Loading...
7�pW N Of � ,.Pit to °off,, s COUNCIL AGENDA REPORT S GAO 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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. N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf 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 N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf 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. N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf 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. N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf 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. N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf 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. N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf 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 N: /MASTER/Agreements /Purchase and Service Agreement Template.rtf THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK