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Home My WebLink AboutD. DIGITAL SAFETY TECHNOLOGIES City of Port Arthur, Texas Mayor and City Council Communication DATE REFERENCE SUBJECT PAGE NUMBER Recommendation to authorize the purchase of 1/31/13 Replacement body microphones for Police 1 of 1 RECOMMENDATION :: The Police Department recommends the City Council authorize the purchase of replacement body microphones from Digital Safety Technologies, Morrisville, NC, in the amount of $5,900.00. BACKGROUND: The Police Department utilizes digital video recorders (DVR) in each patrol unit, which are purchased from Digital Safety Technologies. These systems have been upgraded to a better technology which requires a different body microphone. It is necessary that we purchase the described microphones from Digital Safety Technologies because they manufactured the Digital Video Recorders (DVR) in which these microphones are used. No other microphones would interface or work with the described DVRs. Through normal wear and tear, replacement microphones are needed which with the old system, spares were readily available; however, the Police Department does not have any spares nor are there enough microphones for every officer for the upgraded system. BUDGETARY /FISCAL EFFECT: Funds for this purchase are being provided from Account # 107 - 1118 - 521.92 -00 PS -1101 2011 J.A.G. Grant. STAFFING /EMPLOYEE EFFECT: None SUMMARY :: The Police Department recommends the City Council authorize the purchase of replacement body microphones from Digital Safety Technologies, Morrisville, NC, in the amount of $5,900.00. 0.41440i.,644- i Mark Blanton Deborah Echols Chief of Police Finance Director ./� _ hawna Tubbs Purchasing Manager PREPARED BY: sb DISPOSITION BY COUNCIL PROCESSED BY APPROVE BY 1 1 APPROVE [ JOTHER CITY CITY MANAGER (DESCRIBE) SECRETARY , t_urfri Port Arthur Police Department Lijimi(l Ship /Bill 645 4th ST, Port Arthur, TX, 77641 Purchase / Expenditure Request \\)U Requestor : D Mai (IT Technician) Division: FOD Quantity Item Cost each /Expenditure Total Cost $ $ 25 Digital Safety Wireless Transmitter Kit $ 170.00 $ 4250.00 25 Digital Safety Home Charger kit $ 65.00 $ 1625.00 Quote #SMK01232013 S/H $ 25.00 Reason/Need: Replacing older Wireless Mic no longer support and no battery Replacement. 1 Division Commander Approval • Date: / 2 f 3 . If any item costs more than $300, three quot o responsible bidders must be obtained -nd d- oted below Remember to include shipping costs in your bid tal. Item Digital Safety Technology Wireless Enhance Microphone Vendor #1 Digital safety Technology Quote $ 5900.00 1 Vendor #2 Quote $ Vendor #3 Quote $ Purchase Order # Requisition # Order Date: Ordered By: Order Total: Projected Delivery Date: Approved: ill ' /, / Date: //2 h3 • / Deduct from Account # 107 -1118- 521.92 -00 PS -1101 2011 J.A.G Digital Safety Technologies • SALES QUOTE 3301 Terminal Drive, Suite 119 Digital Safety valid for 30 Days Raleigh, NC 27604 Ak Technologies Tax ID: 26-3820794 • Ship Information: To: Port Arthur, PD Date: 1/23/2013 Attn: Dave Mai Quote Number: SMK01232013 Phone: _ Salesperson: Kelli Worley FAX: Email: r - CLE- • r :-a- - - • y4• ' rt . PART # 1 DESCRIPTION „ 4i w.. - ,.._ ' .ter „ ji .MSRP J PRICE S TOTAL - - • 25 ( ` 701 - 0000065 'EH WIRELESS MIC TRANSMITTER KIT booklet, transmitter, pouch ext Mlc i $230.00 $170.00 $4,250.00 • 25 j 701- 0000068 ; EH WIRELESS MIC HOME CHARGER KIT booklet, power adapter charge cradle $90.00 $65.00 I ;1,625.00 Total Systems: 0 In- Vehicle Price Per System: $0.00 Total In- Vehicle: $5,875.00 Back Office Software: $0.00 Services: $0.00 Miscellaneous: $0.00 In- Vehicle, Back Office, Services, Miscellaneous Subtotal: $5,875.00 Shipping: $25.00 [MUST ENTER] 6.75% Tax: $0.00 Credit Card Fee (3 %): $0.00 Total: $5,900.00 • Quotation by: !Susan Klein Phone: 1919 -719 -0413 Fax: '1- 866 -542 -8690 Customer Signature: Purchase Order Number: vO3OB TERMS & CONDITIONS These Terms 8 Conditions apply to your purchase and license of the products and/or services from Digital Safety Technologies, Inc. ('DST']. Warranties: DST Hardware . DST warrants its hardware against defects in material and workmanship under normal use for a period of twelve months from the date of shipment DST hardware covered by this warranty includes the DVR, the components within the DVR and DST branded equipment sold in connection with the DVR including the LCD monitor (when applicable). This warranty extends only to original purchaser. The exclusive remedy and the entire liability of DST and its suppliers under this warranty will be the charge of DST or it's service center to replace or repair upon return of the equipment to DST or it's authorized service center, freight pre -paid. Removable media such as USB memory or SD card memory devices that may be used in conjunction with the LCD monitor to transfer data are not covered under this warranty. DST technical support must be contacted prior to the removal of any hardware from any vehicle, and a determination of hardware failure must be made and a Return Materials Authorization (RMA) must be issued prior to the retum of any hardware to DST for warranty repair or replacement. Certain environmental factors may affect the practical functionality of DST hardware which is not considered cause for 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 conditions. DST does not authorize the customization of its hardware by the customer, and will void this warranty. DST Software: DST warrants its software will perform substantially in accordance with the documentation provided for a period of twelve months from the date of shipment. DST software covered by this warranty includes the firmware embedded in the DVR and DST software products on the associated Quote or Purchase Order. DST does not warrant third -party software sold, recommended or used in connection with DST software, including without limitation, operating