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HomeMy Public PortalAbout084-2013 - RPD - WatchguardAGREEMENT THIS AGREEMENT made and entered into this day of I 2012, by and between the City of Richmond, Indiana, a municipal corporation acting b and through its Board of Public Works and Safety, (hereinafter referred to as the "City") and Watch Guard, 415 Century Parkway, Allen, Texas, 75013 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish and install Watch Guard In -Car Video Recording Systems (hereinafter "equipment"), which equipment shall be compatible with a virtual server environment, in the police vehicles for the City of Richmond Police Department (hereinafter "the project"). Contractor as a sole source provider submitted a quote on June 11, 2012, which is attached hereto as "Exhibit A", consists of three (3) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all specifications contained in "Exhibit A." Installation of any equipment that does not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described equipment. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any recluired affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 a 2 • and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the completion of this Agreement. Contract No. 84 -2012 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amounts described on "Exhibit A" for the installation and furnishing of the equipment, provided that. Contractor's total compensation shall not exceed Forty Thousand Dollars and Zero Cents ($40,000.00) for satisfactory completion of the project. SECTION W. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the completion of the project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Page 2 of 5 Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired Page 3 of 5 for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION VIII. 'COMPLIANCE WITH E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program. Contractor is not required to verify the work eligibility status of .all newly hired employees of the contractor through the E-Verify program if the E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Page 4 of 5 The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety r By: Vic i Robinson, President Date: F-)— �/ APPROVED Sarah L. Hutton, Mayor Date: 9/2 "CONTRACTOR" WATCH GUARD 415 Century Parkway AIlen, TX 75013 By: Title: 1 n. VvQ166 l ' Date: Rua " 1 Z J Page 5 of 5 415 Century Parkway iT _ 4RE Pl"ICe Estimate Allen, TX 75013 (900)605-6794 www.watchguardvideo.com C7 1 G t T A L t W "C A n V 1 a E 0 Prpvided By: Dave Lowry 317-254-5676 Agency Name: v Richmond Police Department . HAI- .16j ` w Contact Person: Lt. Taylor4fl@ :3+ Date: June 11, 2012 1 APF Racp Svctprn and Ontinnc Ouantitv 4RE In -Car Camera System. Includes GPS, High definition (720P) forward facing camera, Infrared color cabin camera, DVR, integrated 4RE-STD-GPS 80GB automotive grade hard drive, 16GB USB removable thumb drive, cabin microphone, 2.4 GHz wireless microphone, leather holster,hardware & cabling, 1 yr. warranty. 1 4RE ELITE --FUegrade to 4RE Elite. Adds support for up to 5 cameras. 0 MOBILE APP 14RE Mobile App. Laptop interface software. 0 Wireless Video Transfer and Networking Options 4RE-WRL-KIT-05G 14RE In -Car 802.11n Wireless Kit, SGi HDW-ETH-SWT-on 14RE, Power Over Ethernet / Gigabit rnr.. rnnfia rmtinn r1ntinnc rtr C6 rt n�rcr4 FvYPelriPrt AN ^ $ 6,195.00 . 