21-R-46 - revision to the DAC, Inc agreementRESOLUTION NO. 21 -R -46
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A REVISION TO THE
AGREEMENT WITH DAC, INC OF NEW BRAUNFELS TEXAS, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into a revised agreement with DAC, Inc. of New Braunfels, Texas relating to Access
Control Upgrade Project as approved in Council Resolution 20 — R — 78, increasing the "Not To
Exceed" amount from $175,000 to $178,000; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
revise the existing contract with DAC, Inc. of New Braunfels, Texas pursuant to the Council
Resolution 20 — R -78 approved on August P, 2020, increasing the "riot To Exceed" amount
from $175,000 to $178,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
The City Council hereby authorizes the City Manager to revise the agreement with DAC,
Inc. of New Braunfels, Texas as approved in Council Resolution 20 — R — 78, increasing the
"Not To Exceed" amount from $175,000 to $178,000.
Section 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 3. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 4. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 5. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 6. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, tb��day of , 2021.
CITY OF SCHERTZ, TEXAS
h utie z, Mayor
ATTEST:
- 1
Brenda Dennis, City Secretary
50234811.1
EXHIBIT A
AGREEMENT
50234811.1 A -1
city of
Schertz
City of Schertz
PD Weight room Door
4 -6 -2021
•
City of Schertz
Dear Mr. Clauser,
I am pleased to present DAC's proposal for the City of Schertz. After having the opportunity to walk and
review the existing site and having continued conversation with your responsive staff we would like to
offer you this quote for our services. Our entire team is enthusiastic about the prospect of serving as your
integrated solutions provider. We look forward to enhancing our relationship through participation in this
project. We are committed to integrity and quality, and we are proud of our record and reputation.
Selecting the right team to help you recognize and address your business challenges is vital to creating
value and delivering a project on time, on budget and to the high standards of quality you expect. I
personally select our team leaders to ensure they have the experience and personal attributes needed to
serve you with distinction and dedication throughout the course of your program.
A smooth project is, of course, of great importance to you and DAC. We have a wealth of experience in
providing innovative solutions and look forward to delivering them to the City of Schertz. Our team has
the requisite experience to manage any program efficiently and to deliver solutions that meet the highest
levels of sustainability and feasibility.
You strive for quality and reliability for the City of Schertz and providing those attributes is critical to your
continued success. DAC is the firm chosen by project teams when quality and reputation are of the utmost
importance. We anticipate teaming with you to meet the needs of this program and look forward to
meeting soon as part of the contract team.
Thank you for your consideration. We are committed to exceeding your expectations.
Respectfully,
Roy Charbonneau
Manager Central Texas
DAC, Inc.
City of Schertz 12
Quote
ASSUMPTIONS
We are pleased to provide the City of Schertz DAC's quote for the above referenced Access control
installation. This proposal is based on installing new door hardware, power supplies and panel enclosures.
This proposal includes all material and labor necessary for the installation of Open Options access control on
the weight room door.
Building 06 Police — PD Weight Room Rear Entrance
• 1 Doors of Access Control
• 1 Electric Strikes
• 1 HID RP40 card readers
• Misc. power supplies and materials necessary for the installation.
• Sales tax is not included.
City of Schertz 13
PRICING SUMMARY
Project Cost
DAC is please to provide all material and labor to installation of access control on the PD weight
room door.
TOTAL INVESTMENT $ 2,671.65
CITY OF SCHERTZ - PD WEIGHT ROOM
'Device
ACCESS CONTROL
Manufacturer
Part Number
m
Cr
M
IV
CL
v
u
a
M
r°
Subcontroller
Open Options
RSC -1AP
1
$345.65
$345.65
Card Reader
HID
P240, 920PHRNEK00006
1
$274.33
$274.33
Electrified Strike
Hess
-,000C
1
$271.25
$271.25
Recessed Door Contact
Sentrol
1078C
1
$10.08
$10.08
Rex Motion
Bosch
DS150i
1
$82.13
$82.13
Misc. Material
Misc. Material,Conduit, Fittings, Etc...
1
$155.00
$155.00
Wire
CAT6E
0.5
$383.36
$191.68
Wire
Composite (Southwire #H916021A)
0.25
$964.10
$241.03
Material Totals
Labor Totals
$1,571.15
_
$1,100.50
Building Total
_
$2,671.65
Roy Charbonneau
Manager Central Texas
DAC, Inc.
Cell: 281 507 -7014
Email: rcharbonneau&clac- inc.com
City of Schertz 14
PROJECT TEAM
W [WIT WAD [all 1, 10101
DAC employs approximately 120 people in the State of Texas, of which more than 85% are dedicated to
engineering, project management, technology and installation. We are prepared to execute the City of
Schertz access control upgrade project and have resources ready to allocate to this project immediately.
DAC understands the complexity of your project and the rigors of maintaining a functional Access Control
System during transition to a new platform. Our team members represent an efficient model of delivering
a project under these requirements. We've been diligent in allocating resource loads across all phases of
construction and technology migration to ensure the project is well designed, executed with precision,
fully commissioned and turned over to the City of Schertz for a long -term operation.
INSTALLATION
To maintain an agreed installation schedule, DAC will structure our installation team(s) to work in tandem
in various areas of the project if required. Our team(s) will be responsible for specific areas of the project
with a Project Foremen assigned to the responsibilities of completing the work efficiently. Using our own
installation forces allows DAC to better control the project schedule, effectively load manpower when
necessary, coordinate with onsite trades, and control cost and quality.
Project Team:
Operations Manager- ROY CHARBONNEAU I Security Operations Manager
DAC, Inc. 1 2090 North IH 35 Suite 5115 1 New Braunfels,
TX 78130
o 210.988.60126 1 m 281 507 -7014 1 rcharbonneau dac-
inc.com
Senior Project Manager: TERRY E. VANN I Senior Project Manager - Central Texas
Branch
DAC, Inc. 12090 North IH 35 Suite 5115 1 New Braunfels,
TX 78130
o 210.988.6012 1 m 210.380.0436 1 tvann ^dac-inc.com
System Specialist: David Lewis I System Specialist Central Texas Branch
DAC, Inc. 12090 North IH 35 Suite 5115 1 New Braunfels,
TX 78130
o 210.988.6012 1 m 210.847 -4230 1 dlewis dac- inc.com
City of Schertz 15
SIGNATURE PAGE
PROPOSAL ACCEPTANCE
This proposal is hereby accepted and DAC, Inc. is authorized to proceed with the scope of work described
herein. This document serves as a notice to proceed. DAC payment terms are Net 30 days.
City of Schertz DAC, Inc.
Signature Signature
Name Name
Title Title
Date Date
City of Schertz 16
TERMS +CONDITIONS
LIMITED WARRANTY; EXCLUSIONS + DISCLAIMERS
1. To the extent not otherwise warranted pursuant to an applicable manufacturer's warranty, DAC, Inc. warrants all Equipment and
installation labor rendered as part of the Work against defects in materials and labor for a period of twelve (12) months (the
'Warranty Period') from the date of substantial completion of the installation; provided, however, no warranty is made as to, and
there is specifically excluded from the warranty, any and all expendable supplies, equipment and parts, or any portions of the Work
which have been misused, abused, not used in the manner intended, neglected, or damaged by an act of God or altered, modified,
or manipulated in any manner by Customer or a third party. Any defect in the installation during the Warranty Period will be
repaired or replaced at the option of DAC, Inc. Any shipping charges in connection with a repair or replacement shall be the
responsibility of Customer. The repair or replacement shall constitute Customer's sole remedy against DAC, Inc.
2. DAC, Inc. MAKES NO OTHER OR FURTHER WARRANTY WITH RESPECT TO INSTALLATION LABOR, MATERIALS AND EQUIPMENT OR
ANY OTHER PORTION OF THE WORK OTHER THAN THE FOREGOING WARRANTY AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
3. IN NO EVENT SHALL DAC, Inc. BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, LOSTSALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER CAUSE
AS A RESULT OF A DEFECT IN LABOR, EQUIPMENT OR OTHER SUPPLIES OR MATERIALS WITH RESPECT TO ANY ITEM FURNISHED
UNDER THE AGREEMENT, MALFUNCTION OR NONFUNCTION OF ANY SYSTEM, WRONGFUL PERFORMANCE OF OR FAILURE TO
PERFORM ANY ACTS INCLUDED IN THE WORK, TRANSPORTATION DELAYS OR BREACH OF WARRANTY.
