HomeMy WebLinkAboutStaff Report 4206
City of Palo Alto (ID # 4206)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/18/2013
City of Palo Alto Page 1
Summary Title: Mobile In-Car Video Replacement Contract Approval
Title: Approval of a Contract With WatchGuard Video in the Amount of
$296,470 and Additional Services of $8,530 for a Total Not to Exceed
$305,000 for the Upgrade of Police Mobile In-Car Video System, Capital
Improvement Program Project TE-11002
From: City Manager
Lead Department: Police
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute the attached contract with WatchGuard Video (Attachment B) in an amount not to
exceed $296,470 for the Upgrade of Police Mobile In-Car Video System, Capital Improvement
Program Project TE-11002.
Staff also recommends that Council approve and authorize the City Manager or his designee to
negotiate and execute one or more change orders to the contract with WatchGuard Video for
additional related, but unforeseen, work which may develop during the project, the total of
which shall not exceed $8,530.
Staff is therefore requesting a total authorization amount of $305,000 to cover the contract
amount of $296,470 plus a contingency amount of $8,530.
BACKGROUND
Video technology has become instrumental in law enforcement training, evidence collection,
and for officer safety and accountability. The Police Department installed a Mobile In-Car Video
System in all of the police patrol vehicles in 2006 and the existing system has been in place with
several minor upgrades since that time. Camera technology, audio capabilities and video
storage and retrieval have all improved dramatically over the last seven years and the existing
system is at the end of its technical lifecycle.
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Upgrading the system provides greater resolution and visibility, increased camera placement,
and significantly improved audio capture that reduces background noise. In addition to the
improved evidence capture capabilities, the compression technology allows for reduced storage
requirements and ensures protection of evidence against loss with duplication.
DISCUSSION
Project Description
This project includes upgrading the Mobile In-Car Video System of the entire police department
fleet (28 vehicles), testing of nine body-worn cameras by the Traffic Safety Team and patrol
officers, and the outfitting of one Fire Service vehicle with a Mobile In-Car Video System.
Patrol Cars
WatchGuard Video will remove the current Mobile In-Car Video System on 22 of the Police
Department patrol cars, and install the new WatchGuard 4RE Video System. Six patrol cars
were recently replaced and are anticipated to be delivered by June 2014, so the installation of
the new will Mobile In-Car Video System will take place after the replacement vehicles are
delivered. Key improvements from the current system include:
Improved Video and Audio Quality
Greater Field of Vision
3 Additional Cameras per Vehicle (side and rear views)
Video Uploaded Wirelessly
Automatic Recording Triggers (i.e. lights and sirens)
Selective Resolution and File Compression that Saves Storage
Live Streaming Capability
Extended Warranty, Including Software Updates
Body Worn
A small number (nine) of body-worn audio/visual systems are also included, which will be pilot
tested with the Police Department’s Traffic Safety Team and patrol officers. This will allow
officers, primarily on motorcycles, to capture video evidence when they are away from their
vehicles.
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Fire Apparatus
The Fire Department is exploring the use of Mobile Audio Visual systems on apparatus to
capture video during transport and incidents to increase the safety and accountability of line
personnel. This contract includes the outfitting of the Battalion Chief van, which will capture
activities during major incidents.
Other Project Elements
Included with the system is a server and 196TB of storage, a robust video management client,
user training, and 24/7 technical support throughout the life of the equipment.
Bid Process
On July 23, 2013, a notice inviting formal bids for the Mobile In-Car Video System Project was
posted at City Hall and sent to nine known Mobile In-Car Video System companies. The bidding
period was 20 working days. Bids were received from seven companies on August 20, 2013.
The selection committee comprised of City Staff from the Police and Information Technology
Departments reviewed all bids submitted and scored on a variety of technical requirements and
desired features. Original bids ranged in price from $322,320 to $412,965. The top two
companies were invited to demonstrate their products on October 2, 2013. After careful
analysis, incorporating feedback from line personnel, and pricing negotiation the committee
selected WatchGuard Video as the lowest responsible bidder.
WatchGuard only manufactures Mobile In-Car Video Systems and their product features state
of the art video and audio technology including a High Definition (HD) video recording option.
Reference checks indicate their customer service, installation process and support are
exemplary. The contract includes a 5 year warranty for the equipment.
RESOURCE IMPACT
Funding for the Mobile In-Car Video System is available in the Mobile In-Car Video System
Capital Improvement Program Project TE-11002. Funding in the Police Department’s budget for
ongoing operating and maintenance (O&M) costs of the current Mobile In-Car Video System
will be sufficient to cover the O&M costs for the new system. Warranty costs for the current
system are funded through the IT Fund charges allocated to the Police Department. The first
year warranty costs for the new system are included in the contract and ongoing costs will be
updated annually as part of the budget process starting in FY 2015.
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POLICY IMPLICATIONS
This agreement is consistent with existing City policy.
ENVIRONMENTAL REVIEW
This agreement and the project to install in-car video recording systems, is not subject to CEQA
pursuant to Title 14 California Code of Regulations Section 15061(b)(3), and it can be seen with
certainty that there is no possibility of a significant effect on the environment.
Attachments:
ATTACHMENT A - 2011 ADOPTED Capital Budget_MAV Project (PDF)
Attachment B - Watchguard Contract (PDF)
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CITY OF PALO ALTO CONTRACT NO. C14151062
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND WATCHGUARD VIDEO
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 18th day of November, 2013, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and WATCHGUARD VIDEO, a Texas corporation, located at 415 Century Parkway,
Allen, Texas 75013 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to update the Police Department’s mobile audio visual (MAV) system
(“Project”) and desires to engage a consultant to design the MAV system in connection with the
Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through November 25, 2018
unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and
timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of
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damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed Two Hundred Ninety Six
Thousand Four Hundred Seventy Dollars ($296,470.00). In the event Additional Services are
authorized, the total compensation for services and reimbursable expenses shall not exceed Eight
Thousand Five Hundred Thirty Dollars ($8,530.00) for a total not to exceed amount of Three
Hundred Five Thousand Dollars ($305,000.00). The applicable rates and schedule of payment are set
out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part
of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”).
