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HomeMy WebLinkAbout25C - AGMT - PD CAR COMPUTERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2016 TITLE: AGREEMENT WITH CDCE, INC. TO PROVIDE IN -CAR COMPUTERS FOR THE POLICE DEPARTMENT (RFP. NO.16-122) (STRATEGIC PLAN NO. 1,2C) CITY MANAGLOR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :7.00 EJ As Recommended [_71 As Amended 171 Ordinance on 14'Reading F1 Ordinance on 2nnReading ® Implementing Resolution El Set Public Hearing For CONTINUED TO 511111WI11I1i1414 Authorize the City Manager and Clerk of the Council to execute a five-year agreement with CDCE Inc, for the purchase, installation, and support of mobile computer equipment for the Police Department, commencing December 7, 2016, in an amount not to exceed $1,097,771.56, and an additional $75,000 contingency totaling $1,172,771.56, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department relies heavily on computer equipment in the field. Mobile computers enable officers to efficiently respond to calls for service from the community; enhance officer safety and communication; and promote transparency and accountability. However, the Police Department's fleet of mobile computers is severely outdated. The current equipment was installed approximately nine years ago. It is unable to run modern operating systems and meet federal security guidelines. It is not optimized for the new computer aided dispatch software that the City plans to implement in March of next year. Further, the outdated equipment prevents officers from using modern computer tools currently available for use in public safety. This need was so significant that it was explicitly included in the City's Strategic Plan under Goal 1, Strategy 2C. To address this need, the Police Department formed a committee in 2015 comprised of field personnel and information technology staff to evaluate the various rugged mobile computer devices available in the market. The committee considered the form, capacity, and expandability of the numerous computer options. Upon completing its assessment, the committee selected the Getac V110 convertible tablet as the core device of the new system. The selected equipment is readily available through numerous distributors. Therefore, the City released a Request For Proposals (RFP 16-122) on October 3, 2016 seeking vendors to provide specific computer equipment as well as installation services. 25C-1 Agreement with CDCE, Inc. for Mobile Computer Equipment December 6, 2016 Page 2 The City received three (3) proposals for the project. A subset of the original committee was appointed to rate the proposals. The proposals from each vendor were rated as follows: Firm/Team ll Team nderstand Refere_n_ces_ Cost Totals 45 7 - -109 29 56 13 118 L 106 328 155 The evaluation committee recommends that the City enter into an agreement with CDCE for the following reasons: • Most comprehensive installation plan • Best warranty on the installation work • Strongest references • Lowest cost Although the equipment delivery and installation should be complete within three months of signing the agreement, the purchase includes a three (3) year warranty on the installation services and warranties on the equipment ranging from 3-5 years (depending on the component). Therefore, the Police Department proposes to enter into a five-year agreement with CDCE, Inc. for the purchase and support of the mobile computer equipment. The agreement includes a base agreement amount of $1,097,771.56 and a $75,000 contingency to be used for unanticipated equipment and work at the City's sole discretion, for a total five-year agreement amount of $1,172,771.56. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2, (Broaden communications, information sharing and community awareness of public safety activities), Strategy C (Purchase and install new in -car computers in patrol vehicles to facilitate enhanced information sharing and timely police response). FISCAL IMPACT Funds in the amount of $1,172,771.56 for the purchase, installation, and maintenance contract are available in the Equitable Sharing — Department of Justice contract services account (no. 16614450 62300) in the following fiscal years as follows: FY 2016-17 $1,172,771.56 25C-2 Agreement with CDCE, December 6, 2016 Page 3 Carlos Rojas Chief of Police Police Department Inc. for Mobile Computer Equipment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrezu, Executive Director Finance and Management Services Agency 25C-3 25C-4 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 6th day of December, 2016 by and between CDCE, Inc., a California 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 installation of mobile data computers ("MDC") and maintenance of the equipment. City issued a Request for Proposal for purchase and installation of MDCs on October 3, 2016, RFP No. 16- 122. Consultant submitted a proposal dated October 14, 2016 in response to RFP No. 16-122. Consultant was selected as the most qualified proposal and represents that Consultant is able and willing to provide such services as outlined in its proposal 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 a. Consultant shall provide MDCs and equipment as specified in Exhibit A; b. Consultant shall install MDCs and equipment as specified in Exhibit B and c. Consultant shall warranty MDCs and equipment as specified in Exhibit C. 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 D. The base cost of the Agreement will be $1,097,771.56 plus a $75,000 contingency to be used as the City's sole discretion. The total sum to be expended under this Agreement shall not exceed $1,172,771.56 during the term of this Agreement. b. Payment will be made pursuant to payment milestones as follows: 1) Order of Equipment -33% of base cost of Agreement; 2) Approval of First Crown Victoria Installation -33% of base cost of Agreement; and 3) Completion of Equipment Installations -34% of base cost of Agreement. C. 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. 25C-5 3. TERM This Agreement shall commence on the date first written above and terminate on February 17, 2021 or five (5) years after the parties sign off on the installation of equipment in the last vehicle whichever is later, unless terminated earlier in accordance with Section 15, below. 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 the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. 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. S. 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 E upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, 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. 25C-6 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: (i) Consultant 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 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. 