CITY OF LAKE OSWEGO Permissive Cooperative Procurement Contract Annual Fire Alarm System ...

207 Pages·2015·21.27 MB·English

CITY OF LAKE OSWEGO 

Permissive Cooperative Procurement Contract 

Annual Fire Alarm System Testing, Inspection and Maintenance  
and On‐Call Services 

Contractor:  Convergint Technologies Date of Contract: April 23, 2015

Mailing  7678 SW Mohawk Street Date of Completion: May 31, 2018
Address:  Tualatin OR  97062 

WHEREAS, Contractor and the Convergint Technologies/The Cooperative Purchasing Network (TCPN) 
previously entered into the following Contract: Security System Services (“Original Contract”), a copy of 
which is attached hereto (excepting the project specific specifications); and  

WHEREAS,  the  City  of  Lake  Oswego  may  enter  into  a  Permissive  Cooperative  Procurement  without 
competitive bidding if the Original Contract and its solicitation complied with ORS 279A.215; 

WHEREAS,  the  solicitation  of  the  Original  Contract  complied  with  the  requirements  for  a  Permissive 
Cooperative Procurement; 

WITNESSETH: 

  Contractor and the City of Lake Oswego, a municipal corporation, mutually covenant and agree to 
and with each other as follows: 

1.  SCOPE OF WORK.    The Contractor shall perform the following work:  

A. Annual Maintenance: 
Annual maintenance at specific locations, as set forth in Exhibit A – Scope of Work. 

B. On‐Call Services as the City may request from time to time. 
The specific time and locations of service to be provided hereunder are “on‐call” and shall 
be defined by City in the individual job orders from time to time during the term of this 
Contract. The amount of services to be requested by the City under the on‐call portion of 
the Contract is unknown, and therefore there is no expectation on the amount of service 
work to be requested. 

2.  CONTRACT DOCUMENTS.  The contract documents shall consist of the contract documents as 
stated in the Original Contract, and all terms and provisions, including insurance, and termination, are 
incorporated herein.  The City of Lake Oswego Standard Public Contract Provisions attached are also 
incorporated. 

3.  DURATION OF CONTRACT.  This Contract shall become effective on the date this Contract has been 
signed by every party hereto.  Contractor acknowledges that no work has been or will be performed for the 
project under this Contract until this Contract is fully executed and effective.  Contractor shall complete 
performance of this contract on or before the Date of Completion stated above.
City May elect to renew the Annual Project or On‐Call Services, or both, under the Contract upon the same 
terms, and conditions for not to exceed two (2) additional one‐year periods. Renewal shall be upon written 
notice to Contractor not sooner than 120 days nor later than 60 days prior to the completion date stated 
above, and the same date of each year thereafter for which the Contract is renewed. 

4.  PAYMENT.  In accordance with the terms and provisions of the Original Contract, Contractor shall be 
compensated for all goods, materials, expenses, and services as follows: at the rate(s) as set forth on the 
attached Exhibit A, not to exceed the sum of Twenty Five Thousand and 00/100 Dollars, ($25,000.00). 

Upon any renewal, the rates shall be as set forth in Exhibit A, with the annual amount not to 
exceed the sum of Twenty Five Thousand and 00/100 Dollars, ($25,000.00). 

No payment shall be due to the Contractor until the Contractor has submitted to the City’s Finance 
Department IRS Form W‐9 Request for Taxpayer Identification and Certification 
(http://www.irs.gov/pub/irs‐pdf/fw9.pdf).  The City prefers to pay contractors by electronic fund 
transfer; the contractor may submit the EFT agreement (http://tinyurl.com/LO‐EFT) to the City’s 
Finance Department.  Payment shall be tendered when due within 30 days from the date of receipt 
of the invoice.   

