City of Desert Hot Springs
ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, February 1, 2022
Via Video-Conference
CLOSED SESSION - 5:00 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
PUBLIC COMMENTS
None.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)Name of case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et seq; Superior CourtRiverside; Case No. CVPS2104940
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain person who has threatened litigation against the City, although no formal claim or action has been filed.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov Code 54957(b))
Title: City Manager
City Council
February 1, 2022
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:05 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Council Member Pye gave the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action and that the City Council would be continuing the Closed Session following the Open Session.
APPROVAL OF AGENDA
ACTION: Approve the February 1, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety.
Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Lloyd Queen expressed concern regarding the bridge on Palm Drive and Mission Lakes Boulevard.
2) Walker Beverly spoke regarding short term vacation rentals.
City Council
February 1, 2022
CITY MANAGER REPORT
Luke Rainey, City Manager, introduced the new Human Resource Manager, Martin Pinon.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding “no dumping” signs, Dollar General, and gas line upgrades.
Roberta Crncic, Executive Program Director, announced Little League sign-ups.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Nuñez reported on the various meetings and events he attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Betts reported on the various meetings and events he attended.
Council Member Pye reported on the various meetings and events she attended.
Mayor Matas reported on the various meetings and events he attended.
ADMINISTRATIVE CALENDAR:
6. Contract Budget Adjustment – AMS Connection
Staff Report – SR-22-025 – Pdf
Recommendation:
Authorize the City Manager to increase the approved Professional Services Agreement with AMS Connection by $113,405.65 to an amount not to exceed $ 342,259.79 for additional equipment, technology, and fire safety improvements for the Police Department Dispatch Center.
Nicholas Haecker, Public Works Director, presented the Staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
City Council
February 1, 2022
7. Update to the Parks and Recreation Master Plan
Staff Report - SR-22-026 - Pdf
Recommendation:
Consider approving the Parks Committee recommendation that the City Council authorize Staff to issue a Request for Proposal (RFP) to hire a consultant to work with Staff and the Parks Committee on updating the City's Parks and Recreation Master Plan for City Council approval.
Daniel Porras, Assistant City Manager, presented the Staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
8. Discussion Item: Proposed Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City Staff Report - SR-22-024 - Pdf
Recommendation:
Consider placement of an item on the February 15, 2022 agenda regarding "Introduction and First Reading of an Ordinance establishing regulations prohibiting the unlawful possession of catalytic converters in the City." ACTION: Approve placement of an item on the February 15, 2022, agenda.
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
9. City Council Regular Meeting Minutes: January 18, 2022 Staff Report - SR-22-027 - Pdf
ACTION: Approved the Minutes as presented.
10. Second Reading and Adoption of an Ordinance Amending Chapter 17.240 "Rancho Descanso, AMD. No. 1" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Amend Zoning Standards for the Rancho Descanso, AMD. No. 1 Area (Formerly Called Aventura Palms II) Staff Report - SR-22-018 - Pdf
City Council
February 1, 2022
ACTION: Adopted Ordinance No. 745: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 17.240 "Rancho Descanso, AMD. No. 1" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Amend Zoning Standards for the Rancho Descanso, AMD. No. 1 Area (Formerly Called Aventura Palms II)."
11. Second Reading and Adoption of An Ordinance 1) GPA No. 21-2 Amending the General Plan Designation on Six (6) Properties Within the City; 2) ZC No. 21-1 Changing the Zoning Designation on Six (6) Properties Within the City; 3) GPA No. 21-2 Amending Certain Sections of Chapter 17.16 "Industrial Districts" for Future Industrial Development, and 4) Adopting a GPU EIR Addendum
Staff Report - SR-22-022 - Pdf
ACTION: Adopted Ordinance No. 746: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) GPA No. 21-2 Amending the General Plan Designation on Six (6) Properties Within the City; 2) ZC No. 21-1 Changing the Zoning Designation on Six (6) Properties Within the City; 3) GPA No. 21-2 Amending Certain Sections of Chapter 17.16 "Industrial Districts" for Future Industrial Development, and 4) Adopting a GPU EIR Addendum."
12. Second Reading and Adoption of An Ordinance Amending Chapter 17.180 "Marijuana Facilities Operation and Location" Text in Order to Harmonize the Text With the Approved Land Use Tables Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment Staff Report - SR-22-019 - Pdf
ACTION: Adopted Ordinance No. 747: “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.180 "Marijuana Facilities Operation and Location" text in order to harmonize the text with the approved Land Use Tables adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment."
13. Second Reading and Adoption of An Ordinance Amending Chapter 17.84 "Development Agreements" Text in Order to Harmonize the Text with the Approved "Review Authority" Table 17.64.01 Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment Staff Report - SR-22-020 - Pdf
ACTION: Adopted Ordinance No. 748: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.84 "Development Agreements" text in order to harmonize the text with the approved "Review Authority" Table 17.64.01 adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment."
City Council
February 1, 2022
14. Second Reading and Adoption of An Ordinance 1) Adding Section
16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in Order to Comply With Senate Bill 9
Staff Report - SR-22-021 - Pdf
ACTION: Adopted Ordinance No. 749: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in order to comply with Senate Bill 9."
PUBLIC COMMENTS
None.
ADJOURN
The City Council adjourned to Closed Session at 6:59 P.M.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
ADJOURN
The meeting was adjourned at 8:32 P.M.
Jerryl Soriano, CMC, City Clerk
SR-22-025
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Contract Budget Adjustment - AMS Connection
RECOMMENDATION:
Authorize the City Manager to increase the approved Professional Services Agreement with AMS Connection by $113,405.65 to an amount not to exceed $ 342,259.79 for additional equipment, technology, and fire safety improvements for the Police Department Dispatch Center.
BACKGROUND:
On July 6, 2021, the City Council approved Staff’s Recommendation to “Authorize the City Manager to execute a Professional Services Agreement with AMS Connect for the design and installation of low voltage and information technology improvements for the Police Department Dispatch Center in the amount not to exceed $ 228,854.14" (Exhibit 1).
DISCUSSION:
As the project progressed, additional items were deemed necessary by the City to meet dispatch center needs. An updated proposal including the additions is attached (Exhibit 2). Detailed descriptions of the following items are also included (Exhibits 3 - 9).
• Camera System Refresh (Camera Additions)
• Access Control (Video Intercom Upgrade)
• Access Control (Additional Intercom)
• Video Wall Upgrade
• Milestone Licensing Upgrade
• Milestone Server Upgrade
• Dry Fire Suppression for Information Technology Equipment Room These additional changes will increase the approved amount for this project.
FISCAL IMPACT:
If approved, the contract amount will increase by $113,405.65, for a total amount not to exceed $342,259.79. The increased contract costs will be offset by budgeted salary savings for dispatch center staff due to those positions not being currently filled due to project delays.
SR-22-025
ATTACHMENTS:
Exhibit 1 - July 6, 2021 Staff Report and Exhibits - AMS Contract for PD Dispatch Exhibit 2 - Police Station Summary Totals Rev1
Exhibit 3 - Police Department Camera System Refresh C-0351 CO1(Camera Additions) Exhibit 4 - Police Department Access Control Rev4 C-0332 CO#1 Exhibit 5 - Police Department Access Control_Rev6 CO#3(Additional Intercom) Exhibit 6 - Police Department TI Work_Rev1 C-860 CO1(Video Wall Upgrade) Exhibit 7 - Police Department Camera System Refresh C-0351 CO2(Milestone Licensing) Exhibit 8 - Police Department Camera System Refresh C-0351 CO3(Milestone Server) Exhibit 9 - Police Department Fire Protection C-1339
SR-21-166
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: July 6, 2021
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Award of Contract - AMS Connections
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with AMS Connection for the design and installation of low voltage, and information technology improvements for the Police Department Dispatch Center in the amount not to exceed $ 228,854.14.
BACKGROUND:
On October 20, 2020, the City Council approved Staff’s Recommendation to “Authorize the City Manager to begin the process of re-establishing Dispatch Services to the Desert Hot Springs Police Department.” Due to space and infrastructure needs, it was determined that the new dispatch center would be housed within the current police facility where the Detective Bureau is presently located. The Police Department, which has needed additional space to fulfill the demands of a growing police agency, saw this as an opportunity to construct a new annex building which will permanently house the displaced Detectives and provide a location for future and expanded services. The new dispatch center will require low voltage, access control, camera refresh, and information technology improvements.
On June 1, 2021, the City Council approved the Budget for Fiscal Year 2021-2022. The funding for the Dispatch Center was accounted for in that budget.
DISCUSSION:
Staff reviewed the new dispatch center requirements for low voltage, access control, camera refresh, and information technology. Staff determined that AMS Connection (AMS) met all of those specific requirements as the highest qualified provider.
During the review, Staff determined that AMS also met the qualifications for awarding a Professional Services Agreement without the requirement of a Request for Proposal (RFP), as defined in the Desert Hot Springs Municipal Code 3.44.180A. "The selection of professional services is to be based on demonstrated competence and professional qualifications necessary for satisfactory performance of services required, as so determined by the Department Head. The emphasis for selection is therefore based upon qualifications, rather than the lowest price." AMS met these qualifications by proving the highest qualified services based on the following;
• AMS is the current security system and monitoring provider for all the City’s properties. The previous provider did not meet the City demands for higher quality security standards.
SR-21-166
• AMS has worked with City Staff during the planning, construction and implementation of the technology systems for the New City Hall Project.
• AMS was selected as the most qualified firm for low voltage and technology design and installation for the New City Hall Project:
o Designed and Installed all network, alarm, surveillance, Audio/Video wiring. o Designed and Installed the life safety system including alarm system sensors, 30+ indoor/outdoor surveillance cameras, panic alarms, electronic door/gate access control systems.
o Exceeded all technology standards as requested by City • AMS installed Milestone Video Management System to manage all of the City Hall surveillance cameras:
o Milestone is the highest quality and is used by law enforcement world-wide. o AMS is the only Milestone dealer in the Coachella Valley and within a 50-mile radius. • AMS installed Isonas door/gate access control system at City Hall, the Finance Department Building, and Code/Cannabis Compliance Building:
o Isonas access control system is one of the highest state of the art systems o There is no other known Isonas dealer in the Coachella Valley. • The City has an annual maintenance contract with AMS to support and maintain the technology and life safety systems monthly, quarterly, bi-annually, and annually. • The City plans to maintain consistent high level of security and access control systems throughout at all facilities.
If approved, this professional service agreement will include design and installation of low voltage, access control, camera refresh, and information technology improvements for the new dispatch center.
This scope of work will mirror the scope of work completed by AMS for the the New City Hall Project.
FISCAL IMPACT:
The professional services cost of $ 228,854.14 is included in the Dispatch Center start-up costs that were approved by City Council in the Fiscal Year 2021-2022 Budget. The funding for the construction and equipment costs is as follows:
• Fire Development DIF Fund
o 101-50-72-5020 Construction $ 82,436
o 101-50-72-5030 Equipment $ 119,049
• Law Enforcement Facility DIF Fund
o 105-50-72-5020 Construction $ 500,000
• Public Safety Fund
o 245-42-29-5020 Construction $ 104,529
o 245-42-29-5030 Equipment $ 873,026
SR-21-166
ATTACHMENTS:
Exhibit 1 - Proposal (AMS)
PROPOSAL
Police Department TI Work
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240
760.329.6411
Presented By:
AMS Connect
Revision:
6/24/2021
0 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Tustin Larson
Email Address: [email protected] Project Number: AMS C-0000860
SCOPE OF WORK
AMS will provide the following:
• Install 200" video wall system with 8 independent screens, or two 100" screens (switchable by touchscreen remote) for monitoring surveillance cameras at City Hall, and Police Department campus. (Included optional (3) 75" video wall screens depending on mounting options in new dispatch area. • Install network audio speakers for intercom and emergency alert notifications in areas where desk phones are not located / or too loud to be heard.
• Install network and phone drops at new dispatch area locations • Install new rack and required networking gear for operation of new installed technology AMS Connect
Locker Room
Audio/Video
$204.30
Cat6 Wire
300 Arrow Wire 09LS-6EA4
Axis Communications C2005 $1,024.10
AXIS C2005 Network Ceiling Speaker
2 Audio/Video Total $1,228.40
Locker Room Total $1,228.40
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
Server Room
Audio/Video
Axis Communications C2005 $512.05
AXIS C2005 Network Ceiling Speaker
1 $102.15
Cat6 Wire
150 Arrow Wire 09LS-6EA4
Crestron Electronics CP4 $2,000.00
4-Series Control System
1 Crestron Electronics DMF-CI-8 $2,000.00
DigitalMedia Card Chassis for DM-NVX-C & DMCF, 8 Slots
1 Crestron Electronics DM-NVX-E30C $10,400.00
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder Card
8 $246.64
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
8 Binary B6-4K2-1.5
$50.24
Cat 6 Ethernet Patch Cable - 10 ft | Blue
8 Wirepath WP-PC-CAT6-10FT-BLU
Lenovo P330 i7 $8,000.00
Velasea Tiny Workstation i7
4 $123.32
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
4 Binary B6-4K2-1.5
$25.12
Cat 6 Ethernet Patch Cable - 10 ft | Blue
4 Wirepath WP-PC-CAT6-10FT-BLU
Audio/Video Total $23,459.52
Network
$1,460.00
1050W Modular Power Supply for 2930 Switch
2 Aruba X372
Aruba 2930M $3,996.00
48 Port PoE+ Stackable Network Switch
1 Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
Network Total $5,456.00
Power Management
WattBox WB-800-IPVM-12 $749.95
IP Power Conditioner 12 Individually Controlled & Metered Outlets 1 WattBox WB-OVRC-UPS-2000-1 $1,300.18
UPS Battery Pack for IP Power Conditioners 2000 VA
1 Power Management Total $2,050.13
Racks
CyberPower CR45U40001 $731.67
4-post Open Frame 19″ Rack
1 SnapAV SR-IT-WIREMGT-VERT-6 $177.30
Strong vertical wire management six Feet
1 Wirepath WP-CAT6-PP-48 $308.58
Rack Mount 48-port RJ45 Cat 6 Patch Panel
1 Racks Total $1,217.55
Server Room Total $32,183.20
Women's Restroom
Audio/Video
Axis Communications C2005 $512.05
AXIS C2005 Network Ceiling Speaker
1 $102.15
Cat6 Wire
150 Arrow Wire 09LS-6EA4
Audio/Video Total $614.20
Women's Restroom Total $614.20
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
ADA/Unisex Restroom
Audio/Video
$102.15
Cat6 Wire
150 Arrow Wire 09LS-6EA4
Axis Communications C2005 $512.05
AXIS C2005 Network Ceiling Speaker
1 Audio/Video Total $614.20
ADA/Unisex Restroom Total $614.20
Evidence
Audio/Video
Axis Communications C2005 $512.05
AXIS C2005 Network Ceiling Speaker
1 $102.15
Cat6 Wire
150 Arrow Wire 09LS-6EA4
Audio/Video Total $614.20
Evidence Total $614.20
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
Break Room
Audio/Video
Axis Communications C2005 $512.05
AXIS C2005 Network Ceiling Speaker
1 $102.15
Cat6 Wire
150 Arrow Wire 09LS-6EA4
Audio/Video Total $614.20
Break Room Total $614.20
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
Dispatch
Audio/Video
AMS 28" Media Enclosure $812.26
Includes (1) Cat6, (1) RG6 to IDF, enclosure, 5 port PoE switch, cover and accessories.
2 Crestron Electronics DM-NVX-350 $14,400.00
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder/Decoder
8 $739.92
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
24 Binary B6-4K2-1.5
$50.24
Cat 6 Ethernet Patch Cable - 10 ft | Blue
8 Wirepath WP-PC-CAT6-10FT-BLU
Crestron Electronics TSW-760 $2,800.00
7'' Touch screen
2 $74.40
Cat 6 550MHz Unshielded Wire - (Blue)
300 Wirepath NST-CAT6-1000-BLU
Future Automation PS80 $2,800.00
Articulated TV wall mount for 80" to 110" Display
2 Planar URX100 $37,800.00
Planar UltraRes X Series-100" 4K LCD Displays
2 Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
Additional Options
AMS 28" Media Enclosure $406.13
Includes (1) Cat6, (1) RG6 to IDF, enclosure, 5 port PoE switch, cover and accessories.
1 Crestron Electronics DMF-CI-8 $2,000.00
DigitalMedia Card Chassis for DM-NVX-C & DMCF, 8 Slots
1 Crestron Electronics DM-NVX-350 $7,200.00
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder/Decoder
4 $369.96
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
12 Binary B6-4K2-1.5
$25.12
Cat 6 Ethernet Patch Cable - 10 ft | Blue
4 Wirepath WP-PC-CAT6-10FT-BLU
$123.32
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
4 Binary B6-4K2-1.5
$25.12
Cat 6 Ethernet Patch Cable - 10 ft | Blue
4 Wirepath WP-PC-CAT6-10FT-BLU
Crestron Electronics DM-NVX-E30C $5,200.00
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder Card
4 Future Automation PS55 $1,440.00
Articulated TV wall mount for 55"to75"display
3 $61.66
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
2 Binary B6-4K2-1.5
$12.56
Cat 6 Ethernet Patch Cable - 10 ft | Blue
2 Wirepath WP-PC-CAT6-10FT-BLU
Lenovo P330 i7 $4,000.00
Velasea Tiny Workstation i7
2 Planar QE7550 $18,300.00
75" Diagonal Ultra high definition resolution (3840 x 2160) LCD display 3 Audio/Video Total $59,476.82
Network
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
AMS Data Prewire (3+1) $1,334.64
Includes 3 Cat6 cables, 1 RG6 coax, ring, plate, and accessories. 8 Network Total $1,334.64
Power Management
WattBox WB-100-VPS-6 $221.52
Vertical Rack Mount Power Strip with Aluminum Housing - 18 Inch (6 Outlet) 2 Additional Options
WattBox WB-100-VPS-6 $110.76
Vertical Rack Mount Power Strip with Aluminum Housing - 18 Inch (6 Outlet) 1 Power Management Total $221.52
Dispatch Total $61,032.98
Project Subtotal: $96,901.38
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $96,901.38
Misc. Parts Adjustment: $4,845.10
Labor: $25,039.37
Sales Tax: $7,885.35
Grand Total: $134,671.20
Payment Schedule Amount Due Date
Upon Acceptance $80,802.72
Upon Completion $53,868.48
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
Police Department TI Work
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240
760.329.6411
CONTRACT
Revision:
6/24/2021
0 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description is contained in the attached document and related documents from herein referred to as the “Proposal”.
B. The specific work to be performed by Contractor is the installation of the specified system as outlined in the Proposal.
C. The total amount to be paid by the owner for the performance (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule below. Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. If job is of a retro-fit/remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, owner agrees that he/she will be back-charged at a rate of $120 per man, per hour for all extra labor involved in completing the job.
H. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
I. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 0
Police Department TI Work
Project No : AMS C-0000860 6/24/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work. Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The above Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances.
Any disputes due to legal claims will be settled California Arbitration between the parties. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical Payment Schedule Amount Due Date
Upon Acceptance $80,802.72
Upon Completion $53,868.48
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applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. Service Calls
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS,
REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS AN
INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY THAT
MAY OCCUR IN OR AT THE PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON
MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE
PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR
POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT
RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS EXPRESSLY DENIES AND DISCLAIMS
ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, ANY DEGREE,
WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS,
SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR
DAMAGE DUE TO ITS OR THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS
UNDER THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM,
IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT
FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES), WHICH, BUT
FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, Rev. 0
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Date:
Date:
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES,
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and the AMS Related Parties from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and the AMS Related Parties from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Ontario, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF THIS AGREEMENT AND THAT YOU HAVE READ AND
UNDERSTOOD ITS TERMS, ESPECIALLY THOSE PARAGRAPHS RELATING TO YOUR INDEMNIFICATION OF AMS AND ITS
AFFILIATES, AND ITS AND THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS AND SUBCONTRACTORS (“AMS RELATED PARTIES”), AMS AND THE AMS RELATED PARTIES’ LIMITED LIABILITY, AND THE COMPANY’S WARRANTY.
Client: Jessica Love
Contractor: AMS Connect
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Project No : AMS C-0000860 6/24/2021
PROPOSAL
Police Department Access Control
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
Presented By:
AMS Connect
Revision:
6/24/2021
3 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Tustin Larson
Email Address: [email protected] Project Number: AMS C-0000332
SCOPE OF WORK
AMS will provide the following:
• Provide pre-wire services including running Category 6 cable throughout the building to each door location and will be connected to an existing Power Over Ethernet (POE) switch located in the central server room location.
• Install and program five (5) Isonas access control readers for the Desert Hot Springs Police Department. The readers will be located in the Lobby Front Entrance, Jail Exterior Door, Back Door Entrance, Chief Exterior Door, and Chief Interior Door.
• AMS will re-use the existing electric door strike for the Front Entrance Door and will install new electric door strikes for all other doors.
• Configure and test all readers and strikes by AMS IT Staff. • Provide group training for up to 3 DHSPD Staff on how to program and use the system.
AMS Connect
Exterior Lobby Door
Unassigned
$37.20
Cat 6 550MHz Unshielded Wire - (Blue)
150 Wirepath NST-CAT6-1000-BLU
Axis Communications A8105-E $1,025.38
A8105-E Network video door station
1 Unassigned Total $1,062.58
Access Control
$58.00
Concrete/Wood Bracket For M32
1 Securitron SN-CWB32CL
Securitron M32 $429.00
Magnalock 600 lbs 12/24 Volt
1 Access Control Total $487.00
Exterior Lobby Door Total $1,549.58
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* Price Includes Accessories
Interior Lobby Door
Access Control
Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $936.67 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $984.87
Infrastructure
AMS IP Reader Prewire $27.30
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $27.30
Interior Lobby Door Total $1,012.17
Rev. 3
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* Price Includes Accessories
Evidence Room - Indoor
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Access Control IP Reader Controller w/ Keypad $1,035.00 Access Control IP Reader Controller, 256 Bit, Wall Mount, 8-Wire Pigtail, 3" Read Range, 125 Kilohertz, 5.1" x 3.25" x 0.17", With Keypad 1 Access Control Total $1,327.89
Infrastructure
AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $39.70
Evidence Room - Indoor Total $1,367.59
Rev. 3
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* Price Includes Accessories
Evidence Room - Trailer
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Access Control IP Reader Controller w/ Keypad $1,035.00 Access Control IP Reader Controller, 256 Bit, Wall Mount, 8-Wire Pigtail, 3" Read Range, 125 Kilohertz, 5.1" x 3.25" x 0.17", With Keypad 1 Access Control Total $1,327.89
Infrastructure
AMS Misc Conduit, Fittings and Connectors $400.00
Misc Conduit, Fittings and Connectors
1 AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $439.70
Evidence Room - Trailer Total $1,767.59
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Dispatch Main Door
Unassigned
Axis Communications A8105-E $1,025.38
A8105-E Network video door station
1 $37.20
Cat 6 550MHz Unshielded Wire - (Blue)
150 Wirepath NST-CAT6-1000-BLU
Unassigned Total $1,062.58
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $968.11 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $1,261.00
Infrastructure
AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $39.70
Dispatch Main Door Total $2,363.28
Rev. 3
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Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Dispatch Secondary Door
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $968.11 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $1,261.00
Infrastructure
AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $39.70
Dispatch Secondary Door Total $1,300.70
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Chief Exterior Door
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $936.67 Wall Mount Reader-Controller (125kHz, BLE)
1 $48.20
Provides power from Isonas reader to door strike
1 Isonas 10 ft. Power I/O Pigtail
Access Control Total $1,229.56
Infrastructure
AMS IP Reader Prewire $27.30
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $27.30
Chief Exterior Door Total $1,256.86
Rev. 3
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Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Chief Interior Door
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $936.67 Wall Mount Reader-Controller (125kHz, BLE)
1 $48.20
Provides power from Isonas reader to door strike
1 Isonas 10 ft. Power I/O Pigtail
Access Control Total $1,229.56
Infrastructure
AMS IP Reader Prewire $27.30
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $27.30
Chief Interior Door Total $1,256.86
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Exterior Jail Door
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $936.67 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $1,229.56
Infrastructure
AMS IP Reader Prewire $27.30
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $27.30
Exterior Jail Door Total $1,256.86
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Jail to Records Door
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $968.11 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $1,261.00
Infrastructure
AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $39.70
Jail to Records Door Total $1,300.70
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Jail to Watch Command Door
Access Control
ASSA ABLOY 8000C $244.69
HES 8000C Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $968.11 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $1,261.00
Infrastructure
AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $39.70
Jail to Watch Command Door Total $1,300.70
Misc.