25C-7 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. 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. This section shall survive the term of this Agreement. 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: 25C-8 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-) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Mr. Brian Solomon, Vice President COCE, Inc. 22641 Old Canal Road Yorba Linda, California 92887 Fax 714-282-1501 BSolomon@cdce.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. 25C-9 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 Chief of Police may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product 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. 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. 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below 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, 25C-10 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 hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council 127-000� SONIA R. CARVALHO City Attorney By: At Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: CONSULTANT-CDCE, INC. CARLOS ROJAS Brian Solomon Chief of Police Vice President Tax ID# 25C-11 'T&T..Dw- PURCHASE OF MOBILE DATA COMPUTERS AND EQUIPMENT 25C-12 I. Equipment Specifications 10 computer The computer will have the following specifications: V110 generation 3, i7 - 6500U processor, sunlight readable 11.6" touch -screen LCD with webcam, Windows 10 Professional 64-bit, 16GB RAM, 256GB SSD, membrane backlit keyboard, biometric fingerprint reader, rear 8MP camera, Wi-Fi, Bluetooth, internal Gobi WAN modem for Verizon LTE, hard handle, integrated mag - stripe and barcode reader, RFID reader, dual batteries. It should be noted that the integrated mag-stripe/barcode reader is a new option for the V110. Please contact the manufacturer regarding its availability. The computers will include an extended warranty that enhances the standard 3 -year "bumper -to -bumper" warranty by extending it to 5 years. In addition, the purchase includes the optional custom branding of the V11O's by adding a factory applied color logo onto the lid of the computers. City staff will apply a software image to the computers and prepare them for use. Only the procurement and physical installation of the computers are included in this RFP. htto://us,aetac.com/notebooks/Vl 10/features.html Getac Office Dock The required desktop dock is manufactured by Getac and will allow full desktop ports for network connections and peripherals. No installation services are associated with these devices. hftt)://us.aetac.com/notebooks/Vl 10/accessories.htmI !Key rugged The specific [Key keyboard is a rugged, backlit 88 -key keyboard that includes keyboard an "Emergency" key and integrated USB ports. htt�://www..ike l.Com! roduct/ik-t -86-911-t / Gamber Johnson The required vehicle dock includes port replication but NOT pass-through vehicle dock for V110 antenna connectors. The vehicle docks to be installed vertically so that the Getac V110 convertible laptop is installed in "tablet mode" wherein the integrated keyboard is folded behind the screen. Further, the City requires the most current vehicle dock available from Gamber Johnson for docking the V110 vertically. This dock may require a separate power connector to connect to the vehicle's 12 -volt DC electrical system. The computer dock will be mounted to the dashboard of the vehicle. In cases where an existing MDC is already in the vehicle, the installation will include the removal of the existing MDC. The dock will need to be attached to the existing mounting hardware already installed in these vehicles. In cases where there is no current MDC installed, the selected vendor will provide the necessary mounting hardware and perform any required vehicle interior modifications. The final installation will securely mount the dock to the dashboard in such a fashion as to effectively balance windshield visibility; usability of the new MDC; and access to vehicle controls such as climate control and AM/FM radio. The dock will be mounted in such a way as to allow for horizontal adjustment by end-users to allow either the driver or the front passenger to effectively view and use the computer. In addition, the 25C-13 installation will effectively balance the need to adjust the MDC horizontally with the need for the MDC to maintain its position. In vehicles requiring a new installation where mounting on the dashboard is not feasible (e.g. Chevy Spark), the dock will be mounted horizontally in "laptop mode". The proposal will include mounting solutions for these types of vehicles. Gamber Johnson The required keyboard tray will allow the keyboard to be removed from the keyboard tray/mount mount and hang from the steering wheel by tabs on the corners of the tray. The selected vendor will provide any hardware necessary to attach the Key keyboard to the keyboard tray. The required mount will allow the keyboard to be rotated horizontally as well as allow adjustment of the vertical tilt angle of the keyboard. The keyboard mount and tray to be installed onto the center console of the vehicle where one exists. If the specific vehicle does not have a suitable center console, other mounting arrangements will need to be made. Once installed, the keyboard will be usable by either the driver or the front passenger while secured in its mount. The position of the keyboard must be able to be easily changed by users, but maintain its position through the vibrations and forces associated with driving a vehicle. Cradlepoint mobile The specific mobile router is a ruggedized model that can connect to the City's router current cellular service provider, Verizon, via either 3G or LTE data paths. The router will be capable of functioning as a secure mobile hotspot as well as allowing for Ethernet connections. The router will be able to handle communication for cellular WAN, W[ -FI (802.11 a/b/g/n/ac), and GPS. The purchase includes five years of coverage by Cradlepoint's CradleCare Prime warranty as well as a 5 -year subscription to Cradlepoint's Enterprise Cloud Manager (ECM) at the Prime level. The mobile router will be installed in the trunk of the vehicle, typically on an existing, sliding equipment tray. In most cases, the router will replace an existing Sierra Wireless PinPointX-series mobile modem. In these cases, the existing PinPointX will be removed as part of the installation. Further, the PinPointX modems are installed within secure metal boxes. The metal boxes will be removed prior to the installation of the new router. The router will be secured directly to the equipment tray similar to the other equipment installed there (e.g. police radio