CONVERGINT TECHNOLOGIES    CITY OF LAKE OSWEGO

By:__________________________     
Name:________________________  ____________________________ 
Title: _________________________  Scott Lazenby, City Manager 
Date: _________________________  Date: ______________________ 
  Public Contracting Officer 
  380 A Avenue 
  P.O. Box 369 
Lake Oswego, OR 97034 

APPROVED AS TO FORM: 

_________________________ 
Evan P. Boone 
Deputy City Attorney 

Ver. 1005
CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT
(3/13)

The following City of Lake Oswego Standard Public Contract any permitted subcontract under this Contract a requirement that
provisions are made a part of the Contract between City and the subcontractor be bound by the following sections of this
Contractor by reference. Where the Lake Oswego Redevelopment Contract as if the subcontractor were the Contractor: Independent
Agency (LORA) is the contracting party, “City” shall refer to LORA. Contractor Status; Other Contractors; Hours of Labor; Ownership
of Work; Indemnity and Hold Harmless; Records; Attorney Fees;
CHANGES Compliance with Laws. PCO's consent to any subcontract shall not
This contract, including all attachments and exhibits relieve Contractor of any of its duties or obligations under this
annexed hereto, shall not be subject to modification or amendment Contract.
except in writing, executed by both parties. This contract and any This contract is not assignable by the Contractor, either
substantive changes to the scope of work or changes to the contract whole or in part, unless Contractor has obtained the prior written
costs will not be effective until approved in writing by the City’s consent of the City.
Public Contracting Officer (PCO). City and Contractor are the only parties to this Contract
and are the only parties entitled to enforce its terms. Nothing in
INDEPENDENT CONTRACTOR STATUS this Contract gives, is intended to give, or shall be construed to
The Contractor agrees and certifies that: give or provide any enforceable benefit or right, whether directly,
A. The Contractor is engaged as an independent indirectly or otherwise, to third persons.
contractor. Although the PCO reserves the right (i) to determine
(and modify) the delivery schedule for the Work to be performed HOURS OF LABOR
and (ii) to evaluate the quality of the completed performance, City For those employees of Contractor covered or subject to
cannot and will not control the means or manner of Contractor's Oregon employment laws, the Contractor shall pay employees for
performance, nor provide any tools or equipment for the overtime work performed under the public contract in accordance
performance of the Work, except as provided elsewhere in this with ORS 653.010 to 653.261 and the Fair Labor Standards Act of
Contract. Contractor is responsible for determining the 1938 (29 USC 201 et seq.).
appropriate means and manner of performing the Work.
B. Contractor shall be responsible for all federal or state ERRORS
taxes applicable to compensation or payments paid to Contractor The Contractor shall perform such additional work as
under this Contract and, unless Contractor is subject to backup may be necessary to correct Contractor’s errors in the work
withholding, City will not withhold from such compensation or required under this contract without undue delays and without
payments any amount(s) to cover Contractor's federal or state tax additional cost.
obligations.
C. The Contractor will not, on account of any REPRESENTATIONS AND COVENANTS
payments made under this contract, be eligible for any benefit A. Contractor's Representations. Contractor represents and
from federal social security, workers' compensation, covenants to City that:
unemployment insurance, or the Public Employee's Retirement (1) Contractor has the power and authority to enter into
System, except as a self-employed individual; and perform this Contract,
D. Contractor is not currently an employee of the (2) This Contract, when executed and delivered, shall be
federal government or the State of Oregon; and a valid and binding obligation of Contractor enforceable in
E. The Contractor is not a contributing member accordance with its terms, and if Contractor is a partnership,
of the Public Employee's Retirement System. corporation or other form of business entity, this contract was
F. Contractor is not an "officer," "employee," or duly approved and executed pursuant to authority of the
"agent" of the City, as those terms are used in ORS 30.265. governing body or parties of the Contractor,
(3) Contractor is not in violation of any Oregon tax laws.
OTHER CONTRACTORS (4) Upon acceptance of each project, the Contractor
The City may undertake or award other contracts for warrants that it will carefully examine, as necessary, the site of the
additional or related work, and the Contractor shall fully work contemplated and any plans, specifications, and contract
cooperate with such other contractors and with any City documents pertaining to work, with the exception of unknown
employees concerned with such additional or related work, and physical conditions at the work site, of an unusual nature, differing
shall coordinate its performance under this contract with such materially from those ordinarily encountered and generally
additional or related work. The Contractor shall not commit or recognized as inherent in work of the character provided herein..
permit any act that will interfere with the performance of work by (5) Contractor shall, at all times during the term of this
any other contractor or by City employees. Contract, be qualified, professionally competent, and duly licensed
to perform the Work.
SUBCONTRACTORS AND ASSIGNMENT (6) Contractor will accomplish the work using a standard
Except as set forth in Contractor’s proposal or otherwise of performance and care that is currently accepted by other
in this Contract, no subcontract shall be made by the Contractor contractors engaged in similar work, under similar conditions
with any other party for furnishing any of the work or services and at the date the services are provided in the Portland
herein contracted without obtaining the prior written consent of metropolitan area (Standard of Care).
the City, which City may withhold without cause. In addition to (7) Contractor’s invoices shall describe all work
any other provisions PCO may require, Contractor shall include in performed with particularity, by whom it was performed, and shall

