HomeMy WebLinkAboutB. PAYMENT FOR SECOND YEAR WARRANTY CONTRACT WITH DIGITAL SAFETY TECHNOLOGIES (POLICE)City of Port Arthur, Texas Mayor and City Council Communication Recommendation to authorize payment to Digitak Safety Technologies I ] of i RECOMMENDATION.• The Police Department recommends the City Council authorize a payment to Digital Safety Technologies, Morrisville, NC, in the amount of $6,875.00. BAC%GROUND: The Police Department utilizes digital video cameras in each patrol -unit. Digital Safety Technologies is the vendor for these systems. The payment requested is for the second year of warranty on the fleet. BUDGETARP/FISCAL EFFECT.• Funds for this purchase are being provided from Accourit # 00]-1101-52].42-00. S TA F F I N G/E MP L O YE E E FF E C T. None SUMMARY.• The Police Department recommends the City Council authorize a payment to Digital Safety Technologies, Morrisville, NC, in the amount of $6,875.00. Mark Blanton Chief of Police ~L Q-i ,, ~ ~,z~ Shawna Tubbs Purchasing Manager ~ Crrr MAi~AGER Deborah Echols Finance Director DATE DST QUOTE 6!29/2009 ~~.~ '~;te SALES QUOTE FORM e. ~~ ~~~ ~~;DigitaiS~~ Valid for 30 Days 511 Davis Drive, Suite 300 Technolo ies ~~ z g Morrisville, NC 27560 s1s-s27-soon ~~~ ~ ~ Tax ID: 26-3820794 Quote number: Date: slzsrz6os Ship Information: Bill to: - To: Port Arthur Police Department ' Attn: David Mai 645 4th Streel Port Arthur, TX. 77640 Phone: FAX: Emall: Taxable? NO SelectYM if New Customer NO --. .~ ~:,~ -,~=-rr~"`,-a`." ~.-,.~~-'ef.DIGITAL VIDEOaRECORDER_~~~ :~=.s- ~ ._-_:=; a _ ..~_ ~"~ ,~,~ .~::ix~,: -:QTY ..:PART# ;" DESCRIPTION., - ,~-. ~. _MSRPz ~ -.`:PRICE - ~, Total,."•>- „£~"5~ X335$-0011E . UP~ZLec~y4C~ustomee 2nd,§,yea1,,r~W.~an~'an~ty~Pe~Car F Indudes repam olFreplacement wdha mmimum~of 10 Day $ 300 00 ~$ ~~25 00_Y ~ 6 875}00` ^= - ~ ~ --~rraa ~T.a~~~r.~~~, ~s-~=rte- _ T_u m roundon ~tutASlnclu des phones support must have ` -. ~. .~ k ~ 7, .. - ~' ,~ a r ~ ,~ remotesaccess7ca abild ` ; _ ~ ~ ,;` ' - _ p y_, ~, _ ~~ R ~ - - .y.. _ ~-:, .~ . ~°-` -,:-- ~r>COMMENTS/NOTES .r,:._.. ,. - .::. - - ..:_. Note L ~ nd year warranty would run from July 1, 2010 to November 30,2010 to match up with PD's-budget year. Note 2: , Subtotal: ~ $6,875 - Tax: ' Shipping [MUST ENTER]: $0 Total: $6,875 Quotation by: Phone: Fax: Kelli Worley 919-627-6031 (customer signature) (P.O. #) Page 1 Port Arthur Legacy Warranty for 2nd Year.xls DST QUOTE 6!29!2009 TERMS & CONDITIONS These Terms 8 Conditions apply to your purchase and license of the products and/or services,-inc/tiding any /ntegrian branded products from Digital Safety Technologies, inc. ("OST'~. Warranties: DST Hardware. DST wartanis its hardware against defects in material and workmanship under normal use for a period of hvelve months from the data of shipment. DST hardware covered by this warranty includes the OVR, the components within the DVR and (ntegrian branded equipment sold in connection with the DVR. This warranty extends only to original purchaser. The aztlusive remedy and the entire liability of OST and its suppliers under this warranty will ba the charge of DST or it's service center to replace or repair upon reNm of the equipment to DST or it's authored sarrice center, freight pre-paid. The'blade' or detachable portion of the DVR is designed end manufactured for occasional removal antl reattachment only. Removing the blade on a regular or excessive basis, as the primary method of offloading information from Me DVR may cause damage to parts of the blade and DVR end such damage is not covered by this warranty. Damage to the blade that occurs from negligence w carelessness while Ma blade is not attached to the DVR is not covered by this warranty. DST technical supportmust be contacted prior td the removal of any hardware from any vehicle, and a determination of hardware failure must be matle and a Return Materials AuMOdzation (RIv1A) must be issued pdor to the return of any hardware tp DST for wartanry repair or replacement Certain environmental factors may affect the practical functionality of DST hardware which is not considered cause fw repair under this warranty agreement. Improper mounting of hardware may void this warranty. Please consult DST for an outline of published hardware mounting locations and temperature operating conddions. DST does not aulhodza the mstom'¢ation of k's hardware by the customer. and will void this warranty. pST SOrtware: DST vartantz its software will pertarm substantialy in accordance with the dommentation provked for a period of twelve months from the date of shipment. DST software covered by this warrenry includes the fvmware embedded in the DVR and DST soflwere products on the assocated Quote or Purchase Order. DST does not warrant third-party softy ©re sold, recommended or used in conneCion with DST solMara, intluding without limitation, opereting systems, which are licensed AS-IS, end DST distlaims all liability in connection therewhh. DST may meet Rs warranty obligations herein by providing access to patties. fixes. servim packs and updated versions of its software, including by providing Customer with access to a download link on its website. Customer will provide DST with access to servers on which DSTs sofivare is located so that DST may perform diagnostics, analysis and repair remotely. If Customer refuses to provide remote access to servers where DSTs software is bested. Customer will be charged for on-site repair services required to complete softy are warranty , repairs. DST does not auMorae the mstom¢alion of k's software by the customer, and will void this waranty. Third Party Hardware and Software: DST will pass third party waranties to Me extent allowed by original equipment menufatlurers or third party providers of equipment sold by DST in connection with the safe of DST hardware. However, other Nan DST hardware and DST software, DST does not warani equipment, hardware or equipment sold or recommended by DST or its distributors in mnnectidn with DST