receivers, etc.). The selected vendor will make other appropriate arrangements to install the mobile router securely in vehicles that do not currently have this equipment. In vehicles equipped with an electrical power timer, the mobile router will be installed with a constant power connection to power the device. The ignition lead for the router will be connected to the electrical power timer. This is to ensure that the router powers down when the timer shuts down the other 25C-14 electrical components in the vehicle, but that it has power supplied to it to allow a soft shutdown (as opposed to a hard shut down where the power to the device is immediately cut without warning and the router's internal software is unable to shut down properly). https://cradlepoint.com/oroducts/cor-ibrl 100 -series Panorama "Great The selected antenna is circular, measuring 6.7 inches in diameter and 2.4 White" Antenna inches in height. It has five (5) leads coming out of it, allowing for the flow of cellular, Wi-Fi, and GPS data. Although the City has generally selected the antenna in the white housing, three vehicles will require black antennas. The antenna will be installed on the roof of the vehicle with the leads from the antenna passing down from the bottom of the antenna through the roof of the vehicle. Once installed, the antenna will be secured so as to not allow lateral, rotational, or vertical movement. Any openings made or used to install the antenna will be made weathertight in such a fashion as to ensure they remain weathertight throughout the expected life of the antenna. In cases where an existing antenna is already installed in an appropriate installation site, the installation will include removing the existing antenna and reusing the existing opening for the new antenna. If no appropriate opening exists, the installation will include creating an opening in the vehicle roof. In either case, the selected vendor will ensure that the new antenna is positioned so that it minimizes any interference with other antennas remaining on the roof of the vehicle as well as maximizes the performance of the new antenna. Any antennas currently installed on the vehicle that are made superfluous by the new antenna will be removed as part of the installation. If the removal of the superfluous antenna leaves an opening in the vehicle body (either roof or trunk), the work will include the installation of a weathertight plug to seal the opening. When the installation is complete, the leads will be run securely and unobtrusively through the vehicle and back to the trunk, where they will be connected to the new mobile router. 25C-15 il. Equipment Amount Item Description QTY A Getac V110 Mobile Computer (VE4ITDKAIF9S) 145 B Getac Desktop Dock for V110 (GDOFU4) 27 C iKey Rugged Keyboard (TK -TR -911 -RED) 145 D Gamber-Johnson Vehicle Dock for Getac V110 Port replication but no pass-through 7170-0242 135 E Gamber-Johnson Keyboard Tray (7160-0498) 135 F Gamber-Johnson Keyboard Clevis Mount 7110-1008 135 G Cradlepoint Mobile Router IBR1100LPE-VZ 135 H Panorama "Great White" Antenna in white housing XK-IN-19-58-W 1kit with LGMM-7-27-24-58 antenna 127 Miscellaneous parts (e.g. brackets, cabling, fasteners, adhesives, wi2g harnesses, etc. A Getac 5 -Year Extended No -Fault Warranty GE-SVTBNFXSY 145 B Cradlepoint CradleCare Prime ¢ ECM Prime bundle 5 Years ECM-PRM-CCSYR 195 A Complete Equipment Installation in Vehicle 135 A Getac Factory Applied Color Graphic/Logo V-CUSTOMLOGOGTK 145 * Note: This Getac SKU number is for a specific configuration including: V110G3, i7-65000, sunlight readable 11.6" touch -screen LCD with webcam, Windows 10 Professional 64-bit, 16GB RAM, 256GS SSD, membrane backlit keyboard, biometric fingerprint reader, rear 8MP camera, Wi-Fi, Bluetooth, internal Gobi WAN modem for Verizon LTE, hard handle, integrated mag -stripe and barcode reader, RFID reader, dual batteries 25C-16 INSTALLATION OF MOBILE DATA COMPUTERS AND EQUIPMENT 25C-17 Timeline for Installation Due dates are from the date the agreement is signed by all parties and in effect, including all required insurance documents. Order the equipment needed for the project. The City will require evidence that required equipment has been ordered. If any equipment has not been ordered, Consultant will detail which equipment has not been ordered; the reason for the delay; and the plan for getting the equipment onsite before it is needed for installation. Finalize the implementation plan including input and approval of City staff. This plan should include logistical issues such as where the installations will physically take place; schedule of vehicles getting equipment installed; schedule of installation staff performing the installation; etc. Begin installation of the equipment in the vehicles. Note: hardware installation for Key Vehicles must be completed within four (4) weeks of delivery of the Getac V110 computers. City will identify these Key Vehicles, of which there will be no more than 110 and all will be equipped with existing mounts and cabling. Complete the installation of all hardware. Vehicle Specifications for Installation 1 week 4 weeks 5 weeks 12 weeks The following are the vehicle models and quantities involved in this project including how many currently have MDC's installed with related mounting hardware and cabling: Chevrolet Express 3500 L004—;;eUUO Chevrolet 5-10 2000 Chevrolet Spark 2015 Chevrolet Suburban 2008 Chevrolet Tahoe 1859 —2007 Dodge Magnum 2006 —2008 Ford Crown Victoria 2004 —2014 Ford Escape 2008 Ford Explorer 2014— 2017 Ford F250 2015 —2016 Ford F650 2009 Ford Ranger 2005 Ford Taurus 2015 GMC F2500 2003 Miscellaneous IIL Installation Location 0 3 1 0 3 .1 5 0 73 4 4 0 11 2 6 0 1 0 All equipment is to be installed onsite at the Santa Ana Police Department located at 60 Civic Center Plaza, Santa Ana, CA 92701. Installation dates, times, and specific location within the Department will be subject to the approval of Chief of Police and/or his designee. 