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Home My WebLink AboutC. DIGITAL SAFETY TECHNOLOGIES - WARRANTIES ON POLICE IN-CAR CAMERASCITY OF PORT ARTHUR, TEXAS MAYOR AND CITY COUNCIL COMMUNICATIONS Date: Reference No. Subject Page 11-10-09 Recommendation for the City Council to authorize the payment 1 of 2 to Digital Safety Technologies for warranties on the In-Car cameras for the Police Department RECOMMENDATIONS: The Police Department recommends the City Council authorize the payment to Digital Safety Technologies of Morrisville, NC. in the amount of $13,750.00, for warranties on In-Car digital cameras. BACKGROUND: -The Police Department utilizes digital cameras in each patrol unit. These cameras were purchased from a company called Integrian. Integrian went out of business and the Police Department was without warranty for repairs and maintenance on this equipment. Digital Safety Technologies bought out Integrian and agreed to back date the warranty. Digital Safety Technologies is now the approved vendor for this equipment. BUDGET/FISCAL EFFECT: The funds are available in Aceount # 001-1101-521.42-00 STAFF/EMPLOYEE EFFECT: None SUMMARY: The Police Department recommends the City Council authorize the payment to Digital Safety T~hnolo 'es of Morrisville, NC. in the amount of $13,750.00. ~a\, Chief of Police Deborah Ec iols Director of Finance ,~1~~.~ Shawna Tubbs Purchasing Director Prepazed by: sb Disposition by Council: Processed by City Secretary A roved b ( )Approve ( )Other (Describe) Date: DST QUOTE 6/29/2009 __ SALES QUOTE FORM Valid Tor 30 Days ~Ig~~~' 511 Davis Drive, Suite 300 Technolo{~ies b MDrrisville, NC 27560 _ 919$27$000 Tax ID: 26JS20794 Quote number: Date: srzsrzooe Ship Information: Bill to: To: Port Arthur Police Department Port Arthur Police Department Attn: David Mai 645 4th Street Port Arthur, TX. 77640 Phone: FAX: Email: Taxable? NO Select Y/N ff New Customer NO - --- ~~ ~ - -- -DIGITAL VIDEO RECORDER ~ ~ ~~~-. _ _ ~~ QTY PART# DESCRIPTION - MSRP ~ - PRICE Total 55 326-0010 - DP2 Legacy Customer 1 year Warranty. -Per Car. .. S 260.00 a ,~ r ~ , 260 00 ~ 513 750 00. ~* -~ ~: ~ Includes repair or replacement with_a minimum of 10 Day ~-~~ Tumarourid- nRMA ;lh l d Aon 4 '`' `'_ ' '`~ - ~ .. ~- ` o s c u es.p essupport-musthave. ` - x > ~~?~~ t ~~ k- ~= ` ' remote access capability Softwar e`upgrade to 4.6.2. DST fd- ~ ~~ <., ~`' ~ - ": Pay one-way. shtppin9 - _ ~ ~~ , ~. .~-~', - - - COMMENTSMOTES Note 1: Warranty will run from July 1, 2009 till June 30, 2010. Customer warrants that this warranty will be purchased in November 2009 budget. Note 2: Subtotal: 573,7b0 Tax: Shipping (MUST EN7ERJ: SD Total: 513,750 Quotation by: Phone: Fax: Kelli Worley 919-627-6031 (customer signature) (P.O. #) Page 1 Port Arthur Legacy Warranty for ist vear.xls DST QUOTE 6 /2 912 0 0 9 TERMS 8. CONDITIONS These Terms & Conditions apply to your purchase antl /icense o! the products and/or services. including any lntegrian branded products lrom Digital Safety Technologies, /nc. (`DST). Warranties: DST Hardware. DST •namants its hardware against defects in material antl workmanship under normal use (or a period of nvalve monhs Rom the data of shipment. DST hardware covered by this wenaMy indudes the DVR, the components within the DVR and Integnan branded equipment sdtl in connection vdth the DVR. This •.varranty extends arty to original purchaser. The exdusive remedy and the entire liability of DST end its suppliers under this vrerrenry •nill be the charge of DST or tt's service center to replace or repair upon return of the equipment ro DST or is authorized service center, freight pre-paid. The'bMde' or detachable portion of the DVR is designed and manufactured fro occasional removal and reattachment only. Removing the blade on a regular or excessive basis, as the primary method of offloading information Rom the DVR may cause damage to pans of the bWde and DVR and such damage is not covwed by This viarrenry. Damage to the blade that occurs from negligence ar carelessness wfiile the blade is not attached to the DVR is not covered by this vamanty. DST technical support must be contatted prior to the removal of any hardware from any vehide. antl a determinadon of hardware failure must be made and a Return Materials Authorization (Rlv1A) must be issued prior to the return of any hardware to DST for warranty repair or replacement. Certain environmental factors may affect the pracvcal