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CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT
(3/13)

itemize and explain all expenses for which reimbursement is by conditions created thereby, or based upon Contractor’s
claimed. Contractor shall send invoices to City’s Project Manager. violation of any statute, ordinance or regulation.
(8) Contractor’s completion shall not extinguish or With respect to professional services performed under
prejudice City's right to enforce this Contract with respect to any this Contract, Contractor shall defend, indemnify, and hold the
breach of Contractor warranty or any default or defect in City, its officers, agents and employees, harmless against all
Contractor performance (defect is defined herein as services that liability, loss, or expenses, including reasonable attorney's fees,
do not conform to the Standard of Care (Section 6) in the and against all claims, actions or judgments based upon or arising
performance of the Contract). out of damage or injury (including death) to persons or property ,
(9) Contractor has no present interest and shall not but only to the proportionate extent caused by any negligent act,
acquire any interest, direct or indirect, which would conflict in any error, or omission of an act sustained in connection with the
manner or degree with the performance of its Work, and that in the performance of this contract or by conditions created thereby, or
performance of this contract no person having any such interest based upon violation of any statute, ordinance or regulation.
shall be employed.
(10) Contractor has no interest and shall not acquire any RECORDS
interest, direct or indirect, which would conflict in any manner or Contractor shall have access to the books, documents,
degree with the performance of contractor’s services, and in the papers and records of the City as necessary for Contractor's
performance of this contract no person having any such interest performance of the work. The Contractor shall not disclose all or
shall be employed. any part of such records to any other person, firm, corporation,
B. Cumulative. The representations and covenants set forth in association or other entity except as reasonably necessary to carry
this section are in addition to, and not in lieu of, any other out the Work, without the consent of the Public Contracting
representations and covenants provided. Officer.
The Contractor agrees that the City and its authorized
OWNERSHIP OF WORK representatives shall have access to the books, documents, papers
All work products of the Contractor, including and records of the Contractor which are directly pertinent to the
background data, documentation and staff work that is specific contract for the purpose of making audit, examination,
preliminary to final reports, which result from this contract are the excerpts and transcripts.
exclusive property of the City. If this contract is terminated by Contractor shall maintain all fiscal records directly
either party or by default, the City following payment as required relating to this Contract in accordance with generally accepted
by the Contract, in addition to any other rights provided by this accounting principles. In addition, Contractor shall maintain any
contract, may require the Contractor to transfer and deliver such other records pertinent to this Contract in such a manner as to
partially completed reports or other documentation that the clearly document Contractor's performance. Contractor
Contractor has specifically developed or specifically acquired for acknowledges and agrees that City’s duly authorized
the performance of this contract. representatives shall have access to such fiscal records and other
The reports and all material contained in the reports books, documents, papers, plans and writings of Contractor that
(graphics, photos, etc.) shall become the property of the City; the are pertinent to this Contract to perform examinations and audits
City may reproduce and distribute the reports, or any part thereof, and make excerpts and transcripts. Contractor shall retain and
in such form as the City desires. keep accessible all such fiscal records, books, documents, papers,
plans, and writings for a minimum of three (3) years, or such
ELECTRONIC VERSION OF REPORTS longer period as may be required by applicable law, following final
Unless otherwise stated in the Scope of Work or payment and termination of this Contract, or until the conclusion
separately waived in writing, all final reports, including reports of of any audit, controversy or litigation arising out of or related to
phases of the project and of the entire project, shall be provided this Contract, whichever date is later.
in both written and electronic format. Electronic format shall be
in a format coordinated with the PCO and shall be fully compatible PUBLICATION RIGHTS/RIGHTS IN DATA
with such software programs specified by the PCO, .e.g. Microsoft To the extent the Work Product consists of material
Word, Microsoft Excel, Microsoft PowerPoint, Microsoft Access, capable of publication, all publication rights in the product
Microsoft Publisher, Adobe Creative Suite, Adobe PDF, or such produced by the Contractor in connection with the work provided
other software program as specified by the PCO. for under this contract, whether in preliminary draft or final form,
shall be vested in the City.
INDEMNITY AND HOLD HARMLESS The Contractor shall not publish any of the results of the
The Contractor shall defend, indemnify, and hold the work without the prior written permission of the City.
City, its officers, agents and employees, harmless against all All original written material and other documentation,
liability, loss, or expenses, including reasonable attorney's fees, including background data, documentation, and staff work that is
and against all claims, actions or judgments based upon or arising preliminary to final reports, originated and prepared for the City
out of damage or injury (including death) to persons or property, pursuant to this contract, shall become exclusively the property of
but only to the proportionate extent caused by or resulting from the City. The ideas, concepts, know-how or techniques relating to
any negligent or willful act, error, or omission (excepting data processing development during the course of this contract by
professional services performed under this Contract) of an act the Contractor or City personnel, or jointly by the Contractor and
sustained in connection with the performance of this contract or