If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
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SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that subconsultants
may be used to complete the Services. The subconsultants authorized by CITY to perform work on
this Project are listed Server Full Service Warranty:
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Joe VanSchuyver
as the Director of Technical Services to have supervisory responsibility for the performance,
progress, and execution of the Services and Matt Cutts as the project’s Director of Customer Service
to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the
substitution of the project director, project coordinator, or any other key personnel for any reason,
the appointment of a substitute project director and the assignment of any key new or replacement
personnel will be subject to the prior written approval of the CITY’s project manager.
CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not
perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Project or a threat to the safety of persons or property.
The City’s project manager is Amber Cameron, Police Department, Communications Division, 275,
Forest Avenue, Palo Alto, CA 94303, Telephone (650) 329-2374. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval
of the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an “Indemnified Party”) from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
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16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the
insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to
CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the
cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such
notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the
insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
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notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of
a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given
to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
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21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero
Waste best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the City’s Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
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at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
25.1 I This Agreement may be signed in mUltiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
Ci ty Manager
Name: VLUJ \d
APPROVED AS TO FORM:
Title: lb\lf hGOJ\~\O.\ OftlCtY
Senior Asst. City Attorney
Attachments:
EXHIBIT "A" -SCOPE OF WORK
EXHIBIT "B" -SCHEDULE OF PERFORMANCE
EXHIBIT "c" -COMPENSATION
EXHIBIT "D" -INSURANCE REQUIREMENTS
EXHIBIT "E" -LIMITED IN-CAR HARDWARE WARRANTY
EXHIBIT "F" - S ER VER FULL SERVICE WARRANTY
EXHIBIT "0" -EVIDENCE LIBRARY SOFTWARE PROTECTION PLAN
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EXHIBIT “A”: SCOPE OF WORK
WatchGuard Video shall provide to the City of Palo Alto services resulting in the successful and
satisfactory replacement of the mobile in-car video system. This includes the removal of the current
system, as well as installation and configuration of the WatchGuard Video 4RE Digital In-Car Video
system and Evidence Library software.
A. Planning and Design
a. WatchGuard will design the specifications of the solution to fit the department’s needs to
integrate the 4RE system with City’s network.
b. This includes final agreement on the amount and location of video storage, site survey for
wireless access, plan network topology, and obtaining all system settings and parameters.
B. Removal of Current Mobile Audio Visual System
Watch Guard, and its subcontractor Emergency Vehicle Specialists Hollister, will remove the current
Mobile Audio Visual (MAV) system from Twenty-Two (22) Police Department vehicles.
C. Installation of New 4RE Mobile Audio Visual System
Watch Guard, and its subcontractor Emergency Vehicle Specialists Hollister, will install the new 4RE
MAV system in a total of Twenty-Nine (29) Police and Fire Department vehicles:
a. Twenty-Eight (28) Police Department Vehicles will be outfitted with new 4RE base system
and 4RE elite upgrade including the following for each vehicle:
i. One (1) High Definition Zero Sightline (720p) forward facing camera
ii. One (1) interior infrared color cabin camera
iii. Three (3) exterior infrared color cameras
iv. DVR
v. Integrated 200 GB automotive grade hardware
vi. 16GB USB removable thumb drive
vii. Cabin microphone
viii. Two (2) 900 MHz Hi Fidelity wireless microphones
ix. 4RE In-Car 5GHz Wireless Kit
x. 4RE Power Over Ethernet, Gigabit 4-port switch
xi. All required hardware and cabling
b. Six (6) of the Twenty-Eight (28) vehicles will be recently purchased, with planned delivery
in June 2014. Installation of the 4RE base and elite systems in these vehicles will take place
at a date to be determined by the Project Manager.
c. One (1) Fire Department Vehicle will be outfitted with the new 4RE base system and 4RE
elite upgrade including the following:
i. One (1) HD Zoom Front Camera
ii. Three (3) exterior infrared color cameras
iii. DVR
iv. Integrated 200 GB automotive grade hardware
v. 16GB USB removable thumb drive
vi. Cabin microphone
vii. One (1) 900 MHz Hi Fidelity wireless microphones
viii. 4RE In-Car 5GHz Wireless Kit
ix. 4RE Power Over Ethernet, Gigabit 4-port switch
x. All required hardware and cabling
D. On-Site Technical Services
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a. 4RE System Setup, Configuration and Testing
i. Install and configure server and wireless
ii. Install and run client software locally from the network
iii. Configure all system settings and parameters, and run clients an all specified
machines.
iv. Test solution as cars are deployed
b. Apply updates and fixes as necessary, deliver solution
c. WatchGuard will closely monitor the deployment of the 4RE system and provide solutions
as required
E. Staff Training
a. WatchGuard will provide 4RE User, 4RE Administrative, and Evidence Library User
Training to City Staff in-person during the first week of installation and configuration
b. WatchGuard will provide Video and Web-Based training for the City to utilize as necessary
during the life of the 4RE system.
F. Additional Equipment and Software to be Purchased
a. Microphones
i. An additional four (4) Wireless microphones will be provided
ii. Five (5) Multiple HiFi Desktop Charging Bases will be provided
iii. One (1) Desktop Charging unit will be provided
b. Wearable Cameras
i. Nine (9) CopVu Wearable Cameras will be provided
ii. These cameras will be integrated into network and the video data will archive to the
library server.
c. Evidence Library Server and Client Software
i. Evidence Library Software 3
ii. Twenty-Nine (29) Remote Client License Keys
d. Server Hardware and Software
i. 3U Rack Mount 16 SATA Drive Server, Intel Xeon E5-2620 2.0GHz 6-Core, 32GB
RAM, 2x128GB SSD 6GB/S MLC drives (boot) 3x500GB SATA 7,200 RPM
drives (sql), Windows Server 2008 R2 64-bit, SQL Server 2008 R2 (5CAL), 3-Year
full service (on-site or reimbursed) warranty.
