HomeMy WebLinkAbout10 - Police Department Mobile Data Computer ReplacementsCITY OF
NEWPORT BEACH
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Cq/F00.�P City Council Staff Report Agenda Item No. 10
April 12, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Jay R. Johnson, Chief of Police
949 - 644 -3701, jjohnson @nbpd.org
PREPARED BY: Jon Lewis, Lieutenant
949 - 644 -3660, jlewis @nbpd.org
John Veale, Computer Systems Manager
949 - 644 -3649, jveale @nbpd.org
APPROVED:
TITLE: Replacement of Mobile Data Computers in Police Patrol Vehicle
Fleet
ABSTRACT:
The replacement of Mobile Data Computers (MDCs) in the Police Department patrol
vehicle fleet by a sole- source vendor.
RECOMMENDATION:
1. Approve a total expenditure of $193,850.35 to replace the MDCs currently
assigned to the Police Department's patrol vehicle fleet.
2. Approve the sole- source purchase of the replacement MDCs from Datalux
Corporation.
3. Approve Budget Amendment 11 BA -_ appropriating $193,850.35 from the Police
Department's Internal Service Fund unappropriated fund balance to the Police
Vehicle Equipment Account, 6150 -9300. This expenditure includes the
equipment ($177,444), all sales taxes ($15,326.35) and shipping and delivery
costs ($1,080).
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $193,850.35 in increased
expenditure appropriations from the Police Department's Internal Service Fund
unappropriated fund balance.
Replacement of Mobile Data Computers in Police Patrol Vehicle Fleet
April 12, 2011
Page 2
DISCUSSION:
The Police Department's patrol vehicle fleet is currently outfitted with MDCs in each
vehicle. These computers are used daily by officers to receive calls for service,
communicate with the Department's Communications Center, track patrol vehicles
throughout the City, map routes to specific addresses, and provide access to a
multitude of law enforcement information databases. The MDCs now in use were
deployed in February 2006 and have experienced heavy use since that time in the
harsh and demanding environment characteristic of line -level patrol operations. The
computer hardware has increasingly experienced failures, such as non - functional touch
screens, periodic cracking of the actual screens, and has required a higher level of
maintenance from the Department's IT staff. The technology incorporated in these
MDCs is antiquated and inadequate for many of the needs and uses of the MDCs. The
applications currently in use on the MDCs have become more complex and require
increased processing speed to support. Further, the warranty life of these systems
expires this month. The Datalux MDCs are capable of several features that are specific
to the Department's needs and have been successfully deployed in the parking control,
crime scene investigation, and animal control vehicle fleet. These features include an
all -in -one unit for mobile computing, with enhanced processing speed and memory,
thermal protection for high heat environments, severe duty hard drive for cold
environments, and a back -up battery system. The Department's IT staff researched
and evaluated comparable products, which considered price, financial stability, history
and success, support, training, and references. Datalux was found to be the only
vendor capable of supplying a solution that met the specific needs of the Department.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Replacement of Mobile Data Computers in Police Patrol Vehicle Fleet
April 12, 2011
Page 3
Submitted by:
JXA. Jo on
Chief of Police
Attachments: A. Purchase Agreement between the City of Newport Beach and
Datalux Corporation
B. Budget Amendment 11 BA-
PURCHASE AGREEMENT
FOR THIRTY -SIX (36) MOBILE DATA COMPUTERS FROM
DATALUX CORPORATION.
This Purchase Agreement (the "Agreement ") is entered into as of this
day of , 2011 ( "Execution Date "), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ( "City "), and DATALUX
CORPORATION, a Virginia corporation ( "Vendor "), whose principal place of business is
155 Aviation Drive, Winchester, Virginia, 22602.
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City wishes to purchase thirty -six (36) new Mobile Data Computers (MDCs) to
replace existing MDCs currently assigned to the Police Department patrol vehicle
fleet of City, as well as upgraded memory capacity, backup batteries and
extended warranties for each MDC (individually "Piece of Equipment" and
collectively the "Equipment ").
C. Vendor is a computer manufacturer that sells its products directly to customers.
D. The principal member of Vendor for purposes of this Agreement shall be Sophie
McCreary, or such other representative of Vendor who may serve as the Account
Manager for the Newport Beach Police Department in the future.
