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DATE: MAY 17, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 06/03/2013
ITEM NO: 9
SUBJECT: AUTHORIZE THE PURCHASE OF LICENSE PLATE RECOGNITION
SYSTEMS FOR PARKING ENFORCEMENT
A. FORMAL COMPETITIVE BIDDING FOR THE PURCHASE OF THE
LICENSE PLATE RECOGNITION SYSTEMS FOR PARKING
ENFORCEMENT IS SUSPENDED AND
B. AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH SENTRY CONTROL SYSTEMS FOR THE PURCHASE OF
LICENSE PLATE RECOGNITION SYSTEMS FOR PARKING
ENFORCEMENT
RECOMMENDATION:
This report recommends that the Town Council authorize the purchase of a license plate
recognition system for parking enforcement:
• Formal competitive bidding for the purchase of a license plate recognition system for
parking enforcement be suspended and
• Authorize the Town Manager to execute an agreement with Sentry Control Systems for
the purchase of a license plate recognition system for parking enforcement
BACKGROUND:
Parking Enforcement Officers currently enforce timed parking limits using a tire chalking
system. The Parking Enforcement Officer will mark a tire of a parked vehicle and then return
back to the area after the allotted time to see if any vehicles in the area still have a marked tire.
Parking Enforcement Officers most commonly conduct this chalking on foot rather than in a
vehicle, meaning enforcement can only occur at the walking speed of the particular officer. As a
result, Parking Enforcement Officers are not able to provide consistent enforcement throughout
timed parking periods.
PREPARED BY: Scott R. Seaman
Chief of Police
Reviewed by: Assistant Town
Town Attorney Finance
Y:\PD\Parking\Parking Programs \License Plate Recognition Enforcement \Town Council Report License Recognition System REVISED.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE PURCHASE OF LICENSE PLATE RECOGNITION
SYSTEMS FOR PARKING ENFORCEMENT
Staff has looked at ways to create efficiencies in parking enforcement and found a company,
Sentry Control Systems, which automates parking enforcement. Sentry Control Systems provides
the AutoVu license plate recognition system for parking enforcement solutions. The AutoVu
system integrates license plate recognition (LPR) and global positioning technologies to
automate parking enforcement and enhance productivity.
The adopted budget for the current fiscal year listed and assumed acquisition of this technology
earlier in the year; however, the search for alternative vendors and other priorities delayed this
proposal until now.
DISCUSSION:
Staff has researched the field and determined that Sentry Control Systems is the only company to
offer license plate recognition (LPR) solutions to read perpendicular, angled, or parallel parked
vehicles. The AutoVu system is comprised of cameras, GPS technology, and a monitor which is
installed onto an agency's existing parking control vehicle. AutoVu equipped vehicles will read
and digitally store license plates and vehicle location information and identify vehicles that have
been parked for longer than the maximum allotted time. The system utilizes a photograph of the
license plate and tire stem position combined with GPS location to establish the violation.
This system will allow Parking Enforcement Officers to increase efficiency and productivity of
parking enforcement. The system will also match vehicle license plates against a "hot list"
database comprised of vehicles with five or more outstanding violations and /or stolen vehicles in
the State's stolen vehicle and license plate system. Review of appeals of citations issued with this
system will include a review of digital images and GPS data to affirm or reverse the citation.
Business and community outreach will notify business owners and residents of the new system.
The Police Department will use a transition period with warning notices for 14 days to educate
violators.
Based on internal evaluation of the product, staff believes this technology will raise additional
revenue due to time saving efficiencies. Staff estimates that the increase in revenue will cover the
costs of the equipment within the first two years of operation.
In addition to using the new technology, staff expects to continue to mark tires in the traditional
method, as necessary or appropriate. However, reduced tire chalking will also help avoid future
repetitive motion and /or back strain occurring.
All purchases and contracts for supplies and services that total $50,000 or more require approval
by the Town Council. A formal competitive selection process is required for vendor selection
unless the Town Council approves the use of an alternative selection process or the use of a sole
source. This purchase conforms to existing Town policy for the purchase of supplies and
services. Sentry Control Systems is the only company to offer license plate recognition (LPR)
for parking enforcement, and therefore would be considered a sole source purchase.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE PURCHASE OF LICENSE PLATE RECOGNITION
SYSTEMS FOR PARKING ENFORCEMENT
Sentry Control Systems requires a total system investment of $76,620, which includes a five year
Software Maintenance Agreement (SMA) base package and a five year extended warranty
package.