Access Control
Isonas KF-3-20 $499.59
PROXIMITY KEYFOB (125 KHZ) ISONAS READER COMPATIBLE ONLY 20/PK 3 Access Control Total $499.59
Misc. Total $499.59
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Back Entry Door
Access Control
HES 9400-630 $554.58
HES 9400 Electric Strike
1 Isonas 10 ft. Power I/O Pigtail $48.20
Provides power from Isonas reader to door strike
1 Isonas Wall Mount Reader-Controller (125kHz, BLE) $936.67 Wall Mount Reader-Controller (125kHz, BLE)
1 Access Control Total $1,539.45
Infrastructure
AMS IP Reader Prewire $39.70
Includes Cat6 wire, ring, and accessories.
1 Infrastructure Total $39.70
Back Entry Door Total $1,579.15
Project Subtotal: $17,811.63
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $17,811.63
Misc. Parts Adjustment: $534.46
Labor: $16,840.07
Sales Tax: $1,421.82
Grand Total: $36,607.98
Payment Schedule Amount Due Date
Upon Acceptance $21,964.79
Upon Completion $14,643.19
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
Police Department Access Control
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
CONTRACT
Revision:
6/24/2021
3 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description is contained in the attached document and related documents from herein referred to as the “Proposal”.
B. The specific work to be performed by Contractor is the installation of the specified system as outlined in the Proposal.
C. The total amount to be paid by the owner for the performance (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule below. Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. If job is of a retro-fit/remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, owner agrees that he/she will be back-charged at a rate of $120 per man, per hour for all extra labor involved in completing the job.
H. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
I. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
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1. Contract Documents and Details
The contract documents consist of this agreement, including all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work. Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The above Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances.
Any disputes due to legal claims will be settled California Arbitration between the parties. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical Payment Schedule Amount Due Date
Upon Acceptance $21,964.79
Upon Completion $14,643.19
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Project No : AMS C-0000332 6/24/2021
applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. Service Calls
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS,
REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS AN
INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY THAT
MAY OCCUR IN OR AT THE PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON
MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE
PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR
POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT
RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS EXPRESSLY DENIES AND DISCLAIMS
ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, ANY DEGREE,
WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS,
SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR
DAMAGE DUE TO ITS OR THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS
UNDER THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM,
IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT
FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES), WHICH, BUT
FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
Date:
Date:
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES,
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and the AMS Related Parties from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and the AMS Related Parties from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Ontario, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF THIS AGREEMENT AND THAT YOU HAVE READ AND
UNDERSTOOD ITS TERMS, ESPECIALLY THOSE PARAGRAPHS RELATING TO YOUR INDEMNIFICATION OF AMS AND ITS
AFFILIATES, AND ITS AND THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS AND SUBCONTRACTORS (“AMS RELATED PARTIES”), AMS AND THE AMS RELATED PARTIES’ LIMITED LIABILITY, AND THE COMPANY’S WARRANTY.
Client: Jessica Love
Contractor: AMS Connect
Rev. 3
Police Department Access Control
Project No : AMS C-0000332 6/24/2021
PROPOSAL
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
Presented By:
AMS Connect
Revision:
6/24/2021
1 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Tustin Larson
Email Address: [email protected] Project Number: AMS C-0000351
SCOPE OF WORK
AMS will provide the following for the Desert Hot Springs Police Department:
• Detach and remove all existing analog cameras from the interior and exterior of the building • Conduct construction methods such as: drilling, cutting, screwing, hammering, etc. inside the building, on the exterior of the building, on the roof of the building, and in the surrounding parking lot areas. • Provide infrastructure for Future Parking Lot Cameras ***Electrical to enclosure to be provided by others*** • Run new Category 6 wires to existing camera locations and newly identified camera locations • Install new IP-enabled digital video cameras, video cameras with audio recording capabilities, specialty cameras, and pan/tilt/zoom (PTZ) cameras.
• Build and configure a custom Milestone XProtect Video Management Server • Coordinate with the City of Desert Hot Springs Information Technology Department to configure all networking configurations
• Provide training for Police Department Staff
AMS Connect
Existing Cameras: Lobby
Surveillance
Axis Communications P3375-LV $1,025.38
Network Camera, HDTV 1080p, Indoor Fixed Dome, WDR, Built-in IR illumination 1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,114.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Lobby Total $1,157.28
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Exterior Front Entry: East
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Exterior Front Entry: East Total $772.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Exterior Front Entry: South
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $654.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Exterior Front Entry: South Total $697.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Exterior Front Entry: Exit Slide Gate Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Exterior Front Entry: Exit Slide Gate Total $772.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: North East Parking Lot
Surveillance
Axis M3205-LVE $1,280.76
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
2 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,369.76
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: North East Parking Lot Total $1,412.66 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Exterior Jail Door: Entry Slide Gate
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Exterior Jail Door: Entry Slide Gate Total $772.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Exterior Jail Door: Jail Door
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Exterior Jail Door: Jail Door Total $772.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Exterior Jail Door: North
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Exterior Jail Door: North Total $772.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Jail Common Area: West
Surveillance
Axis Communications P3375-LV $1,025.38
Network Camera, HDTV 1080p, Indoor Fixed Dome, WDR, Built-in IR illumination 1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,114.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Jail Common Area: West Total $1,157.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Jail Common Area: East
Surveillance
Axis Communications P3375-LV $1,025.38
Network Camera, HDTV 1080p, Indoor Fixed Dome, WDR, Built-in IR illumination 1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,114.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Jail Common Area: East Total $1,157.28 Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Jail Cell 1
Surveillance
Axis Communications Q9216-SLV $1,474.55
Impact-resistant anti-ligature camera
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,563.55
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Jail Cell 1 Total $1,606.45
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Jail Cell 2
Surveillance
Axis Communications Q9216-SLV $1,474.55
Impact-resistant anti-ligature camera
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,563.55
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Jail Cell 2 Total $1,606.45
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Jail Cell 3
Surveillance
Axis Communications Q9216-SLV $1,474.55
Impact-resistant anti-ligature camera
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,563.55
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Jail Cell 3 Total $1,606.45
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Existing Cameras: Interview Room
Surveillance
Axis F1035-E $345.22
Axis F1035-E Sensor Unit for F Series Main Units, 12 m Cable, IP66, Fisheye Lens / 194º Horizontal FoV, Full HDTV 1080P, WDR / Forensic Capture Capable 1 Axis F41 Main Unit $576.22
F41 Main Unit
1 Axis F8235 $50.05
F8235 FISHEYE ACCESSORY
1 Axis T8351 MK II $127.05
T8351 MK II Microphone 3.5mm Omni-Directional, Dust-and-Water-proof Casing 1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,187.54
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Existing Cameras: Interview Room Total $1,230.44
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Server Room
Surveillance
Milestone Server Allowance $12,000.00
To build and program custom Milestone XProtect Express+ Video Recording Server
1 Milestone Systems XPEXPLUSBL $19.00
XProtect Express+ Base License
1 Surveillance Total $12,019.00
Network
Aruba 2930F $4,730.00
48 Port PoE+ (750w) Fixed network switch
1 Network Total $4,730.00
Server Room Total $16,749.00
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
New Cameras: Garage: East Door
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
New Cameras: Garage: East Door Total $772.28
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
New Cameras: Garage: West Door
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
New Cameras: Garage: West Door Total $772.28
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
New Cameras: Evidence: North Door
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
New Cameras: Evidence: North Door Total $772.28
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
New Cameras: Evidence: West Door
Surveillance
Axis M3205-LVE $640.38
M3205-LVE 1080P FIXED DOME CAMHD, H.264/M-JPEG, 100 FOV WDR, IR, POE, IK10
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $729.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
New Cameras: Evidence: West Door Total $772.28
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
New Cameras: Exterior Rear Entry
Surveillance
Axis Communications M3057-PLVE $832.88
6 MegaPixel dome network camera with 360 degree panoramic view for all light condition
1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $921.88
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
New Cameras: Exterior Rear Entry Total $964.78
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
New Cameras: New Interview Room
Surveillance
Axis F1035-E $345.22
Axis F1035-E Sensor Unit for F Series Main Units, 12 m Cable, IP66, Fisheye Lens / 194º Horizontal FoV, Full HDTV 1080P, WDR / Forensic Capture Capable 1 Axis F41 Main Unit $576.22
F41 Main Unit
1 Axis F8235 $50.05
F8235 FISHEYE ACCESSORY
1 Axis T8351 MK II $127.05
T8351 MK II Microphone 3.5mm Omni-Directional, Dust-and-Water-proof Casing 1 Milestone Systems XPEXPLUSDL $75.00
XProtect Express+ Single Device License
1 Milestone Systems YXPEXPLUSDL $14.00
XProtect Express+ One Year Care Plus
1 Surveillance Total $1,187.54
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
New Cameras: New Interview Room Total $1,230.44
Project Subtotal: $37,526.31
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $37,526.31
Misc. Parts Adjustment: $1,876.42
Labor: $15,252.71
Sales Tax: $2,919.52
Grand Total: $57,574.96
Payment Schedule Amount Due Date
Upon Acceptance $34,544.98
Upon Completion $23,029.98
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
CONTRACT
Revision:
6/24/2021
1 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description is contained in the attached document and related documents from herein referred to as the “Proposal”.
B. The specific work to be performed by Contractor is the installation of the specified system as outlined in the Proposal.
C. The total amount to be paid by the owner for the performance (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule below. Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. If job is of a retro-fit/remodel nature on an existing structure, and scope of work exceeds time estimated to complete because of unforeseen circumstances, owner agrees that he/she will be back-charged at a rate of $120 per man, per hour for all extra labor involved in completing the job.
H. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
I. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work. Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The above Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances.
Any disputes due to legal claims will be settled California Arbitration between the parties. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical Payment Schedule Amount Due Date
Upon Acceptance $34,544.98
Upon Completion $23,029.98
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. Service Calls
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS,
REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS AN
INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY THAT
MAY OCCUR IN OR AT THE PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON
MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE
PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR
POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT
RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS EXPRESSLY DENIES AND DISCLAIMS
ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, ANY DEGREE,
WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS,
SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR
DAMAGE DUE TO ITS OR THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS
UNDER THIS AGREEMENT, INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM,
IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT
FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES), WHICH, BUT
FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
Date:
Date:
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES,
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and the AMS Related Parties from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and the AMS Related Parties from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Ontario, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF THIS AGREEMENT AND THAT YOU HAVE READ AND
UNDERSTOOD ITS TERMS, ESPECIALLY THOSE PARAGRAPHS RELATING TO YOUR INDEMNIFICATION OF AMS AND ITS
AFFILIATES, AND ITS AND THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS AND SUBCONTRACTORS (“AMS RELATED PARTIES”), AMS AND THE AMS RELATED PARTIES’ LIMITED LIABILITY, AND THE COMPANY’S WARRANTY.
Client: Jessica Love
Contractor: AMS Connect
Rev. 1
Police Department Camera System Refresh
Project No : AMS C-0000351 6/24/2021
Revison1 - 12/22/21
This is a listing of all approved contracts and change orders to date for the TI work at the Desert Hot Springs Police Department Building.
Approved Contracts & Change Orders
Police Department TI Work C-860: .....................................................$134,671.20 This contract covers the installation of low voltage data, phone, audio, and video distribution systems.
Police Department Access Control C-332:...............................................$36,607.98 This contract covers the installation of access control devices, door strikes, and intercom systems.
Video Intercom Upgrade CO1 for C-332 ...................................................$4,841.77 This is a change order to the Access Control contract.
Upgraded audio only intercom system to vandal resistant video and audio intercom system.
Police Department Camera System Refresh C-351..................................$57,574.96 This contract covers the replacement of current camera
system.
Police Department Fire Protection C-1339 .............................................$56,097.88 This contract covers a new fire alarm and server room clean agent fire retardant system.
Police Department Contract totals.......................................................$289,793.79
Revison1 - 12/22/21
Pending Change Orders Approved and in process
Additional Cameras CO1 for C-351: ..........................................................$4,122 This is a change order to the Camera Refresh contract.
Addition of camera positions in the Amory and Server Room.
Includes prewire run, Milestone VMS licensing, installation, and configuration.
Additional Video Intercom Position CO3 for C-332 ...................................$1,768 This is a change order to the Access Control contract.
Addition of a video intercom station at the interior hall door for entry to the dispatch area.
Approved Change Order totals ................................................................$5,890
Revison1 - 12/22/21
Pending Change Orders in process
Video Wall Reconfiguration CO1 for C-860.............................................$26,429 This is a change order to the IT Work contract.
This is a request to reconfigure the two 100” displays to a twelve-display video wall system that rings the dispatch desks.
Milestone VMS License Upgrade CO2 for C-351........................................$3,217 This is a change order to the Camera Refresh contract.
The camera count for the Police Station Camera Refresh and the upcoming Annex building requires the upgrade of the licensing for the Milestone Video Management System at the Police Station. The existing cost for the Express+ license was credited and the Professional+ has been applied.
Milestone VMS Server Upgrade CO3 for C-351.......................................$16,930 This is a change order to the Camera Refresh contract.
The Milestone VMS server has been upgraded to provide a full one year of recording time to five camera locations. Overall storage and processing capabilities were added to the existing server with accommodation for cameras in the Annex building as well as the Police Station.
Pending Change Order totals.................................................................$46,576
Revison1 - 12/22/21
Grand Total Page
Police Department Contract totals.......................................................$289,793.79 Approved Change Order totals ................................................................$5,890.00 Pending Change Order totals.................................................................$46,576.00 Grand Total .........................................................................................$342,259.79
CHANGE ORDER
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
Presented By:
AMS Connect
CO Num:
12/22/2021
1 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Paul Talley
Email Address: [email protected] Project Number: AMS C-0000351 Camera Additions
SCOPE OF WORK
This change order covers the addition of camera positions in the Amory and Server Room. Includes prewire run, Milestone VMS licensing, installation, and configuration.
AMS Connect
Server Room
Surveillance
Axis Communications P3375-LV $1,025.38
Network Camera, HDTV 1080p, Indoor Fixed Dome, WDR, Built-in IR illumination 1 Milestone Systems XPPPLUSDL $169.00
XProtect Professional+ Device License
1 Milestone Systems YXPPPLUSDL $31.00
One Year Care Plus for XProtect Professional+ Device License 1 Surveillance Total $1,225.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Server Room Total $1,268.28
Number: 1
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
* Price Includes Accessories
Armory
Surveillance
Axis Communications P3375-LV $1,025.38
Network Camera, HDTV 1080p, Indoor Fixed Dome, WDR, Built-in IR illumination 1 Milestone Systems XPPPLUSDL $169.00
XProtect Professional+ Device License
1 Milestone Systems YXPPPLUSDL $31.00
One Year Care Plus for XProtect Professional+ Device License 1 Surveillance Total $1,225.38
Infrastructure
AMS Camera Prewire $42.90
Includes Cat6 wire, ring, plate and accessories.
1 Infrastructure Total $42.90
Armory Total $1,268.28
Project Subtotal: $2,536.56
Number: 1
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $2,536.56
Misc. Parts Adjustment: $126.84
Labor: $1,283.76
Sales Tax: $173.86
Grand Total: $4,121.02
Payment Schedule Amount Due Date
Upon Acceptance $2,472.61
Upon Completion $1,648.41
Number: 1
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
CONTRACT
Revision:
12/22/2021
2 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal”.
B. The specific work to be performed by Contractor is outlined in the Proposal.
C. The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule identified in the Proposal and Section E below.
Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
Payment Schedule Amount Due Date
Upon Acceptance $2,472.61
Upon Completion $1,648.41
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. SERVICE CALLS
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR
AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS
AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY
THAT MAY OCCUR IN, ON OR AT THE PREMISES, INCLUDING BUT NOT LIMITED TO WHETHER AS A RESULT OF
BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE
VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN
OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS
EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT,
NEGLIGENCE, ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS,
CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR
THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES),
WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES,
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Date:
Date:
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and officers, from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and officers, (collectively “AMS Related Parties”) from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney’s fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ ALL PAGES OF THIS AGREEMENT, INCLUDING
ANY ATTACHMENTS, AND THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PARAGRAPHS DISCUSSING ANY LIMITED LIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client: Jessica Love
Contractor: AMS Connect
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Police Department Access Control
City of Desert Hot Springs Video Intercom Upgrade
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
EmailAddress: j|[email protected] Modi?ed, 10/93/2021
NW
Presented By:
Paul Talley
AMS Connect
E U n n E E T 74794 42nd Ave, Suite 1 '2;
‘
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Palm Desert, CA 92260 United States ~
760-341-3593
http://www.amsconnectme.com/ AV ll Sl?lllllll |lllEl3llAllllll
Exterior Lobby Door
Intercom
1 Aiphone IX-DVF $1,567.91 *
IPVideo Door Station, Sip Compatible, Vandal Resistant, Flush Mount, Stainless Steel.
1 Aiphone SBX-lDVF
Stainless Steel Surface Mount Box for IX-DVF
150 Wirepath NST—CAT6-1000-BLU
Cat 6 SSOMHZUnshielded Wire - (Blue)
-1 Axis Communications A8105-E ($1,062.58) *
A81O5-ENetwork video door station
~150 Wirepath NST-CAT6-1000-BLU
Cat 6 550MHz Unshielded Wire — (Blue)
Intercom Total $505.33
Exterior Lobby Door Total $505.33
Interior Lobby Reception Desk
Intercom
1 Aiphone IX-MV7—HB $1,358.17 *
IP Video Master Station, 7" Touchscreen, with Handset
150 Wirepath NST—CAT6—1000~BLU
Cat 6 550MHz Unshielded Wire — (Blue)
Intercom Total $1,358.17
Interior Lobby Reception Desk Total $1,358.17
* Price Includes Accessories
Dispatch Main Door
Intercom
1 Aiphone IX-DVF $1,345.85 *
IPVideo Door Station, Sip Compatible, Vandal Resistant, Flush Mount, Stainless Steel.
150 Wirepath NST—CAT6—1000—BLU
Cat 6 550MHz Unshielded Wire - (Blue)
-1 Axis Communications A8105-E ($1,062.58) *
A8105-E Network video door station
~150 Wirepath NST»CAT6—1000—BLU
Cat 6 550MHz Unshielded Wire - (Blue)
Intercom Total $283.28
Dispatch Main Door Total $283.28
Dispatch Desk
Intercom
1 Aiphone IX-MV7-HB $1,358.17 *
IPVideo Master Station, 7" Touchscreen, with Handset
‘I50 Wirepath NST-CAT64000-BLU
Cat 6 550MHz Unshielded Wire ~ (Blue)
Intercom Total 51353-17
Project Subtotal: $3.504-95
* Price Includes Accessories
;
Equipment: $3,504.95
Misc. Parts Adjustment: $105.16
Labor: $951.88
Sales Tax: $279.78
Due Upon Completion: $4,841.17
“Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
[Q- H~o\l
J sica Love Date
Contractor: AMS Connect Date
944895 ACO 6917
Police Department Access Control
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
Presentecl By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA92260 United States
760—341-3593
Revision: 4
Modi?ed: 10/5/2021
http://www.amsconnectme.com/
A.
A‘l ll Si?llllllllllltllllkllllll
The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal".
The speci?c work to be performed by Contractor is outlined in the Proposal.
The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total speci?ed in the Proposal.
Progress payments willbe made according to the payment schedule identi?ed in the Proposal and Section E below.
Equipment willnot be ordered untilthe equipment deposit has been received. These times are subject to the timing ofthe construction and the lead times required for the ordered equipment to be delivered.
Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
This Proposal expires 30 days following the date stated on the top of this agreement. No work willbe scheduled without a deposit plus a signed copy of this agreement. Alldrawings and speci?cations contingent on agreement and retainer.
Alldrawings and documentation are contingent on retainer. Since preparing a proposal requires system design &engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. if a second version is requested or if project is for design &documentation only. a Design Retainer may be required. The retainer covers design &engineering time and is non—refundab1e. A qoute for the Design Retainer willbe submitted for approval before the work begins.
Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor willnot be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, speci?cations, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents willnot be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless speci?cally documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
Vl?threspect to schedule completion of the tasks in section D, time is of the essence. lfContractor is delayed at any time in the progress of the work by owner change orders, ?re, labor disputes, acts of God or other causes beyond Contractor's control, the Zornpletion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the e ay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, ifpossible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor willhold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modi?cations without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writingthe amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alterthe contracts payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMSwarrants to the original customer purchaser and not for the bene?t of anyone else that the work performed by AMSat the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by theoriginal equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’only obligation is to correct such defects by repair or replacement, at its option, ifwith in such one-year period AMS is noti?ed in writing with a description of the problem. This warranty is void ifthis roduct or installation is modi?ed without the express written permission of AMS, used in an improper environment, overloa ed, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturers warranty policies. There is no other or implied warranties of any kind, including merchantability and?tnessfor a particularpurpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such impliedwarranty, including merchantability and ?tness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or pro?ts or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or othenivise.
Allsoftware code shall remain the property of AMS. The customer receives permission to use thesoftwareonly at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical,medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
No Other Representations or Warranties: Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party's behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any
representation or warranty made by the other party, or any other person on such party's behalf.except as speci?cally provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fullyto be performed therein.
7. SERVICE CALLS
Upon noti?cation of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately ?ve business days. In the event that the problem is determined not to be covered by the warranty, t en the customer willbe charged for the service call. Allservice calls (including warranty work) shall be during normal of?ce hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATIONOF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHERAMSNOR ITS AFFILIATES, NOR ANYOF ITS OR THEIR AGENTS,
REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORSIS AN INSUREROF
OR AGAINSTANYPOTENTIAL OR ACTUAL LOSS OR DAMAGE,TO PERSON OR PROPERTY THAT MAYOCCUR IN,ON OR AT THE PREMISES, INCLUDINGBUT NOT LIMITEDTO WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE.
CARBON MONOXIDE POISONING, PHYSICAL HARMTO ANYPERSON, ENTRY INOR ONTO THE PREMISES, THE CONDUCTOF ANYPERSONS INOR ON THE PREMISES, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE PAYMENTS
YOU MAKEUNDER THIS AGREEMENT ARE NOT RELATEDTO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR
THE PERSONS OCCUPYING OR AT ANYTIME PRESENT IN OR ON THE PREMISES, BUTRATHER ARE BASED ON THE
COST OF THE SYSTEM ANDTHE SERVICES, ANDTAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS EXPRESSLY DENIES AND DISCIAIMS ALLLIABILITYFOR ANY LOSS OR DAMAGE WHICH MAYOCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT.THIS INCLUDES LIABILITYBASED ON CONTRACT,
TORT, NEGLIGENCE, ANYDEGREE, WARRANTY(INCLUDING MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE) ANDALLOTHER THEORIES OF LIABILITY.
IF AMS OR ANYOF ITS AFFILIATES, OR ANYOF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES, SHAREHOLDERS,
OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORSOR
SUBCONTRACTORSARE FOUNDLIABLEFOR ANYLOSS OR DAMAGE DUE TO ITS OR THEIR NEGLIGENCE OR THE
FAILURETO PERFORM ITS OR THEIR OBLIGATIONSUNDERTHIS AGREEMENT, INCLUDING INSTALLING, MONITORING,
REPAIRING OR TAKING OVER THE SYSTEM, INANYRESPECT AT ALL,THE MAXIMUMLIABILITY(INCLUDINGJOINT AND SEVERAL LIABILITY)WILLBE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVEREMEDY.
THIS LIMITATION OF LIABILITYSPECIFICALLYCOVERS LIABILITYFOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTALFINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BYTHIS LIMITATION OF LIABILITYARE THE FOLLOWINGTYPES OF DAMAGES: DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM ANACT, BUT DO NOT DIRECTLYRELATE TO THE ACT) AND PUNITIVE(DAMAGES USEDTO MAKEAN EXAMPLEOF SOMEONE).
THE LIMITATIONSOF LIABILITYSET FORTH INTHIS SECTIONAPPLY TO ANYACTS, OMISSIONS, AND NEGLIGENCEOF
AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, SERVICE
PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES), WHICH, BUT FOR THIS SECTION, MAYGIVE RISE TO A CAUSE OF ACTION INCONTRACT, TORT OR UNDERANYOTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage. THE PAYMENTS
YOU MAKEUNDER THIS AGREEMENT ARE NOT RELATEDTO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR
THE PERSONS OCCUPYING OR AT ANYTIME PRESENT INOR ON THE PREMISES, BUT RATHER ARE BASED ON THE
COST OF THE SYSTEMANDTHE SERVICES, AND TAKE INTOCONSIDERATION THE PROTECTIONS AFFORDEDTO AMS UNDERTHIS AGREEMENT.You hereby release AMS and its af?liates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and of?cers, from any liabilityfor any event or condition customarily covered by homeowners or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks. AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or ?re and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your bene?t. Therefore, you agree to protectlindemnify, hold harmless, defend (if requested by AMS) and release AMS and its af?liates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and of?cers, (collectively “AMS Related Parties") from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys‘ fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the
Services AMS provides. This protection?ndemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMSemployees were on the Premises and which were caused solely and directly by those employees.
