HomeMy WebLinkAboutCapture Technologies Inc; 2014-12-19;AGREEMENT FOR POLICE CALL RECORDING SYSTEM
CAPTURE TECHNOLOGIES, INC.
THIS AGREEMENT is made and entered into as ofthe day of
r)e.c:<^rv\hcv • 20/^. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Capture Technologies Inc. a California Corporation, ("Contractor").
RECITALS
A. City requires the professional services of a Contractor that is experienced in
installation and maintenance of police call recording systems.
B. Contractor has the necessary experience in providing professional services and
advice related to police call recording systems.
C. City purchased the Verint Audiolog Police Call Recording System in 2010 from
Capture Technologies.
D. City now needs to upgrade the operating system of the Verint Audiolog Call
Recorder System due to the retirement of Windows server 2003.
E. City requires maintenance sevices on the new upgraded Verint Audiolog Call
Recorder System.
F. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") and equipment that are defined in attached Exhibit "A" and Exhibit "B", which are
incorporated by this reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional one (1)
year periods. Extensions will be based upon a satisfactory review of Contractor's performance,
City needs, and appropriation of funds by the City Council. The parties will prepare a written
amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
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The total fee payable for ail Services and Equipment provided under this Agreement shall not
exceed twenty three thousand nine hundred and five dollars and seventy eight cents
($23,905.78). The total fee payable forthe Services to be performed and the equipment provided
during the upgrade of the police call recording system as defined in Exhibit A shall not exceed
eight thousand one hundred and forty three dollars and twenty eight cents ($8,143.28). The total
fee payable for the Services to be performed for the maintenance of the police call recording
system as defined in Exhibit B shall not exceed fifteen thousand seven hundred and sixty two
dollars and fifty cents ($15,762.50). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A" and
Exhibit "B".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
Prior to being allowed to perform any work on this project, all non-city personnel assigned to the
project who have not already been through a Carlsbad Police background, must submit to and
pass a background check conducted by the Carlsbad Police Department. In addition, if, at any
time, the City determines an individual is not able to effectively perform the services required by
this Agreement, the City will notify and discuss the matter with the Contractor in an attempt to
reach a mutual resolution. However, at the City's request, the Contractor will immediately
remove the individual fi-om the project and replace the person with another qualified person who
has been or will complete the Carlsbad Police background. Further, in the event that a non-City
person assigned to this Project by Contractor is arrested for any reason. Contractor shall
immediately notify the City of this event and City reserves the right to have Contractor remove
said person from this Project
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behatf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election. City may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Sen/ices without prior written approval of City.
If Contractor subcontracts any of the Sen/ices, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and ofthe persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
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relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City resen/es the right to employ other Contractors in connection with the Sen/ices.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys'
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination ofthis Agreement
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the sen/ices by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with a surplus
line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating
in the latest Besfs Key Rating Guide of at least "A:X".
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits ofthe
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate.
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's
work for City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
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10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion ofthe work.
I I If box is checked. Professional Liabiity
City's Initials Contractor's Initials Insurance requirement is waived.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions ofthis Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in orderto maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended fi-om time-to-time.
12. WARRANTIES
12.1 Warrantv Period. The warranty period on all Contractor installed computer software and
hardware is for one year following the date the City accepts the system as complete and
authorizes final payment to Contractor.
12.2 Svstem Warrantv. Contractor warrants that the upgraded Police Call Recorder System
will meet the requirements as defined in this Agreement the proposal submitted by Contractor
and the final documentation for the Police Call Recorder system. Contractor warrants that for
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the warranty period and for as long as there is an agreement in effect between the parties, the
Police Call Recorder system will be free from defects in material and workmanship and remain in
good working order.
12.3 Eguipment Warrantv. Contractor warrants that at the time of delivery, all installed equipment
listed in Section 1 of Exhibit A and any other piece of equipment or computer hardware or general
component hardware installed as part ofthe Police Call Recorder System will be new and unused,
will be free from defects in materials and workmanship and will remain in good working order
during the Warranty period.
12.4 Software Warranty. Contractor agrees that during the warranty period and as long as there
is a maintenance agreement between the parties. Contractor will provide the City with any
updates to the application software and any related documentation at no additional charge.
12.5 Work Qualitv Warranty. Contractor warrants that all work performed by Contractor under
this agreement will confirm to best industry practices and will be performed in a professional and
workmanlike manner by staff with the necessary skills, experience and knowledge to do so.
12.6 Warranty of Title and Non-infringement. Contractor warrants that is has good title to all
Contractor application software("Software") provided under this Agreement and the right to
license its use to the City free of any proprietary rights of any other party or any other
encumbrance whatsoever. Contractor shall indemnify, hold harmless, and defend the City from
any liability for damage, costs, or other loss incurred bythe City in connection with any claim that
the Software or the City's use thereof under this agreement violates the trade secret, trademark,
copyright, patent, or other proprietary right of any other party; provided, however, that City has
given Contractor prompt written notice of any such claim and Contractor shall not admit liability
on behalf of the City. Should the Software become the subject of a claim of infringement of a
trade secret, trademark, copyright or patent, the City may, at is option and expense either (1)
procure for the City the right to continue to use the Software as contemplated in this agreement,
or (2) replace or modify the Software and/or modify its use to make its use under this agreement
non-infringing. Contractor agrees that the City's remedy here under shall not be limited to this
corrective action.