fundionaliry of D5T hard+:are ~Ntidt is not considered cause for repair under this warranty agreement. Improper mounting of hardvrere may voitl this warranty. Please consult DST iw an oudina of published hardware mounting locations and temperature operating wnditions. DST dons not authorize the wstom"vavon of @'s hard-rare by the customer, and ill void this •.varranry. DST Sortware~ DST •.rarrents tts software ill per(ortn substantially in accordance with the documentation provided for a period of ivrelve months Rom the date of shipment. DST software covered by this warrenbj indudes the Flrrmvare em6eddetl in the DVR and DST software products on Ne assodated Ouote or Purchase Order. DST does not wwamant third-party software sold. recommended or used in connection with DST software. including •.vdhout limitation, operating systems. which are licensed AS-I S. and DST disclaims all liability in connection thereith. DST may meet its warranty obligations herein by providing access to patches. fixes, service packs antl updated versions of its software. including by providing Customer with access to a tlounload link on its website. Customer will provitle DST vdth ae<ess to servers on which DSTs software is located so that DST may perform diagnostic, anatysis antl repair rengtely. It Customer refuses to provide remote access to servers v.here DSTs software is located, Customer vdll be charged for on-site repair services required to complete soRsra varranry repairs. DST does not authorize the wstomaation of @'s soknare by the customer. and will void th6 warranty. Third Pam Hardware and Software: DST will pass third parry •.varrenttes to the extent allowed by original equipment manufacturers or thud party providers of equipment sold by DST in connection ith the sale of DST hardware. However, other than DST hardware antl DST soR.vare. DST does not vvamant equipment, hardware or equipment sold or recemmended by DST or its distributors in wnnection wiM DST equipment, and disclaims all liahility in connection therewith. fniellecmal Procertv Inlrlnpement~ DST warrants that, for a period of three years from the tlata of shipment. the Customers use of the DST hardware and DST software in connection with the DST products and fro the purposes antl in the manner provided in DSTs user manual. will not violate. and ill not rouse the Customer to violate, the terms o! the intellectual property rights of other ponies. To the extent that the foregoing warranty is violated, DST may provide anon- infringing workaround provding substantiaity the same functionality as the original andor obtain for Customer the right to wntinue usirtg the infringing technology. To the eMent that DST is able to provitle the foregoing, that shall be DSTs sole liability under this warranty. To the extent the folia.rng is not provided within a reasonable time. Customer may require DST to repurchase the infringing DST product at the original price less ir3ni of such price for each year since shipment of the product DST may meet its •.varranry obligations to provide a wnrkarountl by providing access to patches, fixes, service packs antl updates versions of its software on its or a third party s website. Non-Warranty Support 8 Malnrenance~ InsralWrlon~ Repairs. replacements, customer wppan and upgredes not specifically listed above. as •.vell as extended wananry periods. may be available far purchase by Customer as an additonal product or service. Please speak vrith your sales representative for further information. Installation services. i/ purchased as indicated on the quote or purUase ortler, assumes no atypical obsWCtions or tlitficulties in me vehides, mmpulers, offices. tlepots and other facilities and equipment on which the product is to be installed or in obtaining access thereto by DST and its subcontrectws. Additional charges may be required in such cases. Vehide installations must be pertormed by a DST <erlifietl installer. Pavment Terms: Payment for equipment antl software is due net 30 days from shipment to Customer. Payment for services are due net 30 days from installation or completion of services (except in the event of prepaid services, such as support & maintenance Agreements w extended •uarrandes. which are due net 30 from invoicey. DST reserves the right to charge a late payment fee on all outstanding accounts in the amount of the lesser of: 1.5 % per month or the highest amount alla.vable under applicable leer. DST may also