E. City has solicited and received a proposal from Vendor, has evaluated the
expertise and products of Vendor, and desires to submit an order for the
Equipment under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual representations, warranties
and covenants, and other terms and conditions as set forth herein, Vendor and City
(each a "Party" and together the "Parties ") agree as follows:
1. COMPENSATION
Total Compensation for Equipment, including all sales taxes and shipping and
delivery costs, shall not exceed One Hundred Ninety -Three Thousand, Eight
Hundred Fifty Dollars and 35/100 ($193,850.35) ( "Contract Price'), without
prior written authorization. Total Compensation includes One Hundred Seventy -
Seven, Four Hundred Forty -Four Dollars and no /100 ($ 177,444.00) ( "Purchase
Price ") payable to the Vendor for specific items of Equipment, and estimated
shipping costs of One Thousand Eighty Dollars and no /100 ($ 1,080.00)
( "Estimated Shipping Costs ") payable to the Vendor, as set forth in Vendor's
Final Price Quote, attached hereto as Exhibit A and incorporated herein by
reference. City will self- accrue its Use Tax obligation of Fifteen Thousand Three
Hundred Twenty Six Dollars and 35/100 ($15,326.35) to the California State
Board of Equalization under the City's Direct Payment Exemption permit number
SR EAA 24- 089475 DP within thirty (30) days of Equipment delivery to the City.
If only partial delivery of equipment is received, the City will only pay the State
Board of Equalization the amount of Use Tax due on the value of the equipment
delivered.
1�_1 a] � � I I I R] r : x_11 r r • �
This Agreement will be administered by the Newport Beach Police
Department. The Support Services Lieutenant, or his designee, shall be the
Purchase Administrator and shall have the authority to act for City under this
Agreement. The Purchase Administrator or his /her authorized representative
shall represent City in all matters pertaining to the purchase and services to be
rendered pursuant to this Agreement.
3. DELIVERY
Delivery to City of the Equipment shall be made within 60 calendar days from
City issuance of the notice to proceed. Delivery shall be made to the Newport
Beach Police Department, 870 Santa Barbara Drive Newport Beach, CA 92660.
Time of delivery is of the essence in this Agreement. City reserves the right to
refuse any goods and to cancel all or any part of the goods not conforming to
applicable specifications, samples or descriptions. Acceptance of any part of the
order for goods shall not bind City to accept future shipments, nor deprive City of
the right to return goods already accepted at Vendor's expense. Over shipments
and under shipments of goods shall be only as agreed to in writing by City.
Delivery shall not be deemed to be complete until all goods have actually been
received and accepted in writing by the City.
3.1 Vendor shall submit all requests for extensions of time for delivery in
writing to the City Purchase Administrator not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The
Purchase Administrator shall review all such requests and may, at his sole
discretion, grant reasonable time extensions for unforeseeable delays that
are beyond Vendor's control.
4. ACCEPTANCE/ PAYMENT
Unless otherwise agreed to in writing by City, acceptance shall not be deemed
complete unless in writing and until each piece of Equipment has actually been
received, inspected and tested to the satisfaction of City. Payment shall be
made in arrears after satisfactory acceptance.
Page 12
5. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Vendor
to City shall be addressed to City at:
Attn: Support Services Lieutenant
Newport Beach Police Department
City of Newport Beach
870 Santa Barbara Drive
Newport Beach, CA 92660
Phone: 949 - 644 -3660
Fax: 949 - 644 -3693
Email: jlewis @nbpd.org
All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attention: Sophie McCreary, or the Account Manager for the
Newport Beach Police Department
Datalux, Inc.
155 Aviation Drive
Winchester, VA 22602
Phone: (323)461 -3814
Fax: (540)662 -7385
Email: smccreary@datalux.com
6. GOVERNING LAW AND VENUE
This Agreement shall be deemed negotiated and executed in the State of
California and shall be governed by and construed under the laws of the state of
California. In the event of any legal action to enforce or interpret this Agreement,
the sole and exclusive venue shall be the Orange County Superior Court, located
in Orange County, California, and the parties hereto agree to and do hereby
submit to the jurisdiction of such court. Furthermore, the parties specifically
agree to waive any and all rights to request that an action be transferred for trial
to another City.