12.7 Sen/ice Warranty. Contractor warrants that it will remedy any failure, malfunction, defect or
nonconfomnity in the Police Call Recorder system as specified in Exhibit B, Scope of Services -
Maintenance.
12.8 The provisions of the foregoing warranties are in lieu of any other warranty, whether express
or implied, written or oral (including any warranty of merchantability or fitness for a particular
purpose). The foregoing warranties extend to the City only and shall not be applicable to any
other person or entity.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement
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15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the sen/ices will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
17. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
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For Citv:
Name Maria Callander
Title Public Safety Technology Manager
Department Police Department
City of Carlsbad
Address 2560 Orion Wav
Carlsbad. CA 92010
Phone No. 760-931-2176
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For Contractor:
Name Chris Williams
Title Capture Technologies. Inc.
Address 3575 Alameda Ave
Oakland. CA 94601
Phone No. 800-544-5050 x 179 Each party will notify the other immediately of any
changes of address that would require any notice or delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Sen/ices by Contractor. Contractor will at ali times obsen/e and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's sen/ices
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose sen/ices are
required bythis Agreement.
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment
21. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not othenwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be fonwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
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22. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may tenninate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and ofthe percentage ofwork
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment ofthe Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
23. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seg..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
25. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
26. SUCCESSORS AND ASSIGNS
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It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
27. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
28. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
^'''Q.fi 3>AA
I (sign here)
John H Babin / President
(print name/title)
>ign/iere)
3hnily Sitchon / Treasurer
CITY OF CARLSBAD, a municipal
corporation of the State of California
City Manager or Mayor or Division Director
as authorized by the City Manager
Gary Morrison
ATTEST:
BARBARA ENGLESON
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
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APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
^kS^slbnt City Attorney
City Attomey Approved Version #05.06.08
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EXHIBIT "A"
SCOPE OF SERVICES - INSTALLATION
Section 1: Equipment and Services List
Contractor will provide all necessary equipment and sen/ices for the upgrade of the Verint police
call recording system, including but not limited to all equipment listed below.
Vendor will ship the equipment to the City. City will receive equipment according to the vendor
instructions. Receipt of equipment does not constitute acceptance for purposes of this
Agreement. All travel expenses are included in cost of sen/ices under exhibit A.
Description Part ID Cost
Hardware/Software
4u RACK MOUNT-WIN2008 R2-lncludes embedded
intel@E6500 (Dual Core; 2m Cache, 2.93 GHz, 1066MHz
FSB)-Standard: 3 x Hot-Swap 500 GB 7200 RPM ES SATA
(RAIDS, 1TB total storage) -4GB RAM-WIN2008-lntegrated
on -board Dual Intel PCI-e Gigabite LAN-Redundant Hot-
Swap SOOW (1+1) Redundant AC-DC high efficiency PS with
PFC 100 - 240v, 50-60HZ, 10-4 Ampere C89-170-3601 $5341.00
Existing VERINT Audiolog Recording Server C89-170-3002
Trade in
Hardware
(minus call
database)
8 channel digital station tap base card with 8 channel
licenses C89-170-0013
Transfer to
new server
-No Charge
8 channel analog card with 8 channel licenses C89-170-0010
Transfer to
new server
- No Charge
24 channel analog card with 24 channel licenses C89-170-0012
Transfer to
new server
-No Charge
32 input card for detection of dry contact closure card and
cables C89-170-0071
Transfer to
new server
-No Charge
Audiolog/Verint Screen Recording-Server Module (up to 10
seat positions) C89-170-0192
Transfer to
new server
- No Charge
Audiolog LICENSING DONGLE-Compliance Software
Complete Playback, NAS, ANI/ALI, Bundle Licensing-PSAP
Package
Site Licensing for Audiolog Remote Playback Client (ALRC)++ C89-170-3085
Transfer to
New Server-
No Charge
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*Site License for Audiolog Remote Monitoring Client
Loaner call recorder equipment for 911 trunks only No Charge
Subtotal - Equipment and Licensing $5341.00
Services
System Installation $2250.00
Subtotal - Services $2250.00
Subtotal - Equipment, Licensing and Services $7591.00
Shipping $125.00
Taxes @ 8% $427.28
Total - Equipment, Licensing and Services $8,143.28
Contractor
TIN# 94-26-60822
GSA# GS-35F-0661T
CMAS# 3-08-70-1799C
Section 2: City Software/Hardware installation requirements
The upgraded police call recording system will provbe at a minimum 365 days of storage. Data
over 365 days will be archived on the Safety Center Compellent SAN.
