and costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed
by the CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
5 Revised August 2003
❑ A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
volunteers.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers. agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by final
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgement or award. Attorney's fees to
the prevailing party if other than the CITY shall, in addition, be limited to the amount of
6 Revised August 2003
attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally
by the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exr i d the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
7 Revised August 2003
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to thefollowing persons:
To the CITY:
To the CONTRACTOR:
Mayor Nick Inzunza
City of National City
1243 National City Boulevard
National City, CA 91950
Inc.
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87J03. The CONTRACTOR represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
8 Revised August 2003
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR
shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not
a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties
hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject . matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
9 Revised August 2003
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL Y
By:
Ni
Mayor
APPROVED AS TO FORM:
By:
George Eiser, III
City Attorney
CONTRACTOR:
Please check applicable box, and note the
number of signatures required:
X Corporation (two signatures)
Partnership (one signature)
Sole Propriftorship (one signature)
By: #1
By: #2
;J
(Na e) Mike Stammire
(Title) President
(Name) Chris Ursetta
(Title) Vice President
Mail this contract and insurance documents to:
City of National City
Brenda E. Hodges, C.P.M.
Purchasing Agent
2100 Hoover Avenue
National City, Ca. 91950
Ph: (619)336-4570
10
Revised August 2003
Complete Insurance
4/21/2005 1:55 PAGE 002/003 Fax Server
ACORD CERTIFICATE OF LIABILITY
INSURANCE
oaiz1/2005
PRODUCER (949)263-0606 FAX (949)263-0906
Compl ete Insurance, Inc.
Cal i forni a DOI #0437762
19000 MacArthur Blvd., PH Flr
Irvine, CA 92612-1447
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Digital Networks Group, Inc.
11 Goddard
Irvine, CA 92618
INsuRERA, USF Insurance Company
INSURER Preferred Employers Insurance
INSURERC.
INSURER D:
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
NSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE RAM/DO/Yr
POLICY EXPIRATION
DATE (MM/OD1YY}
LIMITS
A
X
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
PRB12309
12/13/2004
12/13/2005
EACH OCCURRENCE
$ 1,000,000
X
DAMAGE TO RENTED
PREMISES (Fa occurnncM
$ 50 000
r
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$ Excluded
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG
$ 2,000,000
-' I POLICY n PECOT n LOC
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLELIMIT
(Ea accdent)
$
—I
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
$
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORlPARTNERJEXECUTIVE
OFFICER/MEMBER EXCLUDED?
It yes, describe under
SPECIAL PROVISIONS below
WKN1234931
07/07/2004
07/07/2005
X TORY LINtIrs eR
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Installation of voice and data equipment Bid #GSO405-7
:ertificate holder and its officers, agents and employees are named as additional insured as
respects general liability but only if required by written contract prior to an occurrence.
:overage is subject to all terms and conditions of the policy
?rimary wording and waiver of subrogation are included on GL. *10 Days Cancellation non-payment
CERTIFICATE HOLDER
CANCELLATION
City of National City
Its Officers, agents and employees
1243 National City Blvd.
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ith0EX G%MAIL
_30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
XXXXICXXXXXMX*XXXXXXXXXXXXDOOMMOMX1000000000C
AUTHORIZED REPRESENTATIVE
LJ/
Tom North/GAL
ACORD 25 (2001/08)
®ACORD CORPORATION 1988
QUALCOMM
Client:
Qualcomm
Completion Date:
November 2004
Total Dollar Value:
$ 305,000
Professional Services:
$ 61,000 (Included in Total Dollar Value)
(Design, Engineering, Installation, etc.)
Project Description:
Integrated Audio Visual System for Auditorium
Qualcomm asked Digital Networks Group to design and install an audiovisual solution for their Q-
auditorium project located in San Diego. After consulting with the customer, Digital Networks Group
selected the following solution:
Display System: Digital Networks Group used the existing motorized screen located at the front of
the room as the primary display. Four 60" plasma screens were suspended from the ceiling to
optimize audience viewing.
Three 3-chip color cameras were mounted on AMX PTZ control heads. The image from each
camera can be viewed on a Sony 10" color monitor before being recorded or encoded. The camera
feed is routed through a Folsom Research seamless switcher. The camera feeds can then be
recorded on a Beta deck or streamed over their local and wide area network using VBrick encoders
and decoders, to other Qualcomm offices.
An Extron 24 x 24 wide band switching matrix was utilized. All s-video sources such as DVD and
VHS decks are being switched though an 18 x 18 s-video switcher. Any VGA or video source can
be routed to any display device inside the Q-auditorium.