equipment, and disclaims all liability in connection therewith. /ntellecrua/ Pranem InMnae nr DST wartants that, for apedod of three years from the date of shipment, the Customefs use of the DST hardware and DST software in connection wkh the DST products and for the purposes and in the manner provided in DSTs user manuah will not violate, and will not cause the Customer to violate, [he terms of the intellecwal property rights of other parties. To the extent that the foregoing warianry is violated. DST may provide anon- infringing workaround providing substantially the same functionality as the odginal and/or obtain for Customer the right to continue using the infringing technology. To the extent that DST is able to provide the foregoing, Mat shall be DST's sole liability under this wertamy: To Me extent the following is not provided within a reasonable lima, Customer may require DST to repurchase Me infringing DST produil at Me original pd<e less 1/3rd of such price for each year since shipment of Me product. DST may meet ifs wartanry obligations to provide a workaround by providing access to patches, !ores, service packs and updates versions of its software do its or a Mint party's website. Non-Wananrv SuopwY 8 Ma/rtrenance• Installadon: Repairs. repkcamenls, customer support end upgrades not specMCally listed above, as well as aztended wartanry peripds, may be available for purchase by Customer es en additional product or service. Please speak with your sales representative for further information. Installation services. it purchased as indicated on Me quote or purchase order, assumes np atypical obsWCtions or difficulties in Me vehicles, computers, ohices, depots and other facilities and equipment on •.vhich the product is to be installed or in obtaining access Mereto by DST and its subcontractors. Additional charges may be required in such cases. Vehicle installations must be performed by a DST certified installer. Payment Tenns: Payment for equipment and software is due net 70 days from shipment to Custorer. Payment for services era due net 30 days from installation or completion of services (except in Me event of prepaid services, such as support & maintenance Agreements or extended warranties, which era due net 30 from inwice). DST reserves Me right to charge a late payment tae on ell outstanding accounts in the amount of Me lesser of: 1.5% per month or the highest arcrount allowable under applicahle law. DST may also mlleil reasonable attorneys' tees and experees inmrted ar awed in connection with collection of past due amounts. Payments from a Customer will be applied first against such fees and expenses, then against accrued interest and Men against outstanding accounts from bngesl outstanding to most rebent, unless DST determines otherwise in its disuetbn. License or Software; Digital Safety Technologies software is licensed and not sold and is subject to Me terms and conditions of DSTs end-user license agreement, which may be fountl aC www.digitalsafetvtech.taco!ndex.php/homepaye/suppoNsoRware-userlicense-agreements, and is incorporated by reference herein. Customer should review Mesa terms end conditions and purchase/license or use of Me product by Customer and/or its personnel or agents indicates agreement to such terms and conditions. Intellectual Prooeny DST and its suppliers retain all rights to intellectual property incorporated into or relating to Me products and services sold or licensed hereunder. The products and services sold or licensed hereunder are not "works for hire" and Customer is claiming no rights wAh regard thereto. Exoon ProlriDDed: Customer represents that k is not purchasing or licensing Me DST products for resale, disfrbution or other hansfer into another country and Mat Customer is aware that any such transfer or exporting of DST products may violate U.S. or foreign import or export laws, for which Customer would be wholty responsible. Suhcon[racrors. DST may engage subcontreilors to peform installation,-support antl other services hereunder. These Terms and Conditions Su d Others' These terms and conditions, along wRh Me products and prices set forth on Me quote or purchase order wiM which these terms end condaions ere attached or associated form Me contract by which Customer u purtl»sing and licensing Me products and services on such quote or purchase order and may not ba vaned or changed wittwut Me express written consent of boM Customer and DST. Customer and DST agree Mat additional payment terms or other conditions which may be included on Customer forms (such as invoices, orders, statements) or wrrespondence, whether prior to, simukaneousty wiM, or following the entering into of the Oupte or Purchase Order, shall not form part of Mis contrail and shall not wnstituta a munteroRer or offer for a new contract which may be accepted by OSTs performance, delivery or reply and shell not be binding w enforceable, unless specifically and expressly agreed to for each such additional term in writing by DST. Governlno Law: Venue Tha parties agree Mat North Carolina Imv, excluding its choice of law or confliclsof-laws provisions, shall apply to the interpretation and enforcement of this Quote or Purchase Order (including these terms end conditions), and Mat Me extlusive jurisdiction for Me filing of litigation relating to or arising out of Mis Quota or Purchase Order (including these terms and conditions) and the perfwmance hereunder, shall be federal or state marts sitting in Waka County, North Carolina, and the parties herein submit to and will no[ contest penonel junsdictbns of such worts. Copyright 02009 Diggal Safety Technologies, Inc. Dowrnent number 150-0005V3 Page 2 Port Arthur Legacy Warranty for 2nd Year.xls DST QUOTE 6/29!2009 DISCLAIMERS AND LIMITATIONS: 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 ANYSUCH 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 OTHERTHAN 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. 4 Page 3 Port Arthur Legacy Warranty for 2ntl Year.xls