systems, which are licensed AS -IS, and DST disclaims all liability in connection therewith. DST may meet its warranty obligations herein by providing access to patches, fixes, service 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 DST's software is located so that DST may perform diagnostics, analysis and repair remotely. If Customer refuses to provide remote access to servers where DST's software is located. Customer will be charged for on -site repair services required to complete software warranty repairs. DST Third Parry Hardware and Software: DST will pass third party warranties to the extent allowed by original equipment manufacturers or third party providers of equipment sold by DST in connection with the sale of DST hardware. However, other than DST hardware and DST software, DST does not warrant equipment, hardware or equipment sold or recommended by DST or its distributors in connection with DST equipment, and disclaims all liability in connection therewith. Intellectual Property Infringement: DST warrants that, for a period of three years from the date of shipment, the Customer's use of the DST hardware and DST software in connection with the DST products and for the purposes and in the manner provided in DST's user manual, will not violate, and will not cause the Customer to violate, the terms of the intellectual property rights of other parties. To the extent that the foregoing warranty is violated, DST may provide a non - infringing workaround providing substantially the same functionality as the original and /or obtain for Customer the right to continue using the infringing technology. To the extent that DST is able to provide the foregoing, that shall be DST's sole liability under this warranty. To the extent the following is not provided within a reasonable time, Customer may require DST to repurchase the infringing DST product at the original price less 1 of 2 01232013 Quote for Enh Mic Kits - Port Arthur Non - Warranty Support & Maintenance; Installation: Repairs, replacements, customer support and upgrades not specifically listed above, as well as extended warranty periods, may be available for purchase by Customer as an additional pr3duct or service. Please speak with your sales representative for further information. Installation services, if purchased as indicated on the quote or purchase order, assumes no atypical obstructions or difficulties in the vehicles, computers, offices, depots and other facilities and equipment on which the product is to be installed or in obtaining access thereto by DST and its subcontractors. Additional charges may be required in such cases. Vehicle installations must be performed by a DST certified installer. Payment Ter Payment for equipment and 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 or extended warranties, which are due net 30 from invoice). 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 allowable under applicable law. DST may also collect reasonable attorneys' fees and expenses incurred or owed 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 then against outstanding accounts from longest outstanding to most recent, unless DST determines otherwise in its discretion. License of Software: Digital Safety Technologies software is licensed and not sold and is subject to the terms and conditions of DST's end -user license agreement, which may be found at: www. digitalsafetvtech. com/index .php/homepacie /support/software- user - license - agreements, and is incorporated by reference herein. Customer should review these terms and conditions and purchase /license or use of the product by Customer and /or its personnel or agents indicates agreement to such terms and conditions. Intellectual Property: DST and its suppliers 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 not works for hire' and Customer is claiming no rights with regard thereto. Export Prohibited: Customer represents that it is not purchasing or licensing the DST products for resale, distribution or other transfer into another country and that 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 wholly responsible. Subcontractors. DST may engage subcontractors to perform installation, support and other services hereunder. These Terms and Conditions Supersede Others: These terms and conditions, along with the products and prices set forth on the quote or purchase order with which these terns and conditions are attached or associated form the contract by which Customer is purchasing and licensing the products and services on such quote or purchase order and may not be vaned or changed without the express written consent of both Customer and DST. Customer and DST agree that additional payment terms or other conditions which may be included on Customer forms (such as invoices, orders, statements) or correspondence, whether poor to, simultaneously with, or following the entering into of the Quote or Purchase Order, shall not form part of this contract and shall not constitute a counteroffer or offer for a new contract which may be accepted by DST's performance, delivery or reply and shall not be binding or Goveminq Law: Venue: The parties agree that North Carolina law, excluding its choice of law or conflicts -of -laws provisions, shall apply to the interpretation and enforcement of this Quote or Purchase Order (including these terms and conditions), and that the exclusive junsdiction for the filing of litigation relating to or arising out of this Quote or Purchase Order (including these terms and conditions) and the performance hereunder, shall be federal or state courts sitting in Wake County, North Carolina, and the parties herein submit to and will not contest personal jurisdictions of such courts. 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 IF 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) DSTS 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. 2 of 2 01232013 Quote for Enh Mic Kits - Port Arthur