In addition, the auditorium has been equipped with a Polycom video conferencing system. The
system has been configured to use IP or ISDN for internal and external videoconferencing calls.
Each of the three cameras can be routed to the Polycom VS4000. The mixed audio from the
XAP800 is also routed to the Polycom VS4000 so the far end can hear each presenter.
Control System: Due to the complex nature of this room, two 15" color touch panels were
installed in the operator's room. Each touch panel acts as the user interface when controlling any of
the room's equipment and functions. All touch panels are laid out in a fashion that makes operation
of the system almost instinctive, making a very complex system very simple to use.
Audio System: The speech reinforcement consists of four UHF Sennhieser lavaliere microphones
and six UHF Sennheiser hand-held microphones connected to ClearOne's eight -channel
microphone mixer for balancing, mixing and echo suppression. The amplifier is connected to 20
Tannoy ceiling speakers. All levels on program audio and speech reinforcement are controlled
through the touch panel.
Lighting System: Qualcomm also needed a flexible lighting system for their production
environment. Eight Videssence fluorescent lighting fixtures were installed in the stage area.
Existing incandescent and non -dimming fixtures were connected to the AMX dimming rack. The
touch panel has individual control of each lighting fixture. This gives the customer a flexible
environment when setting up the stage area.
Staffing:
Darrell Legge, Account Manager
David Bunting, Engineer
Contact:
Loren Torres
IT Department
5775 Morehouse Drive
San Diego, CA 92121
858-658-4117
Itorres@qualcomm.com
www.digitiolnetworksgroup.com
e
Client:
Ericsson
Completion Date:
November 2004
Total Dollar Value:
$ 205,000
Professional Services:
$ 50,000 (Included in Total Dollar Value)
(Design, Engineering, Installation, etc.)
Project Description:
Integrated AN & Video Conferencing
Ericsson moved their conference room from the first floor of their existing facility to their
new building. They called Digital Networks Group to suggest any changes that would
improve the room's performance while still using much of the existing equipment to keep
the cost down. The project took place in two phases. The first phase was to move the
existing equipment to the new building and reinstall. The second phase was to upgrade
some of the networking equipment to support additional functions. A new 16x16 RGB
switcher was installed to accommodate the additional system inputs and outputs. Two
new floor boxes with RGB inputs were installed in the floor under the conference room
table. Each location accommodates one PC connection, which is routed through the
system switcher. A new VS4000 VTC unit was integrated into the system to support IP
and ISDN video -teleconferencing sessions. Two cameras were installed for displaying
both a presenter and the group. To support audio from the conference table, eight
wireless flat -table microphones can be placed on the table when needed and easily
removed when a VTC session is not in session. A new 5.1 surround system was installed,
including new in -wall speakers for center, front and rear audio plus a new subwoofer. A
new lectern houses the touch panel control and other related AV gear. Three new 100"
diagonal seamless rear projection screens, mirror systems and projectors provide a
seamless bright presentation image. Four 21" 4x3 aspect ratio LCD displays were
installed and connected to dedicated laptops. Each display is connected to the switching
matrix, allowing any media to be displayed on each monitor. The system has provided
Eriksson with advanced capabilities for their meetings and training sessions.
Staffing:
Darrell Legge, Account Manager
David Bunting, Senior Design Engineer
Joe Perez, Project Manager
Project Duration:
Engineering — 3 months
Implementation — 3 weeks
Contact:
David Readman
6455 Lusk Blvd.
San Diego, CA 92121
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University of California, Irvine
Client:
UC Irvine
Completion Date:
December 2004
Total Dollar Value:
$ 1,370,000
Professional Services:
$ 305,200 (Included in Total Dollar Value)
(Design, Engineering, Installation, etc.)
Project Description:
AN Integration — 54 Rooms Systems
& Two Lecture Halls
Digital Networks Group, Inc. provided turnkey design, engineering and integration of state-
of-the-art technology into fifty-six classrooms & two Lecture Halls on the Irvine, CA
campus. This was UCI's first and second phase of a four year, 124 room project and
included the installation of user-friendly podiums, each housing the most current teaching
technologies. The project also included the integration of AMX's smart panels and
NetLinx technology to provide Ethernet based "IP" control of all audio & video input and
output devices in each classroom. Additionally, AMX's global management system was
designed into the project providing the client with the ability to proactively control each
room, or group of rooms, from a remote IT help desk. This project featured Digital
Network Group's diverse competencies including structured cabling, audio/visual and
network integration.
