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Memo Resolution Replace In-Car Cameras for Police DeptCOPY COPY Agenda No. 5 CITY COUNCIL MEMORANDUM /RESOLUTION City Council Meeting: January 19, 2010 Department: Police Dept and Information Technologies Dept. Subject: Approval of bid to replace In -Car Cameras for Police Dept. and to provide funding to upgrade the existing camera system in the PD holding facility. BACKGROUND Item 1: Approve bid for replacement of in- vehicle cameras for Police Dept.: In May of 2008 the City purchased a new in -car camera system for the Police Dept. from Motorola. The Digital Patroller 2 system was an all digital system designed to automate certain functions and streamline management, storage and retrieval of videos from Police cars. As a condition of that purchase Motorola gave the City of Schertz a full money -back guarantee on the equipment. During and after the deployment of that system problems continued to arise relating to a variety of issues. Ongoing attempts by the vendor, assisted by IT and PD staff were unsuccessful in resolving all of the issues experienced by PD, and it was decided that it was in the best interests of the City to remove the Digital Patroller system and go with another vendor. As a result of this decision, Motorola was contacted and they agreed in writing to provide a full refund for the system once it was removed from City vehicles and returned to Motorola. The Police Dept. and the IT Dept. collaborated to create a new set of specifications and, with the assistance of the Purchasing and Asset Management Dept. bids were solicited for a new system. Once the bids were reviewed, the decision was made to recommend that the bid be awarded to L3 Communications / Mobile- Vision, Inc. of Boonton, N.J. Item 2: Funding to upgrade existing camera system in the PD Holding Facility: The PD Holding Facility is currently under 24 hour video surveillance. The cameras are monitored by the dispatchers, and are recorded using a basic video recorder. During recent tests it was discovered that the DVR (Digital Video Recorder) is failing. The vendor who supplied the device is no longer in business. This device will have to be replaced. The replacement DVR will be capable of recording both standard CC -TV cameras and newer IP -based solutions, allowing for future growth as needed. FISCAL IMPACT Item 1: Approve bid for replacement of in- vehicle cameras for Police Dept.: The final bid amount for the system from L3 Communications / Mobile- Vision, Inc. is $154,465.60. The amount to be refunded by Motorola for the existing system is $118,645.10; leaving a balance of $35,811.50. This balance is to be covered by PD grant monies in the amount of $27,819.00 (This is a Byrnes JAG grant from the US Dept. of Justice for technology purchases for PD. It was awarded Aug. 7 of 2009.), plus funds saved by delaying purchase of a new CID vehicle. Item 2: Funding to upgrade existing camera system in the PD Holding Facility: A replacement 32 Port DVR with hardware and installation will cost $10,527.00. This is an unbudgeted expense and will come from the General Fund. RECOMMENDATION Staff recommends awarding a bid for in- vehicle cameras to L3 Communications / Mobile - Vision, Inc., in the amount of $154,465.60. Staff also recommends awarding a bid for upgrading the existing camera system in Police Department Holding Facility to Lan -Comm Technologies Inc., in the amount of $10,527.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 19th day of January, 2010, at which meeting a quorum was present, held in accordance with the provisions of Texas Government Code, §551.001 et seq. APP V r Hal Baldwin, Mayor ATTEST: Brenda Dennis TRMC, CMC, City Secretary ATTACHMENTS: Bid Tabulation Bid Recommendation Letter (Capt. Bane) Refund Agreement from Motorola DP2 Settlement Agreement RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement ( "Settlement Agreement ") is made by Motorola, Inc., a Delaware corporation ( "Motorola ") and the City of Schertz, a political subdivision of the state of Texas ( "Customer "). Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." Recitals Whereas, Motorola accepted two Purchase Orders (the "Purchase Orders ") under which Customer agreed to purchase, and Motorola agreed to sell, a Video Communications System with additional service and support (the "System ") as identified in said Purchase Orders (Exhibit A). Whereas, Customer paid to Motorola $118,654.10 for the System; and Whereas, during the course of implementing the System pursuant to the Purchase Orders, issues arose regarding the Systems ability to record and upload video (the "Video Issue "), which Video Issue resulted in required service to the System; and Whereas, Customer claims that certain portions of the System continue to operate incorrectly according to Customer's expectations; and Whereas, the Parties have investigated the Video Issue and Customer's claims and have been unable to achieve a resolution; and Whereas, the Parties agree that it is not in their respective best interests to dispute the cause of the Video Issue; and Whereas, In the interest of reaching an amicable resolution, the Parties wish to enter into this Settlement Agreement to finally resolve the matter; and Now, therefore, in consideration of the foregoing recitals of fact, the sufficiency of which is hereby acknowledged, the Parties agree to be bound as follows: Upon Customer's tender of the System to Motorola, or Motorola's designee, and execution of this Settlement Agreement by both Parties, Motorola shall pay to Customer $118,654.10, as a refund of the amount previously paid to Motorola by the Customer for the System. Tender of the System will be deemed to have occurred when the System is in Motorola's, or Motorola's designee's, control and custody. Motorola shall deduct from the refund the value of any missing or damaged products and related equipment. 2. Motorola agrees to accept the return of the System. Customer or its designee shall, at Customer's expense, remove the System listed in the attached Purchase Orders — Exhibit A, and return said equipment to Motorola by March 1, 2010. Exhibit A details and inventories all pieces of equipment to be returned to Motorola. 3. Customer shall destroy, remove, delete, scrub, or erase all video data from the System before such equipment is tendered to Motorola or Motorola's designee. However, Customer may retain, on its server and at its sole expense and risk, any video data existing as of the date of equipment removal. Motorola makes no representations or warranties with respect to any video data remaining on the System once the System is tendered to Motorola or Motorola's designee. Neither Motorola nor Motorola's designee shall be liable to the Customer for any damages, including but not limited to damages related to retention, removal, or spoliation of evidence claims resulting from the loss or destruction of video data. Motorola may, at its sole discretion, dispose of the System tendered by the Customer in any manner. The Customer shall defend, indemnify, and hold harmless Motorola and Motorola's designee from and against any and all claims, damages, or losses of any type related to the loss or destruction of video data. 4. Except as provided in this paragraph, Customer knowingly and voluntarily releases and forever discharges Motorola and its officers, directors, employees, agents, assigns, parents, subsidiaries, predecessors, successors, and related entities, and each of their officers, directors, employees, agents, and assigns from any and all claims, lawsuits, demands, causes of action, rights damages, costs or attorneys' fees, expenses and compensation whatsoever, known or unknown, foreseen or unforeseen, whether at law or in equity, whether sounding in contract, tort, or otherwise, by reason of any act, omission, matter, cause, or thing whatsoever related to the Customer's purchase and use of the System. The Customer acknowledges that this Settlement Agreement expressly waives every right the Customer has regarding claims or costs incurred in any way as a result of the Video Issue and its purchase and use of the System. 5. To the extent permitted by applicable law, the Parties agree to protect the Confidential Information of the other Party. Confidential Information is defined as any and all information consistent with the purpose described below that is (i) disclosed under this Settlement Agreement in oral, written, graphic, machine recognizable, and /or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to Customer. This Settlement Agreement and the Purchase Order shall be deemed to be Confidential Information of both Parties hereto and shall not be disclosed without the prior written agreement of both Parties or as required by a court of competent jurisdiction. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Settlement Agreement. This provision shall survive the expiration or termination of this Settlement Agreement. Page 2 of 11 6. This Settlement Agreement represents the entire understanding and agreement of the Parties on the subject matter covered herein. This Settlement Agreement supersedes all previous communications, representations and agreements between the Parties on the same subject matter, whether written or oral. No change, modification or amendment of this Settlement Agreement shall be valid unless in writing and signed by authorized representatives of both Parties. If a court of competent jurisdiction finds a term, condition, or provision of this Settlement Agreement to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Settlement Agreement. All other terms, conditions, and provisions of this Settlement Agreement shall remain in full force and effect. 7. Each Party represents to the other Party that it owns the claims asserted here and that those claims have not been assigned or transferred to any third party. 8. Neither the existence of this Settlement Agreement, not the settlement and release accomplished by this Settlement Agreement, shall be cited, used, construed, or interpreted as an admission of liability by either Party. It is expressly agreed that all liability, related to the subject matter herein, of any kind whatsoever to the other is denied and that the sole purpose of this Settlement Agreement is to avoid the costs and risks attendant to litigation. 9. The Parties' releases contained herein shall not be a bar to enforcing this Settlement Agreement. 10. Each Party represents that, in the negotiation and execution of this Settlement Agreement, it had the opportunity to consult an attorney. Prior to the execution of this Settlement Agreement, the Party's attorney, if any, reviewed this Settlement Agreement and made any desired changes or recommendations. The Parties acknowledge that this Settlement Agreement has been negotiated by them and agree that this Settlement Agreement should not be construed in favor of or against either. 11. This Settlement Agreement shall be binding upon and shall inure to the benefit of Motorola, the Customer, and their respective successors and permitted assigns. 12. Failure or delay by either Party to exercise any right or power under this Settlement Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing and signed by a waiving party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power or the waiver of any other right or power. 13. Time is of the essence of this Settlement Agreement and each Party shall act expeditiously to implement the provisions hereof. 14. This Settlement Agreement shall be construed in accordance with the laws of the State of Illinois in effect as of the date the Settlement Agreement is executed. Venue Page 3 of 11 for any claim or controversy arising out of this Settlement Agreement shall be in any court of competent jurisdiction in the State of Texas. 15. This Settlement Agreement may be executed in duplicate counterparts each of which when so executed and delivered shall be deemed an original, but both counterparts taken together shall constitute only one instrument. The individuals signing this Settlement Agreement are fully authorized to sign and to bind the Parties and all requisite actions to approve such agreement have been taken. MOTOROLA, INC. CITY O RT ,Z7,EXAS Print Name: Q %a -%1i1 % 10C 62W,Z:-� Print Name: Title: Title:�y[7i�� Date: Date: // oZ O/D _ REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Page 4 of 11 ,i�:y L�heZtz r k w -57—M ��y F;jxP--,, J.CO Page 6 of 11 AOV%k I 1W Ci'y of Schertz DP2 Ouo'e Myles Clauser BASIC IN-CAR EQUIPMENT blotorola PART NO DESCRIPTION List Price Disc OTY Unit Price Extendedd TT1983A digital Patroller 2.0-Standard Base unitwithout Storages Blade Y�.[L.Jee DatatalkerWireless k1k, lli-. Trunk moun' -4ara por'. GPS ar,'grina: rl.jc I . ger cable crash s9risors-, powar'ilter, wid DP Oper-.'iiij syven-. $ 3.705.00 15% 13 $3,149,25 -SdGj940 251 STORAGE BLADE -one required per TT1983A TT05N2AA Storage Blade: 2x100 GB Ruggedizad PDD $65.00 15%] 131 $735,25 $9,55825 OPTIONS: $ 535.00 0 $O'Go TT05091AA S.ora-49 Blade: 1:00 GB qu kjedlzed HDD TT05093A.A S'orage Blade: 8 GB Solid State HDD $ 1,525,00 15% 0 $0,G01 FRONT AltllE RA (I required per TT1963 , 4 cameras rrkqX) TT05094AA 22x Fron' Camera wi-h 1-c-D 81;nder, Cable, and moun'ing hardware $ 745.00 15%1 13 $63325 $8,232,25 REAR CAMERA (optional with TT1983A) TT05096AA Low 1"ght rear camera w1i Cat,,Ip- S 135.00 1 13 $114.75 $1,491,75 Monitor Options (must select at least one per TT1983A I-TO510SAA t.IDT Appr.cation scftware Yj nin