25C-18 IV. Eaujoment Deliver All equipment with the exception of the Getac V110 computers and Cradlepoint mobile routers is to be delivered to Consultant's facility. Consultant will be responsible for receiving the equipment from the various sources. Consultant will then deliver equipment as needed for installation to the Santa Ana Police Department located at 60 Civic Center Plaza, Santa Ana, CA 92701, The Getac V110 computers and Cradlepoint mobile routers will be delivered directly from the manufacturers to the Santa Ana Police Department located at 60 Civic Center Plaza, Santa Ana, CA 92701. City staff will be responsible for receiving this equipment from the shipping company, The equipment shall be delivered as soon as possible so that they may be prepared by City staff. V. Project Kick -Off Meeting After award of the Agreement, within one (1) week, a project kick-off meeting will be held with all of the stakeholders from Consultant and City to come up with an initial schedule and tasks that will be required to complete the project within the required six week time frame. VI. Vehicle Specific Statement of Work. Wiring Plan. and Wireless Communication Test Procedure Within two (2) weeks, Consultant will conduct site surveys and will create a statement of work ("SOW") for each specific fleet vehicle designated for this project. The SOW details the vehicle type, hardware mounting locations, equipment configuration, and other necessary instructions outlining the work to be performed for the City to review and communicate any desired changes. City will provide staff to participate in the site surveys who are empowered to make installation design decisions. Consultant will also create vehicle specific wiring plans for each make of vehicle for City to review and communicate any desired changes. Consultant and City will discuss and mutually agree upon a wireless communications test procedure. VII. Securitv Comoliance Any and all of Consultant's employees will undergo a security/background check as specified by City. Within two (2) weeks of this agreement becoming effective, Consultant will provide personal identifying information for all personnel that will be working onsite at the Santa Ana Police Department during the initial installation process to the Backgrounds Unit of the Santa Ana Police Department. City will complete security/background checks prior to the scheduled beginning of installation. In the case that any of Consultant's personnel fail the security/background check, City will notify Consultant at least one week prior to the beginning of installation work so that Consultant can make other staffing arrangements. All Consultant's employees will check in upon arrival and will follow all City and Santa Ana Police Department rules and regulations. VIII. Installation Prior to installation work on the vehicles, Consultant's technicians will conduct a pre -inspection check of the vehicle interior and exterior conditions and document any preexisting damage. Consultant's technicians will take extra measures to guarantee that wires are connected using the most reliable methods of ensuring positive circuit contract for long-term dependability. All considerations will be taken by Consultant to ensure wires/cables are routed along proper paths or channels that offer the most protection and also address tension relief to avoid potential disconnects or breakage. Wires/cables routed through the vehicles 25C-19 sheet metal will be protected with rubber grommets. Consultant's wire and cable installations are finalized with OEM grade split loom (where necessary) and grouped securely with wire ties along routing paths. IX. Vehicle Installation Sign Off Once equipment has been installed by Consultant in a City vehicle, the Chief of Police or his designee will review the completed vehicle installation and if done to the City's specifications, will sign off on the vehicle installation in writing. The vehicle inspection shall conduct a visual inspection of the interior and exterior of the vehicle and verifying that installation was done pursuant to the previously provided vehicle specific SOW, wiring plan, and wireless communication test procedure. If City determines that the installation does not meet the City's specifications, City will give written notice to the Consultant. Consultant and City will agree upon a timeline not to exceed two (2) weeks in which to complete the installation to the City's specifications. 25C-20 WARRANTY PROVISIONS OF MOBILE DATA TERMINALS AND EQUIPMENT 25C-21 Warranty Descriptions Product/Service Warranty Period Warran!y Coverage Getac V110 Computer 3 years Standard Getac Bumper -to -Bumper (No Fault) Warranty + Year 4 & 5 warranty covers defects in Extended materials and workmanship under normal use and damage that occurs due to accidental acts and exposure to environmental conditions. "rhe LCD, hard drive, motherboard, and keyboard are limited to one repair/replacement per unit per year for damn a �Getac Office Dock 1 year standard Covers defects in workmanship or materials iKey Keyboard 1 year standard Covers defects in workmanshipp or materials Gamber Johnson Mounting Lifetime Warranty Covers defects in materials and Hardware workmanship for all non- electronic products Cradlepoint Router 1 year Standard + Year 2-5 Covers defects in materials and Extended _ workmanship_ Panorama Antenna 1 year standard Covers defects in materials and workmanship CDCE Installation Service 3 year standard See CDCE 3 -Year Service and Maintenance Agreement _ II. CDCE 3 Year Service and Maintenance Agreement A. Coverage All installation parts and work will be repaired at no -cost as part of this maintenance agreement for a period of three (3) years from the date of installation. Installation parts include, but are not limited to, wiring, cable management equipment, weatherproofing materials, and fasteners. 1. Repairs to purchased components (i.e. Getac computer, Gamber Johnson equipment, Cradlepoint router, and Panorama antenna) will be handled in accordance with the warranties for those specific components, Removal and replacement of purchased components for warranty repairs are included as part of this maintenance agreement. 2. Repairs of damage effecting the installation work and parts resulting from malicious actions are excluded from this warranty. 3. Repairs of damage caused by parties servicing the equipment besides Consultant are also excluded from this warranty. 25C-22 4. In the case that Consultant's personnel respond to make a repair in accordance with II.B.1. and the damage is determined to be excluded from the warranty per II.A.2 or II.A.3, then the service call shall be billable to the City on a Time and Materials basis at a rate of $95.00 per hour. If the vehicle is taken to Consultant's installation and repair center in Yorba Linda by City staff, there will be no charge for inspecting the vehicle to determine if the repair is covered under the warranty. B. Service Procedures 1. Next -Day On -Site Service Next -Day On -Site Service is provided, at no additional cost to the City. Consultant's in-house support desk and dispatch will ensure that trouble tickets are handled efficiently and the proper personnel and equipment are at City's location for repairs when needed. 