e. Upload Server and Software
i. Tower Server, Intel i7 3.40 GHz, 8GB RAM, 4x2TB SATA 7,200 RPM drives, 5TB
usable video storage, Windows 7 Pro 64-bit, SQL Server 2008 R2 (1CAL), 3-Year
full service (on-site or reimbursed) warranty.
f. Video Storage
i. Regular storage
1. 37 count 4TB Hard Drives, Server Class, 7,200rpm, 64MB Cache
2. 1 count JBOD Enclosure, 24-bay, 4U, including SAS Cable
ii. Critical Video Back Up
1. 12 count 4TB Hard Drives, Server Class, 7,200rpm, 64MB Cache
2. 1 count JBOD Enclosure, 12-bay, 4U, including SAS Cable
g. Watch Commander
G. Ongoing Support
a. WatchGuard will provide close monitoring of the 4RE system in the initial weeks of
deployment
b. WatchGuard will follow-up with the City on the 3rd, 30th, 45th, and 60th days after delivery
and installation
Professional Services
Rev Nov. 1, 2011
c. An acceptance period of 30 days will occur prior to signoff
d. Once the City has taken over day to day use of the 4RE system, WatchGuard will provide
24/7 Telephone Technical Support
H. Warranties
a. Both hardware and software components of the 4RE base and elite systems are covered by
warranties. Warranty details are included as Appendix A.
b. Replacement parts covered under warranty will be provided to the City within 24 hours to
avoid interruption to City operations
c. The first year of warranty coverage is included
d. Warranty of additional years will be purchased according to the payment schedule and
pricing sheets
Professional Services
Rev Nov. 1, 2011
EXHIBIT “B” - SCHEDULE OF PERFORMANCE
The project will follow the schedule outlined below. Any changes to the project schedule must
be pre-approved by the Project Manager.
Task Number Deliverable Time Period
1.0 Planning and Design
1.1 System Design and Storage 11/25/13 – 12/9/13
1.2 Finalize server, network and wireless plan 11/25/13 – 12/9/13
1.3 Finalize installation locations and procedures 11/25/13 – 12/9/13
2.0 Information systems installation
2.1 Provision network connectivity and allocate
address space
12/9/13 – 12/27/13
2.2 Install and configure wireless infrastructure 12/9/13 – 12/27/13
2.3 Provision server and install base components 12/9/13 – 12/27/13
2.4 Install, configure and test Evidence Library 12/9/13 – 12/27/13
2.5 Perform end‐to‐end system testing 12/9/13 – 12/27/13
2.6 Complete information system installation 12/9/13 – 12/27/13
3.0 Fleet Installations
3.1 Remove current Mobile Audio Visual System from
22 Police vehicles
12/9/13 – 12/27/13
3.2 Install and test 4RE system in 22 Police vehicles
and 1 Fire vehicle
12/9/13 – 12/27/13
3.3 Acceptance Period 12/27/13‐01/27/14
3.3 Install and test 4RE system in 6 new Police vehicles Estimated for June 2014, final
date to be determined by Project
Manager
4.0 Training
4.1 Administrator training 12/9/13 – 12/13/13
4.2 User Training 12/9/13 – 12/13/13
4.3 Technician training 12/9/13 – 12/13/13
5.0 Monitoring and Support
5.1 Close monitoring of system 12/9/12 – 2/28/13
5.2 24/7 Telephone Technical Support Ongoing for life of product
Payment Schedule
WatchGuard Video will demonstrate to the City of Palo Alto through testing and demonstrations, that the
4RE solution, and all its related components and software, are fully functional and representative of the
products and services represented by WatchGuard Video. WatchGuard Video will invoice the City of
Palo Alto according to the attached Price Sheet.
WatchGuard shall submit all invoices to the Project Manager for approval within 30 days of
Professional Services
Rev Nov. 1, 2011
completed work. Payments will be made according to the following milestones:
Milestone 1: Successful removal of current system and installation 4RE system for twenty-two
(22) current Police Department vehicles and associated server, storage and video
management components.
Milestone 2: Successful installation of 4RE system for one (1) Fire Department vehicle and
associated server, storage and video management components.
Milestone 3: Delivery and set up of all additional equipment and software purchased by the City
Milestone 4: Successful 4RE system setup, configuration, testing and on-site staff training
Milestone 5: Successful completion of 30 day acceptance period
Milestone 6: Successful installation of 4RE system for six (6) new Police Department vehicles
and associated server, storage and video management components.
Post-Replacement Project Costs
WatchGuard will invoice the City annually, at least 90 days prior to the expiration of the current
warranty, for extended warranties in accordance with the Price Sheet.
Any additional equipment, replacement parts, or services ordered during the life of this contract
will be invoiced in accordance with the Price Sheet.
Professional Services
Rev Nov. 1, 2011
4RE Pricing Sheet
Provided By: Fran Judge ‐ RSM
Marc Palmieri ‐ Technical Sales Dir.
TOTAL PROJECT COST AT Agency
Name: Palo Alto PD
Contact
Person: Amber Cameron $296,468.81
Address: 275 Forest Ave
Address: Palo Alto, CA 94301
Date: October 23, 2013
4RE Base System and Options Quantity MSRP Direct Extended
4RE‐200‐GPS‐
ZSL
4RE In‐Car Camera System. Includes GPS, High
definition Zero Sightline (720P) forward facing
camera, Infrared color cabin camera, DVR,
integrated 200GB automotive grade hard drive,
16GB USB removable thumb drive, cabin
microphone, 900 MHz Hi Fidelity wireless
microphone, hardware & cabling, 1 yr. warranty.
Includes Evidence Library Express software.