7. AMENDMENTS
No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties; no oral understanding or agreement
not incorporated herein shall be binding on either of the parties; and no
exceptions, alternatives, substitutes or revisions are valid or binding on City
unless authorized by City in writing.
Page 13
8. ENTIRE AGREEMENT
This Agreement, when accepted by the Vendor either in writing or by the
shipment of any articles, goods, or other commencement of performance
hereunder, contains the entire Agreement between the parties with respect to all
matters herein, and there are no restrictions, promises, warranties, or
undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on City
unless authorized by City in writing. Electronic acceptance of any additional
terms, conditions or supplemental agreements by any City employee or agent,
shall not be valid or binding on City unless accepted in writing by the Purchase
Administrator. The terms of this Agreement shall supersede any inconsistencies
between this Agreement and the Exhibits hereto.
Vendor expressly warrants that the goods covered by this Agreement are: 1) free
of liens or encumbrances; 2) of merchantable quality and good for the ordinary
purposes for which they are used; and 3) fit for the particular purpose for which
they are intended. Acceptance of this order shall constitute an agreement upon
Vendor's part to indemnify, defend and hold City and its indemnities as identified
in paragraph 15 below, harmless from liability, loss, damage and expense. Such
remedies shall be in addition to any other remedies provided by law
Vendor warranty and extended warranty, as applicable, is attached hereto as
part of Exhibit B (Datalux Standard Terms and Conditions and Limited
Warranty), and incorporated in full by this reference to the extent it refers to
warranties provided by Vendor. The Warranty Period shall commence on the
date the Equipment is delivered to the City.
10. ASSIGNMENT OR SUBCONTRACTING
The terms, covenants, and conditions contained herein shall apply to and bind
the heirs, successors, executors, administrators and assigns of the parties.
Furthermore, neither the performance of this Agreement nor any portion thereof
may be assigned or sub - contracted by Vendor without the express written
consent of City. Any attempt by Vendor to assign or subcontract the
performance or any portion thereof of this Agreement without the express written
consent of City shall be invalid and shall constitute a breach of this Agreement.
11. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
Page 14
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof. Cause shall further be
defined as any breach of this Agreement, any misrepresentation or fraud on the
part of the Vendor and /or filing of any petition in U.S. Bankruptcy Court or
entering of Bankruptcy by Vendor.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Vendor. In the event of termination
under this Section, City shall pay Vendor for services satisfactorily performed and
costs incurred up to the effective date of termination for which Vendor has not
been previously paid. On the effective date of termination, Vendor shall deliver
to City all Equipment, reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
12. CONSENT TO BREACH NOT WAIVER
No term or provision of this Agreement shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the
party claimed to have waived or consented to such breach. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not
constitute consent to, waiver of, or excuse for any other different or subsequent
breach.
13. REMEDIES NOT EXCLUSIVE
The remedies for breach set forth in this Agreement are cumulative as to one
another and as to any other provided by law, rather than exclusive; and the
expression of certain remedies in this Agreement does not preclude resort by
either party to any other remedies provided by law.
14. PERFORMANCE
Vendor shall perform any services or work under this Agreement, taking
necessary steps and precautions to perform the work to City's satisfaction.
Vendor shall be responsible for the professional quality, technical assurance,
timely completion and coordination of all documentation and other goods or
services furnished by the Vendor under this Agreement. Vendor shall perform all
work diligently, carefully, and in a good and workman -like manner; shall furnish
all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; shall at its sole expense obtain and maintain all permits and licenses
required by public authorities, including those of City required in its governmental
capacity, in connection with performance of the work; and, if permitted to
subcontract, shall be fully responsible for all work performed by subcontractors.
Page 15
I I?I•]:IWrDlla[ay -111 Z
Vendor shall indemnify, defend and hold harmless City, its elected and appointed
officials, officers and employees and agents ( "City Indemnitees ") from any
claims, demands or liability of any kind or nature, including but not limited to
personal injury or property damage, arising from or related to the services,
products or other performance provided by Vendor pursuant to this contract,
unless such injury is caused by the sole negligence or willful misconduct of the
City or City Indemnitees. If Vendor's negligence combines with the City's active
negligence to cause injury, Vendor and City agree that liability will be apportioned
as determined by a court of competent jurisdiction.
