HomeMy WebLinkAboutCAPTURE TECHNOLOGIES INSURANCE NOT ON HLE N-2026-003
WORT( MAY NOT PROCEED
CITY CLERK _
DATE)AN 12 2026 C , FRIMMMINUMN
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Full Field Service Agreement— 24/7
It is agreed that Capture Technologies will furnish service for the covered hardware and software to insure operating efficiency.
This non-refundable Agreement covers the serial number(s)listed on the attached Proposal and/or Inventory List,to ensure
operating efficiency. The Agreement covers all hardware and software included in the original purchase and consists of the
following,all to be performed during the agreed period of coverage.
• 247 Help Line,or to place a service call,800.544.5050,for a€ter-hours support follow system prompts.
♦ All parts necessary to keep the system in proper operating condition,with the exception of those specifically listed below.
♦ in-shop repairs when required.
Service Priorities(response Times)
Priority 1—Critical Failure,as defined below.
Response Category Normal Response Times
Support Coverage Twenty Four(24)hours,Seven(7)days per week
Phone Support Twenty Four(24)hours,Seven(7)days per week
Call Back Response Time Sixty(601 minutes after receipt of call from Customer's authorized representative
On-Site Response Time Four(4)Hour On site Response Times are in effect following the determination that
on-site support is required.
Priority 2—Major Problem,as defined below
Response Category Normal Response Times
Support Coverage Twenty Four(24)hours,Seven(7)days per week
Phone Coverage Twenty Four(24)hours,Seven(7)days per week
Call Back Response Time One Hundred Twenty(120)minutes after receipt of call from customer's authorized
representative
On-Site Response Time Four(4)Hour On-site Response Times are in effect following the determination that
on-site support is required.
Priority 3—Product Anomaly
Response Category Normal Response Times
Support Coverage Twenty Four 124)hours,Seven(7)days per week
Phone Coverage Twenty Four 124)hours,Seven(7)days per week
Call Back Response Time Twelve(12)Hours after receipt of call from Customer's authorized representative
On-Site Response Time Twenty Four(24)hours On-site Response Times are in effect following the
determination that on-site support is required.
Priority 4—System Inquiry,Planned Intervention or Request for information
Response Category Normal Response Times
Support Coverage Twenty Four(24)hours,Seven(7)days per week
Phone Coverage Twenty Four(24)hours,Seven(7)days per week
Call Back Response Time Twelve(12)Hours after receipt of call from Customer's authorized representative
On-Site Response Time Thirty Six(36)hours On-site Response Times are in effect following the determination
that on-site support is required.
• Remote diagnostics via modem(requires customer provided telephone line which can be shared with another device)or VPN,or
other remote methods
♦ To place service calls during normal business hours,call 800-544-5050.To place a call after hours,an weekends and holidays call
800-544-SOSO and follow system prompts.. Leave a voicemail and a technician will be paged and will respond within one hour;on-
site response within 4 hours or as dictated by priority level.
Priority 1-Critical Failure—In a 100%recording environment,any failure of equipment,Voice recording software or communications to
the Voice Recording products which results in loss of recording channels or data,or if allowed to persist will result in such recording
loss,or any problem resulting in loss of ability to retrieve calls or loss of replay functionality.
Priority 2—Major Problem—Any problem resulting in loss of ability to retrieve calls or loss of replay functionality.
Priority 3—Product Anomaly-Any problem affecting one or more workstations which does not result in a loss of recording or replay but
nevertheless results in diminished Product response or performance,for example if an administrator loses the ability to add or
delete users.
Priority 4-System Inquiry,Planned Intervention or Request for information
At
Gammum
A Division of ldentiSys
Capture Monitor Provision:-Capture may install a small applet on the server to actively monitor the hardware and health of the
hardware and specific functions of the software,if applicable. Capture will he notified via email of any event. Capture will reply to
any alerts in accordance with the customer's SfA,if applicable.
It is understood that Agreement does NOT include:
♦ Replacement of Uninterruptable Power Supplies(UPS),DVD Media,Blue Ray Media,converters,cords,cables,
and or A/C adapters.
• Any necessary reformatting or repair as a result of the customer's voluntary upgrade or change in operating
system or database,or any virus contracted by customer's network and/or changes caused by changes made in
the customer's network environment.
♦ Repairs made necessary by use of non-manufacture parts,cleaning tools,supplies,etc.