collect reasonable attorneys' fees antl expenses inwrred or o•.vetl in wnnectian iN collection of past due amounts. Payments from a Customer vnll be applied first against such fees and expenses, then against accrued interest and then against outstanding accounts from bngest outstanding to most recent, unless D57 determines otherwise in its discretion. License o! Sofware: Digital Safety Technologies sofhvare is licensed and net sold and is subject to the terms and wndivons of DST's end-user license agreement. vfiich may be found et: .r:::r dicitalsareT: ech com5nd=x Yp4 o ~ prort•=_ek.care-u~ar-;acerse-aoreaments. and is inwrpord[ed by reference herein. Customer should review these Carats and conditions and purchase/license or use of the product by Customer end/w tts personnel or agents indicates agreement to such terms and conditions. Intellectual PrppetN~ DST and is wppliers retain all rights to intellectual property incorporated into or relating to the products and services sold or licensed hereunder. The products and services sold or licensed hereunder are rwt'works fro hire- and Customer is claiming no rights •nith regard thweto. Prrport Prohibbed~ Customer represents that t is not purchasing w licansing the DST products (or resale. disvibution or other transfer into another country and that Customer is avsre that any such transfer or exporting of DST products may violate U.S. or foreign import or export lays. for which Customer would be wholly responsible. Subconiracmrs. DST may engage subcontractors to perform installation, wpport and other services hereunder These Terms and Condltfons Suoerser/e Others These terms end condifions. along with the products and prices set forth on the quote or purchase order with which these terms antl conditions are attached ar associated form the eontra<I by which Customer is purchasing and licensing the products and services on such quote or purchase order and may no[ he vaned or changed vrithout the express written consent of boM Customer and DST. Customer end DST agree that additional payment terms or other conditions which may be included on Customer forms (such as invoices. orders, statements) or correspondence, whether prior to, simultaneousty •.rith, or following Ina entering into of the Ouote or Purchase Order, shall not form part of this Contract antl shell not constitute a counteroffer or offer for a new convect which may be accepted by DST's performance, delivery ar reply and shall not be bintling or enforceable, unless specifically and expressty agreed to Tor each such additional term in writing by DST. GoverMnp Law: Venue The ponies agree that North Carolina kw, exdudirg its choice of la•.v or conflidsof-Wws provisions, shall appty to the interpretation and enforcement of this Quote or Purchase Order (indudmg these terms and conditionsJ. and that the exGUSive jurisdiction tw the filing of Itigadon relafmg to br arising out of Mis Quote or Purchase Order (inducting these terms end wnditions) end the performance hereunder, shell be federal or state Courts sitting in Wake County, North Carolina, antl the parties herein submit to and will not contest personal junsdicvons al such nuns. Copyright02009 Digital Safety Technologies. Inc. Document nuni6er 150-0OO5V3 Page 2 Port Arthur Legacy Warranty for 1st Year.xls DST QUOTE 6/29!2009 DISCLAIMERS AND LiM/TATIONS: PLEASE READ CAREFULLY: EXCEPT AS EXPRESSLY PROVIDED in THE WARRANTIES SET FORTH ABOVE, THE PRODUCT AND SERVICES SOLD OR LICENSED HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OR INDEMNIFICATION OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN JURISDICTIONS WHERE WARRANTIES. GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED OR LIMITED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF INSTALLATION OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE: AND (2) DST'S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO REPAIR OR REPLACE THE AFFECTED PRODUCT(S). WARRANTIES SHALL NOT APPLY TO THE EXTENT PERFORMANCE OR USE OF THE PRODUCTS OR SERVICES IS ADVERSELY IMPACTED BY PRODUCTS OR SERVICES OF OTHERS, OR USE OF THE PRODUCTS OR SERVICES IN A MANNER OTHER THAN RECOMMENED IN DST DOCUMENTATION. IN NO EVENT SHALL DST OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL. INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS OR SERVICES SOLD OR LICENSED HEREUNDER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Page 3 Port Arthur Legaq Warranty for 1st Year.xls