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HomeMy WebLinkAbout05 - Approve Purchase Agreement for an In -Car Video System - Amended PagesATTACHMENT A May 9, 2017 Agenda Itern No. 5 SERVICES AGREEMENT WITH ENFORCEMENT VIDEO, LLC FOR MOBILE VIDEO SYSTEM REPLACEMENT THIS SERVICES AGREEMENT ("Agreement") is made and entered into as of this 9th day of May, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ENFORCEMENT VIDEO, LLC, a Texas limited liability company ("Contractor"), whose address is 415 Century Parkway, Allen, Texas 75013, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to provide, replace and configure hardware and software for video systems on Newport Beach Police Department ("NBPD") cruisers, motorcycles, and onsite in NBPD Detective Interview Rooms, for the recording of video and audio evidence, as well as provide warranty and software maintenance and Cloud -share capabilities (IL Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement, NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on July 20, 2022, unless terminated earlier as set forth herein. Replacement of hardware into NBPD cruisers, motorcycles, and onsite in NBPD Detective Interview Rooms, and configuration of hardware and software to be completed by July 21, 2017, at which time the warranty and maintenance provisions will begin for a period of five (5) years. 2. SERVICES TO BE PERFORMED Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion, 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Support Services Lieutenant Police Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Kevin Peoples, Project Manager Enforcement Video, LLC dba WatchGuard Video 415 Century Parkway Allen, TX 75913 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's Enforcement Video, LLC Page 8 EXHIBIT A SCOPE OF SERVICES Consultant to provide, replace and configure hardware and software for in - car video systems in all Newport Beach Police Department ("NBPD") cruisers for the recording of video and audio evidence, as well as provide warranty and software maintenance and Cloud -share capabilities, as further outlined in Exhibit "B" attached hereto-, Consultant to provide, replace and configure hardware and software for video systems on all NBPD motorcycles for the recording of video and audio evidence, as well as provide warranty and software maintenance and Cloud -share capabilities, as further outlined in Exhibit "B" attached hereto; and Consultant to provide, replace and configure hardware and software for video systems onsite in NBPD Detective Interview Rooms for the recording of video and audio evidence, as well as provide warranty and software maintenance and Cloud -share capabilities, as further outlined in Exhibit "B" attached hereto. Enforcement Video, LLC Page A-1