Vendor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Vendor shall not permit any lien or charge to
attach to the goods, but if any does so attach, Vendor shall promptly procure its
release and, in accordance with the requirements of paragraph 15 above,
indemnify, defend, and hold City harmless and be responsible for payment of all
costs, damages, penalties and expenses related to or arising from or related
thereto.
17. CHANGE OF OWNERSHIP
Vendor agrees that if there is a change or transfer in ownership of Vendor's
business prior to completion of this Agreement, the new owners shall be required
under terms of sale or other transfer to assume Vendor's duties and obligations
contained in this Agreement and complete them to the satisfaction of City.
18. FORCE MAJEURE
Vendor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the
performance of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided that
Vendor gives written notice of the cause of the delay to City within 36 hours of
the start of the delay and Vendor avails himself of any available remedies.
19. CONFIDENTIALITY
Vendor agrees to maintain the confidentiality of all City and City - related records
and information pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this
Agreement. All such records and information shall be considered confidential
and kept confidential by Vendor and Vendor's staff, agents and employees.
Page 16
20. COMPLIANCE WITH LAWS
Vendor represents and warrants that services to be provided under this
Agreement shall fully comply, at Vendor's expense, with all standards, laws,
statutes, restrictions, ordinances, requirements, and regulations (collectively
"laws "), including, but not limited to those issued by City in its governmental
capacity and all other laws applicable to the services at the time services are
provided to and accepted by City. Vendor acknowledges that City is relying on
Vendor to ensure such compliance, and pursuant to the requirements of
paragraph 15 above, Vendor agrees that it shall defend, indemnify and hold City
and Indemnified Parties harmless from all liability, damages, costs and expenses
arising from or related to a violation of such laws.
21. FREIGHT (F.O.B. DESTINATION)
Vendor assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Agreement.
22. TERMS AND CONDITIONS
Vendor acknowledges that it has read and agrees to all terms and conditions
included in this Agreement.
23. SEVERABILITY
If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
24. ATTORNEYS FEES
In any action or proceeding to enforce or interpret any provision of this
Agreement, or where any provision hereof is validly asserted as a defense, each
party shall bear its own attorney's fees, costs and expenses.
25. EXECUTION AND COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original Agreement, and all of which shall constitute one Agreement.
These counterparts may be transmitted by facsimile or e-mail with the originals to
be thereafter provided by the Parties. Such facsimiles or e-mail shall be deemed
original signatures.
Page 17
26. SIGNATORIES AUTHORITY
Each and every one of the persons executing this Agreement expressly warrants
that he or she is authorized to do so on behalf of the entity for which he or she is
executing this Agreement. The City and Vendor represent and warrant that this
Agreement is executed voluntarily, with full knowledge of its significance.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yn t 0).h mp, Assistant City ttney
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Michael Henn, Mayor
City of Newport Beach
VENDOR: Datalux Corporation
By: �2�1
(Corporate Officer)
Title: t� 5,( b EN T-
Print Name: �ZoQF R i N .7wYFoRD IRR.
By:
(Fins ialOfficer)
Title:
Print Name: f 111c}le ICyt4l n1 M J ocSj!�—
Attachments: Exhibit A — Final Price Quote
Exhibit B - Datalux Standard Terms and Conditions and Limited
Warranty
Page 18
APU�AWLA N ® ®MW Exhibit A
AWAMMMSPANK
Compact Computer Hardware
1S5 Aviation Drive -Winchester. VA 22602
www.datalux.com
11
Ship To:
Newport Beach Police Department
Attn: John Veale
Newport Beach, CA
Sophie McCreary
Datalux Corporation
155 Aviation Drive, Winchester, VA 22602
0:323- 461 -3814
F: 540 - 662 -7385
E: smccrearvraildalalu
Customer #
SHIP VIA
I FOB
Buyer
Terms
Tax ID
Fed Ex Ground
Origin
Police Department
Net 30
Qty
Item
Description
Ship date
Unit
Total
Price
36
TCU- TX204 -XXX
12.1" LCD Monitor and Integrated Mobile Public
6 -8 weeks
$3,971
$142,956
Safety Data System, Intel@ Core 2 DuoTM 1.6
Ghz Processor, 160GB SATA Removable
ARO
HDD, 1 G DDR2 System Memory,
PCMCIA/Card Bus Slot, Express Card Socket,
Internal 8 ohm Amplified Stereo Speakers,
Two 1/8" Miniphone Jacks, RS232 9 -Pin Mini
DIN Serial Port, 4 USB 2.0 Compliant Ports On-
Board, DVI -1 Digital /Analog Video Output,
10/100/1000 Intel Gigabit RJ -45 Ethernet Port,
PCI Express MinicardSlot (card must be
installed at factory), 1024X768 XGA Resolution
Resistive Dimmable Touchscreen, Internal
Vehicle Power Conditioning, Windows@ 7
Operating System (Please Specify When
Ordering). 3 -year warranty.
