PREPARED BY: Gene Alameda DATE OF MEETING: 03/20/17
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH ODIN SYSTEMS FOR A NOT-TO-EXCEED AMOUNT OF $84,812 FOR THE RELOCATION OF ALL CITY-WIDE SURVEILLANCE EQUIPMENT FROM DOCTOR’S MEDICAL CENTER (DMC); AND APPROPRIATING $84,812 FROM THE GENERAL FUND DESIGNATED RESERVE/CITYWIDE ANNEXATION, ECONOMIC DEVELOPMENT, TELECOM & TOD PROJECTS TO THE POLICE DEPARTMENT SPECIAL DEPARTMENT EXPENSES BUDGET (100-2110-44000-DMC-ANT) TO FUND THE PROJECT
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
FY 2015-2017 Council Priority Workplan
City-wide Security Surveillance System is an adopted policy item under the FY 2015-17 City Council Priority Workplan, effective October 1, 2016.
CEQA Compliance Statement
The project is categorically exempt under the California Environmental Quality Act. Section 15303 of the CEQA Regulations, New Construction or Conversion of Small Structures, provides: Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
BACKGROUND
In May 2011, the Police Department requested implementation of a City-wide security surveillance system by proposing a multi-phase approach to develop and install video surveillance in the most crime-ridden areas of the City to augment existing police services to discourage crime and promote safety. This request was approved in Resolution 2011-058.
A significant amount of communications equipment used to transmit video from several of the camera locations to the servers was placed at Doctor’s Medical Center. With the closing of the hospital, pending sale of the building/property and proposed demolition of the site, it is imperative the City act quickly to remove the City-wide surveillance assets and relocate them to new locations. Both of these locations, with some modifications, are able to accommodate the equipment. Additional communications equipment will be needed to reroute the signals to these two locations.
The City of San Pablo Council Resolution 2011-058 exempted the surveillance system from the bid policy under section 3.16.110 of the Municipal Code, as it required a combination of specialized services combined with equipment, products and training; was for professional and specialized services; and because only one sole source could provide the unique package needed by the City. The City Council declared Odin Systems as the sole source for this project.
Public Bidding Requirements
Under Section 3.16.110 of the San Pablo Municipal Code, this relocation contract is also exempt from City bidding requirements because: (1) the contract is with a consultant with specialized and professional services; (2) specialized services combined with equipment and products, in which the City acquires and installs equipment but must also retain specialized services for consulting on use, training, installing, maintaining and servicing the products - and in this situation, relocating part of the system; and (3) sole source contracts.
In addition, the underlying contract was not subject to competitive bidding because the nature of the subject matter of the contract is such that competitive proposals would be unavailable or would not produce an advantage, and advertisement for competitive bid would thus be undesirable, impractical, or impossible. As set forth above, because of the unique factual circumstances herein, competitive bidding requirements provided for by statute maybe dispensed with if the public interest is better served by doing so, as where competitive bidding would not produce an advantage. (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631; Los Angeles Dredging Co. v. Long Beach (1930) 210 Cal.348.) The exception may be invoked where the product or service contracted for is of unique value and may not be obtained elsewhere (Hodgeman v. City of San Diego (1942) 53 Cal.App.2d 610,618).
The courts have held that the competitive bidding statutes must be strictly construed and must not be extended beyond their reasonable purpose. They are not to be applied in a way which denies public agencies the authority to deal with problems 'in a sensible, practical way.' (Damar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161, 173.)
The purposes of provisions requiring competitive bidding in letting public contracts are to guard against favoritism, improvidence, extravagance, fraud and corruption; to prevent waste of public funds; and to obtain the best economic result for the public. (West's Ann. Health & Safety Code, § 33422). As set forth above and like the original contract with Odin Systems, these ends are best obtained in this case by a sole source procurement process, given the specialized services and related equipment and because Odin is familiar with the system and can best relocate the system without affecting the operations of the other cameras.
FISCAL IMPACT
Approving this resolution would allow the City Manager to negotiate and execute a contract with Odin Systems for the relocation of the communications equipment currently located on top of the former Doctor’s Medical Center site. Odin has provided a cost estimate of $73,750 for the work. The addition of a 15% contingency of $11,602 would increase the total authorized expenditure to $84,812.
Funding for this contract in the amount of $84,812 is available from the General Fund Designated Reserves/Citywide Annexation, Economic Development, Telecom & TOD Projects to the Public Departmental Special Department Expense Budget and will be appropriated to the Special Department Expense budget to fund the DMC Antenna Relocation Project (100-2110-44000-DMC-ANT).