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HomeMy WebLinkAboutAUDIO-VIDEO INTEGRATED DIGITAL DESIGN (A-VIDD)-2006INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES I I 15-c~ CLERK OP COUNCIL DATE: 5~ Z 7 oS~ t5 '. soli ce (2~ gob ~ eke..,-~e.l ~ EQUIPMENT MAINTENANCE AGREEMENT N-2008-058 THIS EQUIPMENT MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this 24`"day of April 2008, by and between Audio-Video Integrated Digital Design, a California corporation ("A-VIDD"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter "City"). RECITALS: A. City purchased an inmate booking software system which includes camera equipment. City desires to purchase maintenance and support for the camera equipment to keep it operating in good working order. B. A-VIDD has determined that it has the capabilities required to maintain and support said camera equipment. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES A-VIDD shall provide Extended Warranty maintenance and support for the BR300 Camera Unit and Control Station, as set forth in Exhibit A to this Agreement. COMPENSATION a. City agrees to pay, and A-VIDD agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $5,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following execution of this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on A 200 unless terminated earlier in accordance with Section 12, below. The term of this greement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INSURANCE Prior to undertaking performance of work under this Agreement, A-VIDD shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. A-VIDD shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of A-VIDD's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, if A-VIDD has any employees, A-VIDD required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, A-VIDD agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by A-VIDD pursuant to this section: (i) A-VIDD shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and A-VIDD, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of A-VIDD. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 6. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of A-VIDD, A-VIDD may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 7. TERMINATION This Agreement may be terminated by City upon thirty (30) days written notice of termination. In such event, A-VIDD shall be entitled to receive and the City shall pay A-VIDD compensation for all services performed by A-VIDD prior to receipt of such notice of termination. S. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 9. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. ATTEST: `~~ PATRICIA EAL1' Clerk of the Council CITY OF SANTA ANA: (? DAVID N. REA ~!' City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: ~ ~ ,,v,G~.ee P~ Q La a Sheedy Assistant City Attorney AUDIO-VIDEO INTEGRATED DIGITAL DESIGN ~ By: ~ V- v - Name: , it Title: •fio ~~ ~b~ RE ~ END D FOR APPROVAL: Paul Walters Chief of Police City of Santa Ana Police Department A-1 SALES QUOTE ~~ V; 143395-B SANT002 SANTA ANA, CITY OF PO Box 1988 SANTA ANA, CA 92702-1988 Telephone: 714-647-5460 Ground ~ Prepay and add 1 ~ Y ~ AVIDD EXTENDED WARRANTY Extended Warranty for BR300 Camera llnit and Control Station. This agreement includes all labor performed by A-VIDD Electronics Company or its assigned agent(s) required to provide the manufacturers recommended schedule of preventative maintenance, as well as two scheduled maintenance calls. These calls will be performed at the convenience of both parties within the agreemrnt period. Additionally, A-VIDD Elechonics Company will provide all other labor required to maintain the wvered equipment in operating condition subject to the provisions and exclusions provided herein. The service calls will entail cleaning the equipment, checking system performance, and maintaining firmware updates. Service under the agreement is provided Monday through Friday excluding holidays honored by A-VIDD Electronics Company during business hours 8:00 AM to 5:00 PM. This agreement covers normal and intended use, wear and [eaz. Service calls as a result of abuse, misuse, fire, negligence, operator error, dust, smoke, flood, accident, electrical disorders, static discharge, unauthorized modifications including customer installed software after delivery, hostile environment, wsmetic damage, or other Acts of God are not included in this agreement. Non-qualified items not listed as part of the agreement and are the cause of malfunction in equipment covered by agreemrnt will result in a eharve m customer far the additional service. 04/14/08 02:46:07 PM Punted By: John Delmont Continued on Next Page 4,500.00 ~ 4,500.00 TERMS: All Claims end Returns must be made within 7 days after receipt of goods. No credit allowed for Merchandise returned without permission. Any approved returns must be sent back at customer's expense and in [heir original box and all packaging materials, manuals and accessory items must be included. Returns not in the fac[ory'sealed box will be charged a 25 % restocking fee end subject to an inspection for working and cosmetic conditions before any refund is given. No returns on non-stocking or special order items. Title [o MerchandiselEquipment remains vested in seller until paid in full. Service charges may he charged on e0 amounts 30 days past due at the maximum legal rate. Should it become necessary to bring any action in connec0on with this invoice, including an action [a enforce the terms hereof or [o assert [his document byway of defense in any suit or other proceeding [here sball be awarded to the prevai0ng party in such action or proceeding reasonable attorney's tees and costs incurred with respect thereto. GENERAL OFFICE: 3920 Gilman Street, Long