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HomeMy WebLinkAbout2018-06-12 - AGENDA REPORTS - AGMT FOR RING DOORBELL AND CAMERA REBATE PGM (2)8 Agenda Item: 8 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: June 12, 2018 SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR RING DOORBELL AND CAMERA REBATE PROGRAM DEPARTMENT: City Manager's Office PRESENTER: Jerrid McKenna RECOMMENDED ACTION City Council approve the Ring Doorbell and Camera Rebate Program Agreement between the City of Santa Clarita and Ring, Inc. and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The impacts of the implementation of Assembly Bill (AB) 109, Proposition 47, and Proposition 57 have had statewide consequences related to public safety. In 2011, AB 109 shifted nearly 45,000 individuals from state prison to local county jails. This has led to an increase in county jail inmates with higher level sentences, which has resulted in individuals who commit lower level petty crimes be booked and then soon released. In 2014, Proposition 47 reclassified some felony offenses as misdemeanors, including the reclassification of shoplifting. For instance, when the value of property stolen does not exceed $950, it is now classified as a misdemeanor. In 2016, Proposition 57 amended the State Constitution to specify that any person convicted of a nonviolent felony offense would be considered for early release after completing the full term for their primary offense. These recent initiatives have negatively impacted crimes rates across the state, including an increase in Part 1 Crimes in Santa Clarita in 2015. To combat the recent increase in crime, the and strategic partnerships to maximize law enforcement efforts for specific types of crime. In Santa Clarita (City). To address the growing number of these residential burglaries, the City has been in contact with Ring, Inc. to partner on their Ring Doorbell and Camera Rebate Program. The Ring Doorbell and Camera Rebate Program is intended to help the community reduce and Page 1 Packet Pg. 132 8 prevent residential burglaries by providing a way to track and save videos to identify criminals and suspicious individuals. In 2015, the Los Angeles Police Department (LAPD) and Ring, Inc. installed Ring doorbells in 41 out of 500 homes in the Los Angeles neighborhood of Wilshire Park. The Ring, Inc. doorbells reduced home burglaries in the Wilshire Park neighborhood by 55 percent between July and December 2015, and there were no burglaries at the houses with a Ring, Inc. doorbell. Furthermore, the cities of La Cañada Flintridge, Arcadia, Rancho Palos Verdes, and Temple City have successfully initiated rebate programs with Ring, Inc. Due to the outcomes of the LAPD study and positive program feedback from other cities, staff believes that the Ring, Inc. Doorbell and Camera Rebate program would provide value to the community by enhancing law enforcement efforts and encouraging collaboration between the or when someone rings the doorbell. Residents can then see, hear, and speak to their visitors or intruders and additionally save the file as a record with their mobile device. The proposed Ring Doorbell and Camera Rebate Program comprises of $50,000 total funds: $25,000 City funds and $25,000 Ring, Inc. funds to reach a total of 500 Santa Clarita households. Each household will have the opportunity to receive a $100 discount code, $50 will be subsidized by the City of Santa Clarita and $50 will be discounted by Ring, Inc. The discount code will be offered to residents on a first-come-first-served basis, and one discount code will be distributed per household. It is important to note residents will have to pay $30 per year in order to record and save the footage on the Ring mobile app. Santa Clarita residents will have the opportunity to choose from the selection of discounted video doorbells and cameras identified below: City of Santa Ring, Inc.'s Retail Clarita Product Santa Clarita Model Price Subsidy Discount ice Video Doorbell 2 $199 $50 $50 $ 99 Video Doorbell Pro $249 $50 $50 $149 Spotlight Cam Battery $199 $50 $50 $ 99 Spotlight Cam Wired $199 $50 $50 $ 99 Floodlight Cam $249 $50 $50 $149 Once the discount code has been used, residents will also have the opportunity to receive $30 off additional doorbells and cameras along with a 20 percent discount on accessories. Residents will be able to purchase a maximum of three items using these additional discount offers during the promotional period. Thi Councilmembers Kellar and Miranda supported placing the item on the June 12, 2018, City Council Agenda. Page 2 Packet Pg. 133 8 ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT All required funding is available in the FY 2017-18 Public Safety budget. ATTACHMENTS Ring, Inc. Rebate Program Agreement (available in the City Clerk's Reading File) Page 3 Packet Pg. 134 AGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARITAANDRING This AGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARITAAND RING LLC (herein “Agreement”) is made and entered into this June 12, 2018by and between the City of Santa Clarita, a California municipal corporation (“City”) and RingLLC, a Delaware limited liabilitycompany(“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS WHEREAS, Consultant produces security cameras and video doorbells for residential use which link smartphone users to their doorbell when the camera is activated by motion or someone ringing the doorbell. WHEREAS, with this technology, the homeowner has the capability to see, hear and speak to visitors through their smartphones, tablets or desktops. WHEREAS, the City desires to collaborate with Consultant to establish a grant program whereby City residents can purchase Consultant’s security cameras and video doorbells for use at residences within the City at a discounted priceto enhance security and safety in the community. WHEREAS, the grant program will be operated on a first-come-first-served basis. WHEREAS, the City Council finds that the dedication of public funds under this Agreement will serve the safety of City residents, an issue of important public purpose. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: 1.Recitals are Part of Agreement.The preceding Recitals are part of this Agreement. 