INCASE OF ANYTHIRDPARTY CLAIMOR LOSS COVEREDBYYOUR INSURANCE, YOU AGREE NOTTO LOOK TO THE COMPANYOR THE COMPANYRELATEDPARTIES FOR REIMBURSEMENT.YOU WAIVEANYRIGHTSTHAT YOUR
INSURANCECARRIEROR OTHERS CLAIMINGTHROUGH YOU MAY HAVE AGAINSTTHE COMPANY OR ANYCOMPANY RELATEDPARTY, INCLUDINGANYRIGHTSOF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMSor any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determinationof the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, Californiaor Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS‘StreamlinedArbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website ( www.jamsadr.com). Judgment on the Award may be entered In any court havingjurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriatejurisdiction. The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney's fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGEANDAGREE THAT YOU HAVE COMPLETELYREADALL PAGES OF THIS AGREEMENT,
INCLUDINGANYATTACHMENTS, ANDTHAT YOU FULLYUNDERSTANDALLOF ITS TERMS AND CONDITIONS, INCLUDING
BUT NOT LIMITEDTO THOSE PARAGRAPHS DISCUSSING ANYLIMITEDLIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client:Jew Date‘
Contractor: AMS Connect Date?
CHANGE ORDER
Police Department Access Control
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
Presented By:
AMS Connect
CO Num:
12/22/2021
3 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Paul Talley
Email Address: [email protected] Project Number: AMS C-0000332 Intercom Station Addition
SCOPE OF WORK
This is a change order covers the addition of a video
intercom station at the interior hall door for entry to the dispatch area.
AMS Connect
Dispatch Secondary Door
Intercom
$24.80
Cat 6 550MHz Unshielded Wire - (Blue)
100 Wirepath NST-CAT6-1000-BLU
Aiphone IX-DVF $1,308.66
IP Video Door Station, Sip Compatible, Vandal Resistant, Flush Mount, Stainless Steel.
1 Intercom Total $1,333.46
Dispatch Secondary Door Total $1,333.46
Project Subtotal: $1,333.46
Number: 3
Police Department Access Control
Project No : AMS C-0000332 12/28/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $1,333.46
Misc. Parts Adjustment: $40.00
Labor: $288.01
Sales Tax: $106.44
Grand Total: $1,767.91
Payment Schedule Amount Due Date
Upon Acceptance $1,060.75
Upon Completion $707.16
Number: 3
Police Department Access Control
Project No : AMS C-0000332 12/28/2021
Police Department Access Control
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
CONTRACT
Revision:
12/22/2021
6 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal”.
B. The specific work to be performed by Contractor is outlined in the Proposal.
C. The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule identified in the Proposal and Section E below.
Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 6
Police Department Access Control
Project No : AMS C-0000332 12/28/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
Payment Schedule Amount Due Date
Upon Acceptance $1,060.75
Upon Completion $707.16
Rev. 6
Police Department Access Control
Project No : AMS C-0000332 12/28/2021
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. SERVICE CALLS
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR
AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS
AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY
THAT MAY OCCUR IN, ON OR AT THE PREMISES, INCLUDING BUT NOT LIMITED TO WHETHER AS A RESULT OF
BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE
VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN
OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS
EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT,
NEGLIGENCE, ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS,
CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR
THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES),
WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES,
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, Rev. 6
Police Department Access Control
Project No : AMS C-0000332 12/28/2021
Date:
Date:
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and officers, from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and officers, (collectively “AMS Related Parties”) from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney’s fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ ALL PAGES OF THIS AGREEMENT, INCLUDING
ANY ATTACHMENTS, AND THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PARAGRAPHS DISCUSSING ANY LIMITED LIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client: Jessica Love
Contractor: AMS Connect
Rev. 6
Police Department Access Control
Project No : AMS C-0000332 12/28/2021
CHANGE ORDER
Police Department TI Work
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240
760.329.6411
Presented By:
AMS Connect
CO Num:
12/22/2021
1 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Paul Talley
Email Address: [email protected] Project Number: AMS C-0000860 Video Wall Upgrade
SCOPE OF WORK
This change order details the reconfiguration of the display system in the Dispatch area from two 100" displays to twelve 55" displays. Each display will show images from the camera system. The computer hardware has been expanded and will be housed in the server room. Current models have been updated on the distribution hardware.
AMS Connect
Server Room
Audio/Video
Crestron Electronics DMF-CI-8 $2,000.00
DigitalMedia Card Chassis for DM-NVX-C & DMCF, 8 Slots
1 $123.32
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
4 Binary B6-4K2-1.5
$25.12
Cat 6 Ethernet Patch Cable - 10 ft | Blue
4 Wirepath WP-PC-CAT6-10FT-BLU
Crestron Electronics DM-NVX-E30C $5,200.00
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder Card
4 ($123.32)
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
-4 Binary B6-4K2-1.5
($25.12)
Cat 6 Ethernet Patch Cable - 10 ft | Blue
-4 Wirepath WP-PC-CAT6-10FT-BLU
Lenovo P330 i7 ($8,000.00)
Velasea Tiny Workstation i7
-4
$184.98
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
6 Binary B6-4K2-1.5
$37.68
Cat 6 Ethernet Patch Cable - 10 ft | Blue
6 Wirepath WP-PC-CAT6-10FT-BLU
Lenovo P340 i7-OS $17,709.66
Velasea Tiny Workstation i7 w/Windows 10 OS
6 Audio/Video Total $17,132.32
Server Room Total $17,132.32
Number: 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
* Price Includes Accessories
Dispatch
Audio/Video
($739.92)
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
-24 Binary B6-4K2-1.5
($50.24)
Cat 6 Ethernet Patch Cable - 10 ft | Blue
-8 Wirepath WP-PC-CAT6-10FT-BLU
Crestron Electronics DM-NVX-350 ($14,400.00)
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder/Decoder
-8
$739.92
1.5m(5ft) 4K Ultra HD Premium Certified High Speed HDMI Cable with GripTek
24 Binary B6-4K2-1.5
$75.36
Cat 6 Ethernet Patch Cable - 10 ft | Blue
12 Wirepath WP-PC-CAT6-10FT-BLU
Crestron Electronics DM-NVX-360 $21,600.00
DigitalMedia 4K60 4:4:4 HDR Network AV Encoder/Decoder
12 Future Automation PS80 ($2,800.00)
Articulated TV wall mount for 80" to 110" Display
-2
Planar URX100 ($37,800.00)
Planar UltraRes X Series-100" 4K LCD Displays
-2
$26,129.40
4K UHD Narrow Bezel LED Monitor 500 NIT
12 Samsung QM55R
12 $2,257.68
4D Axis Tilt Premium Wall Mount For 46"-90" Displays
Sanus VDLT17
1 Samsung Display Package $28,387.08
Audio/Video Total ($4,987.80)
Network
AMS Data Prewire (3+1) $667.32
Includes 3 Cat6 cables, 1 RG6 coax, ring, plate, and accessories. 4 Network Total $667.32
Number: 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
* Price Includes Accessories
Dispatch Total ($4,320.48)
Project Subtotal: $12,811.84
Number: 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $12,811.84
Misc. Parts Adjustment: $640.62
Labor: $11,933.02
Sales Tax: $1,042.57
Grand Total: $26,428.05
Payment Schedule Amount Due Date
Upon Acceptance $15,856.83
Upon Completion $10,571.22
Number: 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
Police Department TI Work
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240
760.329.6411
CONTRACT
Revision:
12/22/2021
1 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal”.
B. The specific work to be performed by Contractor is outlined in the Proposal.
C. The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule identified in the Proposal and Section E below.
Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
Payment Schedule Amount Due Date
Upon Acceptance $15,856.83
Upon Completion $10,571.22
Rev. 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. SERVICE CALLS
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR
AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS
AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY
THAT MAY OCCUR IN, ON OR AT THE PREMISES, INCLUDING BUT NOT LIMITED TO WHETHER AS A RESULT OF
BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE
VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN
OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS
EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT,
NEGLIGENCE, ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS,
CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR
THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES),
WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES,
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, Rev. 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
Date:
Date:
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and officers, from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and officers, (collectively “AMS Related Parties”) from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney’s fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ ALL PAGES OF THIS AGREEMENT, INCLUDING
ANY ATTACHMENTS, AND THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PARAGRAPHS DISCUSSING ANY LIMITED LIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client: Jessica Love
Contractor: AMS Connect
Rev. 1
Police Department TI Work
Project No : AMS C-0000860 12/28/2021
CHANGE ORDER
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
Presented By:
AMS Connect
CO Num:
12/22/2021
2 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Paul Talley
Email Address: [email protected] Project Number: AMS C-0000351 Milestone Licensing Upgrade
SCOPE OF WORK
This change order covers the upgrade of the video management system software. The camera count for the Police Station Camera Refresh and the upcoming Annex building requires the upgrade of the licensing for the Milestone Video Management System at the Police Station. The existing cost for the Express+ license was credited and the Professional+ has been applied.
AMS Connect
Existing Cameras
Surveillance
Milestone Systems XPEXPLUSDL ($975.00)
XProtect Express+ Single Device License
-13
Milestone Systems XPPPLUSDL $2,366.00
XProtect Professional+ Device License
14 Milestone Systems YXPEXPLUSDL ($196.00)
XProtect Express+ One Year Care Plus
-14
Milestone Systems YXPPPLUSDL $434.00
One Year Care Plus for XProtect Professional+ Device License 14 Surveillance Total $1,629.00
Existing Cameras Total $1,629.00
Server Room
Surveillance
Milestone Systems XPEXPLUSBL ($19.00)
XProtect Express+ Base License
-1
Milestone Systems XPPPLUSBL $499.00
XProtect Professional+ Base License
1 Surveillance Total $480.00
Server Room Total $480.00
Number: 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
* Price Includes Accessories
New Cameras
Surveillance
Milestone Systems XPEXPLUSDL ($450.00)
XProtect Express+ Single Device License
-6
Milestone Systems XPPPLUSDL $1,014.00
XProtect Professional+ Device License
6 Milestone Systems YXPEXPLUSDL ($84.00)
XProtect Express+ One Year Care Plus
-6
Milestone Systems YXPPPLUSDL $186.00
One Year Care Plus for XProtect Professional+ Device License 6 Surveillance Total $666.00
New Cameras Total $666.00
Project Subtotal: $2,775.00
Number: 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $2,775.00
Misc. Parts Adjustment: $138.75
Labor: $308.70
Sales Tax: ($6.10)
Grand Total: $3,216.35
Payment Schedule Amount Due Date
Upon Acceptance $1,929.81
Upon Completion $1,286.54
Number: 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
CONTRACT
Revision:
12/22/2021
2 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal”.
B. The specific work to be performed by Contractor is outlined in the Proposal.
C. The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule identified in the Proposal and Section E below.
Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
Payment Schedule Amount Due Date
Upon Acceptance $1,929.81
Upon Completion $1,286.54
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. SERVICE CALLS
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR
AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS
AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY
THAT MAY OCCUR IN, ON OR AT THE PREMISES, INCLUDING BUT NOT LIMITED TO WHETHER AS A RESULT OF
BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE
VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN
OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS
EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT,
NEGLIGENCE, ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS,
CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR
THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES),
WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES,
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Date:
Date:
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and officers, from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and officers, (collectively “AMS Related Parties”) from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney’s fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ ALL PAGES OF THIS AGREEMENT, INCLUDING
ANY ATTACHMENTS, AND THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PARAGRAPHS DISCUSSING ANY LIMITED LIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client: Jessica Love
Contractor: AMS Connect
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
CHANGE ORDER
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
Presented By:
AMS Connect
CO Num:
12/22/2021
3 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Paul Talley
Email Address: [email protected] Project Number: AMS C-0000351 Milestone Server Upgrade
SCOPE OF WORK
This change order covers the Milestone VMS server. The Server has been upgraded to provide a full one year of recording time to five camera locations. Overall storage and processing capabilities were added to the existing server with accommodation for cameras in the Annex building as well as the Police Station.