36
RAM Upgrade
Upgrade Memory for a total of 4GB
$187
$6,732
36
Internal Li -ion Backup Battery
$171
$6,156
36
382 -073
Extended Warranty for years #4 & #5
$600
$21,600
Isub
$177,444.00
• See Standard Terms and Conditions
• Net 30 terms with approved credit
• Quote Valid for 60 Days.
• This quote does not include tax. Please add if
Newport Beach Police Department 2115111
APO AN®" ® ®®Uff
Compact Computer Hardware
155 Aviation Drive o Winchester, VA 22602
www.datolux.com
applicable.
a 3 year Warranty Standard. o Prepay & Add Shipping. Estimate of $30 per unit.
Newport Beach Po /ice Department 2115111
Ti
u-h
x
W
or edditioml toms, which my be contained N any Purchase older
0malux Camamdwra mrawnw admavdadmmanl ae an
The terns and conditions, warranties, and provisions cermined herein am applicable only to Individuals and
unitise her have purer uW dlredy from Datahn Corpomton. If your Dotabar product woe purchased from
somearro other than Cebobar such ee a distributor or resellodOEM, you should look to that company for the
applicable berms and comers, wavantlos, and other provisions.
1.INSPECfION OF PRODUCT UPON RECEIPT. Product must be committed Immediately upon delivery, and if
any packages are damaged or missing, Buyer must immediately give wMan mtlse to the miner. In the event
that any Product or a portion thereof Is missing or detective. Buyer must noBN Dea la Customer Support within
and of Product, othorwlee the Producer will be doomed to have
ction most also specify the reason(s) why the product Is being
Product Is stated an the Inverse that accompanies No Product
Mom notice or obligation. Unless ohawiee specified In wrifin
include any existing or future bores, Barite, fees, dutioo, at an
I under this agreement. Buyer shall pay any colas, use, exclse
acceptable W the toting auhodges. Prices also do net Include height, Insuranse and other expense that we
the responsibility of Buyer under his Agreament.
3. TEAMS OF PAYMENT. Payment m Dorm" shall be made In the smarmy Invoked (a) In Mmad'mlay
avalbhia lunU (b) by an Irrevocable letter of credit blued or confirmed by a bank approvod by Daledw and
under lama and mndtltons acceptable to Dabolux;(c) on tholr credit lama eaepmbte to Dotal". Letters, of
Credit shall parmfltranw^ hlpmem, Partial shipmanlmd partial payment. Ag collection coma shell be bone by
Buyer. Until payment has boon received by Dotal or satisfactory payment barns agreed to Dmaluz, Buyers
order shall reel be scheduled for production of shipment. and Buyers delay In arranging payment or paymom
terms will delay the shipment data.
A INTEREST. Dsbolux reserver theright 0 charge inmmst an any overdue balance In rasped to Product
supplied by Da1Bha m such rams as may be lured by Detalux from time to ll which shall not In any event
mimed the madmum egovmd by law.
S. TITLE, DELIVERY&TRANSPORTATION. All goods shipped are FOR point ormijin. Rickmlossofell
goods shall pass upon Salllfs derNery of goods to corder. Buyer shell pay all freight, handling• delivery, special
posting and msurmm charges for shipmentof goods. Choke mcanlsr and shipping method and mule shall be
mmectionof Damlux, All ship woos are approximate and Data= shall not be Veto to Buirmfor fallum to ship
Whtn a specified time.
6.00PYRIGHTSANOTRADEMARKS. Delalux Corparegm a the seta and exdumve wooer ofthe name
-Daatux Comorerae Including any abbavlatlons theremand of anyand all Oscar= bademarke and bade
name. own bass and bade Brass appeadng on, alfaed to ordescibed In the Products (comagively ho
Tra tam slam. Buyeracqubm no rights to the Trademarks homun ter.