2.Consultant Services.Consultant will perform the following Services: a.Consultant will collaborate with the City on the distribution and marketing of the Ring Video Doorbell 2, Ring Video Doorbell Pro, Ring Spotlight Cam Wired, Ring Spotlight Cam Battery, and Ring Floodlight Cam and any other accessories (each, a “Product” and collectively, the “Products”) to residents of Santa Clarita(“Residents”). Page 1 of 6 b.During the Promotional Period, as defined in Section 4 below, Consultant will directly provide 500unique promotional codes (Promotional Codes) to Residents with aone hundred dollars($100)discount of the sales price for one (1) of thefollowing products at checkout: i.Ring Video Doorbell 2; ii.Ring Video Doorbell Pro; iii.Ring Spotlight Cam Wired; iv.Ring Spotlight Cam Battery; or v.Ring Floodlight Cam. Each Resident is entitled to only one Promotional Code. Each Promotional Code may only be used once per household. Only codes sent to the resident through Consultant communications channels will be valid. c.During the Promotional Period, as defined in Section 4 below, Consultant will directly provide Residents with a discount code valued at thirty dollars ($30) per product to apply towards the purchase of any of the products listed in section 2.babove with alimit of 3products per checkout. d.During the Promotional Period, as defined in Section 4 below, Consultant will directly provide Residents with an accessories discount code valued at atwentypercent (20%) discount towards any accessory listed on the company’s websitewith a limit of three (3)accessory products at checkout. e.Consultant will fulfill orders for Products when Residents provide information and payment requiredusing the information required for Consultant to complete delivery of theProduct (including name, address, email address, etc.). Standard delivery shall be in accordance with Ring.com (as of the date hereof, orders over twenty dollars($20.00) ship free of charge). Consultant will use commercially reasonable efforts to ship the Products within three (3) business days from date the order was placed. f.Consultant will provide product and user support to Residentswho purchase Products, including warranty for the security device(s) and, if the resident chooses to, the option to hire someone to install the device(s). These options will be provided at checkout at the user’s expense. g.Consultant will provide marketing support and materials for City to distribute to Residents, such as brochures and flyers. h.Consultant shall contribute fiftydollars ($50.00) of the one hundreddollar ($100.00)discount specified in section 2.b above. Page 2 of 6 i.Within 30daysafter the end of the Promotional Period, as set forth in Section 4 below,Consultant will provide the City with an accounting statement (the “Accounting Statement”) setting forth the number of Products purchased using the Promotional Code during the Promotional Period, as set forth in Section 4 below, and such other information reasonably requested by City to enable the Parties todetermine the City’s required City contribution amount, as specified in Section 3.a below. 3.City Obligations.The City agrees to do the following in furtherance of this Agreement: a.Within 60 days of its receipt of the Accounting Statement from Consultant, City shall pay Consultant an amount equal to fiftydollars ($50.00)of the one hundred($100.00)discount specified in section 2.b above for the first Product sold to each Resident household during the Promotional Period using a Promotional Code. No other Product is eligible for a City contribution. The maximum contributionpayable by the City to Consultant shall not exceed twenty five thousanddollars and no cents ($25,000.00)under this Agreement. b.City may, at its own cost and expense, audit Consultant’s applicable sales data to confirm the amount of the sales made under section 2.b above within one year of the end of the PromotionalPeriod. c.During the Promotional Period, as defined in Section4 below, the City agrees to make reasonable efforts to promote the program provided in this Agreement on the City’s website, social media platforms, such as Facebook and Twitter; issue press release(s), and/or have brochures and flyers available at City Hall for the public. 4.Promotional Period. The Promotional Period shall commence on a date mutually agreed by the Parties. The Promotional Period shall expire upon the earlier of the following: a.60daysafter the commencement of the Promotional Period; or b.Themaximum contribution payable by the City of $25,000has been reached, as set forth in Section 3.a above. Notwithstanding the foregoing, the City shall have the option to extend the Promotional Period if the maximum contribution payable by the City of $25,000 has not been reached within 60daysafter the commencement of the Promotional Period. Page 3 of 6 5.Termination.The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the City. 6.Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, losses, liabilities, damages, costs or expenses, arising out of Consultant’s negligence or willful misconduct in connection with performance of this Agreement. 7.Independent Consultant.Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required hereinas an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 8.Governing Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 9.Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writingand sent by email, in the case of the City, to Ken Striplin at kstriplin@santa-clarita.com and in the case of the Consultant, to Mel Tangat mel@ring.com. Either party may change its email address by notifying the other party of suchchange. 10.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Page 4 of 6 11.Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 12.Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 13.Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. \[SIGNATURES ON FOLLOWING PAGE\] Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Santa Clarita By: Name: Ken Striplin Title: City Manager Address: 23920 Valencia Boulevard, Santa Clarita CA 91355 CONSULTANT: RINGLLC, a Delaware limited liability company By: Name: Mel Tang Title: Vice President and Secretary th Address: 1523 26Street, Santa Monica CA 90404 Page 6 of 6