♦ Repairs made necessary by accident,abuse,fire,water,storm,burglary,self-repair,or any act of God,as well
as maintaining,utilizing,and/or storing the equipment in a manner other than instructed.
♦ Repairs made necessary by power surges,outages,or any other power issues where equipment is affected due
to lack of or insufficient protection by Capture Technologies-approved Uninterrupted Power Supply(UPS).
Any relocation of equipment covered by Agreement may cause equipment to be re-evaluated for coverage
qualification and pricing.Relocations performed by Capture Technologies technicians will ensure continued
coverage,however this is not a covered service and will be charged at the normal labor rate of$275/hour with a
four-hour minimum.If customer performs relocation,Capture Technologies must be notified and allowed to
schedule a non-billable post-move inspection to ensure the equipment still qualifies for coverage.Service
agreement covers one free post-move inspection per coverage period.If the equipment is found to have been
damaged from the move,Agreement will be null and void,with no refund,until the equipment is repaired at the
customer's expense.
Hardware or software provided by a vendor other than CTI may not be added to this system.Any access to the
system by non-CTI vendor shall void this Agreement. Additional components purchased from CTI during Agreement
period may be added at a pro-rated amount to correspond with Agreement anniversary date.Either party may
terminate this Agreement with or without cause by providing THIRTY(30)days notice,in writing,to the other party.
From time to time the manufacturer will notify us that a certain piece of equipment has reached the determined
"end of fife". Once we receive the notification,the manufacturer will no longer support said equipment after this
date. In such cases,you will be notified so appropriate steps can betaken to replace the equipment. Once a piece
of equipment reaches its"end of life"we can no longer guarantee that we will be able to get parts for the Voice
Recording System,however we will do everything in our power to keep the equipment in working order.
If it is determined by Capture Technologies service engineers that a piece of equipment is beyond economical
repair,or if parts become unavailable,then the remainder of the service agreement will be credited to coverage
on a new piece of equipment.
ti MOCK
A Division of ldentiSys
CAPTURE TECHNOLOGIES
MAINTENANCE AGREEMENT TERMS AND CONDITIONS
I. Term.The Agreement shall be signed by the Customer and will
commence on the start date stated on the Agreement,and shall continue for 7. Overtime Charges and Travel. All overtime charges and travel expenses
an initial one-year term, of Capture Technologies personnel not included in the contracted
maintenance services will be charged to the Customer at the rates in
2, Description of Covered Services. During the term of this Agreement, Capture Technologies'maintenance price list in effect at the time of
Capture Technologies agrees to provide the preventative and remedial occurrence_ Any maintenance service started during the contracted
maintenance services recommended by the manufacturer.Capture coverage hours and completed within one-half hour after such period shall
Technologies technicians will perform maintenance services sufficient to not be treated as overtime. Service completed after such one-half hour
keep equipment in good operating condition.Maintenance services include period and service otherwise provided at Customer's request outside of the
necessary replacement of standard parts,and labor necessary to replace contracted coverage period shall be treated as overtime. A minimum one-
such parts,.to make technical adjustments,and to clean and lubricate the hour charge shall apply to overtime services.
equipment.Customer must contact the Capture Technologies Service
Department at 800.544.5050 or sve dispatch a Capturet.com to set up $_ Payment. Customer shall pay all invoices within thirty(30)days or the
service calls for preventative and remedial services. date of invoice_Any past due invoiee(s)to Capture Technologies may,at
the sole discretion of Capture Technologies,cause your account to be put
3. Coverage Hours.Unless otherwise noted on the front side ofthis form, on hold_ If your account is on hold,services under this Maintenance
service will be provided Monday through Friday,8:00am to 5:00pm local Agreement will not be performed until all past due amounts are cleared or
time,excluding holidays observed by Capture Technologies. Including but arrangements made to the satisfaction of Capture Technologies. Interest
not limited to:New Year's Day,Memorial Day,Juiy 4",Labor Day, shall accrue on all nverdue amounts at die rate of twelve percent(12%)per
Thanksgiving&Thanksgiving Friday,Christmas Eve Day,and Christmas year,or the maximum amount permitted under local law,whichever is less,
Day. Unless tax exempt,Customer shall pay all municipal,state or federal taxes
levied or based on charges payable under this Agreement,excluding
4, Description or Uncovered Services.This Agreement and the fees for income taxes payable by Capture Technologies. In the event that Customer
maintenance do not cover labor,parts,and expenses necessary to-(a)repair does not make timely payment of amounts due hereunder,Capture
damage caused by Customer's negligence;(b)reconfigure or relocate the Technologies may terminate this Agreement upon ten(10)days advance
equipment',(c)set up or provide training for personalized famtals;(d) written notice and Capture Technologies shall be entitled to recover its
repair problems which arise from the use by Customer of non-Capture expenses(including reasonable attorneys'fees)incurred in conjunction
Technologies approved parts,attachments,devices or supplies—use of with any collection action.