Staffing:
Carl Blum, Senior Design Engineer
Pat DeVera, Project Manager
Son Nguyen, Foreman
Long Tran, Senior Technician
Huy Pham, Senior Technician
Project Duration:
Design & Engineering — 8 weeks
Implementation — 2.5 weeks
Contact:
Bill Nail, Assistant Director of Informational Resources
University of California, Irvine
Irvine, CA 92697
949-824-7585
wwnail@uci.edu
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MEETING DATE May 3, 2005
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO.
11
ITEM TITLE
Resolution accepting the lowest, responsive, responsible bid, for the purchase of Audio Visual
Equipment for the new Library, from Digital Networks Group, Inc., in the amount of 61,848.84
PREPARED BY
EXPLANATION
DEPARTMENT
Brenda E. Hodges, C.P.M. r Purchasing Dept.
(619)336-4570
Request for Bid #GS0405-7 was issued for the purchase of audio visual system, equipment and
installation for the new Library. Bids were mailed to 7 vendors, netting 3 responses, one of
which was a 'no bid'. Bids were opened and publicly read on April 14, 2005 with no vendors
present for the opening.
Digital Networks Group, Inc. offered the lowest, responsive, responsible bid.
The award will be in the amount of $61,848.84.
Environmental Review %� N/A
Financial Statement
Funds exist in the CIP account
Approved Byp, £,(
�"�' Finance Director
#241-409-500-598-1583: $40,201.75
#242-409-500-598 Ac3duNto 7A9
STAFF RECOMMENDATION
In concurrence with the City Engineer, the Purchasing Agent recommends that the award be
made to Digital Networks Group Inc., and that authority be given to the Purchasing Agent to
issue resulting purchase order.
BOARD / COMMISSION RECOMMENDATION
not applicable
ATTACHMENTS ( Listed Below )
Bid Abstract
Service Agreement
\ Resolution
A-200 (9'99)
Resolution No. a-7,0b5
RESOLUTION NO. 2005 — 85
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID
FOR THE PURCHASE AUDIO VISUAL EQUIPMENT FOR THE
NEW LIBRARY FROM DIGITAL NETWORKS GROUP, INC.,
IN THE AMOUNT OF $61,848.84
WHEREAS, -the Purchasing -Agent of the city-of-National-C-it4-did, --in open
session on April 14, 2005, publicly open, examine and declare all sealed bids for Bid
#GS0405-7, the purchase of audio visual equipment for the new library.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of
the City of National City hereby awards the contract for audio visual equipment for the new
library to the lowest responsive bidder, to wit:
DIGITAL NETWORKS GROUP, INC.
BE IT FURTHER RESOLVED that the City Council of the City of National
City hereby authorizes the Purchasing Agent to execute on behalf of the City a purchase
order between Digital Networks Group, Inc. and the City of National City for the purchase
of audio visual equipment for the new library in the amount of $61,848.84.
PASSED and ADOPTED this 3rd day of May, 2005.
Nic
ATTEST:
APPROVED AS TO FORM:
z+s
George H. Eiser, III
City Attorney
a, ayor
Passed and adopted by the Council of the City of National City, California, on May 3,
2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Cit Clerk oft a Ci of
National
City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-85 of the City of National City, California, passed and adopted
by the Council of said City on May 3, 2005.
City Clerk of the City of National City, California
By:
Deputy
BIDDER:
Digital Networks Group, Inc.
Irvine, CA
CompView, Inc.
Poway, CA
Audio Video Supply
San Diego, CA
Televideo
San Diego, CA
Audio Graphic Systems
Ontario, CA
Troxell
San Diego, CA
Southland Technology
San Diego, CA
BID #GSO405-7 ABSTRACT/ANALYSIS 4/21/2005
Equipment Labor Maint. Subtotal Tax Total
$34,359.00 $16,427.00 $8,400.00 $59,186.00 $2,662.82 $61,848.82
$48,397.28 $22,367.01 included $70,764.29 $3,750.79 $74,515.08
No Bid
No Response
No Response
No Response
No Response
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 10, 2005
Mike Stammire
Digital Networks Group Inc
11 Goddard
Irvine CA 92618
Dear Mr. Stammire,
On May 3, 2005, Resolution No. 2005-85 was passed and adopted by the
City Council of the City of National City, accepting the lowest, responsive,
responsible bid for the purchase of audio visual equipment for the new
library from Digital Networks Group, Inc.
We are forwarding a certified copy of the above Resolution and one fully
executed original agreement.
Sincerely,
L-f\
Martha L Alvarez
Deputy City Clerk
/mla
Enclosure
cc: Purchasing
File No. C2005-85
® Recycled Paper