The AutoVu parking system offers a more effective and efficient way to manage parking
violations as compared to the manual chalking system currently in use. In addition:
• The Town's three current Parking Enforcement Officers have all experienced disabling
injuries from chalking cars. The AutoVu prevents any further injuries to parking control
personnel. The City of Monterey and the City of Carmel both purchased this system
solely for injury prevention.
The AutoVu system allows timed parking enforcement in all weather. Currently the
Town loses about 40 days of parking enforcement each calendar year due to rain because
chalked tires do not remain marked in wet conditions.
• The AutoVu system allows greater and more consistent enforcement of parking areas
since it is vehicle based.
Carmel, Monterey, Aspen, Seattle, and Napa have all reported a significant increase in parking
enforcement within the first year that the AutoVu system was in use.
RECOMMENDATION:
It is recommended that the Town Council suspend formal competitive bidding and authorize the
Town Manager to execute an agreement with Sentry Control Systems for the purchase of one
license plate recognition system for parking enforcement.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Funds for the purchase of one license plate recognition system would be provided through the
Equipment Replacement Program (5402- 81120) with a balance transfer from the Manager's
Contingency Program (1201-62111.)
Attachments:
Attachment 1 — Purchase Quote and Warranty
Attachment 2 — Agreement with Scope of Services
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RY
groe V Filay Le.
Project Name: Los Gatos / Monte Sereno Police
Dept - Genetec 2 SharpX Overtime
Account Name: Los Gatos Police Department
Investment Summary
Parking Operator:
Property Manager:
Proposal #: 003456 1 Building Owner:
May 14, 2013
Quote Valid for 30 Days
Total System Investment: $76,572.00
Purchasing Agreement with Terms &t Conditions:
Installation includes mounting equipment listed on the attached equipment list. Sentry will assemble and test the system and will verify that it
operates properly. Attachment A (Scope of Installation Work) defines our respective responsibilities. Sentry will provide training up to the hours
stated above. Additional training can be scheduled and will be provided at the rate of $950.00 per day. The cost of required permits is not included
in this proposal. The deposit stated above is due upon acceptance of this proposal. You will be billed Net 30 as equipment is delivered to Sentry,
with the balance due upon completion. A cancellation or restocking charge of 40% may be assessed on cancelled orders. Special order items may
carry up to 100% cancellation /restocking fee based on factory return policies. This proposal is covered under the California Mechanics Lien Laws.
Warranty commences on the date Sentry receives materials from the parts supplier. Sentry's understanding is a performance bond is . Pricing NA
include PLA —Union Labor Rates. Pricing NA include Prevailing Wage Labor Rates. Invoices not paid within the terms of this proposal are subject to
Service Charges at the rate of 2.0% per month. In the event outside mediation is necessary for the collection of an unpaid invoice, the customer is
responsible for collection costs and reasonable attorneys fees. Warranty begins upon substantial completion.
ATTACHMENT 1
Corporate HQ. 6611 Odessa Ave, Van Nuys CA, 91406
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www.sentrVcontrol.com
Page 2 of 3
T
EQUIPMENT LIST
1 1 1 GSC AutoVu Standard Base Package.
1 Genetec AutoVu SharpX City - Overtime w /wheel Imaging Dual Base Kit
1 Genetec Mapinfo StreetPro mapping data, per vehicle, one US county
1 Genetec Panasonic toughbook CF19 Dual Mode Notebook Complete Kit
2 White AutoVu SharpX Camera Unit T -Slot Mounted (Vehicle mounts not included)
1 Wheel Imaging System Installation for AutoVu Mobile City for 1 vehicle
1 SMA Base Package - 5 Years
1 I Extended Warranty for SharpX AU -K -O2X w /Return and Repair Coverage - 5 Years Pre -Paid
1 Genetec Security Center (GSC) Base Package 5.1
Corporate HQ: 6611 Odessa Ave, Van Nuys CA, 91406
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www.sentrycontrol.com
SCORE OF WORK
1 I Software Et Hardware Commissioning
Page 3 of 3
2 All work to be completed during normal business hours and overtime requested by customer is not
included.