third party supplies and suppliesicards not npproved by Capture
Terhnolo2les,may result in the termination of this agreemen l;(e) 9. Access. Customer shall permit Capture Technologies free access to the
repair damage caused by customer facility/system;(f)recover lost data due equipment to be serviced hereunder and shall provide to Capture
to the absence of an accurate back-up;(g)receive applicable upgrades;(h) Technologies adequate storage space,working space and all accessary
replace printheads;0)any fees that pertain to Vaccination,Registration or utilities_
Testing requirements;(k)if testing is required prior to entry for onsite
service a$140 flat rate fee would he billed separately and payment would 10, PartslComponenl Replacement.Capture Technologies reserves the right
he required before service is dispatched. at its option to replace or repair any part or component which fails to
perform its function under normal use.Capture Technologies further
5. Pricine. Prices for the maintenance services are set forth on the front side reserves the right to use,at its option,new,rebuilt,comparable or
of this Agreement.Prices may include additional charges for extensions of reconditioned parts/components or improved parts/components which are
the standard coverage hours and for Customer sites that are located more capable of performing functions similar to those of the replaced
than fifty-(50)miles from an Capture Technologies service point_ prrnslcomponems.
& Subscription/Hosted/Cloud Based Coverage. After the initial I I Parts/Coinpnenls Availability.In the event that parts or components
Subscription Term,unless otherwise specified on the Order,any Software required to repair or maintain covered product are no longer available,
based subscriptions will automatically renew for subsequent annual terns Capture Technologies may terminate coverage for all or part of the
unless the Customer gives written notice on nonrenewal at least 30 days specified product and will issue the Customer a prorated credit for the
before the last day of your then-current Subscription Term.Unless duly unused portion of the term charge,
terminated,this Agreement will automatically renew at the then current fees
in accordance with the Agreement and any Third-Party pricing and 12. Warranty. Capture Technologies warrants that all services provided
Customer agrees to pay the Subscription fees applicable to the Renewal. hereunder shall be performed in a neat,workmanlike manner and shall
Customer hereby acknowledges and agrees that the renewal fees and comply with industry standards and practices. In the event that any Capture
charges may increase. Capture Technologies may terminate this Technologies services do not meet these waranty specifications,Capture
Subscription immediately if Customer breaches any of its obligations under Technologies shall correct such defective services at its expense. EXCEPT
this Agreement and any hosted time will be billed up to the termination AS SET FORTH HEREIN,CAPTURE TEC14NOLOGIES MAKES NO
date. If the subscription is terminated for any reason Customer WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES
acknowledges they will no Iongerhave access to any of the hosted OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
information. Customer acknowledges that if they cancel the Subscription PURPOSE_
during a current hosted term,no refund will be given for any remaining
unused Subscription. 13. Limilalion of Liability. IN NO EVENT SHALL CAPTURE
6.1 Access to Services.Capture Technologies distributes the Service TECHNOLOGIES HE LIABLE FOR SPECIAL,INCIDENTAL,
online.You are solely responsible for providing,installing,and CONSEQUENTIAL OR PUNITIVE DAMAGES. IN NO EVENT
maintaining at your own expense all equipment,facilities,and SHALL CAPTURE TECHNOLOGIES'TOTAL LIABILITY UNDER
services necessary to enable Authorized Users'access and use of the THIS AGREEMENT EXCEED THE SUM OF ALL AMOUNTS PAID
Service through the interface,including,without limitation all BY CUSTOMER TO CAPTURE TECHNOLOGIES UNDER THIS
computer hardware,software,and Internet access, AGREEMENT UP TO THE TIME THE CAUSE OF ACTION AROSE.
