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
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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