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HomeMy WebLinkAbout2008-429 '. '. 1 RESOLUTION NO. 2008-429 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASE OF AN AUTOMATED LICENSE 3 PLATE READER SYSTEM FOR THE SAN BERNARDINO POLICE DEPARTMENT FROM PIPS TECHNOLOGY OF KNOXVILLE, TENNESSEE. 4 WHEREAS, PIPS Technology of Knoxville, Tennessee, was awarded a purchase order by 5 the County of Riverside in June 2008 after successfully winning a public open competitive bid for 6 Automated License Plate Reader Systems and associated software; 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Mayor and Council approve the purchase of an automated license plate 10 reader system for the San Bernardino Police Department from PIPS Technology of Knoxville, 11 Tennessee pursuant to San Bernardino Municipal Code Section 3.04.010(b)(2), 12 SECTION 2. The City Manager of the City of San Bernardino is hereby authorized to 13 execute on behalf of the City the Vendor Service Agreement, referenced as Attachment A to this 14 resolution, between the City of San Bernardino and PIPS Technology, of Knoxville, Tennessee, for 15 this purchase of Automated License Plate Reader hardware and associated software. 16 SECTION 3. The Finance Director or her designee is hereby authorized to issue a 17 Purchase Order to PIPS Technology, of Knoxville, Tennessee, for the purchase of four Automated 18 License Plate Reader systems and the associated software as outlined in PIPS Technology's "Mobile 19 Law Enforcement License Plate Recognition (ALPR) 4-Camera System with P AGIS" quote dated 20 September 24, 2008, The Purchase Order shall read "San Bernardino PD ALPR System. Not to 21 exceed $115,519.40." 22 SECTION 4. Authority to execute this Agreement and issue a purchase order is rescinded 23 if all parties have failed to sign the Agreement within 60 days. 24 IIII 25 IIII 26 IIII 27 IIII 2B IIII '. 2008-429 1 2 RESOLUTION AUTHORIZING THE PURCHASE OF AN AUTOMATED LICENSE PLATE READER SYSTEM FOR THE SAN BERNARDINO POLICE DEPARTMENT 3 FROM PIPS TECHNOLOGY OF KNOXVILLE, TENNESSEE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a rel!ular meeting thereof, held on thelli 6 day of November , 2008, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MC CAMMACK 15 16 ~ ~ ~ ----1L ~ ~ ~ Q~_"b. ~ Rabhel Clark, City Clerk 17 The foregoing Resolution is hereby approved thisll"'day of November, 2008. 18 19 20 . ~ KJ. MO , ayor an Bernardino 21 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 25 fJ~ 26 27 28 2008-429 VENDOR SERVICE AGREEMENT Automated License Plate Reader System Page I of5 This Vendor Service Agreement is entered into this...!l1h day of November. by and bJtween PIPS TECHNOLOGY of Knoxville. Tennessee ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for an Automated License Plate Reader (ALPR) system for the San Bernardino Police Department; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$ 115,519.40 for the products and services as set forth on Exhibit "A," attached hereto and incorporated herein. b, No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vender, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives, As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or ATTACHMENT "A" 2008-429 VENDOR SERVICE AGREEMENT Automated License Plate Reader System Page 2 of 5 omiSSIOns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 2008-429 VENDOR SERVICE AGREEMENT Automated License Plate Reader System Page 3 of5 TO THE CITY: TO THE VENDOR: Michael Eckley, Public Safety IT Manager San Bernardino Police Department 710 North "D" Street - B Building San Bernardino, CA 92402-1559 Telephone: (909) 384-5947 Kris Robinson, Regional Sales Mgr PIPS Technology 1108 E Raymond Way Anaheim, CA. 92801 (949) 280-1716 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. III 2008-429 VENDOR SERVICE AGREEMENT Automated License Plate Reader System Page 4 of5 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless 'such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III III III III III III III III 2008-429 VENDOR SERVICE AGREEMENT Automated License Plate Reader System Page 5 of5 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below, By: Mark erg, Interim City Manager Approved as to Form: James F. Penman, City Attorney 2008-429 . PIPS TECHNOLOGY A Federal Signal Company Exhibit "A II September 24th, 2008 Mike Eckley San Bernardino City Police Department 71 0 North D Street San Bernardino, CA 92402 REF: Mobile Law Enforcement License Plate Recognition (ALPR) 4-Camera System with "PAGIS" Mike, Thank you for the opportunity to quote our Mobile Law Enforcement Automated License Plate Recognition (ALPR) System referred to as PAGIS. PIPS Technology has been the industry leader In ALPR systems worldwide for over 16 years. When considering an ALPR vendor I hope you will take Into