Page 2 – City of Lake Oswego Standard Public Contract Provisions (3/13)
CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT
(3/13)

City personnel, can be used by either party in any way it may medical condition, or disability.
deem appropriate.
Material already in the Contractor's possession, WAIVER
independently developed by the Contractor outside the scope of The failure of the City to enforce any provision of this
this contract or rightfully obtained by the Contractor from third contract shall not constitute a waiver by the City of that or any
parties, shall belong to the Contractor. However, the Contractor other provision.
grants to the City a nonexclusive, irrevocable and royalty-free
license to use such material to the extent such material is INTEGRATION
incorporated into the Work. This contract represents the entire and integrated
This contract shall not preclude the Contractor from agreement between the Contractor and the City, and supersedes
developing materials that are competitive, irrespective of their all prior negotiations, representations or agreements, either
similarity to materials which might be delivered to the City written or oral.
pursuant to this contract. The Contractor will not, however, use
any written materials developed under this contract in developing
materials for others, except as provided in this section.

CONFIDENTIALITY
No reports, information and/or data given to or prepared
or assembled by the Contractor under this contract shall be made
available to any individual or organization by the Contractor without
the prior written approval of the City.

MEDIATION / VENUE
In the event a dispute shall arise between the parties to
this contract, and prior to the commencement of any suit or
action, the parties agree to participate in mediation in accordance
with the mediation procedures of the Oregon Mediation Service,
or such other procedures as the parties agree. The parties agree
to share equally in the costs of the mediator. The mediator shall
be selected by the parties, either upon mutual agreement within
15 days written notice by one party to the other requesting
mediation, or if the parties are not able to agree upon a mediator
within said period, the mediator shall be chosen by the City
Manager from the list of mediators maintained by the Oregon
Mediation Service (http://omediate.org).
Any action or suits involving any question arising under
this contract must be brought in Clackamas County Circuit Court.