29
$ 5,450.00 $ 4,355.00 $ 126,295.00
4RE ELITE Upgrade to 4RE Elite. Adds support for up to 6
cameras. 29 $ 300.00 $ 260.00 $ 7,540.00
MOBILE APP 4RE Mobile App. Laptop interface software. 29 $ 85.00 $ 50.00 $ 1,450.00
Wireless Video Transfer and Networking Options Quantity MSRP Direct Extended
4RE‐WRL‐KIT‐
05G
4RE In‐Car 802.11n Wireless Kit, 5GHz (2.4GHz is
available) 29 $ 345.00 $ 190.00 $ 5,510.00
HDW‐ETH‐
SWT‐001 4RE, Power Over Ethernet / Gigabit 4‐port Switch 29 $ 180.00 $ 140.00 $ 4,060.00
Camera Configuration Options Quantity MSRP Direct Extended
CAM‐BST‐
102‐NEW
Infrared Color Cabin Camera, Additional (requires
4RE Elite) 86 $ 220.00 $ 185.00 $ 15,910.00
WGA00485 Auxiliary Camera 0 $ 220.00 $ 185.00 $ ‐
415 Century
Parkway
Allen, TX 75013
(800) 605‐6734
www watchguard
Professional Services
Rev Nov. 1, 2011
Microphone Options Quantity MSRP Direct Extended
DUAL MIC
UPGRADE
Dual Wireless Mics. Includes second wireless
microphone kit. 28 $ 875.00 $ 685.00 $ 19,180.00
MIC‐WRL‐
DTC‐400 Desktop Charging unit for Wireless Transmitter 1 $ 110.00 $ 90.00 $ 90.00
MIC‐HFI‐MLT‐
CHG
Multiple HiFi Desktop Charging Bases (charges 8
HiFi mics) 5 $ 775.00 $ 725.00 $ 3,625.00
MIC‐WRL‐
TRN‐400 Wireless Transmitter (additional / replacement) 4 $ 385.00 $ 345.00 $ 1,380.00
4RE‐DIS‐RCP 4RE Remote Display 0 $ 800.00 $ 750.00 $ ‐
In‐Car Hardware Warranties 1st year is included with a new 4RE
purchase. Quantity MSRP Direct Extended
WAR‐4RE‐
CAR‐2ND Warranty, 4RE, In‐Car, 2nd Year (Months 13‐24) 29 $ 155.00 $ 100.00 $ 2,900.00
WAR‐4RE‐
CAR‐3RD Warranty, 4RE, In‐Car, 3rd Year (Months 25‐36) 29 $ 255.00 $ 200.00 $ 5,800.00
WAR‐4RE‐
CAR‐4TH Warranty, 4RE, In‐Car, 4th Year (Months 37‐48) 0 $ 380.00 $ 325.00 $ ‐
WAR‐4RE‐
CAR‐5TH Warranty, 4RE, In‐Car, 5th Year (Months 49‐60) 0 $ 505.00 $ 450.00 $ ‐
Software Protection Plan Create, amend or extend a Software
Protection Plan Quantity MSRP Direct Extended
SFW‐MNT‐
ELB‐2YR
Software Protection, Evidence Library, 2nd Year
(per 4RE) 29 $ 110.00 $ 95.00 $ 2,755.00
$ ‐
SFW‐MNT‐
ELB‐3YR
Software Protection, Evidence Library, 3rd Year (per
4RE) 29 $ 110.00 $ 95.00 $ 2,755.00
SFW‐MNT‐
ELB‐4YR
Software Protection, Evidence Library, 4th Year (per
4RE) 0 $ 110.00 $ 95.00 $ ‐
SFW‐MNT‐
ELB‐5YR
Software Protection, Evidence Library, 5th Year (per
4RE) 0 $ 110.00 $ 95.00 $ ‐
5 Year
HW/SW
Warranty
Discount
Discount for purchase of 5 year hardware and
software warranty at time of 4RE purchase. 0 $ ‐ $ ‐ $ ‐
Miscellaneous Options and Accessories Quantity MSRP Direct Extended
RADAR CABLE Radar Interface Cable (Stalker, Decatur Genesis I
and II Select, Kustom Eagle or Raptor, MPH Bee 3) 0 $ 85.00 $ 75.00 $ ‐
Trade‐In Trade‐In Credit, if applicable 0 $ ‐ $ ‐ $ ‐
Professional Services
Rev Nov. 1, 2011
CopVu CopVu Wearable Camera 9 $ 895.00 $ 750.00 $ 6,750.00
Total In‐Car Hardware $ 206,000.00
Evidence Library Server and Client Software Quantity MSRP Direct Extended
KEY‐ELB‐SRV‐
300 Evidence Library 3 Server Software 1 $ ‐ $ 3,660.00 $ 3,660.00
SFW‐ELB‐CLI‐
300
Included Remote Client License Key, Evidence
Library 3 0 $ 85.00 $ ‐ $ ‐
SFW‐ELB‐CLI‐
301
Additional Remote Client License Key, Evidence
Library 3 29 $ 85.00 $ 70.00 $ 2,030.00
SFW‐SQL‐CAL‐
R25
Additional Software CALs, SQL Server 2008 R2, 5
CAL Pack 0 $ 460.00 $ 410.00 $ ‐
SFW‐SQL‐CAL‐
R21
Additional Software CAL, SQL Server 2008 R2, 1 CAL
Pack 0 $ 100.00 $ 90.00 $ ‐
Server Hardware and Software Quantity MSRP Direct Extended
HDW‐4RE‐
SRV‐201 3U Rack Mount 16 SATA Drive Server, Intel Xeon E5‐
2620 2.0GHz 6‐Core, 32GB RAM, 2x128GB SSD
6GB/S MLC drives (boot) 3x500GB SATA 7,200 RPM
drives (sql), Windows Server 2008 R2 64‐bit, SQL
Server 2008 R2 (5CAL), 3‐Year full service (on‐site or
reimbursed) warranty. 1
$ 8,820.00 $ 7,935.00 $ 7,935.00
Medium to
Large sized
agency.
16‐35
concurrent
cars.
This server system does NOT include supporting
equipment like keyboards, network switches,
monitor, etc.