3 Close -Out Package to be provided including Operator Manual. Operator Manual will be electronic
documentation.
4 All inclusive travel and installation services included.
5 On -site training of the owner or owner's representative to properly operate the installed system.
1 I Customer to provide Computer Hardware. Customer should confirm specs with Sentry.
1 Notes: 1. Atlow 6 -12 weeks for delivery of cameras. 2. Microsoft SQL SVR 2008 is required and is not
included in quote. 3. Server to run Security Center is not included. Specs provided by Genetec. 4. Security
Center license includes 5 Users.
Corporate HQ: 6611 Odessa Ave, Van Nuys CA, 91406
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www.sentrycontrol.com
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PURCHASE AND SERVICE AGREEMENT
THIS AGREEMENT is dated for identification this 13th of November, 2012 and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, ( "Town ") and [Sentry
Control Systems], ( "Supplier "), whose address is 6611 Odessa Avenue, Van Nuys, CA 91406.
This Agreement is made with reference to the following facts. This contract will remain in effect
from January 1, 2013 to December 31, 2013.
I. RECITALS
1.1 Town sought quotations for the purchase described in this Agreement, and Supplier was
found to be the lowest responsible supplier for this purchase.
1.2 Supplier represents that it is a qualified and competent supplier of the items to be purchased
under this Agreement.
1.3 The Town desire to engage Supplier to provide one AutoVu equipment unit to read vehicle
license plates parked on or off street for the purpose of enforcement. Exhibit A provides the
Scope of Service.
1.4 The Supplier represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
II. AGREEMENTS
2.1 Supplies and Terms. Supplier hereby agrees to deliver to Town at 110 E. Main Street, Los
Gatos, CA 95030 the items and materials described in the investment summary, which is
attached hereto and incorporated by reference. The terms and conditions are as follows:
(1) Price. Town shall pay Supplier the amounts defined in Exhibit B, which include
sales tax and delivery charges. Payment shall be net 30 days from delivery.
(2) Delivery. The delivery of the items and materials shall be no later than December
31, 2012. Delivery shall be made between 8:00 a.m. and 5:00 p.m. on weekdays
that are not Town holidays or furlough days.
2.2 Time of the Essence. Prompt delivery of the items and materials is essential to this
Agreement.
2.3 Scope of Services. Supplier shall provide services as described in that certain proposal sent
to the Town on September 17, 2012, which is hereby incorporated by reference and attached
as "Exhibit A."
2.4 Time of Performance. The services to be performed are as follows: Five years from
accepting and completion of the installation of equipment.
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ATTACHMENT 2
2.5 Compliance with Laws. The Supplier shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Supplier represents
and warrants to Town that it has all licenses, permits, qualifications and approvals of
whatsoever nature which are legally required for Supplier to practice its profession.
Supplier shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the
Code of the Town of Los Gatos.
2.6 Sole Responsibility. Supplier shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.7 Information/Report Handling. All documents furnished to Supplier by the Town and all
reports and supportive data prepared by the Supplier under this Agreement are the Town's
property and shall be delivered to the Town upon the completion of Supplier's services or at
the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Supplier in connection with the performance of its services pursuant to this
Agreement are confidential until released by the Town to the public, and the Supplier shall
not make any of the these documents or information available to any individual or
organization not employed by the Supplier or the Town without the written consent of the
Town before such release. The Town acknowledges that the reports to be prepared by the
Supplier pursuant to this Agreement are for the purpose of evaluating a defined project, and
Town's use of the information contained in the reports prepared by the Supplier in
connection with other projects shall be solely at Town's risk, unless Supplier expressly
consents to such use in writing. Town further agrees that it will not appropriate any
methodology or technique of Supplier which is and has been confirmed in writing by
Supplier to be a trade secret of Supplier.
2.8 Compensation. Compensation for the supplies and materials delivered and for supplier's
professional services shall not exceed $80,000, inclusive of all costs. Payment shall be
based upon Town approval of each task.
2.9 Billing. Billing shall be by invoice within thirty (30) days of the rendering of the services
and shall be accompanied by a detailed explanation of the work performed by whom at
what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031 -0655
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2.10 Availability of Records. Supplier shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Supplier
shall make these records available to authorized personnel of the Town at the Supplier's
offices during business hours upon written request of the Town.