SEVERABILITY
The parties agree that if any term or provision of this
contract is declared by a court of competent jurisdiction to be
illegal or in conflict with any law, the validity of the remaining
terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the
contract did not contain the particular term or provision held to
be invalid.

COMPLIANCE WITH LAWS
The provisions of this contract shall be construed in
accordance with the provisions of the laws of the State of Oregon
and ordinances of the City of Lake Oswego, Oregon.
The Contractor shall comply with all federal, state and
local laws and ordinances, applicable to public contracts relating
to Contractor’s obligations and performance, and to the work to
be done under this contract.
The Contractor shall comply with all applicable federal,
state, and local laws, rules, and regulations on nondiscrimination in
employment because of race, color, ancestry, national origin,
religion, sex, sexual orientation, gender identity, marital status, age,

Page 3 – City of Lake Oswego Standard Public Contract Provisions (3/13)
7678 SW Mohawk Street Tualatin OR. 97062
phone [phone] fax [phone]
[email protected]
www.convergint.com

City of Lake Oswego
380 A Avenue
Lake Oswego OR 97034

Fire Alarm & Life Safety
Customer Support Program
Date Submitted: April 8, 2015 By: Roger Hayworth

Dedicated professionals making a daily difference…
By saving lives…
By ensuring comfort…
By protecting people and assets…
By managing our customer’s and nation’s resources efficiently…

UNITED STATES • CANADA • ASIA PACIFIC
Customer Support Program (CSP) Outline

The following information is supplied as a summary of this service proposal. A
complete description of services and scope of work is detailed in subsequent pages.

Standard Service Offerings
A Convergint Customer Support Program includes a combination of services tailored to meet your
specific needs. Common features provided with all support programs include:
Price Advantage Priority Response Time
Service Documentation Trained and Qualified Resources
Multi-Year Program Commitment Telephone Support and Consultation

Test and Inspection Services
All Fire Alarm Customer Support Programs services include the following Test and Inspection
components designed to maintain compliance with manufacturer’s requirements, Authorities
Having Jurisdiction (AHJ) and current NFPA72 standards.
System Testing and Inspection Web-Based Inspection Reporting
Preventive Maintenance Battery Load Testing
Emergency Service and Repair Labor iCare Training

Service Start Date: April 1, 2015 Program Duration: 5 Years

Year 1 Year 2 Year 3 Year 4 Year 5
CSP Program Cost
$15,035 $15,035 $15,470 $15,935 $16,450

Overview and Introduction

Convergint Customer Support Program Goals

A properly planned Customer Support Program (CSP) will optimize the performance and integrity
of the Fire Alarm and Notification systems and extend the life of the systems without compromise
to occupant safety and AHJ compliance.

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The goals of this Customer Support Program are:

1. Perform comprehensive testing of the Fire Alarm & Life Safety system to ensure and
validate system integrity.
2. Identify and list system deficiencies or facility modifications at the time of test and
inspection that may impact equipment and system performance.
3. Retain the expertise and experience of NICET trained and/or factory certified technicians for
the ongoing service of the Fire Alarm system.
4. Provide testing and service documentation to demonstrate compliance with AHJ
requirements.
5. Avoid false alarms, tenant interruption and business downtime.

Standard Service Offerings

Convergint’s Customer Support Program includes a combination of services tailored to meet your
specific needs. However, there are number of common features provided with all Convergint
Customer Support Programs including:

Multi-Year Program Commitment - Convergint is committed to establishing long-term
agreements at mutually agreed pricing and escalation levels. When a customer agrees to purchase a
multi-year support program from Convergint (3 years and above), the second year will
automatically be secured at first year prices with no escalation.

Price Advantage - Predictable costs by means of pre-established labor rates and material costs in
accordance with Convergint’s published rates and associated discounts.

Priority Response Time - As a Convergint CSP customer, you will be given priority for
emergency service calls. Specific response times are identified under the Customer Support
Program Implementation section of this proposal.