7.50FIWARE Buyeraoknmviedgee that the Products, may Include Owner or third party smtware products
the'Wogmms'). Buyer saran to comply vdth the lama and conditions of my applicable end -user license
agreements, and 6 all seem hem Programs hove bran proacoded an the Products. Buyaracmplathotamrs
and conmllora of the md•user5xnm egreerreras by turning the system on..
3. GOVERNING LAW AND LANGUAGE. The laws of the State of Wglnla shall govern this Agmumml without
giving effect to the conflict of leas, calm thormI .The United Nations Convention an Carte la for International
Sere at Goods shall not apply to this Agreement in any respect. This Agreement is In the English language only.
vAdm shag be managing In all respeem
9. APPLICABLE FORUM. Any claim action arising hereunder mail be brought poky, and exclusivmy In a mud
of mmpotom)urisdiction haled in the Commonwealth of Vimink. The psNos haratowaive ail abjectlona and
defenses to thaludsdkgm and venue of such muds, inducing but nut limllod to yomm ran corlveNorhs.
COMPLIANCE WITH LAWS AND REGULATIONS. Buyershall at all limes mr,plywith ail
S and regulations of thu Untied Stan and of the Territory. In particular, Buyer agrees to or
s and regulations of the Govammoals of the United Blame and the Terdtsv. and m etumn a
Vansacl business with any person or
Pmducs, Indutling re
Progrm, or any
required, the pennisdon of the U.S.
an applicable regulation an it not to
Iments of Commerce or Treasury as being
for the Produce that a re
dispula or controversy c
the woment of which DI
and
DSS OF ANTICIPATED PROFITS OR ECONOMIC LOSS, EVEN IF THE OTHER PARTY HAS BEEN
3ED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE,
MCEEWEURE. Detain shall not be responslblefor any failure to perform duo to causes beyond He
A, Including and without limitation fines; floods oanhquake; "plosions; accidents; now of pubis enemy,
rebellima; In Uffectlms; sabotage; apldoul quartal resldotbns labor dtsputu; labor shortages;
eludes embamme or return or delays In transportation; inutility to secure raw materials or machinery for
13. GENERAL PROVISIONS. This Agreement may not be assigned by Buyer without the pdorwiltm consent
of Datalm If my provislanaf We Agreement shall be docbrod veld, Invalld, or Illegal, the validity or legally of
any other prevision and of the entire Agreement shell nor be atsclyd thereby. The patios shall negotiate in good
faith to replan any such invalid or illegal pmNelm with a valid and legal substitute proWSim that Is M similar to
No original as posuble. No modiflm8on of this Agreement shall be binding upon the pardw hereto, or either of
them, unless such modificollon shall be In valbR and signed by a duly authorized representative of both paNas.
Thorebotlonshlp balwom Dabdux and Buyerunder this Agreement b that of cellar and buyer. Buyer shell be
doemat at all times to be an Independent contractor and nothing contained herein shall be deemed to mute the
M. WARRANTIES; DISCLAID
alhor condi lions or hrarrardlos
for In-house labor end
or
In
items
W
whichever b longer. Thle varreny period Is not mdonded es a mutt
from us or upgrading your Deblux computer.
g (small and fnx commmlmdan b aanplabla) If them le a defect In
dl wants must be racehved by Derain before expinetlm of the
superseded
This 11m116d warranty has apedfic mxciuelms, as shown In this document under the haading °Whet to NOT
Products carry the bllowlng limited warranty rem, which baahs when the product Is shipped from Da @lux
TRACER alFhona mmpuler, TRACER keyboard and Datolln mounting systems -Three (3) yeam
IPIX alNnam computer symome (purchased after March 1, 2007) -Three (B) yam
PawerPeck amlad lead acid battery systems -One (1) Yaw
VMea0atoSick and Dalobdck Computer Systems- Ono (1) Year
LCD Morgom- Ono (1)You
Spam Savor Keyboards- one(1)Year
Batteries (Internal) for any product - One (1) year for new product; Ninety (80) days for replamrromm.
soils an computer systems (TRACER, IPIX• VldeoOataBdck and DataBdck Computers Includes standard
MI aplbns and upgrade (e.g., memory, hard drives, touch screens, Wallow cards).