AMS Connect
Server Room
Surveillance
Custom Custom Server $26,357.14
Intel C621 Chipset - 8x SATA3 - 1x M.2 - Dual Intel 1-Gigabit Ethernet - 16-Core Intel Xeon Gold Processor 2.9GHz 22MB Cache (150W) - 8 x 8GB PC4-23400 2933MHz DDR4 ECC RDIMM
- 800GB Micron 7300 MAX Series M.2 PCIe 3.0 x4 NVMe Solid State Drive - 16 x 18TB SAS 3.0 12.0Gb/s 7200RPM HD
1 Milestone Server Allowance ($12,000.00)
To build and program custom Milestone XProtect Express+ Video Recording Server
-1
Surveillance Total $14,357.14
Network
Aruba 2930F ($4,730.00)
48 Port PoE+ (750w) Fixed network switch
-1
$306.00
SFP+ Transceiver Module - 10 Gig
1 Juniper Networks SFPP10GESRST
Juniper Networks EX2300-48P $4,073.32
EX2300 48-port 10/100/1000BASE-T PoE+, 4 x 1/10GbE SFP/SFP+ (optics sold separately)
1 Network Total ($350.68)
Server Room Total $14,006.46
Project Subtotal: $14,006.46
Number: 3
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
* Price Includes Accessories
Date
Jessica Love Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $14,006.46
Misc. Parts Adjustment: $700.33
Labor: $1,082.64
Sales Tax: $1,139.78
Grand Total: $16,929.21
Payment Schedule Amount Due Date
Upon Acceptance $10,157.53
Upon Completion $6,771.68
Number: 3
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Police Department Camera System Refresh
City of Desert Hot Springs
65950 Pierson Blvd.
Desert Hot Springs, CA 92240
760.329.6411
CONTRACT
Revision:
12/22/2021
2 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal”.
B. The specific work to be performed by Contractor is outlined in the Proposal.
C. The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule identified in the Proposal and Section E below.
Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or systems having these applications is neither warranted nor authorized.
Payment Schedule Amount Due Date
Upon Acceptance $10,157.53
Upon Completion $6,771.68
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. SERVICE CALLS
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR
AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS
AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY
THAT MAY OCCUR IN, ON OR AT THE PREMISES, INCLUDING BUT NOT LIMITED TO WHETHER AS A RESULT OF
BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE
VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN
OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS
EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT,
NEGLIGENCE, ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS,
CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR
THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES),
WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES,
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
Date:
Date:
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and officers, from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and officers, (collectively “AMS Related Parties”) from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney’s fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ ALL PAGES OF THIS AGREEMENT, INCLUDING
ANY ATTACHMENTS, AND THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PARAGRAPHS DISCUSSING ANY LIMITED LIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client: Jessica Love
Contractor: AMS Connect
Rev. 2
Police Department Camera System Refresh
Project No : AMS C-0000351 12/28/2021
PROPOSAL
Police Department Fire Protection
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
Presented By:
AMS Connect
Revision:
11/29/2021
0 http://www.amsconnectme.com/
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
Modified:
Paul Talley
Email Address: [email protected] Project Number: AMS C-0001339
SCOPE OF WORK
This proposal details the installation of a Fire Protection System and a Clean Agent Fire Suppression System for the Desert Hot Springs Police Department.
Fire Protection System
· AMS will install a new fire panel and all expansion hardware required to interface with the existing sprinkler system and the new Clean Agent Fire Suppression system. This system will include new visual strobes, audible sirens/strobes, and smoke detectors throughout the Police Department main building and attached evidence building.
Dry Fire Suppression System
· AMS will install a Clean Agent Fire Suppression system in the Server Room. This system provides fire protection of high-value data assets. The suppression agent is electrically nonconductive and does not damage electronic equipment such as computer servers. Fire events are suppressed faster than standard sprinkler systems and reduces damage from smoke and soot caused by fire.
AMS Connect
Server Room
Fire System
FPS Clean Agent Suppression System $29,650.70
Fike SHP Pro with NOVEC Clean Agent Suppression System
1 Fire System Total $29,650.70
Server Room Total $29,650.70
Rev. 0
Police Department Fire Protection
Project No : AMS C-0001339 11/29/2021
* Price Includes Accessories
Fire Alarm Closet
Fire System
1 Fire Protection System $4,673.19
$248.00
Fire annunciator keypad
1 Bosch FMR-7036
$610.00
Fire alarm control panel, 4 Zone, 24 Volt, red enclosure 1 Bosch FPD-7024
1 $151.98
Four-Point expander
Bosch FPC-7034
2 $160.00
Power Patrol, Model SLA1116, 12V18Ah General Purpose
Battery
Interstate Battery System of America, Inc SLA1116
$1,986.67
Engineered plans, permits, and approvals.
1 AMS Engineered plans, permits, and approvals.
$570.00
Remote Notification Appliance Circuit (RNAC) Power Supply 1 Bosch FPP-RNAC-8A-4C
2 $58.00
12V, 7AH Battery
Universal Power Group SEC1075
$76.00
Single Action Manual Station
1 Bosch FMM-7045
50 $16.00
Multi 18/2 Plenum
Arrow Wire 32HB2-N
$677.79
3/4" EMT per foot
300 Carlon EMT-3/4 per Ft.
1 $100.00
Misc Conduit, Boxes, Cabling, ETC.
AMS Misc Conduit, Boxes, Fittings
MULTIPLEX EXPANDER CARD, FPD-7024
1 Bosch FPE-7039
Fire Protection Devices $1,519.00
Includes (8) Smoke Detectors, (6) Input Modules, (29) Strobe units, and (6) Siren/Strobe units.
1 Rev. 0
Police Department Fire Protection
Project No : AMS C-0001339 11/29/2021
* Price Includes Accessories
$120.00
MUX single-input module, 12V
3 Bosch D7044
150 $48.00
Multi 18/2 Plenum
Arrow Wire 32HB2-N
$120.00
Multiplex mini single-input module
3 Bosch D7044M
150 $48.00
Multi 18/2 Plenum
Arrow Wire 32HB2-N
$462.00
Addressable Photoelectric Smoke Detector Head
7 Bosch D7050
350 $112.00
Multi 18/2 Plenum
Arrow Wire 32HB2-N
7 $49.00
Two-Wire Detector Base
Bosch D7050-B6
HORN STROBE, RED, 2W, WALL, 12/24V, M-CD
6 Bosch W-HSR
300 $96.00
Multi 18/2 Plenum
Arrow Wire 32HB2-N
STROBE, RED, 2W, WALL, 12/24V, M-CD
29 Bosch W-STR
1450 $464.00
Multi 18/2 Plenum
Arrow Wire 32HB2-N
Fire System Total $6,192.19
Fire Alarm Closet Total $6,192.19
Project Subtotal: $35,842.89
Rev. 0
Police Department Fire Protection
Project No : AMS C-0001339 11/29/2021
* Price Includes Accessories
Date
Daniel Porras Date
AMS Connect
Client:
Contractor:
PROJECT SUMMARY
944895 ACO 6917
**Due to supply chain disruptions and frequent product shortages, Proposals are valid for 15 days from the date on the proposal**
Equipment: $35,842.89
Misc. Parts Adjustment: $1,075.28
Labor: $16,477.14
Sales Tax: $2,702.57
Grand Total: $56,097.88
Payment Schedule Amount Due Date
Upon Acceptance $16,829.36
30 Days Prior to Installation $33,658.73
Upon Completion $5,609.79
Rev. 0
Police Department Fire Protection
Project No : AMS C-0001339 11/29/2021
Police Department Fire Protection
City of Desert Hot Springs
65950 Pierson Blvd
Desert Hot Springs, CA 92240 USA
CONTRACT
Revision:
11/29/2021
0 Modified:
Presented By:
AMS Connect
74794 42nd Ave, Suite 1
Palm Desert, CA 92260 United States
760-341-3593
http://www.amsconnectme.com/
A. The general project description and work to be performed is contained in the attached documents and related documents and incorporated herein and referred to as the “Proposal”.
B. The specific work to be performed by Contractor is outlined in the Proposal.
C. The total amount to be paid by the owner to Contractor for the work (subject to additions and deductions by written change order) shall not exceed the total specified in the Proposal.
D. Progress payments will be made according to the payment schedule identified in the Proposal and Section E below.
Equipment will not be ordered until the equipment deposit has been received. These times are subject to the timing of the construction and the lead times required for the ordered equipment to be delivered.
E. Payment is due immediately after invoicing. Unpaid balance beyond 10 days after invoicing of completed tasks as outlined in item D shall bear interest payable to Contractor at a rate of 1.5% per month simple interest.
F. This Proposal expires 30 days following the date stated on the top of this agreement. No work will be scheduled without a deposit plus a signed copy of this agreement. All drawings and specifications contingent on agreement and retainer.
G. All drawings and documentation are contingent on retainer. Since preparing a proposal requires system design & engineering by a professional Systems Integrator, only one version of the proposal will be prepared without a retainer. If a second version is requested or if project is for design & documentation only, a Design Retainer may be required. The retainer covers design & engineering time and is non-refundable. A qoute for the Design Retainer will be submitted for approval before the work begins.
H. Contractor reserves the right to replace proposed models in the case of obsolescence, discontinuation or unavailability with a comparable model of equal or greater value upon customer approval. Contractor will not be held responsible or liable in any way for any said product's obsolescence, discontinuation or unavailability.
Rev. 0
Police Department Fire Protection
Project No : AMS C-0001339 11/29/2021
1. Contract Documents and Details
The contract documents consist of this agreement, including all terms, conditions, scope of work, general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in work.
Work not covered by contract documents will not be required unless it is required by reasonable inference as being necessary to produce the intended result. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, cabinets are not included unless specifically documented in the Proposal. Contractor is not responsible for any underground trenching or laying or supplying of conduit for outside wiring.
2. Time
With respect to schedule completion of the tasks in section D, time is of the essence. If Contractor is delayed at any time in the progress of the work by owner change orders, fire, labor disputes, acts of God or other causes beyond Contractor's control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of the time caused by the delay.
3. Payments and Completion
The Payment Schedule is a guideline and approximation. Since contractor will, if possible, open, test and burn-in equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances. Final payment shall be due immediately following completion of the project. Contractor will hold owner harmless with respect to claims of subcontractors and suppliers.
4. Insurance
Contractor shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owners property resulting from the conduct of this contract.
5. Changes in the Contract
The owner may order changes, additions, or modifications without invalidating the contract. Such changes must be in writing and signed by the owner. The contractor shall provide the owner in writing the amount of additional costs or cost reductions resulting from changes ordered within 15 working days unless this requirement is waived in writing by the owner. Change Orders shall be paid in full upon acceptance of change and shall not alter the contract's payment schedule. In case of product unavailability or discontinuation, contractor reserves the right to substitute equipment of equal or better quality with clients approval. Contractor will be held blameless in case of product unavailability or discontinuation.
6. Warranty and Exclusions
AMS warrants to the original customer purchaser and not for the benefit of anyone else that the work performed by AMS at the time of sale and installation is free of defects in workmanship for a period of one year from the date of acceptance.
AMS further warrants for the warranty time period supplied by the original equipment manufacturer that these products sold and installed by AMS are free of defects in materials and workmanship under normal and proper use.
AMS’ only obligation is to correct such defects by repair or replacement, at its option, if with in such one-year period AMS is notified in writing with a description of the problem. This warranty is void if this product or installation is modified without the express written permission of AMS, used in an improper environment, overloaded, misused, opened, abused or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels, instructions or original equipment manufacturer’s warranty policies. There is no other or implied warranties of any kind, including merchantability and fitness for a particular purpose, but if any implied warranty is required by the applicable jurisdiction, the duration of any such implied warranty, including merchantability and fitness for a particular purpose, is limited to one year. AMS, is not liable for incidental, indirect, special or consequential damages, including without limitation, damage to or loss of use of any equipment, lost sales or profits or delay of failure to perform this warranty obligation. The remedies provided herein are the exclusive remedies under this warranty, whether based on contract, tort or otherwise.
All software code shall remain the property of AMS. The customer receives permission to use the software only at the location at which AMS installed the software. The customer may not modify, transfer, donate or sell ownership of any installed software without the express written permission of AMS.
CAUTION: AMS’ products are neither designed nor intended for medical, medical related, life sustaining, life support or other critical applications in which product failure could lead to personal injury or death. Use of these products as a component of devices and/or Payment Schedule Amount Due Date
Upon Acceptance $16,829.36
30 Days Prior to Installation $33,658.73
Upon Completion $5,609.79
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systems having these applications is neither warranted nor authorized.