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Supplier. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.12 Independent Contractor. It is understood that the Supplier, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and not
an agent or employee of the Town. As an independent contractor he /she shall not obtain
any rights to retirement benefits or other benefits which accrue to Town employee(s). With
prior written consent, the Supplier may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement. Supplier agrees to testify in any litigation brought
regarding the subject of the work to be performed under this Agreement. Supplier shall be
compensated for its costs and expenses in preparing for, traveling to, and testifying in such
matters at its then current hourly rates of compensation, unless such litigation is brought by
Supplier or is based on allegations of Supplier's negligent performance or wrongdoing.
2.13 Conflict of Interest. Supplier understands that its professional responsibilities are solely to
the Town. The Supplier has and shall not obtain any holding or interest within the Town of
Los Gatos. Supplier has no business holdings or agreements with any individual member of
the Staff or management of the Town or its representatives nor shall it enter into any such
holdings or agreements. In addition, Supplier warrants that it does not presently and shall
not acquire any direct or indirect interest adverse to those of the Town in the subject of this
Agreement, and it shall immediately disassociate itself from such an interest, should it
discover it has done so and shall, at the Town's sole discretion, divest itself of such interest.
Supplier shall not knowingly and shall take reasonable steps to ensure that it does not
employ a person having such an interest in this performance of this Agreement. If after
employment of a person, Supplier discovers it has employed a person with a direct or
indirect interest that would conflict with its performance of this Agreement, Supplier shall
promptly notify Town of this employment relationship, and shall, at the Town's sole
discretion, sever any such employment relationship.
2.14 Equal Employment Opportunity. Supplier warrants that it is an equal opportunity employer
and shall comply with applicable regulations governing equal employment opportunity.
Neither Supplier nor its subcontractors do and neither shall discriminate against persons
employed or seeking employment with them on the basis of age, sex, color, race, marital
status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or
medical condition, unless based upon a bona fide occupational qualification pursuant to the
California Fair Employment & Housing Act.
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III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Supplier agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single limit
per occurrence for bodily injury, personal injury and property damage.
ii. Supplier agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Supplier shall provide to the Town all certificates of insurance, with original
endorsements effecting coverage. Supplier agrees that all certificates and
endorsements are to be received and approved by the Town before work
commences.
iv. Supplier agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Supplier for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Supplier; products and completed operations of Supplier,
premises owned or used by the Supplier. This requirement does not apply to
the professional liability insurance required for professional errors and
omissions.
ii. The Supplier's insurance coverage shall be primary insurance as respects the
Town, its officers, officials, employees and volunteers. Any insurance or
self - insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Supplier's insurance and shall not contribute
with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Supplier's insurance shall apply separately to each insured against whom
a claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
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3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk Administrator.
3.3 Workers' Compensation. In addition to these policies, Supplier shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Supplier shall ensure that all subcontractors employed by Supplier provide the required
Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Supplier shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Supplier, or any of the Supplier's officers, employees, or agents or any sub - contractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Severability. If any terin of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
4.3 Warranty. Supplier shall remedy any defects due to faulty materials and /or workmanship
and pay for any damages to other work and /or existing facilities resulting therefrom which
shall appear within a period of one year from the date of recording of final acceptance.
4.4 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa. Clara.
4.5 Termination of Agreement. The Town and the Supplier shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written notice
of termination. In the event of termination, the Supplier shall deliver to the Town all
supplies and services scheduled to be delivered to Town within that fifteen (15) day period.
4.6 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Supplier.
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4.7 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.8 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Sentry Control Systems
Attn:
6611 Odessa Avenue
Van Nuys, CA 91406
OR personally delivered to Supplier to such address or such other address as Supplier
designates in writing to Town.
4.9 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
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4.10 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Supplier. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
IN WITNESS WHEREOF, the Town and Supplier have executed this Agreement.
Town of Los Gatos by:
Greg Larson, Town Manager
Recommended by:
Sentry Control Systems, by:
Chief Scott Seaman, Los Gatos /Monte Sereno Title
Police Department
Approved as to Form:
Judith J. Propp, Town Attorney
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SCOPE OF SERVICES
EQUIPMENT PURCHASE
The CONSULTANT agrees to sell, assign, and transfer all of its rights, title, and interest in the personal
property described below to the Town.