`+h rY' -i'r 1:rW,h �i� Yc -a� (�. dP . " -' 'rte r ".+ 'jti -"4.: .I.. . „G •':`!r: ,—:,h. s rr--- �;• .L r•-. • "•.h'�
_ _ _ _ _ -rd..t e _ — _www.dataluxcominlr �' .�- nx -!•' s rrTr;.,
s an extended womanly fax spa
In scats Instances an ®land&
s a the ariohad purchaser that
lulls dull bo new or aeMo
I) days from the data of shlj
sing any additional pads/pn
at promptly angry Daalux it
x workmanship. Written nor
pedod. This wamanry a not
and
ipping casts must be prepaid by the Buyer, mid DatolmcvAg be
customer at the original purtlmse location. Any replacement
zed, and am vramanted forthe remainder of the original warranty or
v Ictever Is larger. This wanenty, period a not unfunded as a result
ham us or upgrading your Dalaax compular.
g (email and fax communication Is acceptable) if them Is a dared In
01 wants must be rocelvad by Damlux before expiration of the
a; shall be the responsibIrdy of the Buyer. Buyer shell not make any miumemetion, gumen a at
'on behalf of Dmalux or LLS Umncors W any thlN party or anuses. This wermnty maybe super
Just prMUComnbaawmrenty.
led -armory has specific ouluslow, as shown In this document under the heading'Wlut is NOT
by the Umhod Wemenyor Umlaa Extended Warranty.'
for extended wanamy purchosesaro daamlined by the sales
alas repmsena5ve. FjMadad wamenly toms must be negotiated prior to
will be covered by the warranty, and the covered product must be
vrarran0es em not offered after the pedml has shipped tram Dmalux.
allowing am specifically excluded and not covered by the Dabdux limited Womanly or Extended WwwV..
Product purchased from anyore other then Daalux or an athorixed Was, reselter.
Sofbwa products other then Nose, which am Beady markod by Datalux
Routine cleaning, or normal cosmos endfor mechanical worn
Damage from misuse, abuse or neglect
Damage from uw oueldo the products usage or storage pommeler
Damage from use of pans not manufactured are sold by DOW=
Damage tram modification or Incorporation into other produce
Damage from repair or mpacemorn of v,arr4madi pan, In,, the, by Omaha,
Damage a m Ices of any programs, data or removable storage media
Damage as a rosuh of Improper Insa0ation
Them party products purchased through or outside of Daalux
Sumo DaWux products include Wheless nolwark client dovfces. These produce are prodded by other
manWocarers and typically adhere to various wireless nohwrk satWams (a.g., IEEE 802.1 Warp) on
documented In the Product specifications. Somm homeless nrbrgrks ub5ltra modifications to these standards
that may requim vandorepeare produces for cmnpa6bBy. Moths ths respons1616ty of tho Buyer Unwary that
the wireless dam will be compabbla with the Buyers vlrolow mbmM and Dealer cannot In anyway
guarantee this compatibility.
. -. ... .•:.Oirt.oEWgrrBnty $e7Vice:..,y r�.,•,�•1,,...'.:.''.':;c'i::> ,:
fiat fail hoer are mmanty period will continue to be saMcad by Oaalat Customer Support an a bad-
Older products will aoamus a be ropolned faros long tie
its are availablo and as long as it ts practically remonablo to perform mpalm,
Before returning any ore- olivarmnry product for repair, contact Galata Customer Support at (888) 811-0605,
80aDATALUX or (840) 662 -1500 for current labor rules and tone and to obtain a Return MateralAUthortiagon
(RMA) number. Dagnoa0c fees and estimated ropoiras s am quoted on an Indhridual basis for each product.
Depending an the drcamrtaaes, rush aervia for a promlum may be available.
For products not purchased directly from Daalux. enact your Dealux mmilor. For authorized International
dstribNOre end seMCO caner, please see the latest thlomadon on Ne Daalux website IfwnY.dealux.mml.
ways to got help should a problem also whh your Oaalux product. Most problems can be
Me Technical Support etcher on our wmbeito, www.dotolux,wm, are by phone. For products
salty from Deform. the custamm to recommended to 16et call their retailer or distributor.