Upload Server and Software
HDW‐4RE‐
SRV‐001 Tower Server, Intel i7 3.40 GHz, 8GB RAM, 4x2TB
SATA 7,200 RPM drives, 5TB usable video storage,
Windows 7 Pro 64‐bit, SQL Server 2008 R2 (1CAL),
3‐Year full service (on‐site or reimbursed) warranty. 0
$ 3,880.00 $ 3,490.00 $ ‐
Upload Server
at Fire Station
to collect
video & then
transfer
across
network.
This server includes tower, keyboard, monitor with
built in speakers and mouse.
Video Storage Drives will be added to server and/or JBOD Quantity MSRP Direct Extended
HDW‐4RE‐
HDD‐4TB
4TB Hard Drives, Server Class,7,200 rpm, 64MB
Cache 37 $ 555.00 $ 490.00 $ 18,130.00
HDW‐4RE‐
JBD‐024
Storage, JBOD Enclosure, 24‐bay, 4U, includes SAS
Cable 1 $ 2,850.00 $ 2,375.00 $ 2,375.00
HDW‐4RE‐Critical Video Backup Storage ‐ JBOD Enclosure, 12‐1 $ 2,030.00 $ 1,580.00 $ 1,580.00
Professional Services
Rev Nov. 1, 2011
JBD‐012 bay
HDW‐4RE‐
HDD‐4TB Critical Video Backup ‐ 4TB Hard Drives 12 $ 555.00 $ 490.00 $ 5,880.00
Wireless Access Points Quantity MSRP Direct Extended
WAP‐BLD‐
245‐001
Wi‐Fi Access Point, 802.11n, 2.4/5GHz, Digital
Steering 0 $ 3,270.00 $ 2,955.00 $ ‐
WAP‐KIT‐05G‐
001
WiFi Access Point Kit, 802.11n, 5GHz, Omni‐
Directional 0 $ 455.00 $ 405.00 $ ‐
WAP‐BLD‐
05G‐001 Wi‐Fi Access Point, 802.11n, 5GHz, Sector Antenna 0 $ 285.00 $ 250.00 $ ‐
Total IT Hardware and Software $ 41,590.00
WatchGuard Video Technical Services Quantity MSRP Direct Extended
SVC‐4RE‐INS‐
100 4RE System Installation, In‐Car (Per Unit Charge) 29 $ 445.00 $ 400.00 $ 11,600.00
SVC‐VID‐REM‐
100
Video System Removal (Per Unit Charge Included
with Install) 29 $ ‐ $ ‐ $ ‐
SVC‐4RE‐ONS‐
400
4RE System Setup, Configuration, Testing and
Training
(Quantity represents number of sites)
1 $ 2,780.00 $ 2,500.00 $ 2,500.00
SVC‐WGV‐
ONS‐300
Access Point installations including cable runs
(Work may be performed by a sub‐contractor) 0 $ 1,100.00 $ 1,000.00 $ ‐
Total Technical Services $ 14,100.00
Manual Adjustments
Description: Watch Commander LVS ($2500 + $250 / car / year ‐ includes 1st year) $ 9,750.00
Subtotal: $ 271,440.00
UPS Ground Shipping: $ 1,175.00
Taxes: 8.75% $ 23,853.81
ESTIMATE TOTAL: $ 296,468.81
EXHIBIT “D” - INSURANCE REQUIREMENTS
Rev. 11/07
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
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.
B. CROSS LIABILITY
EXHIBIT “D” - INSURANCE REQUIREMENTS
Rev. 11/07
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
WatchGuard Video, in recognition of its responsibility to provide quality systems, components, and
workmanship, warrants each system, part, and component it manufactures first sold to an end user to be
free from defects in material and workmanship for a period of ONE YEAR from the date of purchase. A
defective component that is repaired or replaced under this limited warranty will be covered for the
remainder of the original warranty period. Where defects in material or workmanship may occur, the
following warranty terms and conditions apply:
WARRANTOR – This warranty is granted by WatchGuard Video, 415 Century Parkway, Allen, TX 75013,
Telephone: 972-423-9777, Facsimile: 972-423-9778.
PARTIES TO WHOM WARRANTY IS INTENDED – This warranty extends to the original end user of the
equipment only and is not transferable. Any exceptions must be approved in writing from WatchGuard
Video.
PARTS AND COMPONENTS COVERED – All parts and components and repair labor of the warranted unit
manufactured and/or installed by WatchGuard Video are covered by this warranty, except those parts and
components excluded below.
PARTS AND COMPONENTS NOT COVERED – The Limited Warranty excludes normal wear-and-tear items
such as frayed or broken cords, broken connectors, and scratched or broken displays. WatchGuard reserves
the right to charge for damages resulting from abuse, improper installation, or extraordinary environmental
damage (including damages caused by spilled liquids) to the unit during the warranty period at rates
normally charged for repairing such units not covered under the Limited Warranty. In cases where potential
charges would be incurred due to said damages, the agency submitting the system for repairs will be
notified. Altered, damaged, or removed serial numbers results in voiding this Limited Warranty. If while
under the warranty period, it is determined that the WatchGuard Video system was internally changed,
modified, or repair attempted, the system warranty will become null and void.
LIMITED LIABILITY – WatchGuard Video’s liability is limited to the repair or replacement of components
found to be defective by WatchGuard Video. WatchGuard Video will not be liable for any direct, indirect,
Limited In-Car Hardware Warranty
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
consequential, or incidental damages arising out of the use of or inability to use the system even if the unit
proved to be defective. WatchGuard Video will not be responsible for any removal or re-installation cost of
the unit or for damages caused by improper installation.
REMEDY – If, within the duration of this warranty, a unit or component covered by this warranty is returned
to WatchGuard Video and proves to be defective in material or workmanship, WatchGuard Video shall (at its
option) repair or replace any defective components or offer a full refund of the purchase price .
Replacement of a defective component(s) pursuant to this warranty shall be warranted for the remainder of
the warranty period applicable to the system warranty period.