4. Customer acknowledges that no warranty, representation, or statement by any representative of DAC, Inc. not stated herein shall
be binding. This writing, and the document or documents attached hereto or of which this writing is a part, if any, constitutes the
final expression of the parties' agreement and is a complete and exclusive statement of the terms of the Agreement.
LIMITATION OF LIABILITY
The parties understand and agree that: (a) the Work is intended to constitute or be part of a security system designed to reduce
risk of loss for the Customer; (b) Customer has selected, accepted and approved the Scope of Work after considering and balancing
the levels of protection afforded by various types of systems and services available to it and the related costs of them; (c) neither
DAC, Inc. nor any person engaged by DAC, Inc. to perform any portion of the Work shall be construed to be an insurer of the person
or property of Customer, its employees, agents, contractors, assigns, customers, invitees or any other person at the location(s)
where the work is performed (the "Location(s) "; (d) the Price and Payment Terms are based solely on the cost and value of DAC,
Inc. providing the Work and are unrelated to the value of property of Customer or others located at the Location(s); (e) the Price
and Payment Terms do not contemplate any payment being made or consideration being given to DAC, Inc. for any guarantee,
warranty or insuring agreement by any one or more of them to Customer with respect to the person or property of anyone; (f)
DAC, Inc. MAKES NO GUARANTEE OR WARRANTY OF ANY KIND THAT THE WORK (INCLUDING ANY MATERIALS AND EQUIPMENT
SUPPLIED AS PART OF THE WORK) WILL AVERT OR PREVENT OCCURRENCES OR CONSEQUENCES THEREFROM WHICH THE WORK
IS DESIGNED TO DETECTOR AVERT.
Notwithstanding the foregoing provisions of this Section or forwhatever reason, DAC, Inc. should be found liable for personal injury
or property loss or damage caused by a failure to perform by DAC, Inc. or the failure of any materials or equipment in any respect
whatsoever or a court of proper jurisdiction determines the limitations on warranties are inapplicable, Customer agrees that the
aggregate liability of DAC, Inc. under or with respect to the Agreement, the Work to be performed under, and any warranty provided
pursuant to, the Agreement, shall be limited to a sum equal to the lesser of (i) one -tenth (1/10) of the total Price to be paid by
Customer under the Agreement, (ii) if the Price is to be paid in monthly payments or installments (other than progress payments),
an amount equal to six (6) monthly payments, or (iii) Five Hundred Dollars ($500.00), and this liability shall be exclusive, and that
the provisions of this subsection shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons
or property, from performance or nonperformance of the Work, from breach of warranty, or from negligence, active or otherwise
of DAC, Inc..
City of Schertz 17
INDEMNIFICATION
7. When Customer ordinarily has the property of others in its custody, or the Work extends to the protection of the person or property
of others, Customer shall indemnify, save, defend and hold harmless DAC, Inc.from and against all claims brought by parties other
than the parties to the Agreement. This provision shall apply to all claims regardless of cause, including the performance or failure
to perform by DAC, Inc., and including without limitation, defects in products or system design, installation, repair service,
monitoring, operation or non - operation of materials or equipment, whether based upon negligence, active or passive, express or
implied contract or warranty, contribution or indemnification or strict or product liability; provided, however, Customer shall have
no duty to indemnify in the case of gross negligence or willful misconduct by DAC, Inc., its employees, agents or assigns. Customer
agrees to indemnify DAC, Inc. against, and to defend and hold DAC, Inc. harmless from any action for subrogation which may be
brought against DAC, Inc. by any insurer or insurance company or its agents or assigns including the payment of all damages,
expenses, costs and reasonable attorney's fees. Design Development, Programming, Drawings, Ownership, and Software License(s)
8. Design Development. Customer and DAC, Inc. have together developed or will develop the design and specifications for the Work.
When Customer has accepted or approved the design and specifications, the sole and final responsibility for the design and
specifications shall be Customer's. DAC, Inc. shall have no liability to Customer for any loss or damage claimed against or incurred
by Customer or any employee, agent or licensee of Customer because of any defect or alleged defect in the design or specifications
or the failure of the equipment or the Work to perform as desired or anticipated by Customer.