One (1) AutoVu Equipment unit - Each unit is equipped to read vehicle license plates parked on and off
street for the purpose of enforcement of overtime parking restrictions and for the identification of scofflaw
vehicles.
Each unit is comprised of the following:
• One Pentium computer running the latest version of Windows software
• Two frame grabbers
• One touch screen
• Two roof mounted cameras
• Two tire imaging cameras
• Two rotating platforms
• Mounting hardware and miscellaneous wiring and cabling
• MS Access 97 database
• Administrative software package for statistical data reporting and analysis
Upon receipt of the Equipment by the Town at the Police Department, the Town agrees to be responsible
for the equipment. In the event of a total or partial loss after such receipt the Town shall pay for
replacement parts plus a markup of 25% plus shipping charges and shipping insurance. At no time shall
the Town be liable for any damages for loss during transit of the equipment.
The Consultant will install one 1wireless Communication Interface Server WCIA at the Town location in a
professional manner approved by the Town of Los Gatos. The Town acknowledges that the WCIS and all
data resident thereon shall remain the property of the Consultant.
Consultant acknowledges that the WCIS will remain available to the Town at the Town location as long as
the Town is using the equipment package described above.
DELIVERY INSTALLATION AND TRAINING
The seller win deliver and install the Equipment for the Town at the requested location on or about
December 2012.
A maximum of three 3 days of training will be provided to a maximum of three (3) end users for each
Unit.
WARRENTY
The consultant warrants that the equipment is free from any security interests or other lien or
encumbrance and that it has full title to the Equipment and full authority to sell the Equipment.
Furthermore the consultant warrants that at the time of signing this Agreement the
Consultant neither knows nor has reason to know of the existence of any outstanding title or claim
of title hostile to the rights of the consultant in the Equipment.
The consultant agrees to provide the Town a full no cost forty -eight (48) month warranty on the
equipment. The warranty is effective starting from the date of installation of the equipment. The warranty
applies to hardware and software components inclusive, of labor. The consultant agrees to assign the
benefits of all third party warranties for any third party equipment comprising the equipment to the Town.
Exhibit A
Subject to the provisions of this subsection the consultant or an authorized service agent will perform
remedial work on the Equipment at the consultant sole cost and expense during the warranty period.
The consultant makes no warranty regarding the model life of the equipment.
The consultant's warranties will not apply to any equipment in the following situations:
1. Failure to provide a suitable operating environment for the equipment.
2. Use of the equipment for purposes other than that for which it was designed.
3. Failure to monitor or operate the equipment in accordance with acceptable seller specifications.
4. Unusual mechanical physical or electrical stress.
5. Any other abuse misuse neglect or accident.
The Town shall notify the consultant in writing promptly of the failure of the equipment to conform to the
warranty set forth above and shall describe in commercially reasonable detail in such notice the
symptoms associated with such failure. The consultant must receive the notice during the warranty period
of the equipment. Within thirty 30 days of receipt of the notice the consultant will test the allegedly
defective equipment and where the consultant determines that the equipment does not meet the warranty
set forth above the consultant shall correct such failure at the consultant option, either
1. Modifying or repairing the equipment or
2. Replacing the equipment.
The Town shall provide the consultant the opportunity to inspect the equipment. The modification repair
or replacement shall be at the consultant's expense.
Except for the express warranty set forth above the consultant grants no other warranties, expressed or
implies by statute or otherwise regarding the equipment their quality or otherwise. No employee
representative or distributor of the consultant or any other party is authorized to make any warranty for
the equipment other than the warranty set forth herein.
If the consultant is unable to modify, repair, or replace the equipment to conform to the warranty set forth
above then the consultant shall refund the Town the purchase price of the equipment less depreciation
calculated on a straight -line basis over the consultants stated warranty period. In no event shall the
consultant be liable for the cost of procurement or installation of substitute equipment by the Town for any
special consequential indirect or incidental damages.