on cWampr proviced laptop 16 .00 1 13. $140 25 $1,823.25 CAMERA MOUNTING BRACKETS Motorola PART NO TT0609SAA DESCRIPTION Crown Victoria Visor Mount 15.5" Length 9ts:: 2005, 2006, 2007 w1th out 're, suppression List Price 60.00 moj 1— 13F $51,001 $563.00 REQUIRED SOFTWARE Motorola PART NO DESCRIPTION List Price TT05109AA JDP View Deluxe Software Suite (par car) $ 330.00 115c,, 13 $280.501 $3,646,5 OPTIONAL RADAR CABLES Motorola PART NO DESCRIPTION List Price TT05110AA Custom Signals is S 85.00 1!5''-j 0 $72,25 $Oko TT051 I 1AA Stalker Dual 5 165.00 11 Yo ---1 0 $140,251 $0.00 TT051 1:2AA Stalker Dual SL and DSR S 165.00 `Y, 13 $140,251 $1,823,25 TT05 1 14AA Decatur Genesis 11 Seim $ 85.00 5�;- � 0 zp72.25, $0,00 TT051 1 SAA Decatur Genesis 11 s 85,00 '5=` 0 $72,25 so:oa TT05113AA I Enforcer MPH $ 165.00 1Y"> 0 $,140,25 §o;00 TT0511SAA IDigital 10 cable Marking Button S 50.00 15-� 0 $42,50 $0.00 TT051 17AA I OF Battery Back Up $ 2130.00 15 'L 0 $23&00 $07 SERVICES PART NO DESCRIPTION: List Price DDN9433A Pro'Wj DP In Car Training and Installation $ 1,350.00 0-0 1 $1,350,00 $1.350m :SVC209 Installation of DP2 Unit in Police Car $ 3150,00 01?d� 13 $360.00 S4.68000 SVC2()9 Installation Hardware $ 35.00 0� a j 13 $35,00 SZ5�0-0 Page 7 of 11 DP2 Options TT05107AA LGD Mar' ir w 1 Cable and moLr-iLg hart.w.-i-- $ 700.00 IY 13 X595,00 57 ,735.00 TT051 18AA In-Car Wireless Bridge Kit S 415.00 Indudes i SU )Ply. 802AIG br:doe arrJ'rLnk raount 13 $352.75 $4,585:75 TRADS Trado In Cmdft or, 2 Upw 13 Units ZI I 5, Labor Options - If Customer Supplies Own Server and wireless AP SERVICES PART NO DESCRIPTION List Price Proft DP Server Software provisioning, DDN9433A Installation, PM, Optimization and Training on $ 1.350.00 j customer p rovidod server T% $',350.00 $2.700.00 Installation of Docking Port / Station. Customer to rLn SVC,209 CA 6 to locidon where docking por, Is 'o go. Customer $ 500.00 also responsible 'or pole or StFUCtUrQ that dGGkinfj station attaches lo. 5VC209 Installation hardware $ 50.06 -0%j 1 $50.00] $50:00 DDN,a434A J-Port Wired Docking Station Kit $ 250.00 t!YSj 11 $212,50 —F—S212,50 TOTAL $87,446.75 Page 8 of 11 1 V i U7 , T,") i C t Z; 7 h C' Z 7� .3 Z, 1 1,9 N t,,C- , 3 r"au A c 1 F3 10 0 1 Z T 017 -50 Page 9 of 11 I Z T 017 -50 Page 9 of 11 40 AX Ci y of Schertz D02 QLWO 11/2,12008 Myles Cl user BASIC IN-CAR FiQUIPMENT Motorola PART NO .. - DESCRIPTION List Price DisqQTY Unit Price extended I - TT1983A Digital patroller 2.0-Standard Base unit vi ithout Storage Made nchAes DatatalkerWimlps3 Nlin K-� Trunk nioLin'dWa por'. GPS are.enm; Y oars .hle crazh sensors, power'ilter. and DP0pera'inqvjs'_­r.j 3.705.00 15° 6 5 $31149,25 - $15,746.25 STORAGE BLADE - one required per TT1983A TT05092AA S'orage Blade: 2x100 GB Rugge6zed HDD FRONT CAMERA (1 required per TT1983A, 4 cameras max) 22x Fron'Cunera,.vih LED Blander, Cable, and mouW.in� hardware 865.00 15% 5 $735.25 $3.67625 I TT05094AA S 745.00 15c 5 $63125 $3,166.25� REAR CAMERA :(optional with TT1983A) TT05096AA Low 1:,'g ht rear camera w;th Cable $ 135.00 15 , 5 $114.75 $57375 onitor Options (must select. at least one per TT1983A) 7010SAA MIDT Appli .-at;on sotware `o run on customer- proviciad S 165.00 15%�j 51 $140.25 9701.25 CAMr=RA MOUNTING BRACKETS Motorola PART NO DESCRIPTION List Price TT05209AA Crown Victoria Visor Mount 15.5" Length $ 60.00 Fits: 2008 15j 51 $51.001 $255.00 REQUIRED SOFTWARE Motorola PART NO DESCRIPTION I List Price I TT05109AA [ DP View Deluxe Software Suite (per car) S 330.00 1570 1 51 $280.501 $1.402,5 , OPTIONAL RADAR CABLES Motorola PART NO DESCRIPTION List Prim TT06110AA Custom Si2nals (ary) Stalker Dual 9 85.00 15'%6 0 $72.25 WOO TT05111AA $ 165.00 15-01 0 $140725 90.00 TT051 12AA Stalker Dual SL and DSO{ $ 165.00 15% 0 $1401.25 $0.00 TT051 14AA Decatur Genesis 11 Seim $ 85.00 15% 0 $72,25 $0,06 TT0511SAA DecaturGenesis 11 86 00 11 5,16 0 S72.25 $0,00 TT051 13AA Enforcer MPH 165700- 715°71. 51 $140.25 ;�701.25 TT051 16AA Digital 10 cable Marking Button $ 50.00 � 15-16 01 $42.50 $0.00 DDN9575 Siren Interface Cable $ 90.00 115% 51 $76.501 $3132.5c SERVICES PART NO DESCRIPTION List Price SVC269 Installation of DP2 Unit in Police Car 360." SVC209 Installation Hardware 35.00 09"] 00] Z 17-- DP2 Options Page 10 of 11 ITT05107AA LUD Mor-ftarw"h Cable and mck-r.'ing Karcwiia 700.00 115%d 51 $595.001 $2,975,001 TT0511r,AA � In-Co, Wireless Bridge Kit 415.00 012 1 Includes rawer smnlv, 8 1 ?C4 ht' m ,dip,wd xk mrjunt � 115c.d 5� 5352..751 50 761,7.5 1 TOTAL $33,26a.75 Page 11 of 11