Beach, CA 90815 ^`' ' w •~ SANTA ANA Police Department SANTA ANA, CA 92702-1988 Telephone: 714-647-5460 Contact: Ken Gomminsky SALES QUOTE 143395-B t~''~~' SANT002 i ,~ r SANTA ANA, CITY OF PO Box 1988 SANTA ANA, CA 92702-1988 SANTA ANA Police Department SANTA ANA, CA 92702-1988 Telephone: 714-647-5460 add Telephone: 714-647-5460 Contact: Ken Gomminsky 30 A-V IDD Electronics Company shall have Cree access, with appointments, to the equipment subject to customer's security requirements for the purpose of maintenance and repair if on-site call is necessary as defined by conditions of agreement. Inability to obtain access which results in excessive expenditure of time and unnecessary travel expense will result in additional charges billed at the prevailing service and trove] rates. This agreement may be cancelled by either party with 30 days written notice. In the event of cancellation, all payment pro-rated to the agreement period due must be received within 30 days oftermina[ion date. Any claims for loss or damage as a result of common carrier tmnspmrtation will be the responsibility of [he customer. This agreement has a maximum term o£ I year (l2 months) and may not be automatically renewed. Renewal will be considered for addtional years after art inspection oflhe equipment and requoted accordingly based on determined condition. 04/14/08 ~''! ~ 0.00 ~~ 4,500.00 ;: I 0.00 a 02:46:07 PM ~ t1i;l_" 4,500.00 _ #„ 348.75 Punted By: John Delmont TERMS: All Claims and Returns must be made within 7 days after receipt of goods. No credit allowed for Merchandise returned without permission. Any approved returns must be sent back at customer's expense and in their original box and all packaging materials, manuals and accessory items must be included. Returns nmt in the factory sealed box will be charged a 25°/. restocking fee end subject to an inspection for working and cosmetic conditions before any refund is given. No returns on non-stocking or special order items. Title to MerchandiselEquipment remains vested in seller until paid in full. Service charges may be charged on all amounts 30 da}'s past due al the maximum legal rate. Should it become necessary [o bring any action in connection with [his invoice, including an action [o enforce [he terms hereof or to assert this document by way mf defense in any suit or other proceeding there shall be awarded [o the prevailing party in such action or proceeding reasonable attmrney's tees end costs incurred with respect thereto. GENERAL OFFICE: 3920 Gilman Street, Long Beach, CA 90815 ~ "NQ(~ ACORDr„ CERTIFICATE OF LIABILITY INSURANCE GATE IMMIDDIYYYY) 09/14/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER er[erta inmenc Brokers International ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE gvoL d THIS CERTIFICATE DOES NOT AMEND, E%TEND OR HOLDER , 10940 Wilshire Boulevar cA 9ooz4-DO24 les L A . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , os nge Phone: (310) 824-0111 Fax: (310) 624-5733 License No. 07"13887 INSURERS AFFORDING COVERAGE NAIC#_ INSURED INSURERA: Praetorian Insurance Company 37257 A-Vidd Electronics Company INSURER B: _ 3920 Gilmar. Street CA 90815 Beach Lon INBURERC: , g INSURER D: _. INSURER B GVVCKAbW LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONIITHSTANDING THE POLICIES OF INSURANCE M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TER SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE IN POLICIES. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFEQWE POUCY E%PIRATgN LIMITB POLICY NUMBER ALLIABNTY EACH OCCURRENCE $ 1, OC0, 000 p GENER DAMA .ET- E T-D 100 000 ~~ MERCIAL GENERAL LIAfiILIlY ~ COM ( PREMISES (Ea occurencel _ , $ ____ _ I CLAIMS MADE ~ i OCCUR MED E%P (Any ane person) S _ _5,000 ~~ _ _J P0030CP000815-00 11/15/X07 11/15/2006 pERSONALBADV INJURY 1,000,000 $ I _ _-__....__ _. I GENERALAGGREGATE $ 2,OOO,OD0 GEN'L AGGREGATE LIMIT APPLIES PER: AGG I PRODUCTS-COMPlOP $ 2,000,000 ~ PRO- . POLICY T LOC A ~ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 5 ' ANY AUTO (Ea acdtlenry 1, OOC, D00 i - ~ ALL OW NED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) -"-- IttI~ p0030CP000815-00 11/15/2007 11/15/2008 - ' ~'' HIRED AUTOS BODILY INJURY ~,$ NON-OWNED AUTOS - - (Per accitlent) - ' PROPERTY DAMAGE S i (Per accitlenp GARAGE LIABILITY ~ AUTO ONLY-EA ACCIDENT $ _ I _ ANY AUTO I OTHER THAN EA ACC 5 ~~ I. AUTO ONLY: AGG $ E%CESSIUMBRELLA LIABILITY 'i. ~' -' ~-r} ( EACH OCCURRENCE ~ 5 _ _ _ ~ ~ ~ , ~JS•`Y' ~~ ~~OCCUR ~CLAIMSMADE . AGGREGATE _ 5 ___ _._ i~ DEDUCTIBLE - __ $ _ ___ RETENHON 5 $ WORKERS COMPENSATION AND ~ S~iSI 1 ~ ,:y. T RYTATU DTR __.. EMPLOYERS' LIABILITY ~ ~ E.L. EACH ACCIDENT $ --'- ! ANY PROPRIETORNARTNERIE%ELUTIVE -' prn~=Rip,IEPJBER. ExCwDED? EL. DISEASE-FA EMPLOYEE $ ___ If yeS tlescrlbe untlar ' SPECIAL PROVISIONS belwv ISEASE-POLICY LIMIT $ B OTHER HUilding Rental House Floa[er I. P0030RH000041-00 11/15/2007 11/15/2008 $890, ODO Deductible: $2,500 DESCRIPTION OF OPERATION51 LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT( SPECIAL PROVISIONS Certificate Holder is Named as Additional Insured and Loss Payee as respects to Operations of the Named Insured. Sub; ec[ to policy terms, conditions, limitations and exclusions. In regards to locations at: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701; its officers, employees, agents, volunteers and representatives are named as additional insured /`FRTIFI!`ATF Hfll DFR CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 20 Civic Center Plaza DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Santa Ana, CA 92701 Attn: Ken Gominsky / Robert 3rekenfeld NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1856 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certifcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25