1, TROUBLESHOOTING BY TELEPHONE. Technical problems ham
0605. Our normal laminas hours are tram 690 AM to 5:00 PM Eab
excluding hogdayo. Undarnormal circumstances, Datelux cuotormre
business hours. Voice mail requests made after hour Wit be woven
nod basins day In the time man tram which the request came. The
support.
.UX WEBSRE The Dmalux wabahe provides Information that may
w.datalm.com can be mad for the moat up- lo-daa suMOO conact
un online fan for roweshm RMAa
IOUBLESHOOTiNG BY EMAIL. Technical probiemo can be addressed by smell by brearding your
Non to eupparlitlidaalux.cem. To resolve an RMA number, please sand an Inquiry a mreCp)dafslux.com.
Daalux Customer SaMce vdll make every effort to respond wahin one (1) buslimum, day.
Omoluxwleho , to serve you with the most e0lolent and thorough repair somices.poulble. in ardor to do this wo
Must request that you fellow these few Simple Guidelines wren returning equipment Under vmrranty. for repaU0
when reaming demomeratiomeveluaffon equlpmsm:
shifted from a dlffiributor or feseiledOEM, that sell the company which sold the
Intrusted! through this award party unless special anangemronts have been
he product directly from Daaiux, request an RMA (Return Materials Aulhodmthn)
1) Online RMA request form ,m www.datalw:oom (mcemmandadJ;
2) Fax an RMA request to (660) 723 -0602, using a Daab t, RMA mquoat form evallablo upon request;
3) Eme0 to tmnfaidealux.am Including all flalds listed on the Daalux RMA request roan;
4) Call( 868)81"805 or( 540) 662.1500 for RMA requests If web or not maws Is unevailabla
Information needed for an RMA: model and arfat number, anal Info, ream addroes, problem statement
Irycu e,0 oromall to requealan RMA, an RMAtarm vhllbo taxed oremalled to you. TMtamnshouldbe
completed and aced a (540) 7234602 or smarted to mm ®datao.com.
• Daaax x111 assign an RMA number to your request and provide the RMA number by email or fax, The
RMA number is any good for the wriol numbered Items on Ifla request.
• Keep you RMA raquost copy. YOU wart need the RMA umber to chock the Glarus otyourrepair.
• Me* the oualds of your package with the RMA number. Rotuma without RMA numbers may be subject to
delayed servla. Piesso address each box amordingfy.
DOW= Corporation
Russ_ Box of
155 Avladon Drive
Winchester, VA 22602
Use original ahlDPlng materials, dwignad aPOC OodlY for Daatux pmducls, when
U1010 am not avallaNe. Deform can orovida those far vmu at a reaanaba share
o uawgw aunng umpmenc w max your local anrpperregamag insummcocavemge. Deaut commends
Insuring your shipmenlas Dealers not respo0claa fordamaga of raalved gaodu during shipping.
In order to ensure that your product Is PropertyseMmd and promptly reamed:
• Make certain that the product to Beady Identified with the RMA numberan both the label and packaging.
• Check that the product model and serial number match those on the assigned RMA,
• Do not Include addrional Products with your RMA. Contact Daalux before, returning addklanal products.
able for alder products and such products will be returned to the m mono rwllhcul being
not covered under warmnry x711 be returned after 80 days if quotad repair costs are not
hmm. When equlpmom to columned withaul being repaired, a minimum labor charge to
Npptng may OMI apply.
City of Newport Beach NO. BA- 11BA -040
BUDGET AMENDMENT
2010 -11
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: $193,850.35
PqIncrease in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations in the Police Equipment Internal Service Fund to cover costs of the replacement of
Mobile Data Computers (MDCs) in the Police Department patrol vehicle Fleet.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
615 3605
REVENUE ESTIMATES (3601)
FundIDivision Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Police Equipment Fund - Fund Balance
Description
qq np —
Signed: ...� NA.I�I
Financial Approv 'Adm'inistrative Services
Signed:
Approval: City
Amount
Debit Credit
$193,850.35
Automatic
$193,850.35
Date
Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
6150 PD Equipment Replacement
Account
Number
9300 Equipment, NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
qq np —
Signed: ...� NA.I�I
Financial Approv 'Adm'inistrative Services
Signed:
Approval: City
Amount
Debit Credit
$193,850.35
Automatic
$193,850.35
Date
Date
Signed:
City Council Approval: City Clerk Date