SHIPPING – During the first ninety (90) days of the initial warranty period, WatchGuard Video will provide a
prepaid shipping label to return any defective unit for end users in the continental United States provided
serial numbers are submitted with request. In such event, contact WatchGuard’s Customer Service
Department to request a return material authorization (RMA) number. Failure to obtain and use a
WatchGuard Video prepaid shipping label in the first ninety days (90) on the return shipment will result in
the end user being responsible for shipping costs to WatchGuard Video. After the first ninety (90) days, the
end user will be responsible for any shipping charges to WatchGuard Video. WatchGuard Video will return
ship the product to a customer within the continental United States by prepaid ground shipping only. Any
expedited shipping costs are the responsibility of the end user.
Customers that are outside the continental United States will be responsible for all transportation costs
both to and from WatchGuard Video’s factory for warranty service, including without limitation to any export
or import fees, duties, tariffs, or any other related fees that may be incurred during transportation.
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
You may also obtain warranty service by contacting your local WatchGuard Authorized Service Center (ASC)
for shipping instructions. A list of local ASCs may be obtained by contacting WatchGuard’s Customer
Service Department. Customers will be responsible for all transportation costs to and from the local ASC
for warranty service.
EXTENDED WARRANTY – Extended Warranties may be purchased directly from WatchGuard Video. Any and
all extended warranties must be purchased prior to the expiration of any previous warranty. Failure to
purchase an extended warranty prior to the expiration of the warranty period will require the covered unit to
be physically inspected at the facility of the manufacturer and any repairs necessary to bring the unit back
to full working order must be performed prior to the issuance of any new warranty. The customer will be
responsible for the cost of the inspection (equal to 1 hour of labor) plus the standard costs associated with
any required repairs. Should you have any further questions regarding the WatchGuard Video limited
warranty, please direct them to:
WatchGuard Video
Attn: Customer Service Department
415 Century Parkway
Allen, Texas 75013
(800) 605-6734 Toll Free Main Phone
(866) 384-8567 Toll Free Queued Customer Service
(972) 423-9777 Main
(972) 423-9778 Fax
www.watchguardvideo.com
support@watchguardvideo.com
Exhibit “F” – Server Full Service Warranty
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
ACTIVATION - This Service Plan is activated, and the below terms and conditions apply, on the date of
shipment of the Equipment by the Manufacturer (“WatchGuard Video”). User registration is not required to
activate this Service Plan.
SERVICE PLAN - This Service Plan applies to on-site computer repair services that are available to you from
Exelus, LLC (“Exelus”) for the Equipment you purchased. Exelus shall provide to the User the services
described in this Service Plan for a period of three (3) years.
COVERAGE - (1) To obtain performance under this Service Plan, an End User should call Exelus at their toll-
free number 866-668-2773 and report the nature of the problem with the Equipment. Only representatives
of Exelus or authorized Exelus service providers may perform repairs on the Equipment under this Service
Plan. (2) During the Service Plan Period, Exelus will repair or replace, at the option of Exelus, any Equipment
having a defect in material or workmanship. All replacement parts shall be provided by WatchGuard Video
at no cost to End User. Exelus will return the Equipment to a like factory shipped condition. Exelus will not
reload User’s software. Circumstances may; however, require the reloading of the operating system as
originally installed by the Manufacturer. Replacement parts are new or like-new (tested equivalent to new).
Exelus may provide replacement parts made by various manufacturers when supplying parts to User. All
replacement parts shall also be covered under this Service Plan for the remainder of the Service Plan Period
or thirty (30) days (whichever is longer) and WatchGuard Video warrants that replacement parts will be
interchangeable with the parts they are to replace, and will conform to the specifications current when they
are shipped. (3) Some problems or defects may require Exelus to reformat or replace a Hard Disk Drive.
Under such circumstances all data on the disk drive may be lost. The User is solely responsible for the
security of User’s data. Neither Exelus nor the authorized Exelus service providers shall be liable for the loss
or destruction of data or media resulting from a defect in materials or workmanship covered by this Service
Plan or resulting from the services performed hereunder. Exelus strongly advises End User to implement and
maintain a daily routine to backup data to minimize the loss of data in the event of Equipment failure.
Exelus service providers are required to return all replaced and/or unused components including Hard Disk
Drives. Users that intend to keep a failed Hard Disk Drive to attempt data recovery or protect the data must
make arrangements to purchase a replacement Hard Disk Drive prior to the service incident. Neither Exelus
nor WatchGuard Video will accept the failed Hard Disk Drive after the service incident has been closed. (4)
Server Full Service Warranty
Exhibit “F” – Server Full Service Warranty
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
Exelus representatives will initially attempt to diagnose problems over the telephone. Telephone technical
services are available on the Exelus toll-free service line, 866-668-2773, during normal business hours (7
AM to 7 PM CST) Monday through Friday.
EXCLUSIONS - This Service Plan does not include: (1) Service or replacement of peripherals including, but
not limited to, keyboards, mice, monitors, scanners, speaker sets, external drives, backup media, power
protection devices, or Equipment specified by WatchGuard Video as special, non-stock, or custom ordered
goods. These items may be warranted by WatchGuard Video or Manufacturer; (2) Installation or set-up of
the Equipment; (3) Service needed as a result of moving the Equipment; (4) Physical and/or cosmetic
damage to the exterior surface or housing of the Equipment; (5) Problems resulting from negligence,
misuse, abuse, or other physical casualty to the Equipment; improper maintenance; electrical
disturbances; acts of nature; or work, attachments, additions, alterations, or modifications by persons
other than qualified service providers; (6) Service needed as a result of improper operating environment; (7)
Any problem not involving a defect in the Equipment hardware, including, but not limited to software
problems and errors, programming problems and errors, software incompatibility problems, software
installation problems and errors, and operating system problems and errors; (8) Any problem deemed by
Exelus, in its sole discretion, that cannot be solved by on-site replacement of defective Equipment
hardware; or (9) Use of any item with the Equipment if the item is not designated by WatchGuard Video for
use with the Equipment.