consideration the following key points about our company: . Our Jmb[ market focus is specializing in Automatic License Plate Recognition technologies. . As an Original Equipment Manufacturer, we design, manufacture, and develop our own hardware and software - we control the quality and support of our products from start to finish. . PIPS offers an ALPR "back-end" analysis software package (BOSS) that provides data-mining of "historic" license plate information obtained and stored from all deployed mobile (and fixed) systems within your department. . Our technology has passed a rigorous 5-protocol day and night testing procedure by the CHP with successful capture and plate interpretation rates of 92% obtained at speeds up to 110 miles per hour in various conditions that simulate the mobile law enforcement environment. Our durable camera mounts were designed by law enforcement for law enforcement deployment. . We have an established western U.S. sales and support office based in the Los Angeles Area. I am pleased to prOVide you with the following pricing per the state of New York NYSPO Hire contract (contract # PC63041) for four (4) fmu: camera LPR systems "hard" mounted without touch screen and integrated into an existing MDT system in a patrol vehicle. This is the same contract utilized by the Arcadia Police Department who purchased four mobile ALPR systems from us in August 2008: QTY DESCRIPTION Unit Cost Total 4 P362-950-LE-P Police ALPR PAGIS unit to include: four P362 $22,950 $91,800 dual lens cameras with IR @ 950nm and color overview: all custom camera cabling; PIPS ALPR processor-trunk mounted: GPS module: All required PAGIS and ALPR software installed on the processor for the State of Califomia vehicle license database (DOJ). Custom flat camera bracket for use on the vehicle of your choice. 4 PIPS-SRYC-FE-MOBILE On-site 2 days Installation and Training per $3,420 $13,680 vehicle 1 PIPS-SW-BOSS "Back Office Server Software installed on sheriff department $1,755 $1,755 hardware - one (1) software license oer site Is reoulred 1 ShiDDinQ and Insurance $800 1108 E.Raymond Way Anaheim, Ca. 92801 Phone: (949) 280-1716 Fax: (949) no-e824 E-mail: InfolillDiDstechnoloQv.com 2008-429 Ir Exhibit n ., (1". PIPS TECHNOLOGY 4 ment and hardware of 93 555 Total Optional extended maintenance after year one. Warranty for years two and $4,000 Three for both software and hardware for 4 systems, $2,000 per vehide er ear 7 484.40 115 519.40 $16,000 Page 2 SCODe of Work: Our quote includes installation and training. During that time, our system will be installed In your designated vehicle, and you or the appropriate personnel will receive training on both PAGIS and BOSS by our representative. Our quote includes the cost for our Back Office Server Software (BOSS) that can be installed on your existing server. During the installation arid training, our engineer will install one copy oftbis software application that is used for mining of all data collected by each PAGIS unit. The initial cost of installing BOSS for your office can be utilized for all future PIPS mobile installations within your organization. It can also integrate with law enforcement agencies, fixed ALPR sites, or with commercial purchasers of our ALPR systems to provide a comprehensive database of vehicle movement within the surrounding areas where PIPS systems have been deployed. This venion of BOSS has a storage limit of 4GB. If your agency already bas a full license of Microsoft Sequel Server, BOSS will not have any storage limit. If you use NetMotlon, it needs to be 6.5 venion or higher and you need to have a Policy Manager License. AdditlonaDy, your MDC will need to have an available Ethernet port for us to set the IP address to 192.200.200.200. All PIPS equipment hardware and software is covered by a one-year parts and labor warranty. Maintenance agreements are available for both our hardware and software products. These agreements supply you with upgrades and improvements to our OCR engine for enhanced plate detection capabilities and software upgrades for BOSS and PAGIS In addition to all hardware sold by PIPS Technology, Inc. The cost for this optional coverage is quoted at $2,000 per year per vehicle after the first year of warranty. This pricing is valid for 120 days from the date of this quote. To purchase these systems per the NYSPO contract, San Bernardino City Police Department isto issue a purchase order directly to PIPS Technology, Inc. referencing our contract number PC63041. Please let me know if you require any other information. I can be reached directly at 949- 280-1716 should you have any questions regarding the content of this quotation. Best Regards, Kris Robinson Regional Sales Manager 1108 E.Raymond Way Anaheim, Ca. 92801 Phone: (949) 280-1716 Fax: (949) 770.-&24 E-mail: InfolillDIDstechnoloav.com