The provided sen/er will be joined to the Carlsbad domain and undergo security review befbre
and after installation of application. It is expected that all police call recording system
components will function correctly with all current patches and standard security protocols such
as Antivirus, and all appropriate Microsoft updates.
Contractor is responsible for installing all software necessary for the police call recording
system, including but not limited to the server application, the client application and performing
whatever configuration of those is necessary.
Contractor understands and agrees that the police call recording system will currently interface
and record phone conversations from a NEAX 2400.
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Section 3: Hardware Component Installation
Contractor is responsible for installing all hardware including but not limited to all hardware listed
in Section 1. Installation will be supervised by City staff.
Section 4: Planned upgrade to City of Carlsbad Phone System
Contractor acknowledges that the City plans to upgrade the city phone system to a VoIP system
in the near future and warrants that the call recorder as installed will be able to continue to record
phone traffic with no additional hardware or software required.
Section 5: Project Plan
Taskl: Initial walkthrough
Contractor and City staff will inspect the Safety Center computer room to verify placement of all
new upgraded call recording equipment to be installed and document any cabling necessary for
the installation.
Task 2: Wiring, cabling and power installation
City will provide and install
1. 4U of space in a City-provided rack
2. Power outlets for sen/er.
3. Any Motorola radio equipment necessary for recording radio conversations
4. Testing & troubleshooting of audio presented to and before the "left" side of the 66 block-
confirming audio is present
Contractor will install any and all wiring and cabling identified in Task 1. Installation will be
supen/ised by City staff.
Task 3: Call recorder eguipment installation
Contractor will install all equipment listed in Section 1. Installation will be supen/ised by City staff.
To eliminate downtime, contractor agrees to provide temporary recording system to capture and
record 911 trunks only during the course ofthe installation.
Task 4: Software installation and configuration
Contractor will install the sen/er operating system and call recording application. City and
Contractor will configure the call recording application. Contractor will provide full documentation
in electronic format for all hardware and software installed.
Task 5: Preliminary review and testing
Contractor and City staff will test all channels for proper recording, volume and contact closure.
Application functionality will also be tested against the documentation provided. All variances will
be noted and then remedied by the Contractor.
Task 6: Training
Contractor will provide any training necessary onsite for system administrators who manage the
system and users who use the system. City understands that the software application will not
change and minimal training will be necessary. Contractor and City will determine a mutually
agreeable time and date for training.
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Task 7: Production
Once all variances identified in Task 5 have been remedied by Contractor, City and contractor
will configure current client software on police workstations to talk to the new call recorder and
confirm connectivity and functionality. Once complete. Contractor will uninstall loaner and move
911 trunks to new recorder. City and Contractor will test recording of 911 trunks on new recorder.
Once all functionality has been confirmed. City will commence use of system.
Task 8: Final Acceptance
City will use the system for thirty (30) calendar days. If no major failures have occurred. City will
accept the project as complete. If major failures occur during this 30 day period, then Contractor
will remedy the system and a new thirty calendar day period will commence. City resen/es the
right to determine what constitutes a major failure.
Section 10: Incremental Payments
Upon Payment
Payment Completion Percentage Amount
1 Upon receipt of hardware 20% $1628.66
2 Production cutover 60% $4885.97
3 Final Acceptance 20% $1628.65
$8,143.28
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EXHIBIT "B"
SCOPE OF SERVICES - MAINTENANCE
Section 1: Maintenance Services
Contractor will provide all necessary equipment and sen/ices in order to maintain the police call
recording system installed as defined in Exhibit A to this Agreement in complete working order
as further described belcw.
Following acceptance of all police call recording system hardware and software listed in Section
1 of Exhibit A and thereafter for a period of thirty-six (36) months. Contractor will remedy any
failure, malfunction, defect or nonconfomnity as follows:
a. All labor and parts necessary for remedy will be provided at no charge to the City.
b. Contractor will provide loaner equipment if necessary.
0. Contractor will respond to requests for sen/ice as follows:
o By phone within 30 minutes of receiving notice of any system malfunction or
failure.
o Onsite if necessary within 4 hours of receiving notice of any system
malfunction or failure,
o Maintenance and repairs that are not of a critical nature may be scheduled at
a later date and time by mutual agreement
d. Contractor will provide all revisions to current software as required by manufacturer
for continued operation.
e. Sen/ice is provided twenty-four hours per day, seven days per week.
Section 2: Payments
Subject to appropriation of funds by the City Council, payment for maintenance sen/ices will be
paid as follows:
Payable annually at the beginning of each sen/ice year for each year of maintenance up to three
years:
• $4150.00 for first year of maintenance sen/ices
• $850.00 for first year of 2"" Tier Manufacturer Software Maintenance
• Maintenance sen/ices will not increase more than five percent (5%) per year.
• Contractor agrees to continue providing maintenance sen/ices on current call recorder
until the new recorder is installed and in production.
• Any money paid for future maintenance sen/ices on the replaced call recorder will be
applied toward the payment for the first year of maintenance on the new maintenance
contract.
City Attorney Approved Version #05.06.08
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