6.2 User Account Security.You are solely responsible for tracking and
for ensuring the security and confidentiality of all user identifiers 14_ force Mnieure. Neither party shall be liable to the other hereunder for
and passwords.Capture Technologies has no liability with respect to failure to perform if such failure is due to acts of God,strikes,labor
any use or misuse of such identifiers or passwords,and any use other disputes,failure of suppliers,wars,or judicial action affecting the terms of
than as provided in this Agreement will be considered a breach of performance of this Agreement,
this Agreement by you,
6.3 Service Period.This Agreement will commence on the Subscription 15, General Provision.This Agreement represents the complete agreement
Date and,unless terminated early in accordance with Section 7, between the parties with respect to the subject matter hereof and supercedes
continue for the number of months or year(s)specified in the any contemporaneous or prior written or oral understandings or agreements
Subscription as measured from the Subscription Date(the"Initial with respect hereto. This Agreement may not he altered or modified except
Period") by a writing signed by both parties, This terms and conditions of this
6.4 Cancellation. Any and all rights granted to you with respect to the Agreement shall prevail in the event of any conflicts with terns and
Service and Technology,and any and al I rights granted to Software conditions contained on a Customer purchase order.The Agreement shall
with respect to your data,will terminate on the effective date of be governed by and construed in accordance with the laws of the State of
termination.Capture Technologies will have no obligation to Minnesota.
provide the Service to you or Authorized Users after the effective
date of the termination.You will pay to Capture Technologies any 16- Imprinter Addendum. When the Covered Equipment includes imprinters
amounts payable for your and Authorized Users use of the Service and/or data recorders,the following terms and conditions are made part of
through the effective date of the termination.. this Service Agreement,Capture Technologies shall provide on call
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A Divisr'on cf ldenti5ys
remedial maintenance for imprinters on a batch basis. herein at least four
imprinters/data recorders must be in need of remedial maintenance before a 18, Cancellation Clause. This contract may be cancelled at any time with 30
service request is placed. The average response time to said request is days notice.Penalties will apply,the amount ofthc penalty will be two-
within 24 hours- It is recommended that the customer have adequate spares months premiums based on pricing For the current service agreement.
on hand,while waiting for the defective units to be repaired.
19. Addendum A. This contract shall also be subject to the
17. Conversion. If the customer purchases new equipment,from Capture additional terms and conditions provided in the attached Addendum.
Technologies the customer may choose to be refunded,in cash,the
remaining portion of the current premium or apply it towards the warranty IMA-I602
on a new piece of equipment.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF A TA ANA ATTEST:
ALVARO NUNEZ HALL
City Manager City Cl rk
CAPTURE TECHNOLOGIES RECOMMENDED FOR APPROVAL:
BY:Larnissa Jensen ROBE"RODRIGUETitle: Contracts Manager Chief o
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
TAMARA BOGOSIAN
Senior Assistant City Attorney
Addendum A— City of Santa Ana and Capture Technologies
1. parties agree that the services provided herein are not a subscription and the Auto
renewal provisions in this Agreement will not apply.
2. Term of this Agreement shall commence with the date of posting for final signatures, as
provided by the City Clerk for the City of Santa Ana, and continue for a one year period.
City shall recognize and compensate Capture Technologies for any services going back
to October 5, 2025, per the invoice attached herein.
3. Capture Technologies shall agree to the Insurance Requirements provided in this
Addendum to this Agreement:
Insurance Requirements
Contractor shall procure and maintain for the duration of the agreement, the following insurance
coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall
be at least as broad as:
• Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering
CGL on an "occurrence" basis, including products and completed operations, property
damage, bodily injury and personal &advertising injury with limits no less than $1,000,000
per occurrence and $2,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1
(any auto), with combined single limits of $1,000,000, In the event Contractor does not
maintain commercial automobile liability insurance, City will accept evidence of personal
automobile insurance, provided that such policy is endorsed for business use and provides
coverage with a minimum limit of $1,000,000. Required policy limits can be met with
primary and umbrella/excess insurance policies.
• Workers' Compensation (WC): as required by the State of California, with statutory
limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
accident, per employee, per policy for bodily injury or disease. This requirement can be
waived if Contractor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown
above, City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials,
employees, agents, and volunteers are to be covered as additional insureds with
respect to liability arising out of work or operations performed by or on behalf of the
Contractor including materials, parts, equipment, and personnel furnished in
connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of
subrogation against City, its City Council, its officers, officials, employees, agents,
and volunteers for losses paid under the terms of any policy which arise from work
performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor's
insurance coverage shall be primary and any insurance maintained by City, its City
Council, its officers, officials, employees, agents, or volunteers shall not contribute
with it.
