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HomeMy WebLinkAbout25F - AGMT - VIDEO SEC SYS MAINTENANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT WITH SIEMENS FOR CITY OF SANTA ANA VIDEO SECURITY SYSTEM MAINTENANCE ENHANCEMENT PROGRAM (STRATEGIC PLAN NO. 1, 5) r, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-11»000=15, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a one -year agreement with Siemens for professional services and maintenance of the City's Video Security System for the period of June 1, 2015 through May 31, 2016, in an amount not to exceed $174,914, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for certain grant years, Santa Ana is responsible for purchasing equipment and providing training for the 34 jurisdictions in Orange County. The US Department of Homeland Security has identified Critical Infrastructure & Key Resources (CIKR) protection as a priority for state and local jurisdictions. The Anaheim /Santa Ana Urban Area has funded all phases of a Video Security /Surveillance system for the Civic Center and Police Department within the City of Santa Ana. The project began with the installation of a 48 camera video security system at Santa Ana Police Department headquarters to harden and protect the perimeter of the facility. Phase I was completed in early 2012. Phase II included the installation of approximately 57 cameras in and around the OC Civic Center, creating a similar network to what exists at police headquarters. Due to the City of Santa Ana being the County Seat, the buildings and entities in the Civic Center are vital to the day -to -day operations of the City, County, State, and Federal governments. The Ronald Regan Federal Courthouse, U.S. Marshalls and Customs, California Appellate Court, Orange County Criminal Courts building, and the Santa Ana City Hall are all co- located within the OC Civic Center. The cameras installed in this phase connect into the Police Department's existing network, allowing for first -hand incident prevention, response, and management capability. The system is very complex and uses state -of- the -art video management technology. 25F -1 Agreement with Siemens for Video Security System Maintenance June 16, 2015 Page 2 Architecture and integration was implemented completely by Siemens. Without a comprehensive maintenance agreement, the Civic Center and Police Department risk losing the hardened security provided by the cameras. The video system's technical hardware and software require consistent updates and /or minor adjustments or replacements. Through this agreement, Siemens will provide test and inspection of equipment (quarterly), camera cleaning for all 105 system cameras (seven of which are located in intersections and will require bucket trucks), yearly renewal of the Milestone XProtect Software Upgrade Program, Sureview Immx Software, and Hiperwall Software, and priority repair or replacement of video surveillance system components, including cameras, radios, power supplies, switch equipment and cables. The agreement term will run from June 1, 2015 through May 31, 2016. The one -year agreement amount is $174,914. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds for this agreement are available in FY 2014 UASI Grant fund (no. 12514491-62300- 15422001182 -3498) for fiscal year 2014 -15 totaling $14,576. In addition funds for fiscal year 2015 -16, upon Council approval of the proposed FY 2015 -16 budget, are budgeted and will be made available in the amount of $160,338. 1�)&� Carlos Rojas Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25F -2 CIVIC CENTER VIDEO MAINTENANCE AGREEMENT THIS CIVIC CENTER VIDEO MAINTENANCE AGREEMENT is made and entered into this 1st day of June, 2015 by and between Siemen's Industry, Inc., a Delaware corporation, (hereinafter "Consultant'), 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. The City desires to retain a consultant having special skill and knowledge in the field of video maintenance, providing an extended warranty for video equipment, and video equipment cleaning services for the Civic Center video monitoring system. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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 Consultant shall perform those services as set forth in Exhibit A to this Agreement which will include generally software maintenance, extended warranty repair and replacement coverage, preventative maintenance and equipment cleaning services. 2, COMPENSATION a. City agrees to pay, and Consultant 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 one hundred and seventy -four thousand nine hundred and fourteen dollars ($174,914.00) during the term of this Agreement, Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 31, 2016, unless terminated earlier in accordance with Section 15, below. The Agreement includes two (2) one (1) year options to renew exercisable upon mutual agreement of the parties. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are 25F -3 provided in a manner consistent with all applicable standards and regulations governing such San/ices. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "), Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) 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 Consultant'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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement. b. Business automobile liability insurance, or equivalent farm, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is 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, Consultant agrees to obtain and maintain any employer's liability Insurance with limits not less than $1,000,000 per accident, d, If Consultant is or employs a licensed professional such as an architect or engineer; Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25F -4 (i) Consultant shall maintain all Insurance required above in full force and effect for the entire period covered by this Agreement. (it) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (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. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described In section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation In any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. 25F -5 Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) Is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P,O, Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: And Chief of Police City of Santa Ana 60 Civic Center Plaza (M -96) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245.8007 25F -6 To Consultant: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.C. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Fax (619) 252 -1306 Michael. Dietsch@siemens.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City, 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. 14, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product 25F -7 shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. 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. 18, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. CERTIFICATIONS The funds used to pay for this Agreement will be comprised of federal grant funds and the following certifications are required in compliance with federal grant funding rules. a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by MWDOC, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. b. Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. G. Section 504 of the Rehabilitation Act of 1973 (Handicapped - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives 25F -8 assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Match Act". f. Civil Rights Compliance and Notification of Findings - Recipient will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title 1X of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39, In the event a Federal or State court, federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to MWDOC which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice, 9. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. I. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U,S,C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as 25F -9 applicable. I. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. n. Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 20, 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. 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 hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney l3y: Laura A. Rossini Senior Assistant City Attorney 25F -10 RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police SIEMEN'S INDUSTRY, INC. Eric Ackerman Area Fire Safety & Security Manager Tax ID# [Signatures for Civic Center Video Maintenance Agreement] 25F -11 Exhibit A Statement of Work and Proposal 25F -12 n e SIEMENS Enterprise Account E xecutve Southern California May 20, 2015 City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Reference: City of Santa Ana Security and Surveillance Maintenance Services Agreement (June 1, 2015 through May 31, 2016) 1. Siemens shall provide the extension of its Maintenance, Monitoring, Repair and Support Services (Siemens Service Program), at the City of Santa Ana, per this scope of services document. 2. Term shall commence on June 1, 2015 and expire on May 31, 2016. 3, Services agreement shall provide Software Maintenance Agreements for the following applications: a. Milestone XProtect Software Upgrade Program (SUP) b, Sureview Immx Software Annual Support and Maintenance (ASM) c. Hiperwall Software Maintenance Agreement (SMA) 4. Services agreement shall provide extended warranty "repair and replacement" coverage for the following systems and components: a. Milestone XProtect system i. Servers (2) b. Hiperwall Video Wall i. Servers H. Workstations (5) ill. Network switches (2) iv. Monitors (10) C. Sureview Immx i. Server d. Cameras (105 total cameras) e. Power Supplies f. Encoders g. Siemens supplied network switches L Cisco ii. HP h. Communication Radios i. Ubiquiti ii. Bridgewave i. All connections and mist cabling provided by Siemens. SOW Page I 1 25F -13 SIEMENS Michael Dletsch Enterprise Account Executive Southern California 5. Services agreement shall provide preventative maintenance services on a quarterly basis for the following systems: a. Test and Inspection i. Cameras ii. Encoders iii, Radios iv, Antennas v. Power Supplies vi. Network Equipment vii. Servers It. Cleaning I. Cameras (105) ii. Powersupplies Ili. Antennas Preventative Maintenance (test and inspect): Siemens shall provide quarterly inspections and testing on all covered equipment. Based on any abnormal findings, Siemens technicians will be authorized to replace parts or alter settings and programming to optimize the systems. All findings shall be provided in a quarterly report to the client. Siemens shall maintain quarterly reports, as part of client services program portfolio. Siemens will provide all system software updates, as part of annual preventative maintenance visits. All software updates are provided at no additional cost, with the valid software maintenance programs (included in this program). All items included in this service shall be clearly delineated in the scope of work document. Extended Warranty (Repair and Replace): Siemens shall provide added warranty coverage for the identified components of the clients system. Repair and replacement of worn, failed and malfunctioned equipment will be provided during normal business hours, with next day service response coverage times. Should the component be of critical or of an emergency nature, Siemens shall provide 4 hour response in diagnosing of issue and beginning of repair process. Siemens may provide temporary replacement from back- stock, if available. Siemens does not include back -stock equipment as part of this service. All afterhours and weekend services are covered under this agreement, when required. Siemens reserves the right to determine between emergency and urgent request nature of all calls, under this agreement. Systems Integrity/ Compliance Monitoring and Diagnostic Reporting: Siemens to provide real - time 2417 monitoring of system components (servers and storage, core network and edge network components). Health monitoring of system is critical to the maintenance of State mandated archiving requirements. Siemens utilizes network monitoring to maintain reliability, uptime, optimized configurations of hardware and software, and for diagnostic reporting that reduces life cycle costs to the system. Video Archiving Warranty: Siemens to provide required storage for maintaining compliance with California Government Code 34090.6. Increase in storage will be managed by Siemens on project by project basis. Diagnostic Reporting will provide data reports in support of storage calculations on quarterly basis and will be presented to SAPD system manager. SOW Page 12 25F -14 SIEMENS Michael Dietsch Enterprise ACcount Executive Southern California • Siemens pricing assumes execution of preventative maintenance and cleaning services to be performed during normal business hours. • Siemens excludes all equipment not supplied and installed by Siemens, unless explicitly stated in this scope of work. Such items may include (but not limited to) Cisco Network Switches provided by others, Promise storage arrays, servers and workstations not included in coverage material list. Siemens has extended warranty on Siemens supplied equipment. • Siemens' Integrityl Compliance Monitoring and Diagnostic Reporting service is provided utilizing Siemens' cloud -based services. All software and hardware is maintained by Siemens. - Siemens excludes all foliage control, as may be required for radio communication. - All permits and submittals to city, or local AHJ, are by others and excluded from this scope of work. Siemens maintains HP OEM Partner status, Milestone Platinum Partner status and Cisco Gold Certified status. Service and maintenance is executed by appropriately trained service engineers. • Storage Expansion Equipment per Siemens Proposal# 052215- 09434 -0278. Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including parts acquisition or project mobilization. Base Services Program (expiring May 31, 2015); $ 66,360.00 Services Escalation (4 %): $ 2,654,00 New Services and Coverage; $105,900.OD Hiperwall Software Maintenance Agreement $ 4,300.00 lliperwcdl equipment wurmnty (repalr &replace); $10,810.00 SoreviewSMA (includes lapsed coveragefromNov2014 ): $16,100.00 Milestone SUP increases: $1,200.00 Siemens Program Managementand Coverage Expansion: $9,490.00 Storage Expansion Hardware and services: $64,000.00 City of Santa Ana Security and Surveillance Maintenance Services Agreement (June 1, 2015 through May 31, 2016) .............. ............................... ....$ 174,914.00 .......................... SOW Page 13 25F -15 Exhibit B Sample Additional Insured Endorsement 25F -16 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Insured Countersigned by Authorized Representative 25F -17 25F -18