Qualified Resources - A professional team of NICET certified and/or factory trained and qualified
personnel deliver services performed by Convergint. Field technical personnel are also equipped
with the proper tools and information necessary to perform their job.

Service Documentation - Each and every system testing and service call will be documented
utilizing an inspection report and/or work order completed by our assigned Customer Support
Specialist. The Specialist’s job will not be complete until his/her testing and or service call is
formally documented and presented to a designated customer representative.

Telephone Support and Consultation - Telephone diagnostic support is available for all CSP Fire
Alarm Customers. Our on-call technicians will provide diagnostic / troubleshooting support to help
reduce your costs by trying to resolve issues prior to our arrival.

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Test and Inspection Services

System Testing and Inspection

Annual testing of all devices and control functions will be performed in
accordance with current and accepted NFPA72 standards (when applicable),
manufacturer’s recommendations, as appropriate for the ambient operating
environment and sequence of operation (if available). Notification appliance
audibility testing will be coordinated with building personnel to mitigate
occupant disruption. All material shall be defined in the List of Covered
Equipment in the Appendix of this proposal.

Visual inspection service will be provided while on-site for system testing.
Inspection of the installed system is intended to identify changes or
modifications to the facility or operating environment (construction, ambient
conditions, etc.) that could adversely affect equipment performance. Actual
operating performance will be provided under system testing.

Convergint recognizes and recommends the test and inspection frequencies identified in NFPA72
for fire alarm equipment. In all instances, our goal is to achieve compliance with authorities having
jurisdiction and our customer’s demands and requirements. Parameters for this proposal are
provided in the System Testing Schedule and List of Covered Equipment.

Preventive Maintenance

Preventive Maintenance will be performed and scheduled by Convergint to
coincide with normal Test and Inspection visits. Preventive Maintenance will
be performed in accordance with manufacturer’s recommendations and will
depend upon the type of equipment and local ambient operating conditions.
Preventive Maintenance will address the areas that can adversely affect
device and appliance performance by means of cleaning and/or recalibration.

Battery Load Testing

NFPA72 includes guidelines for testing batteries as well as a requirement that
sealed lead-acid batteries be replaced at specified intervals (According to
specific equipment manufacturer requirements). This is due to the nature of
these types of batteries that, over a long period of time, they lose their ability
to provide standby power required by the system in the event of primary
power failure. The only way to be assured batteries will work, when required
is through proper load testing. Replacement battery costs are not included.
Page 4 of 10
Web-Based Inspection Reporting

Convergint’s web-based reporting starts with the application of unique,
registered barcodes to initiating devices, control equipment, batteries and
other system devices. As the devices are tested, they are scanned and critical
information for the devices is documented. In addition, scanning the barcode
automatically records the date and time of inspection.

Within 24 hours following the inspection, an on-line database and report of
the system test is available for viewing, downloading, printing or e-mailing.
This information can be retrieved from anywhere via a standard internet
browser. Color coded status flags provide an immediate summary of the
building test status; normal, discrepancies found or devices failed.
Proposed solutions to resolve discrepancies or failed devices are always included.

Convergint’s web-based reporting system offers the only verified and authenticated test and
inspection in the fire protection industry. This gives building owners and managers the confidence
and knowledge that their fire alarm systems are being tested and inspected according to code or
specific regulatory requirements and in a timely manner.

iCare Training

Convergint Technologies offers a very unique Service Management and
Information Resource. Taking our relationship with customers very
seriously, we have developed the iCare® Customer Portal. Users are able to
generate electronic service work orders and possess a metric for measurement
of Convergint’s performance in real time.

This platform enables Convergint’s service customers to simplify the complexity of maintaining
and servicing facility systems. At any time (and in real time) a customer can review the status of all
open/closed work orders. Real time status and metric reporting provide the customer with the
information needed to meet reporting requirements and measure Convergint’s performance. Data
and information is protected through secured access and permissions, while data transmission is
protected through 128 bit encrypted SSL certificate. The iCare® Portal is another tool in
Convergint’s quest to be your best service provider and trusted business partner.

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