MAINTENANCE SERVICES
For the purpose of this subsection:
1.
i. Consultant shall mean the consultant or an authorized service agent.
ii. Equipment failure shall mean a malfunction of the equipment excluding external factors which
prevents the accomplishment of the job that the Equipment has been designed to
accomplishment.
iii. Principal period of maintenance shall mean any nine (9) consecutive hours per day between the
hours of 8 am and 5pm, Monday through. Friday excluding statutory holidays observed at the
Town's location or consultant's location.
iv. The consultant's Labor Rate shall mean the rate charged for work performed by the consultant
during the warranty period that is not covered under normal maintenance set forth in this
subsection. The Labor Rate is set at 100 per hour.
2. The Town shall be responsible for operation of the equipment. The Town shall operate the equipment
in a reasonable competent manner and in compliance with the user manual for the equipment.
[Type text]
3. During the warranty period the consultant will provide free maintenance service as described in this
subsection. In the event of equipment malfunction the Town agrees to notify the consultant. The
consultant agrees to provide equipment maintenance service during the principal period of
maintenance. The maintenance service includes:
i. Four hour telephone and pager response.
ii. The consultant will work with Town personnel on site to diagnose the problem and effect repair.
iii. If the problem cannot be corrected over the telephone the consultant will provide on -site
maintenance to repair an equipment failure within a maximum of 48 hours for the time the
Equipment malfunction was reported statutory holidays and weekends excepted. Maintenance
parts will be furnished by the consultant and will be new or equivalent to new in performance
when used in the equipment. Replaced maintenance parts become the property of the consultant.
4. Maintenance service does not include:
i. Re- installation of the equipment on a different vehicle.
ii. Repair of damage or increase in service time caused by accident neglect misuse or alterations to
the Equipment.
iii. Repair or damage or increase in service time resulting from failure by the City to provide a
suitable environmental for the consultant to provide maintenance service..
iv. Repair or damage or increase in service time caused by:
1. An event or any reason beyond the reasonable control of the consultant and which despite
the exercise of reasonable diligence by the consultant could not have been prevented or
avoided.
2. By fault or negligence of the Town or
3. By causes external to the equipment.
Repair or maintenance by the consultant that is required, in consultant's sole opinion to restore
such equipment to proper operating conditions after any person other than consultant's employee
had performed maintenance or otherwise repaired an item of equipment without the consultant's
authorization.
5. Changes or additional charges for such repair maintenance or increase in service time set forth in
Sections 1, 4, and 6 shall be invoiced to the Town at consultant's Labor Rate. Where applicable and as
agreed to with the Town prior to performance of the work and /or travel time to the Town's location will be
charged at a rate equal to 50% of the labor Rate (the "travel rate ".)
6. If the Town requests maintenance or other work to be performed at a time outside of the principal
period of maintenance the service will be furnished at the applicable consultant labor rate and travel rate.
[Type text]
Patent RE38,626E
The Town wants to source an Electronic Tire Chalking System that will be used (a) to
electronically enforce overtime parking restrictions and (b) to read the license plates of parked
vehicles, search an on -board database of scofflaws, and identify scofflaws based on a positive
match against the database (the "System "). The application described above is protected by
the Vendor's US patent RE38,626E issued on October 19th 2004.
For example main claim 39 of the patent describes:
A method for enforcing parking regulations comprising:
➢ Capturing an image of a parked vehicle at a first observation time;
➢ Extracting an identifier of the parked vehicle from the image;
➢ Determining a position of a predetermined measurement point at the first observation
time;
➢ Concatenating the identifier, the first observation time, and the position of the
measurement point into a vehicle data record;
➢ Storing a plurality of data records, each data record including a vehicle identifier, an
observation time, and a vehicle position;
➢ Traversing the database to locate a second data record having the identifier of the
parked vehicle;
The method for enforcing parking regulations, as recited in claim 39, further comprising
the steps of:
➢ Comparing the observation time in the first data record to the observation time of the
second data record; and
➢ Comparing the position in the first data record to the position and the second data
record.
In addition, main claim 49 of the patent describes:
A system for locating a lost vehicle comprising:
➢ a camera capturing an image of the lost vehicle;
➢ a sub - system within a data processing system coupled to the camera, the sub- system
extracting an identifier of the lost vehicle from the image;
➢ a database coupled to the data processing system, the database storing a plurality of
data records, each data record including a vehicle identifier; and
➢ a means for enabling a user to traverse the database to locate a second data record
having the identifier of the lost vehicle, to assist in identifying the lost vehicle.