99 a s . $ 24,975.00 $ 300.00 71=`w 27OQ1 $ - $ Quantity MSRP Direct Extended SHz is available► 5 $ 345.00 M-W OQ q.) $ 1,500.00 Switch 0 $ 180.00'bW $ - Ouantitv MSRP Direct Extended CAM-BST-102-NEW ' infrared Color Cabin Camera, Additional (requires4RE Elite) 0 HD Combo Camera Upgrade. Consolidates bath cameras (Front and CAM-CMB-200-NHD Cabin) into one housing. 0 Microphone Options HI-FI MICROPHONE ]Upgradeto Hi-Fi microphone. 24 hours talk, u to 2 mile DUAL MIC UPGRADE Tual Wireless Mics. includes second wireless microphot DESKTOP CHARGER IDesktop Charging unit for Wireless Transmitter TRANSMITTER WirelessTrasmitter additional/replacement) In -Car Hardware Warranties Istyear isincluded with onew 4RE purchase. WAR-4RE-CAR-2ND lWarrantv, 4RE, In -Car, 2nd Year (Months 13-24) WAR-4RE-CAR-3RD Warranty, 4RE, In -Car, 3rd Year WAR-4RE-CAR-4TH lWarrantv. 4RE. In -Car, 4th Year -CAR-5TH Software Protection Plan Create, amend or extend a Software Protection Plan SFW-MNT-EL2-1YR Software Protection, Evidence Library 2, Addl. 1-Year SFW-MNT-EL2-2YR Software Protection, Evidence Library 2, Addl. 2-Year -MNT-EL2-3YR _1 Software Protection, Evidence Ub rary 2, Addi. 3-Year(per 4Kt -MNT-EL2-4YR ISoftware Protection, Evidence Library 2, Addl. 4-Year (per 4RE) Pro -Rated for customers with existing Software Protection. RATED Update this description and Direct Price to egva153 per 4RE per remaining month of SaNware ProteCioo Plan $ 220.00 '6WAM F__60_00 W � entity MSRP Direct Extended $ 115.00b lD $ 500.00 $ 875.00SQ $ $ 385.00 ��'SMRM q( $ intity MSRP Direct Extended $ 295.005?A $ - $ 295.00571100, $ t) $ 295.00 4oQ $ - $ 295.oas4 c3o1 $ - 0 Miscellaneous Options and Accessories Quantity RADAR CABLE :Eaple adar Interface Cable (Stalker, Decatur Genesis I and II Select, Kustom 0 or Raptor, MPH Bee 3 frade-In Trade-in Credit, if applicable J 0 CUSTOM 1 lUsed for additional items, offers or discounts 0 Quote valid for 30 days MSRP Direct Extended $ 110.006 $ $ 215.00FQ $ S 320.00 sS; . ;28$ $ $ 430.00 4" $ $.�;. Ki X, $ MSRP Direct Extended $ 85.00 Ilk $ S »...ate$ ' Total In -Car Hardware $ 26,975.00 EXHIBIT h PAGE jOF� Page 1 of z ....-..._...._. •' 415 Century Parkwayw,`,` i Allen, TX 75013 (ROO)605-6734 i www-watchguardvideo.com p t G i T A L } N C A R V 1 13E 13. Agency Name: Richmond Police Department Contzct Person: Lt. Taylor Date: June 11, 7012 Evidence Library Server and Client Software Quantity KEY-ELB-SRV-202 Evidence Library 25erver Software, 1-104REs {includes 1 client license} SFW-ELB-CLI-200 Additional Remote Client license rey, Evidence Library 2 SFW-SQL-CAL-R2S lAdditional Software CALs, SQL Server 2008 R2, 5 CAL Pack SFW-SOL-CAL-R21 lAdditional Software CAL, SQL Server 2008 R2, 1 CAL Pack server naruwdre dnu auIcwdre HDW-4RE-SRV-102 3U Rack Mount 16 SATA Drive Server, Intel Xeon E5620 2.4 GHz, 6G6 RAM, 5x500G6SATA 7,200 RPM drives (boot/sql), Windows Server 2008 R2 64-bit, SQL Server 2008 R2 (SCAL), 3-Year full service ion -site Small to Medium sized or reimbursed) warranty. concurrent cars. I This serversystem does NOT include supporting equipment like network switches, monitor, etc. 4RE Price Estimate Provided By: Dave Lowry 317-254-5676 MSRP Direct Extended 1 1 1 $ 2,295.00 $ 85.00 $ 460.00 0 1 1 $ 100.00 1,995.00 MSRP Direct Extended $ 7,69S.00Bois 04 $ a Video Storage Driveswi!lbeaddedtoserverand/or1BOD Quantity MSRP Direct Extended HDW-4RE-HDD-2TB 2TB Hard Drives, ServerClass,7,200 rpm, 64MB Cache 0 $ 740.00 "��.