2. In -House Su000rt Help Desk For service call (714) 386-3345 (M -F 7:30 a.m. and 4:30 p.m. PST) or via email supparta( 7cdce.com 3. Same -Day Depot Service Depot service is an appointment based, same day service in which emergency or convenience issues can be handled at Consultant's installation and repair center in Yorba Linda. Equipment Warranties A. MDC Repair: 1) Contact Getac directly at (866) 394-3822 (24/7) 2) Email: GetacSupport US(ci)getac.com 3) Getac Customer Portal Website B. Mobile Router Repair: Cradlepoint COR IBR1100 Series hardware issues, contact Cradlepoint directly at (855) 813-3385 (24/7) 25C-23 FEE SCHEDULE 25C-24 Equipment Description Quantity Unit Cost Subtotal __Quantity_Unit Getac 5 -Year Getac V110 Mobile 145 $4,140.00 $600,300.00 Computer VE4ITDKAIF9S Getac Desktop 27 $286.00 $7,722.00 Dock for V110 GDOFU4 iKey Rugged 145 $298.00 $43,210.00 Keyboard (IK -TR - 911 -RED) Gamber-Johnson 135 $570.00 $76,950.00 Vehicle Dock for Getac V110 Port Replication but no pass-through 7170-0242 Gamber-Johnson 135 $87.00 $11,745.00 Keyboard Tray 7160-0498 Gamber-Johnson 135 $33.00 $4,455.00 Keyboard Clevis Mount 7110-1008) Cradlepoint Mobile 135 $712.00 $96,120.00 Router IBR1100LPE-VZ Panorama "Great 127 $235.00 $29,845.00 _ �W White" Antenna in white housing (XK- IN-19-58-W (kit with LGMM-7-27- 24-58 antenna — -- —.�— Miscellaneous 135 $10.00 $1,350.00 parts (e.g. brackets, cabling, fasteners, adhesives, wiring harnesses, etc. $871,697.00 Warranties/Support Services Descri tion Cost Subtotal — Total __Quantity_Unit Getac 5 -Year 145 $502,00 $72,790.00 Extended No -Fault Warranty (GE- SVTBNFX5Y� 25C-25 Cradlepoint 135 $274.00 $36,990.00 Total CradleCare Prime + 135 $295.00 $39,825.00 $70,234.56 ECM Prime 5 Year $1,097,779.56 Bundle (ECM-PRM- CC5YR)_ CDCE 3 Year _ Included Included $109,780.00 III. Installation Services Desai tion Quantit Unit Cost Subtotal Total Complete 135 $295.00 $39,825.00 $70,234.56 Equipment $1,097,779.56 Installation in Vehicle CDCE 3 Year _ Included Included Service & Maintenance A reement �_ $39,825.00 IV. Options Getac Factory Applied Calor Graphic/Logo (V-CUSTOMLOGOGTK), quantity -145, $43.00 each, total cost $6,235.00 V. Total Costs Equipment $871,697.00 i _ Warranties _ _ $109,780.00 Installation $39,825.00 Options _v $6,235.00 Tax $70,234.56 Total. $1,097,779.56 25C-26 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 Named Insured Countersigned by Authorized Representative 25C-27 25C-28 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 6th day of December, 2016 by and between CDCE, Inc., a California 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 installation of mobile data computers ("MDC") and maintenance of the equipment. City issued a Request for Proposal for purchase and installation of MDCs on October 3, 2016, RFP No. 16- 122. B. Consultant submitted a proposal dated October 14, 2016 in response to RFP No. 16-122. Consultant was selected as the most qualified proposal and represents that Consultant is able and willing to provide such services as outlined In its proposal 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 a. Consultant shall provide MDCs and equipment as specified in Exhibit A; b. Consultant shall install MDCs and equipment as specified in Exhibit Band c. Consultant shall warranty MDCs and equipment as specified in Exhibit C. 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 D. The base cost of the Agreement will be $1,097,771.56 plus a $75,000 contingency to be used as the City's sole discretion. The total sum to be expended under this Agreement shall not exceed $1,172,771.56 during the term of this Agreement. b. Payment will be made pursuant to payment milestones as follows: 1) Order of Equipment -33% of base cost of Agreement; 2) Approval of First Crown Victoria Installation -33% of base cost of Agreement; and 3) Completion of Equipment Installations -34% of base cost of Agreement. c. 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. 25C-29 3. TERM This Agreement shall commence on the date first written above and terminate on February 17, 2021 or five (5) years after the parties sign off on the installation of equipment in the last vehicle whichever is later, unless terminated earlier in accordance with Section 15, below. 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 the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. 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. B. 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 E upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, 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. 25C-30 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: (i) Consultant 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 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. 02 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. 25C-31 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. 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. This section shall survive the term of this Agreement. 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: 25C-32 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: OR Chief of Police City of Santa Ana 60 Civic Center Plaza (M-) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Mr. Brian Solomon, Vice President CDCE, Inc. 22641 Old Canal Road Yorba Linda, California 92887 Fax 714-282-1501 SSolomon@cdce.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. 25C-33 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: a. As a condition of such payment, the Chief of Police may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product 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. 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below 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, 25C-34 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 hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. ` Laura A. Rossini Senior Assistant City Attorney I2 9 •uu_►RI_B •- 0 CARLOS ROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT-CDCE, INC. Brian Solomon Vice President WUM3 25C-35 EXHIBIT A PURCHASE OF MOBILE DATA COMPUTERS AND EQUIPMENT 25C-36 I. Equipment Specifications The computer will have the following specifications: V110 generation 3, i7 - 6500U processor, sunlight readable 11.6" touch -screen LCD with webcam, Windows 10 Professional 64-bit, 16GB RAM, 256GB SSD, membrane backlit keyboard, biometric fingerprint reader, rear 8MP camera, Wi-Fi, Bluetooth, internal Gobi WAN modem for Verizon LTE, hard handle, integrated mag - stripe and barcode reader, RFID reader, dual batteries. It should be noted that the integrated mag-stripe/barcode reader is a new option for the V110. Please contact the manufacturer regarding its availability. The computers will include an extended warranty that enhances the standard 3 -year "bumper -to -bumper" warranty by extending it to 5 years. In addition, the purchase includes the optional custom branding of the V11O's by adding a factory applied color logo onto the lid of the computers. City staff will