No Other Representations or Warranties; Non-Reliance. Except for the express representations and warranties contained in this agreement, (a) neither party to this agreement, nor any other person on such party’s behalf, has made or makes any express or implied representation or warranty, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade or otherwise, all of which are expressly disclaimed, and (b) each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in this agreement, and (c) all prior discussions, negotiations and agreements, whether written or oral have been, and are, merged and integrated into, and are superseded by, this agreement.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and fully to be performed therein.
7. SERVICE CALLS
Upon notification of a potential warranty issue, AMS, will inspect and determine what corrective action is necessary within approximately five business days. In the event that the problem is determined not to be covered by the warranty, then the customer will be charged for the service call. All service calls (including warranty work) shall be during normal office hours (8:30am to 4:00pm Monday thru Friday)
8. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER AMS NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR
AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS
AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE, TO PERSON OR PROPERTY
THAT MAY OCCUR IN, ON OR AT THE PREMISES, INCLUDING BUT NOT LIMITED TO WHETHER AS A RESULT OF
BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE
VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN
OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. AMS
EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT,
NEGLIGENCE, ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF AMS OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, MANAGERS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS,
CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR
THEIR NEGLIGENCE OR THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT,
INCLUDING INSTALLING, MONITORING, REPAIRING OR TAKING OVER THE SYSTEM, IN ANY RESPECT AT ALL, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $5,000.00. YOU AGREE THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT) AND PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF SOMEONE).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS, AND
NEGLIGENCE OF AMS, ITS AFFILIATES, (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS,
AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS SUBCONTRACTORS OR REPRESENTATIVES),
WHICH, BUT FOR THIS SECTION, MAY GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY.
9. INSURANCE.
You are responsible for obtaining all insurance coverage that you believe is necessary to protect your residence, business, belongings and persons in or on your premises, including coverage for personal injury and property damage.
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Date:
Date:
THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES,
YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES,
BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO AMS UNDER THIS AGREEMENT. You hereby release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, subcontractors, shareholders, directors, and officers, from any liability for any event or condition customarily covered by homeowner’s or business insurance, as applicable. You understand that the System is designed to reduce, but not eliminate, certain risks.
AMS does not guaranty that the System will prevent personal injury, property damage, unauthorized entrances or fire and smoke damage to the Premises. AMS and the AMS Related Parties assume no liability for those risks.
10. INDEMNIFICATION.
This Agreement is intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by AMS) and release AMS and its affiliates, or any of its or their agents, representatives, suppliers, service providers, contractors, shareholders, directors, and officers, (collectively “AMS Related Parties”) from liability and shall reimburse AMS and the AMS Related Parties for any damages, losses or expenses (including reasonable attorneys' fees and costs) incurred by AMS or the AMS Related Parties in connection with any claims, suits, judgments and causes of action which relate to the System or the Services AMS provides. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability.
Your duty to protect/indemnify AMS, however, does not apply to claims based on injuries to third parties or to their property that occur while AMS employees were on the Premises and which were caused solely and directly by those employees.
IN CASE OF ANY THIRD PARTY CLAIM OR LOSS COVERED BY YOUR INSURANCE, YOU AGREE NOT TO LOOK TO THE COMPANY OR THE COMPANY RELATED PARTIES FOR REIMBURSEMENT. YOU WAIVE ANY RIGHTS
THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST THE COMPANY OR ANY COMPANY RELATED PARTY, INCLUDING ANY RIGHTS OF SUBROGATION.
11. ARBITRATION.
Any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement or any of the services or systems provided by AMS or any of the AMS Related Parties, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Springs, California or Riverside, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. You can obtain a copy of those rules from JAMS at their website (www.jamsadr.com). Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The prevailing party whether in arbitration or in court, shall be entitled to an award of its reasonable attorney’s fees and expenses, including any expert fees or costs.
12 YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ ALL PAGES OF THIS AGREEMENT, INCLUDING
ANY ATTACHMENTS, AND THAT YOU FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE PARAGRAPHS DISCUSSING ANY LIMITED LIABILITY, WARRANTIES, AND INDEMNIFICATION.
Client: Daniel Porras
Contractor: AMS Connect
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SR-22-026
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Update to the Parks and Recreation Master Plan RECOMMENDATION:
Consider approving the Parks Committee recommendation that the City Council authorize Staff to issue a Request for Proposal (RFP) to hire a consultant to work with Staff and the Parks Committee on updating the City's Parks and Recreation Master Plan for City Council approval.
BACKGROUND:
On November 9, 2009, City Council authorized the City Manager to execute a Consultant Service Agreement with Desert Recreation District to hire a consultant for preparation of a Park and Recreation Master Plan for the City of Desert Hot Springs. In 2013, the Desert Hot Springs Parks and Recreation Master Plan was completed. The Parks and Recreation Master Plan provided community demographics, existing conditions of facilities, program inventory, and needs assessments. It also provided recommendations, costs, and a capital improvement plan for implementation.
The Parks and Recreation Master Plan was developed through community workshops, stakeholder interviews, focus groups, and surveys with youth and organized sports organizations. It has been a tool utilized by the City to plan future projects and submit grant applications for parks and recreation grant funding.
DISCUSSION:
In 2021 the City Council formed the Parks Committee which is made up of Mayor Scott Matas, Councilmember Roger Nuñez, and members of the Desert Hot Springs community. The Parks Committee first met on July 29, 2021, and meets on a monthly basis. One of the main roles of the Parks Committee is to review the parks and recreation facilities/programs and make recommendations to the City Council if necessary actions are needed. During the meeting that was held on January 13, 2022, the Parks Committee reviewed the 2013 Parks and Recreation Master Plan and unanimously agreed on the need for an update. The Parks Committee approved a recommendation for City Council to authorize Staff to issue a Request for Proposal to hire a consultant to update and complete a new Parks and Recreation Master Plan.
The Request for Proposal will require a consultant to update and complete a new Parks and Recreation Master Plan that will include the following tasks:
1. Organize and hold Two Community Workshops
SR-22-026
2. Provide current City Demographics and future projections
3. Provide existing conditions of parks and recreation facilities
4. Provide existing recreation programs and future needs/demands
5. Provide community needs assessment of parks and recreation facilities and programs
6. Make recommendations for implementation of the plan
7. Provide total costs and breakdown project costs
8. Identify all park and recreation projects by scope of work and costs, and based on community priority
9. Provide a recommended 10-year capital improvement plan for implementation of parks and recreation facilities
If City Council approves the Parks Committee recommendation, Staff will draft and issue a Request For Proposal. After proposals are submitted and reviewed a future agenda item will return to the City Council for a recommendation of award of contract. Based on initial comments received it is expected to cost between $100,000 and $200,000 depending on total tasks.
FISCAL IMPACT:
No fiscal impact at this time. Upon approval, a future agenda item will return to the City Council for a recommendation of award of contract. Based on initial estimates, the expected cost will be between $100,000 and $200,000. The cost is an eligible use of American Rescue Plan Act (ARPA) funding.
SR-22-024
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Council
Prepared by: Jerryl Soriano, City Clerk
Subject: Discussion Item: Proposed Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City RECOMMENDATION:
Consider placement of an item on the February 15, 2022 agenda regarding "Introduction and First Reading of an Ordinance establishing regulations prohibiting the unlawful possession of catalytic converters in the City."
BACKGROUND:
This item is sponsored by Council Member Betts and Council Member Nuñez.
DISCUSSION:
Resolution 2019-004 (Exhibit 3) sets forth the “Policy” for placing items on an agenda by the Mayor or two (2) Council Members.
In accordance with the Policy, the City Council, during the discussion, shall consider whether to place the item on a subsequent agenda for “action” upon a majority vote of the City Council.
FISCAL IMPACT:
None
ATTACHMENTS:
Exhibit 1 - Analysis From Council Members Betts and Nuñez Exhibit 2 - Irvine Ordinance (Catalytic Converter Possession) Exhibit 3 - Resolution 2019-004 Policy for Placing Items on Agenda
ANALYSIS OF UNLAWFUL POSSESION OF CATALYTIC CONVERTERS
Prepared by
Russell Betts, Councilmember
Roger Nuñez, Councilmember
EXECUTIVE SUMMARY
Over the last year, the theft of catalytic converters has increased significantly in cities across California. A check with the Desert Hot Spring Police Department indicates the City has seen a number of catalytic converter thefts. Additionally, such theft is a significant problem in other jurisdictions with crime analysts reporting it is common for catalytic converter thieves to travel across jurisdictions. In as much as that is the case, by adopting such an ordinance Desert Hot Springs will be doing its part to curtail catalytic converter theft regionally. Further, by taking action now to put this ordinance in place, Desert Hot Springs will be positioned to deal immediately with any rise in catalytic converter theft within its jurisdiction should such arise.
After careful research and participation in multi-jurisdiction panel discussions on the subject of organized property crimes and learning of actions other jurisdictions are taking, Council Members Betts and Nuñez are proposing for City Council consideration for the placement of an item on the agenda of the February 15, 2022 meeting or at such time as City Staff can prepare an Ordinance of the City of Desert Hot Springs Municipal Code Establishing Regulations Prohibiting The Unlawful Possession of Catalytic Converters In The City. Further, that such an ordinance be modeled after those adopted by the City of Irvine, California as included herein with appropriate evaluation by City Staff and reviewed by the City Attorney. Attached for City Council Member review is the ordinance adopted by the City of Irvine, California.
Such action by this City Council will assist our jurisdiction, neighboring cities, the State of California, and nationwide efforts to combat the theft, transportation, and recycling of illegally obtained catalytic converters and with that this proposal to adopt a new ordinance that will make it unlawful to possess a catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof of lawful possession.
ANALYSIS
The number and frequency of catalytic converter thefts have risen dramatically regionally and around the nation. Some cities are seeing catalytic converter theft rates of more than 1 per day. The rise in catalytic converter thefts is attributed to the increase in the value of precious metals. Catalytic converters contain metals such as platinum, palladium, and rhodium which makes catalytic converters an attractive target for criminal offenders. A catalytic converter is easily removed from a vehicle with the use of a reciprocating saw,
which does not require criminal sophistication on the part of offenders. Removal can be accomplished in as little as 30 seconds. Once the catalytic converter is removed, offenders transport it to a scrap metal dealer and sell it for cash. The scrap metal dealer then extracts the precious metals for a high profit.
Catalytic converter thefts are challenging for law enforcement agencies to investigate due to the lack of serial numbers or other identifying markers on or within each unit. Currently, under California law, a police officer who encounters an individual in possession of a catalytic converter under suspicious circumstances must locate the rightful owner before making an arrest for theft or possession of stolen property. If the officer is unable to locate the rightful owner, the person in possession of the catalytic converter may be released absent additional evidence of criminal activity. There is currently no City, State, or Federal legislation applicable within the City of Desert Hot Springs to define and punish catalytic converter thefts absent an identifiable victim, which is a challenge for law enforcement in enforcing catalytic converter thefts.
Additionally, there is currently no City, State, or Federal legislation applicable within the City of Desert Hot Springs to define and punish the recycling or sale of unlawfully obtained catalytic converters, thus providing incentive for criminal enterprise of catalytic converter thefts. Furthermore, there are currently no City, State, or Federal legislation applicable within the City of Desert Hot Springs requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim is present.
Police Officers in cities experiencing high rates of catalytic converter theft have encountered this situation on a more frequent basis. Thus, an ordinance such as is proposed will effectively protect the citizens of Desert Hot Springs and surrounding communities. Due to lack of legislation defining and prosecuting these thefts, 99% of all catalytic converter theft cases go unsolved, which is fundamentally unacceptable for the citizens of the City of Desert Hot Springs.
Due to the challenges in addressing this type of crime, the citizens of Desert Hot Springs and the Desert Hot Springs Police Department are in need of this ordinance for multiple reasons including, but not limited to: (1) deterrence by establishing zero-tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3) preventing offenders from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to the victims of catalytic converters whose cases will go unsolved, (5) reducing Part I crime statistics which have been negatively impacted by catalytic converter thefts, and (6) minimizing the fiscal and personnel impact on the City of Desert Hot Springs invested in deterring and investigating catalytic converter thefts.
This ordinance will provide the Desert Hot Springs Police Department clearly established legal authority to protect the public and deter this criminal activity.
Over time, the impact of this ordinance should reduce the number of catalytic converter thefts regionally and prove an effective tool for our Police Department to curtail a growing trend of catalytic converter theft as it occurs in the City of Desert Hot Springs.