�ac",�,�W kiDW-4RE-JBD-012 I Storage, IBOD Enclosure, 12-bay, 2U, includes SAS Cache 0 $ 7,255.00 Wireless Access Paints Quantity MSRP Direct Extended WAP-BLO-245-001 Wi-Fi Access Point, 802.11n, 2.4/5GHz, Digital Steering 1 0 $ 3,270.00 WAP-Kt7-p5G 001 WiFi Access Point Kit, 802.11n, SGHz, Omni -Directional 2 $ 4S5.00 $ 810.00 meµ. WAP-BLD-05G-001 Wi-Fi Access Point, 802.11n, SGHz, Sector Antenna 1 $ 285.00 250:00 Total IT Hardware and Software $ 3,055.00 WatchGuard Video Technical Services Quantity SVC-4RE-INS-100 4RE System Installation, in -Car (Per Unit Charge) 0 SVC-VID-REM-100 Video System Removal (Per Unit Charge) 0 System Setup, Configuration, Testing and Training 1 11111 SVC-4RE-OHS (Quantity represents number of sites) Access Point installations including cable runs :0:1 SVC WGV-pN5-300 (Work maybe performed by a sub -contractor) Manual Adjustments Description: - . Projected monthly lease payments. Actual payment will vary based on rate ]Leasing' �r a aar MSRP Direct Extended _,-_%,r Y a %ioe+ Quote ,,i. xt<. $ Quote Cutie $ $ 4,445.00bd $ 4,000.00 si Es 1,100.00 $ 0", 0 $ -- Total Technical Services $ 4,000.00 $ - Subtotal: $ 34,030.00 UPS Ground Shipping: $ 200.00 Taxes: L;;O;Q�;�� $ - _ gi- E�Sn—m-maT,30: b0 3-Year 4-Year 5-Year $ 1,25z.17 $ 922.19 $ 789,24 Quote valid for 30 days EXHIBIT _ PAGE 'L OF Page 2 of 2 ..d -, A L I C + R V I D E ■ 4RE Server Specifications The following itemizes the specifications of the standard 4RE servers WatchGuard Video offers. These servers offer a high level of both redundancy and expandability. In addition to these offerings, WatchGuard can also design or approve alternate solutions. Prices and specifications subject to change. Please contact WatchGuard Video for a current quote. ri�w.ter .a' r.,+-...:�. on s�r� ' er o R? Ca r en ars Rac% erver� 3T1 1 2d Conattrrenf Cxs Rat k erve r, 3id „ r I lI} Coneuirent Gars` aelc e G : currea� ars° fj SQL : 5 0 hU0 I., Typical Usage:11. Standalone Server More than 5 concurrent uploads. More than 5 concurrent client connections. Workstation Direct Pricin : $3,795 $6,9307,255 $8,250 Mini Tower 3U rack mount, 16 SATA hard drive bays, 6Gbps SAS backplane, dual 1200W power Chassis: 30OW Pourer Supply supplies. Rail Kit: 26.5" to 36.4" quick install rail kit. Motherboard: Intel Socket 1156 Intel 5520 Chi set, 96GB RAM support, PCI-E 2.0. Intel Xeon X5650, 2.66 Processor: 11 Intel Core i5-650, 3.20GHz Intel Xeon E5620, 2.40GHz, quad -core. 121\2 cache. GHz, 6-core, 12M cache. Memory: 8GB(4x2GB), 1333MHz GGB 3x2GB , 1333A4Hz DDR3, ECC/REG DIMM. ( ) 12GB(6x2GB), 1333MHz DDR3, ECC/REG DIMM. DDR3. RAID LSI 9240-4I LSI S.AS9260-4I, 6Gbps, SAS/SATA, tv/battery backup. Controller: Hard Drives 3x2TB, 7,200 RPM 2x500GB, 7,200 RPM enterprise, RAID-1 array, 50OGB usable. (Boot).- enterprise, RAID-5 array, Hard Drives 4TB usable. 3x50DGB, 7,200 RPM enterprise, RAID-5 array, 900GB usable. (SQL): On -Board Video 3 —11 Hard Drives (2TB or 3TB). 7,200 RPM Enterprise_ RAID-5 Array (3.7TB to Storage: 3.5TB usable video storage. 28TB usable). Expansion Connected or Network Optional 12-bay J13OD enclosure. Up to 12 Hard Drives (2TB or 3TB). 7,200 RPM Video Storage Storage Enterprise. RAID-5 Array (3.7TB to 30.5TB usable). (optional): 8x DVI)RW Multi -Drive Drives and 2L5" LCD Monitor, 8x DVDRW Multi Drive. Peripherals: Speakers No keyboard, mouse, monitor_ Keyboard, Mouse Netwofk Integrated Dual -Gigabit LAN Interface: Graphics: HD capable graphics card Standard integrated graphics Operating Windows 7 PRO 64-bit Microsoft Windows Server 2008 R2 64-bit (5 CALs) System: Database MS SQL Server 2008 R2 Standard (1CAL) Microsoft SQL Server 200E R2 Standard (5 CALs) Engine: - Warranty: 3-Year full service (on -site or reimbursed) warranty Page 1 of z EXHIBIT PAGE : _OF_3_