Furthermore as per claim 63, a lost vehicle is described to include a vehicle that is:
➢ registered to an owner with an unpaid public debt; or
➢ wanted by a law enforcement or public service agency.
Claims 39, 40, 49, and 63 clearly describe the System that the City wishes to source, with the
license plate number being used as the identifier.
Project Name: Los Gatos / Monte Sereno Police
Dept - Genetec 2 SharpX Overtime
Account Name: Los Gatos Police Department
Investment Summary
Parking Operator:
Property Manager:
Proposal #: 003456 1 Building Owner:
May 14, 2013
Quote Valid for 30 Days
Start Date:
Total System Investment: $76,572.00
Purchasing Agreement with Terms Ft Conditions:
Installation includes mounting equipment listed on the attached equipment list. Sentry will assemble and test the system and will verify that it
operates properly. Attachment A (Scope of Installation Work) defines our respective responsibilities. Sentry will provide training up to the hours
stated above. Additional training can be scheduled and will be provided at the rate of $950.00 per day. The cost of required permits is not included
in this proposal. The deposit stated above is due upon acceptance of this proposal. You will be billed Net 30 as equipment is delivered to Sentry,
with the balance due upon completion. A cancellation or restocking charge of 40% may be assessed on cancelled orders. Special order items may
carry up to 100% cancellation /restocking fee based on factory return policies. This proposal is covered under the California Mechanics Lien Laws.
Warranty commences on the date Sentry receives materials from the parts supplier. Sentry's understanding is a performance bond is . Pricing NA
include PLA —Union Labor Rates. Pricing NA include Prevailing Wage Labor Rates. Invoices not paid within the terms of this proposal are subject to
Service Charges at the rate of 2.0% per month. In the event outside mediation is necessary for the collection of an unpaid invoice, the customer is
responsible for collection costs and reasonable attorney's fees. Warranty begins upon substantial completion.
Corporate HQ: 6611 Odessa Ave, Van Nuys CA, 91406 EXHIBIT B
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www.sentrycontrol.com
C C � L _ Y E; -1 E 11
EquIPMENT LIST
Page 2 of 3
f�,. -.
-
QTY`
1
GSC AutoVu Standard Base Package.
1
Genetec AutoVu SharpX City - Overtime w /wheel Imaging Dual Base Kit
1
Genetec Mapinfo StreetPro mapping data, per vehicle, one US county
1
Genetec Panasonic toughbook CF19 Dual Mode Notebook Complete. Kit
2
White AutoVu SharpX Camera Unit T -Slot Mounted (Vehicle mounts not included)
1
Wheel Imaging System Installation for AutoVu Mobile City for 1 vehicle
1
SMA Base Package - 5 Years
1
Extended Warranty for SharpX AU -K -O2X w /Return and Repair Coverage - 5 Years Pre -Paid
1
Genetec Security Center (GSC) Base Package 5.1
Corporate HQ: 6611 Odessa Ave, Van Nuys CA, 91406
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www. sentrycon trot. com -- -
s= •, ; r-
Page 3 of 3
1 I Customer to provide Computer Hardware. Customer should confirm specs with Sentry.
1 Notes: 1. Allow weeks for delivery of cameras. 2. Microsoft SQL SVR 2008 is required and is not
included in quote. 3. Server to run Security Center is not included. Specs provided by Genetec. 4. Security
Center license includes 5 Users.
Corporate HQ: 6611 Odessa Ave, Van Nuys CA, 91406
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www. sen trycon trot. corn
t. .�.:..s. - -�
1
Software Et Hardware Commissioning
2
All work to be completed during normal business hours and overtime requested by customer is not
included.
3
Close -Out Package to be provided including Operator Manual. Operator Manual will be electronic
documentation.
4
Alt inclusive travel and installation services included.
5
On -site training of the owner or owner's representative to properly operate the installed system.
1 I Customer to provide Computer Hardware. Customer should confirm specs with Sentry.
1 Notes: 1. Allow weeks for delivery of cameras. 2. Microsoft SQL SVR 2008 is required and is not
included in quote. 3. Server to run Security Center is not included. Specs provided by Genetec. 4. Security
Center license includes 5 Users.
Corporate HQ: 6611 Odessa Ave, Van Nuys CA, 91406
Phone: (800) 246 -6662 Fax: (818) 786 -2910 www. sen trycon trot. corn
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