9. Programming. Security system programming is an essential element of the systems operation and performance. Customer
acknowledges and agrees that security system programming is an ever - changing process, and in significant part subject to
Customer's day -to -day and other business operations and parameters and the changes or modifications to them. To the extent
required by the design and specifications of the Work, DAC, Inc. shall: (i) Load a configuration program that will allow Customer's
security system to perform basic access control operation, door timers, lock timers, and basic alarm functions; and (ii) Provide a
total number of hours of personnel training regarding Customer's security system as specified in the Agreement; if a number of
hours is not specified, the total number of hours of training shall not exceed fifteen (15). Personnel training may include training of
operators, administrators, or other personnel designated by Customer. Training subjects shall be dictated by Work specifications
but may include password configuration, door identification, timers, alarms and reports. Additional training, programming or
related consulting services provided by DAC, Inc. at Customer's request shall be provided at an above contract cost.
10. Drawings:
a. To the extent required by the design and specifications of the Work, DAC, Inc. shall provide reasonable descriptions of
the functional operation of the system(s) being provided by the Work by furnishing riser diagram drawings.
b. DAC, Inc. may provide, at Customer's request and at an above contract cost, detail drawings utilizing industry standard
electronic floor plans.
11. Ownership. Prior to completion of the Work, any drawings, specifications and equipment lists developed in connection with the
design for the Work shall remain the property of DAC, Inc. whether the Work for which they were made is executed or not.
Drawings, specifications and equipment lists shall be returned to DAC, Inc. on demand at any time prior to substantial completion
of the Work. Prior to substantial completion of the Work, any drawings, specifications and equipment lists: (a) shall be considered
confidential information and trade secrets of DAC, Inc. unless they constitute information which is exempted or excluded by law
from confidential and trade secret status; (b) shall not be used by Customer on other projects or extensions of a project included
within the Work, or to obtain other bids, except by agreement in writing and with appropriate compensation to DAC, Inc. ; and (c)
are not to be reproduced in whole or in part without prior written consent of DAC, Inc.. Upon substantial completion of the Work
and final payment in full by Customer, ownership of drawings, specifications and equipment lists shall become Customer's.
12. Software License(s). Software required to operate systems are governed by the License Agreement provided by the system
manufacturer(s).
INSTALLATION
13. All required installation documents are included.
14. Installation of all required equipment and materials with on -site supervision of project is included.
15. Labor quoted assumes normal eight (8) hour working days, excluding weekends, holidays and overtime.
16. Idle time incurred by DAC, Inc. employees and their subcontractors due to escorts, clearances, inability to enter workspace, and
other factors beyond our control, will be invoiced at our current labor rates.
17. This proposal includes travel to and from the site to perform our stated scope of work. Additional or duplicate site visits required
due to factors beyond our control, will be invoiced at our current labor rates.
18. Client to coordinate with local DAC, Inc. staff to provide safe and timely right -of- passage in the work area during cable run and
system installation.
19. Client to provide and coordinate 110 VAC electrical service where needed.
20. All LAN /WAN connections, addressing and network functionality are the responsibility of the Client.
21. Any telephone lines or LAN /WAN connections must be installed and operational prior to DAC, Inc. commencing work. The local
DAC, Inc. representative will verify the availability and functionality of all connections prior to starting work.
City of Schertz 18
CHANGES IN SCOPE OF WORK
22. Any changes in the understood scope of work will be communicated and approved in writing (by an authorized Client
representative), prior to commencing work.
PERMITS /BONDING /SEALED ENGINEERED DRAWINGS
23. Permits, bonds, and other requirements by any government agency are not included.
MISCELLANEOUS
24. The bold headings and numbered paragraphs are for convenience only, have no legal significance, and shall not be deemed to alter
or effect any provision of this Agreement.
25. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing
hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government
restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and /or any other
cause beyond the reasonable control of the party whose performance is affected.
26. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of
money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's
reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors,
and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the
claim of non - liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the
occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period
of time equal to the time lost due to any delay so caused.
27. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement,
but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless
the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions
contemplated herein to be unreasonable.
City of Schertz 19