4. All required insurance policies: A severability of interest provision must apply for all
the additional insureds, ensuring that Contractor's insurance shall apply separately to
each insured against whom a claim is made or suit is brought, except with respect to
the insurer's limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be
canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the
carrier, or materially changed except after thirty (30) days prior written notice has
been given to City. Ten (10) days prior written notice shall be provided to City for
policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
Ana, Attention: Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana, CA
92701. The name and location of the event should be included in the Description of
Operations section of each certificate.
Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require
Contractor to purchase coverage with a lower retention or provide proof of ability to pay
losses and related investigations, claim administration, and defense expenses within the
retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of
California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable
to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause)and a copy of the Declarations and Endorsement Page of the CGL
policy listing all policy endorsements to Entity before work begins. However, failure to obtain
the required documents prior to the work beginning shall not waive Contractor's obligation to
provide them. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the
beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least
three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective date, Contractor must
purchase "extended reporting" coverage for a minimum of three (3) years after completion of
work.
Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance
meeting all the requirements stated herein, and Contractor shall ensure that City
is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other special circumstances.
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��,,,,O-..,,rf � CONTRACT INVOICE
A Division of fdentiSys
6060S..,iseuiat.Dr.9uite3000.Cit—Heights,CA95610 Invoice Number: 87969
Phone:(8001544-5050 F..:(888)450-950
Invoice Date: 10/6/2025
Account Number: SA03
Balance Due: $2,241.00
Bill To: Santa Ana Police Department Customer: Santa Ana Police Department
Jennifer Arellano 60 Civic Center Plaza M-95
20 Civic Center Plaza RM 429 Santa Ana, CA 92701
Santa Ana, CA 92701
Account No Payment Terms Due Date Invoice Total Balance Due
SA03 Net 30 11/5/2025 $ 2,241.00 $ 2,241.00
Invoice Remarks
Contract Number T Contact Contract Amount P.O.Number Start Date Exp.Date
NEG/VL-11838-03 Jennifer Arellano 714-245-8650 $ 2,241A0 10/30/2025 10/29/2026
Contract Remarks
DEAR VALUED CUSTOMER
THIS AN INVOICE FOR THE NEXT TERM ON YOUR SERVICE CONTRACT FOR THE BELOW EQUIPMENT. CAPTURE LOOKS FORWARD TO THIS PROVIDING YOU
WITH CONTINUED GREAT SERVICE,AND IF YOU HAVE ANY QUESTIONS PLEASE DON'T HESITATE TO CONTACT ME.
LAMISSA JENSEN,CONTRACT ADMINISTRATOR, P: 952-294-1206,F:952-975-0660,EMAIL: LAMISSA_JENSEN@IDENTISYS.COM,
SERVICEAGREEMENT@CAPTURE.COM,AND CONTRACTS@IDENTISYS.COM
ON-SITE SERVICE CONTRACT INCLUDES PARTS,LABOR AND TRAVEL WHEN YOUR EQUIPMENT NEEDS REPAIR, PHONE SUPPORTAND PREVENTIVE
MAINTENANCE, (EXCLUDING CONSUMABLES&PRINTHEADS) ** FOR SERVICE CALL 916.443.5050 x302 AND TO SCHEDULE ANY PM'S
PLEASE NOTE CAPTURE TECHNOLOGIES NON EVERGREEN TERMS AND CONDITIONS ATTACHED
Summary:
Contract base rate charge for the 10/30/2025 to 10/29/2026 billing period $2,156.00
Fuel Surcharge 1-100 Miles $85A0
*Sum of equipment base charges $2,241.00
Detail:
Equipment included under this contract
Eventide/Eventide Voice Logger
Number Serial Number Base Charge Location
EQ21800 740004090 $2,156.00 Santa Ana Police Department 60 Civic Center Plaza M-95
Santa Ana,CA 92701
As of Oct, 1,2024 we changed our banking information and remit to address, Invoice SubTotal $2,241.00
EMAIL: Receivables@capturet.com for new banking information Tax: $0.00
Invoice Total $2,241.00
REMIT To: Balance due before start date: $2,241.00
Capture Technologies
PO Box 1092 Balance due after start date: $2,308.23
Minnetonka,MN 55345
OR: Pay Online at www.capturet.com/payment
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