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RESOLUTION NO. 2019-004
A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITYOF DESERT
HOT SPRINGS ADOPTING A POLICY FOR CITY COUNCILMEMBERS,
INCLUDINGTHE MAYOR, PLACING ITEMS ON THE AGENDA
WHEREAS, the City of Desert Hot Springs (the “City”)is a charter city and a political subdivision of the State of California; and
WHEREAS, the City Council has adopted a document titled “City of Desert Hot Springs City Council and Commissions Meeting Guidelines and Procedures” (“Meeting Guidelines and Procedures”); and
WHEREAS, the Meeting Guidelines and Procedures provides a skeletal outline of how items get placed on the agenda; and
WHEREAS, this Policy for City Councilmembers, Including the Mayor, Placing Items on the Agenda (“Subject Policy”) is intended to set forth the procedures for placing items on the agenda and to provide clarity in this regard, notwithstanding the Meeting Guidelines and Procedures; and
WHEREAS, the Subject Policy willprovide clear direction to staff as to when action items come before the City Council, as requested by the mayor or councilmembers; and WHEREAS, this Subject Policy is for the betterment of the public health, safety and welfare inasmuch as it promotes a more transparent government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AS FOLLOWS:
Section 1. RECITALS.
That the recitals set forth above are true and correct.
Section 2. ADOPTION OF A POLICY FOR CITYCOUNCILMEMBERS, INCLUDING
THE MAYOR, PLACING ITEMSON THE AGENDA
Solely withrespect to placing future items on the agenda by councilmembers or the mayor, the city manager is authorized and directed to do so as follows:
(1) by direction of the mayor;
(2) by direction of two city councilmembers
Councilmembers wishing to place items on a future agenda shall submit requests to the city manager at least ten (10) days before the council meeting. The items shall be placed on the agenda for discussion purposes only, and not as action items. The item shall identify the mayor or councilmembers making the request and contain a brief description of the subject matter. The city council, during the discussion item, willconsider whether to direct staff to place an item on a future agenda for action. Upon direction of a majority of the city council present, staff willprepare a staff report and other documents as may be needed for any future action item.
This policy does not affect urgency items, which are those limitedsituations where an item requires immediate action, and the need to take immediate action came to the attention of the councilmember subsequent to the distributionof the agenda.
Section 3. SEVERABILITY.
That the City Councildeclares that, should any provision, section, paragraph, sentence or word of this Resolution or the Policy attached hereto be rendered or declared invalidby any ?nal court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution and Policy as hereby adopted shall remain in fullforce and effect.
Section 4. REPEAL OF CONFLICTINGPROVISIONS.
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution or the Policy attached hereto are hereby repealed.
Section 5. EFFECTIVE DATE.
That this Resolution shall take effect immediately upon its adoption.
Section 6. CERTIFICATION.
That the City Clerk shall certify to the passage and adoption of this Resolution, enter the same in the book for original resolutions of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the 15th day of January, 2019, by the following vote:
AYES: 4 — Betts; Gardner; Zavala; and Mayor Matas.
NAYS: 1 — Pye.
ABSENT: None.
ABSTAIN: None.
[SIGNATURES FOLLOWON THE NEXTPAGE]
ATTEST: APPROVED:
//
J rryl oriano, CItyfZI?< Scott Matas, Mayor
APPROVED AS TO FORM:
1/ *
Jennifer A.‘K/IfVw'\,\.G’1ty Attorney
SR-22-027
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: January 18, 2022 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
01-18-2022 Regular Meeting Mintues DRAFT
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, January 18, 2022
Via Vide-Conference
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
PUBLIC COMMENTS
None.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov Code 54957(b) Title: City Manager
PRESENTATIONS - 5:30 P.M.
CALFIRE Update
Mike Beverlin, Division Chief
Mike Beverlin, Division Chief, presented a "Fire Department Road Map" regarding infrastructure and staffing needs.
City Council
January 18, 2022
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:06 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Pastor Kephyan Sheppard gave the Invocation.
PLEDGE OF ALLEGIANCE
Luke Rainey, City Manager, led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable ACTION.
APPROVAL OF AGENDA
ACTION: Approve the January 18, 2022 Regular Meeting Agenda.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
PUBLIC COMMENTS
1) Jody Diaz, Assistant Principal, Cabot Yerxa Elementary School, stated that the Student Council wanted to express their appreciation to the City Council to kick-off the "Great Kindness Challenge" week.
2) Stephanie Martin spoke regarding the Salton Sea.
3) Brian Meuse spoke regarding short-term vacation rentals. 4) Marion Champion, Mission Springs Water District, spoke regarding the water main leak incident.
City Council
January 18, 2022
CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided Public Works project updates.
Doria Wilms, Deputy City Manager, announced that the local Little League Chapter was now under the oversight of the City's Recreation Department.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Nuñez stated he would like to dedicate the meeting in honor and memory of his brother.
Council Member Pye reported on the various meetings and events she attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Betts reported on the various meetings and events he attended.
Mayor Matas reported on the various meetings and events he attended.
PUBLIC HEARINGS:
The Items were considered in the following order: 10, 11, 12, 13, 4, 5, 6, 7, 8, 9, and
14. 4. GHA Enterprises, Inc. Rancho Descanso Specific Plan Amendment (SP21-3), Development Permit (DP 21-18), and Tentative Tract Map No. 38200 (TM 21-5): An Application to Amend and Develop 76 New Single-Family Homes Within the Aventura Palms II Specific Plan
Staff Report - SR-22-013 - Pdf
Recommendation:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion and questions to Staff; and 11) Adopt “A Resolution of the City of Desert Hot Springs, California, 1) Adopt the Mitigated Negative Declaration; 2) Approve Rancho Descanso Specific Plan Amendment No. SP 21-3, Amending The Aventura Palms II Specific
City Council
January 18, 2022
Plan in the City; 3) Approve a Development Permit No. 21-18; 4) Approve Tentative Tract Map No. 38200 and; 5) Adopt an Ordinance Adding Chapter 17.240."
Patricia Villagomez, Associate Planner, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
Mario Gonzales, Applicant, addressed the City Council.
John Criste, representing the Applicant, addressed the City Council.
Barbara Eastman spoke in support.
Mario Gonzales, Applicant, responded to questions.
A discussion ensued.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation, correcting Condition of Approval No. 20 to reflect graffiti removal within 24 hours, and adopt Resolution No. 2022- 001.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
5. General Plan Amendment No. 21-2, Zone Change No. 21-1, Zoning Ordinance Amendment No. 21-2, and Adoption of a General Plan Update EIR Addendum
Staff Report - SR-22-001 - Pdf
Recommendation:
1) Staff Report;
2) Entertain Questions of Staff from City Council;
3) Open the Public Hearing;
4) Take Testimony from Applicant;
5) Take testimony from those in favor of the project;
6) Take testimony from those opposed to the project;
7) Take testimony from those in a neutral position;
8) Opportunity for Applicant Rebuttal
9) Close the Public Hearing;
10) City Council discussion and questions to Staff; and, 11) That the City Council follows the Planning Commission's recommendation
City Council
January 18, 2022
that the City Council approve General Plan Amendment No. 21-2, Zone Change No. 21-1, Zoning Ordinance Amendment No. 21-1, and Adoption of a General Plan Update EIR Addendum.
Juan Carrillo, Principal Planner, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
Gerald McKenna discussed his written comments, a copy of which was received and made part of the record.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation, amending the ordinance to reflect a maximum structure height of 120 feet.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
6. Ordinance Amending Chapter 17.180 "Marijuana Facilities Operation and Location" Text in Order to Harmonize the Text With the Approved Land Use Tables Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment
Staff Report - SR-22-016 - Pdf
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those neutral;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Concur in recommendation of the Planning Commission on December 14, 2021 that the City Council introduce for First Reading and read by title only “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.180 "Marijuana Facilities Operation and Location" text in order to harmonize the text with the approved Land Use Tables adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment."
Jennifer Mizrahi, City Attorney, presented the staff report. Staff responded to questions.
City Council
January 18, 2022
Mayor Matas opened the Public Hearing.
There was no testimony.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
7. Ordinance Amending Chapter 17.84 "Development Agreements" Text in Order to Harmonize the Text with the Approved "Review Authority" Table
17.64.01 Adopted by Ordinance 712 in May 2020 While Updating the Zoning for the 2020 General Plan Amendment
Staff Report - SR-22-015 - Pdf
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those neutral;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Concur in recommendation of the Planning Commission on December 14, 2021 that the City Council introduce for First Reading and read by title only:
"An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.84 "Development Agreements" text in order to harmonize the text with the approved "Review Authority" Table
17.64.01 adopted by Ordinance 712 in May 2020 while updating the zoning for the 2020 General Plan Amendment."
Jennifer Mizrahi, City Attorney, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
There was no testimony.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation.
City Council
January 18, 2022
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
8. An Ordinance 1) Adding Section 16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in Order to Comply With Senate Bill 9
Staff Report - SR-22-002 - Pdf
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take public testimony of those in favor;
5) Take public testimony of those in opposition;
6) Take public testimony of those neutral;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Adding Section
16.24.095 "SB9 Parcel Map Standards" and 2) Amending Certain Sections of Chapter 17.08 "Residential Districts" in order to comply with Senate Bill
9."
Juan Carrillo, Principal Planner, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
There was no testimony.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
ADMINISTRATIVE CALENDAR:
9. Award of Grant Funds from the California Department of Cannabis Control
Staff Report - SR-22-009 - Pdf
City Council
January 18, 2022
Recommendation:
Authorize the City Manager to execute an agreement between the City and the California Department of Cannabis Control for acceptance of $822,160.00 in grant funds from the Local Jurisdiction Assistance Grant Program.
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
10. 2022 Tour de Palm Springs
Staff Report - SR-22-011 - Pdf
Recommendation:
Staff is recommending that the City Council:
1) Approve the proposed 2022 route through the City limits; and 2) Consider funding the in-kind City estimated cost range between $7,309 - $9,746 for manual traffic control staffing of intersections.
Daniel Porras, Assistant City Manager, presented the staff report.
Tim Esser, Tour de Palm Springs, addressed the City Council and responded to questions.
A discussion ensued.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 4-1 by the following votes:
AYES: Nuñez, Pye, Betts, and Matas
NOES: Gardner
11. Habitat for Humanity Funding Request
Staff Report - SR-22-010 - Pdf
Recommendation:
Consider a funding request in the amount of $200,000.00 from Habitat for Humanity for the construction of two low-to-moderate income homes in the City.
City Council
January 18, 2022
Doria Wilms, Deputy City Manager, presented the staff report and responded to questions.
Dave Thornton and Tracy Tremble, Habitat for Humanity, addressed the City Council and responded to questions.
A discussion ensued.
ACTION: Approve a funding request in the amount of $200,000 from Habitat for Humanity for the construction of two low-to-moderate income homes in the City.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
12. Resolution Urging the State of California to Consider Cannabis Cultivation Tax Reform
Staff Report - SR-22-014 - Pdf
Recommendation:
Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, urging the State of California to consider cannabis cultivation tax reform.
Jennifer Mizrahi, City Attorney, presented the report.
Scott Rusczyk spoke in support of the resolution.
ACTION: Approve the recommendation and adopt Resolution No. 2022-002.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
13. Resolution In Support of Net Energy Metering
Staff Report - SR-22-017 - Pdf
Recommendation:
Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, in support of Net Energy Metering." Mayor Pro Tem Gardner presented the report.
Jennifer Cusack, Southern California Edison, discussed her written comments opposing the resolution as written, a copy of which was received and made a
City Council
January 18, 2022
part of the record.
Joan Taylor spoke in support of the resolution.
Emily Langenbahn spoke in support of the resolution.
ACTION: Approve the recommendation and adopt Resolution No. 2022-003.
Moved by Council Member Nuñez
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
The City Council recessed at 8:35 P.M.
The City Council reconvened at 8:45 P.M.
14. Appointment of a Delegate and Alternate Delegate for the 2022 Southern California Association of Governments (SCAG) Annual General Assembly Staff Report - SR-22-003 - Pdf
Recommendation:
Appoint a delegate and alternate delegate for the 2022 SCAG Annual General Assembly on May 5, 2022.
ACTION: Appoint Council Member Betts as the delegate, and Council Member Pye as the alternate.
Moved by Mayor Matas
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Gardner, Nuñez, Pye, Betts, and Matas
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 10:40 P.M.
Jerryl Soriano, CMC, City Clerk