RESPONSIBILITIES OF USER - User shall: (1) operate the Equipment in an environment meeting
WatchGuard Video’s specifications; (2) protect the supply of electricity to the Equipment through the use of
appropriate surge protection devices; (3) comply with WatchGuard Video’s operating manual; (4) if you are
experiencing hardware difficulties and are receiving diagnostic messages, print out or make note of the
error message and communicate it to an Exelus help desk technician; (5) permit no work on the Equipment
except by qualified service providers who are properly trained; (6) have an adult representative present
whenever Exelus provides support services; (7) perform such diagnostic procedures or programs as
requested by an authorized Exelus representative; (8) safeguard and deliver to an authorized Exelus service
provider all replacement parts and/or accessories shipped by the Manufacturer to End User. Either the
part(s) to be replaced or the replacement part(s) or item(s) shipped to End User must be returned to the
Service Provider at the time of service. End User assumes financial responsibility for all parts and
accessories, including, but not limited to, cables, diskettes, manuals and other accessories bundled with
Exhibit “F” – Server Full Service Warranty
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
component(s), shipped to User until the items or parts replaced are returned to the Service Provider. User
may be required to supply a valid credit card number and expiration date (i.e. VISA or Master Card) to
secure reimbursement to WatchGuard Video in the event of physical or cosmetic damage and/or all
defective or unused parts, components and accessories are not returned to the Service Provider at the time
of service.
TRANSFER OF SERVICE PLAN - This Service Plan may be transferred at any time during the original term
hereof. The transferee succeeds to the remaining term of the Service Plan.
LIMITATION OF LIABILITY - NEITHER EXELUS NOR ITS AUTHORIZED SERVICE PROVIDERS HAVE ANY
LIABILITY TO USER(S) FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS OR DOWN
TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES OR INJURY TO PROPERTY, REGARDLESS OF THE NATURE
OF THE CLAIM, EVEN IF EXELUS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. USER UNDERSTANDS AND AGREES THAT EXELUS AND/OR ITS AUTHORIZED SERVICE
PROVIDERS ARE NOT RESPONSIBLE FOR LOSS, DESTRUCTION OR DAMAGE TO SOFTWARE AND DATA.
YOUR SOLE REMEDY AGAINST EXELUS OR ITS AUTHORIZED SERVICE PROVIDERS IS LIMITED TO THE COST
OF REPLACING THE DEFECTIVE EQUIPMENT AND/OR TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE
PAID FOR THIS SERVICE PLAN. LAWS VARY FROM STATE TO STATE SO THE ABOVE LIMITATIONS MAY NOT
APPLY.
PARTS AVAILABILITY - Because of the rapid development of technology in the computer industry, or for
other reasons, a particular part may not be available from WatchGuard Video. In such an event, Exelus will
make reasonable efforts to locate a compatible replacement part(s) from other sources. If Exelus cannot
locate a compatible replacement part(s), then, if possible, Exelus will offer to upgrade User’s system to the
least expensive configuration that can be serviced. If User elects to accept the offer to upgrade, then User
shall repay Exelus for the cost of the upgrade. In the event User chooses not to accept the upgrade Exelus
shall not be responsible to make repairs under this Service Plan.
MISCELLANEOUS - This Service Plan shall be governed by and construed in accordance with the laws of the
State of Minnesota. If any provision of this Service Plan is void or unenforceable, the parties agree to delete
it and agree that the remainder of this Service Plan will continue to be in effect. Exelus may assign this
Exhibit “F” – Server Full Service Warranty
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
Agreement to any entity owned or controlled by Exelus LLC. This Service Plan contains the entire
understanding of the parties and supersedes all previous verbal and written agreements with regard to the
subject hereof. No term or condition of any purchase order or other writing issued by User inconsistent with
this Service Plan will be binding upon Exelus.
EXHIBIT “G” – EVIDENCE LIBRARY SOFTWARE PROTECTION PLAN
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
TERMS AND CONDITIONS
Your WatchGuard Software Protection Plan for Evidence Library (herein referred to as the “Software
Protection Plan”) is governed by these Terms and Conditions and constitutes your contract with
WatchGuard as described below. Subject to these Terms and Conditions,
(i) The Evidence Library Software (“Covered Software”) first sold to an end user is guaranteed to be
free from defects in material or workmanship for the duration of the Coverage Period.
(ii) The Software Protection Plan provides you with access to telephone technical support and
web-based support resources for the Covered Software.
(iii) The Software Protection Plan provides you with access to software service packs and minor
software updates,
The Software Protection Plan can be extended beyond the first year for years 2-5 provided payment for the
annual Software Protection Plan for each year is made to WatchGuard prior to the end of the Coverage
Period. The Software Protection Plan must be carried consecutively without any lapses in yearly coverage
across the entire fleet of vehicles in which a 4RE unit was purchased. WatchGuard will track the serial
numbers of each 4RE unit and associate coverage with the Software Protection Plan respectively. All 4RE
In-Car and 4RE IT related hardware is excluded under the Software Protection Plan.
The duration of the Software Protection Plan (“Coverage Period”) is for the period specified in the Coverage
Period on the preceding page. WatchGuard may restrict service provided under this Software Protection
Plan to the Covered Software’s original country of purchase.
Service Options:
(i) Remote Service which includes call center, on-line chat, email, will call, and remote desktop
service, is provided free of charge for the Coverage Period. In instances where remote desktop
capability is accessible, WatchGuard will make every reasonable effort to provide a solution
remotely.
(ii) On-Site Technical Service must be scheduled in advance and is available at a minimum daily
rate. Contact WatchGuard for further information regarding rates and availability.
Evidence Library Software Protection Plan
EXHIBIT “G” – EVIDENCE LIBRARY SOFTWARE PROTECTION PLAN
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
TECHNICAL SUPPORT
Telephone and Web Support.
During the Coverage Period WatchGuard will provide you with access to telephone technical support and
web-based technical support resources. Technical support may include assistance with installation, launch,
configuration, troubleshooting, recovery, interpreting system error messages, and determining when
hardware repairs are required. WatchGuard will provide technical support for the Covered Software
including software applications that are installed by WatchGuard or an Authorized Service Center.