apply a software image to the computers and prepare them for use. Only the procurement and physical installation of the computers are included in this RFP. htt :!lus. etaa.cominoteboaksN1101f atures.htmi Getac Office Dock The required desktop dock is manufactured by Getac and will allow full desktop ports for network connections and peripherals. No installation services are associated with these devices. http://us.getac.com/notebooks/V110/accessories htmI Key rugged The specific Key keyboard is a rugged, backlit 88 -key keyboard that includes keyboard an "Emergency" key and integrated USB ports. htt :(iwww.ike .coml roducttik-tr-88-911-t GamberJohnson The required vehicle dock includes port replication but NOT pass-through vehicle dock for V110 antenna connectors. The vehicle docks to be installed vertically so that the Getac V110 convertible laptop is installed in "tablet mode" wherein the integrated keyboard is folded behind the screen. Further, the City requires the most current vehicle dock available from Gamber Johnson for docking the V110 vertically. This dock may require a separate power connector to connect to the vehicle's 12 -volt DC electrical system. The computer dock will be mounted to the dashboard of the vehicle. In cases where an existing MDC is already in the vehicle, the installation will include the removal of the existing MDC. The dock will need to be attached to the existing mounting hardware already installed in these vehicles. In cases where there is no current MDC installed, the selected vendor will provide the necessary mounting hardware and perform any required vehicle interior modifications. The final installation will securely mount the dock to the dashboard in such a fashion as to effectively balance windshield visibility; usability of the new MDC; and access to vehicle controls such as climate control and AM/FM radio. The dock will be mounted in such a way as to allow for horizontal adjustment by end-users to allow either the driver or the front passenger to effectively view and use the computer. In addition, the 25C-37 installation will effectively balance the need to adjust the MDC horizontally with the need for the MDC to maintain its position. In vehicles requiring a new installation where mounting on the dashboard is not feasible (e.g. Chevy Spark), the dock will be mounted horizontally in "laptop mode". The proposal will include mounting solutions for these types of vehicles. Gamber Johnson The required keyboard tray will allow the keyboard to be removed from the keyboard tray/mount mount and hang from the steering wheel by tabs on the corners of the tray. The selected vendor will provide any hardware necessary to attach the Key keyboard to the keyboard tray. The required mount will allow the keyboard to be rotated horizontally as well as allow adjustment of the vertical tilt angle of the keyboard. The keyboard mount and tray to be installed onto the center console of the vehicle where one exists. If the specific vehicle does not have a suitable center console, other mounting arrangements will need to be made. Once installed, the keyboard will be usable by either the driver or the front passenger while secured in its mount. The position of the keyboard must be able to be easily changed by users, but maintain its position through the vibrations and forces associated with driving a vehicle. Cradlepoint mobile The specific mobile router is a ruggedized model that can connect to the City's router current cellular service provider, Verizon, via either 3G or LTE data paths. The router will be capable of functioning as a secure mobile hotspot as well as allowing for Ethernet connections. The router will be able to handle communication for cellular WAN, WI-Fi (862.11 a/b/g/n/ac), and GPS. The purchase includes five years of coverage by Cradlepoint's CradleCare Prime warranty as well as a 5 -year subscription to Cradlepoint's Enterprise Cloud Manager (ECM) at the Prime level. The mobile router will be installed in the trunk of the vehicle, typically on an existing, sliding equipment tray. In most cases, the router will replace an existing Sierra Wireless PinPointX-series mobile modem. In these cases, the existing PinPointX will be removed as part of the installation. Further, the PinPointX modems are installed within secure metal boxes. The metal boxes will be removed prior to the installation of the new router. The router will be secured directly to the equipment tray similar to the other equipment installed there (e.g. police radio receivers, etc.). The selected vendor will make other appropriate arrangements to install the mobile router securely in vehicles that do not currently have this equipment. In vehicles equipped with an electrical power timer, the mobile router will be installed with a constant power connection to power the device. The ignition lead for the router will be connected to the electrical power timer. This is to ensure that the router powers down when the timer shuts down the other 25C-38 electrical components in the vehicle, but that it has power supplied to it to allow a soft shutdown (as opposed to a hard shut down where the power to the device is immediately cut without warning and the router's internal software is unable to shut down properly). httos://crad leooint.com/oroducts/cor-ibr1100-series Panorama "Great The selected antenna is circular, measuring 6.7 inches in diameter and 2.4 White" Antenna inches in height It has five (5) leads coming out of it, allowing for the flow of cellular, WI -Pi, and GPS data. Although the City has generally selected the antenna in the white housing, three vehicles will require black antennas. The antenna will be installed on the roof of the vehicle with the leads from the antenna passing down from the bottom of the antenna through the roof of the vehicle. Once installed, the antenna will be secured so as to not allow lateral, rotational, or vertical movement. Any openings made or used to install the antenna will be made weathertight in such a fashion as to ensure they remain weathertight throughout the expected life of the antenna. In cases where an existing antenna is already installed in an appropriate installation site, the installation will include removing the existing antenna and reusing the existing opening for the new antenna. If no appropriate opening exists, the installation will include creating an opening in the vehicle roof. In either case, the selected vendor will ensure that the new antenna is positioned so that it minimizes any interference with other antennas remaining on the roof of the vehicle as well as maximizes the performance of the new antenna. Any antennas currently installed on the vehicle that are made superfluous by the new antenna will be removed as part of the installation. If the removal of the superfluous antenna leaves an opening in the vehicle body (either roof or trunk), the work will include the installation of a weathertight plug to seal the opening. When the installation is complete, the leads will be run securely and unobtrusively through the vehicle and back to the trunk, where they will be connected to the new mobile router. 25C-39 II. Equipment Amount Item Description QTY A Getac V110 Mobile Computer (VE4ITDKAIF9S) 145 B Getac Desktop Dock for V110 (GDOFU4) 27 C iKey Rugged Keyboard (TK -TR -911 -RED) 145 D Gamber-Johnson Vehicle Dock for Getac V110 Port replication but no ass-throu h 7170-0242 135 E Gamber-Johnson Keyboard Tray (7160-0498) 135 F Gamber-Johnson Keyboard Clevis Mount 7110-1008 135 G Cradlepoint Mobile Router IBR1100LPE-VZ 135 H Panorama "Great White" Antenna in white housing XK-IN-19-58-W kit with LGMM-7-27-24-58 antenna 127 Miscellaneous parts (e.g, brackets, cabling, fasteners, adhesives, wiring harnesses, etc. A Getac 5 -Year Extended No -Fault Warranty GE-SVTSNFX5Y 145 B Cradlepoint CradleCare Prime + ECM Prime bundle 5 Years ECM-PRM-CCSYR 135 A Complete Equipment Installation in Vehicle 135 A Getac Factory Applied Calor Graphic/Logo V-CUSTOMLOGOGTK 145 * Note: This Getac SKU number is for a specific configuration including: V110G3, i7-65000, sunlight readable 11.6" touch -screen LCD with webcam, Windows 10 Professional 64-bit, 16GB RAM, 256GB SSD, membrane backlit keyboard, biometric fingerprint reader, rear 8MP camera, Wi-Fi, Bluetooth, internal Gobi WAN modem for Verizon LTE, hard handle, integrated mag -stripe and barcode reader, RFID reader, dual batteries 25C-40 INSTALLATION OF MOBILE DATA COMPUTERS AND EQUIPMENT 25C-41 Timeline for Installation Due dates are from the date the agreement is signed by all parties and in effect, including all required insurance documents. Order the equipment needed for the project. The City will require evidence that required equipment has been ordered. If any equipment has not been ordered, Consultant will detail which equipment has not been ordered; the reason for the delay; and the plan for getting the equipment onsite before it is needed for installation. Finalize the implementation plan including input and approval of City staff. This plan should include logistical issues such as where the installations will physically take place; schedule of vehicles getting equipment installed; schedule of installation staff performing the installation; etc. Begin installation of the equipment in the vehicles. Note: hardware installation for Key Vehicles must be completed within four (4) weeks of delivery of the Getac V110 computers. City will identify these Key Vehicles, of which there will be no more than 110 and all will be equipped with existing mounts and cabling. Complete the installation of all hardware. Vehicle Specifications for Installation 1 week 4 weeks 5 weeks 12 weeks The following are the vehicle models and quantities involved in this project including how many currently have MDC's installed with related mounting hardware and cabling: Chevrolet Express 3500 2004 —2008 o u Chevrolet 5-10 2000 0 2 Chevrolet Spark 2015 0 3 Chevrolet Suburban 2008 1 0 Chevrolet Tahoe 1999-2007 3 1 Dodge Magnum 2006 —2008 5 0 Ford Crown Victoria 2004 —2014 73 4 Ford Escape 2008 4 0 Ford Explorer 2014— 2017 11 2 Ford F250 2015 —2016 6 0 Ford F650 2009 1 0 Ford Ranger 2005 4 0 Ford Taurus 2015 1 0 GMC F2500 2003 1 0 Miscellaneous 2 1 III. Installation Location All equipment is to be installed onsite at the Santa Ana Police Department located at 60 Civic Center Plaza, Santa Ana, CA 92701. Installation dates, times, and specific location within the Department will be subject to the approval of Chief of Police and/or his designee. 25C-42 IV. Eauioment Deliver All equipment with the exception of the Getac V110 computers and Cradlepoint mobile routers is to be delivered to Consultant's facility. Consultant will be responsible for receiving the equipment from the various sources. Consultant will then deliver equipment as needed for installation to the Santa Ana Police Department located at 60 Civic Center Plaza, Santa Ana, CA 92701. The Getac V110 computers and Cradlepoint mobile routers will be delivered directly from the manufacturers to the Santa Ana Police Department located at 60 Civic Center Plaza, Santa Ana, CA 92701. City staff will be responsible for receiving this equipment from the shipping company. The equipment shall be delivered as soon as possible so that they may be prepared by City staff. V. Project Kick -Off Meeting After award of the Agreement, within one (1) week, a project kick-off meeting will be held with all of the stakeholders from Consultant and City to come up with an initial schedule and tasks that will be required to complete the project within the required six week time frame. VI. Vehicle Specific Statement of Work. Wiring Plan. and Wireless Communication Test Procedure Within two (2) weeks, Consultant will conduct site surveys and will create a statement of work ("SOW") for each specific fleet vehicle designated for this project. The SOW details the vehicle type, hardware mounting locations, equipment configuration, and other necessary instructions outlining the work to be performed for the City to review and communicate any desired changes. City will provide staff to participate in the site surveys who are empowered to make installation design decisions. Consultant will also create vehicle specific wiring plans for each make of vehicle for City to review and communicate any desired changes. Consultant and City will discuss and mutually agree upon a wireless communications test procedure. VII. Securitv Compliance Any and all of Consultant's employees will undergo a security/background check as specified by City. Within two (2) weeks of this agreement becoming effective, Consultant will provide personal identifying information for all personnel that will be working onsite at the Santa Ana Police Department during the initial installation process to the Backgrounds Unit of the Santa Ana Police Department. City will complete security/background checks prior to the scheduled beginning of installation. In the case that any of Consultant's personnel fail the security/background check, City will notify Consultant at least one week prior to the beginning of installation work so that Consultant can make other staffing arrangements. All Consultant's employees will check in upon arrival and will follow all City and Santa Ana Police Department rules and regulations. VIII. Installation Prior to installation work on the vehicles, Consultant's technicians will conduct a pre -inspection check of the vehicle interior and exterior conditions and document any preexisting damage. Consultant's