WatchGuard will provide support for the then-current version of the software.
Support Limitations.
The Software Protection Plan does not cover:
(i) Issues that could be resolved by upgrading the software to the then-current version.
(ii) Your use of or modification to the Covered Software in a manner for which the Covered Software
is not intended to be used or modified.
(iii) Third-party products or their effects on or interactions with the Covered Software.
(iv) Your use of a computer or operating system that is unrelated to Covered Software
(v) Connectivity issues with the Covered Software over networks not built or supported by
WatchGuard.
(vi) Covered Software that has been deleted or uninstalled.
(vii) Preventative maintenance on the Covered Software.
(viii) Damage to, or loss of, any software or data residing or recorded on the same computer as the
Covered Software. The contents of the hard drive may be deleted in the course of service.
WatchGuard may install system software updates as part of your service that will prevent the
software from reverting to an earlier version. Reinstallation of software programs and user data
are not covered under this Plan.
(ix) IT hardware and software which includes, but is not limited to, servers, computers, DVD burners,
NAS, SAN, or JBOD online storage devices, uninterruptable power supplies, building mounted
wireless access points, antennas, and all related brackets and mounting hardware (“IT
Equipment”).
EXHIBIT “G” – EVIDENCE LIBRARY SOFTWARE PROTECTION PLAN
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
(x) On-Site technical service.
(xi) Problems caused by the function of a network or viruses or other software problems introduced
into the Covered Software or computer the Covered Software is running on.
(xii) Except as specifically provided herein, any other damages that do not arise from defects in
materials and workmanship or ordinary and customary usage of the Covered Software.
Any Incident deemed out of scope as defined in this Software Protection Plan or any incident that occurs
while no Software Protection Plan Agreement is in place, shall be subject to additional fees and/or
charges. The Customer will be quoted applicable charges and rates prior to any service(s) being performed.
Approved service(s) will commence upon receipt of a purchase order.
Obtaining Technical Support
You may obtain technical support by calling the telephone number listed below. The Customer Service
Representative will provide you technical support.
YOUR RESPONSIBILITY
To receive service or support under the Plan, you agree to comply with the following:
(i) Provide your agency name and serial number (if required) of the Covered Software.
(ii) Provide information about the symptoms and causes of the problems with the Covered Software.
(iii) Respond to requests for information, including but not limited to the associated serial number of
Covered Software, version, model, IT hardware, and software including operating system and
database software, third-party software installed, any peripherals devices connected or installed
with the Covered Software, any error messages displayed, actions taken before the Covered
Software experienced the issue and steps taken to resolve the issue.
(iv) Update software to currently published releases prior to seeking service.
(v) You shall maintain all IT Equipment related to or required by the Covered Software. Any incident
arising from inadequate maintenance of these systems shall be subject to additional per incident
charges
(vi) Any changes to the hardware or software environment for both the Covered Software and IT
Equipment made by Customer that results in any degradation in performance will be the
responsibility of you including any related costs to correct the issue. Changes include, but are
EXHIBIT “G” – EVIDENCE LIBRARY SOFTWARE PROTECTION PLAN
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
not limited to, in-car installation resulting in a non-approved installation, damaged or
misalignment of wireless antennas caused by the customer or weather, untrimmed trees or
added obstacles that degrade wireless signal strength, added vehicles without regard for adding
additional wireless access points that results in degraded performance, adding or changing
video storage locations in an improper manner, adding or updating server software without the
approval of WatchGuard, changes to the 4RE related network topology or architecture without
consultation of WatchGuard.
GENERAL TERMS
(i) WatchGuard may subcontract or assign performance of its obligations to third-parties but will not
be relieved of its obligations to you in doing so.
(ii) WatchGuard is not responsible for any failures or delays in performing under the Plan that are
due to events outside WatchGuard’s reasonable control.
(iii) This Plan is offered and valid only in the United States of America. This Plan may not be available
in all states, and is not available where prohibited by law.
(iv) In carrying out its obligations WatchGuard may, at its discretion and solely for the purposes of
monitoring the quality of WatchGuard’s response, record part or all of the calls between you and
WatchGuard.
(v) WatchGuard is not obligated to renew the Software Protection Plan after termination. If a new
Software Protection Plan is offered, WatchGuard will determine the price and terms.
LIMITATION OF LIABILITY
EXCEPT FOR THE LIMITED WARRANTIES AND REMEDIES CONTAINED HEREIN, THIS PRODUCT IS PROVIDED
ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR
COURSE OF DEALING.
EXHIBIT “G” – EVIDENCE LIBRARY SOFTWARE PROTECTION PLAN
HIGH DEFINITION, WIRELESS TRANSFER, SERVER-BASED IN-CAR VIDEO FOR LAW ENFORCEMENT
NEITHER WATCHGUARD NOR ITS DEALERS OR SUPPLIERS WILL HAVE ANY LIABILITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO,
LOSS OF REVENUE OR PROFIT, WHETHER RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THIS
PRODUCT OR FROM DEFECTS IN THE PRODUCT, EVEN IF WATCHGUARD HAS BEEN ADVISED OF THE
POSSIBLITIY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WATCHGUARD IS ALSO NOT RESPONSIBLE
FOR CLAIMS BY A THIRD PARTY. WATCHGUARD’S MAXIMUM AGGREGATE LIABILITY TO YOU, AND THAT OF
ITS DEALERS AND SUPPLIERS, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THIS PRODUCT AS
EVIDENCED BY YOUR PURCHASE RECEIPT.
This limited warranty gives you specific legal rights. You may also have other rights that may vary from state
to state or from country to country. You are advised to consult applicable state or country laws for a full
determination of your rights.
SUPPORT CONTACT INFORMATION
WatchGuard Video
Attn: Customer Service Department
415 Century Parkway
Allen, Texas 75013
(800) 605-6734 Toll Free Main Phone
(866) 384-8567 Toll Free Queued Customer Service
(972) 423-9777 Main
(972) 423-9778 Fax
www.watchguardvideo.com
support@watchguardvideo.com