technicians will take extra measures to guarantee that wires are connected using the most reliable methods of ensuring positive circuit contract for long-term dependability. All considerations will be taken by Consultant to ensure wires/cables are routed along proper paths or channels that offer the most protection and also address tension relief to avoid potential disconnects or breakage. Wires/cables routed through the vehicles 25C-43 sheet metal will be protected with rubber grommets. Consultant's wire and cable installations are finalized with OEM grade split loom (where necessary) and grouped securely with wire ties along routing paths. IX. Vehicle Installation Sion Off Once equipment has been installed by Consultant in a City vehicle, the Chief of Police or his designee will review the completed vehicle installation and if done to the City's specifications, will sign off on the vehicle installation in writing. The vehicle inspection shall conduct a visual inspection of the interior and exterior of the vehicle and verifying that installation was done pursuant to the previously provided vehicle specific SOW, wiring plan, and wireless communication test procedure. If City determines that the installation does not meet the City's specifications, City will give written notice to the Consultant. Consultant and City will agree upon a timeline not to exceed two (2) weeks in which to complete the installation to the City's specifications. 25C-44 EXHIBIT C WARRANTY PROVISIONS OF MOBILE DATA TERMINALS AND EQUIPMENT 25C-45 Warranty Descriptions Product/Service Warranty Period Warranty Coverage Getac V110 Computer 3 years Standard Getac Bumper -to -Bumper (No Fault) Warranty + Year 4 & 5 warranty covers defects in Extended materials and workmanship under normal use and damage that occurs due to accidental acts and exposure to environmental conditions. The LCD, hard drive, motherboard, and keyboard are limited to one repair/replacement per unit per year for damage Getac Office Dock 1 year standard Covers defects in workmanship or materials _ iKe_y Keyboard 1 year standard Covers defects in workmanship _ or materials Gamber Johnson Mounting Lifetime Warranty Covers defects in materials and Hardware workmanship for all non- electroniccrroducts Cradlepoint Router 1 year Standard + Year 2-5 Covers defects in materials and Extended _ workmanship Panorama Antenna _ 1 year standard Covers defects in materials and workmanshi CDCE Installation Service 3 year standard See CDCE 3 -Year Service and Maintenance Agreement II. CDCE 3 Year Service and Maintenance Agreement A. Coveraoe All installation parts and work will be repaired at no -cost as part of this maintenance agreement for a period of three (3) years from the date of installation. Installation parts include, but are not limited to, wiring, cable management equipment, weatherproofing materials, and fasteners. 1. Repairs to purchased components (i.a, Getac computer, Gamber Johnson equipment, Cradlepoint router, and Panorama antenna) will be handled in accordance with the warranties for those specific components. Removal and replacement of purchased components for warranty repairs are included as part of this maintenance agreement. 2. Repairs of damage effecting the installation work and parts resulting from malicious actions are excluded from this warranty. 3. Repairs of damage caused by parties servicing the equipment besides Consultant are also excluded from this warranty. 25C-46 In the case that Consultant's personnel respond to make a repair in accordance with II.8.1. and the damage is determined to be excluded from the warranty per II.A.2 or II.A.3, then the service call shall be billable to the City on a Time and Materials basis at a rate of $95.00 per hour. If the vehicle is taken to Consultant's installation and repair center in Yorba Linda by City staff, there will be no charge for inspecting the vehicle to determine if the repair is covered under the warranty. B. Service Procedures 1, Next -Day On -Site Service Next -Day On -Site Service is provided, at no additional cost to the City, Consultant's in-house support desk and dispatch will ensure that trouble tickets are handled efficiently and the proper personnel and equipment are at City's location for repairs when needed. 2. In -House Support Help Desk For service call (714) 386-3345 (M -F 7:30 a.m. and 4:30 p.m. PST) or via email suonort0cdce.com 3. Same-Dav Depot Service Depot service is an appointment based, same day service in which emergency or convenience issues can be handled at Consultant's installation and repair center in Yorba Linda. Equipment Warranties A. MDC Repair: 1) Contact Getac directly at (866) 394-3822 (24/7) 2) Email: GetacSu2portUS(c�getac.com 3) Getac Customer Portal Website B. Mobile Router Repair: Cradlepoint COR IBR1100 Series hardware issues, contact Cradlepoint directly at (855) 813-3385 (24/7) 25C-47 EXHIBIT D FEE SCHEDULE 25C-48 Eouipment Des cri tion Quantity,Unit Cost Subtotal Getac 5 -Year Getac V110 Mobile 145 $4,140.00 $600,300.00 Computer Warranty (GE- VE41TDKAIF9S SVTBNFXSY� -- -- - --- Getac Desktop 27 _ $286.00 $7,722.00 Dock for V110 GDQFU4 iKey Rugged 145 $298.00 $43,210.00 Keyboard (IK -TR - 911 -RED)_ Gamber-Johnson 135 $570.00 _ $76,950.00 Vehicle Dock for Getac V110 Port Replication but no pass-through 7170-0242 Gamber-Johnson 135 $87.00 $11,745.00 Keyboard Tray 7160-0498 Gamber-Johnson 135 $33.00 $4,455.00 Keyboard Clevis Mount 7110-1008 Cradlepoint Mobile 135 $712.00 $96,120.00 Router IBR1100LPE-VZ Panorama "Great 127 $235.00 $29,845.00 White" Antenna in white housing (XK- IN-19-58-W (kit with LGMM-7-27- 24-58 antenna)_ Miscellaneous 135 $10.00 $1,350.00 parts (e.g. brackets, cabling, fasteners, adhesives, wiring harnesses, etc. $871,697.00 Warranties/Support Services Description Quantit Unit Cost Subtotal Total _ Getac 5 -Year _ 145 $502.00 $72,790.00 Extended No -Fault Warranty (GE- SVTBNFXSY� -- -- - --- 25C-49 Cradiepoint 135 $274.00 $36,990.00 Total CradleCare Prime + 135 $295.00 $39,825.00 $70,234.56 ECM Prime 5 Year $1,097,771.56 Bundle (ECM-PRM- CC5YR CDCE 3 Year _ _ Included Included $109,780.00 III. Installation Services Desai tion Quantity Unit Cost Subtotal Total _ _ Complete 135 $295.00 $39,825.00 $70,234.56 Equipment $1,097,771.56 Installation in Vehicle CDCE 3 Year _ _ Included Included Service & Maintenance _Agreement s v $39,825.00 IV. Options Getac Factory Applied Color Graphic/Logo (V-CUSTOMLOGOGTK), quantity -145, $43.00 each, total cost: $6,235.00 V. Total Costs E ui ment $871,697.0 _ Warranties _ $109,780.00 Installation $39,825.00 0 tions $6,235.00 Tax $70,234.56 Total. $1,097,771.56 25C-50 EXHIBIT E 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 Named Insured Countersigned by Authorized Representative 25C-51 25C-52