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HomeMy WebLinkAbout2010 10 11 Consent 201 Funding For Police Department Vehicles And Equipment COMMISSION AGENDA Informational ITEM 201 Consent X Public Hearings Regular October 11, 2010 41"----; Meeting M r. / Dept. Authorization REQUEST: The Police Department requests City Commission approval for the expenditure of FY 2010/2011 Budgeted Funds utilizing the following vendors: • Ten police vehicles from Garber Chevrolet via State of Florida Department of Management Services bid number 071 - 000 -10 -1 utilizing $189,661.00 FY 2010/2011 budgeted funds. • Emergency equipment and installation for police vehicles from Dana Safety Supply Inc. via City of Winter Springs bid process, utilizing $37,744.20 FY 2010/2011 budgeted funds. • Ten in car video cameras from Digital -Ally via piggy back existing Houston - Galveston Area Council contract number EF04 -09 utilizing $50,000.00 FY 2010/2011 budgeted funds. SYNOPSIS: These expenditures are budgeted requests in the FY 2010/2011 Police Department budget. Purchase of this equipment is being done using existing City of Winter Springs purchasing guidelines. CONSIDERATIONS: The purchase of these replacement vehicles will continue our replacement vehicle program. The associated equipment and in car camera system will better document police activities and allow CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION MEETING — October 11, 2010 CONSENT AGENDA ITEM 201 PAGE 2 OF 2 us to continue to detect and apprehend violators as well as allow us a greater interface with our current in car laptop computer system. FISCAL IMPACT: The vehicles will be purchased utilizing FY 2010/2011 budget of $189,661.00 through the State of Florida Contract Quote 071000 -10 -1. The emergency equipment will be purchased utilizing FY 2010/2011 budget of $37,744.20 using the City of Winter Springs bid process. Two other bids quote, one at $42,128.10 from Equiptec in Apopka, FL and the second at $44,020.00 from Garber Chevrolet. The cameras will be purchased utilizing FY 2010/2011 budget of $50,000.00 via existing Houston - Galveston Area Council contract number EF04 -09. COMMUNICATION EFFORTS: Post the agenda prior to the meeting at various locations throughout the city. RECOMMENDATIONS: The City Commission to approve the expenditure and utilizing Garber Chevrolet for the purchase of ten police vehicles utilizing $189,661.00 from FY 2010/2011 budget. The City Commission to approve the expenditure and utilizing Dana Safety Supply Inc. for the purchase and install of emergency equipment for ten police vehicles utilizing $37,744.20 from FY 2010/2011 budget. The City Commission to approve the expenditure and utilizing Digital -Ally for the purchase of ten in car cameras utilizing $50,000.00 from FY 2010/2011 budget. ATTACHMENTS: Quote from Garber Fleet Sales, using Florida State Contract pricing number 071 - 000 -10 -1 for police vehicle. Quote from Equiptec, Garber Chevrolet and Dana Supply for emergency equipment. Quote from Digital -Ally for in car cameras. Houston - Galveston Contract. 1:::::::: .--- -- C:: i t Commodity Code 071 -111: } }: 'r +wr Line Number LINE 1 GARBER Unit Description IMPALA .rte ' ; 5, y _' 1� i V umc ....1:4;=2. Jeep / 41230 ,„:t MERCURY uuicrz 1 O"" Prepared for 1'rcparrd I, y Winter Springs GARBER AUTOMALL Mike Noland RICHARD TACKETT 904 - 264 -8588 x 1137 mnoland@winterspringsfl.org FAX: 800 - 766 -7027 9/23/10 richard. tackett(cilgarberfleetsales. com WWW. GARBERFL EETSALES. COM I appreciate your interest and the opportunity to quote. Prices are published by the State of Florida Department of Management Services. (www.myfloridamarketplace.com) Purchasing contract number expiring October 31st, 2010 is 071- 000-10-1. If you have any questions regarding this quote please call! I \VSI') Base Price 2(11I ( III: A'Rol. 1_ "1 INll'AI \ I'OI.I('1. NIAARKI.I) II)k SI)N $ 18,745.00 Standard 1 quipincnt Included: PRICE OPTION 4 DOOR SEDAN INCLUDED 9C1 POLICE INTERCEPTOR MARKED INCLUDED $96 RAINVENTS FRONT AND SIDE CURTAIN AIR BAGS INCLUDED $396 PUSH BUMPER 6CY ENGINE , AUTOMATIC TRANSMISSION INCLUDED $146 ANTITHEFT:TREMCO POWER WINDOWS, LOCKS INCLUDED $126 HEADLIGHTFLASHER CD RADIO INCLUDED $85 DOME LIGHT AC INCLUDED $46 3 HOLE DC OUTLET REMOTE KEYLESS ENTRY INCLUDED FIXED REAR BENCH SEAT IN VINYL INCLUDED REMOTE TRUNK RELEASE INCLUDED FRONT BUCKET SEATING 6 WAY POWER DRIVER, PASS INCLUDED POWER SIDE VIEW MIRRORS INCLUDED DELIVERY INCLUDED EXTERIOR COLORS O ptional 1:yuipnirnt ;Ad(lc,I (0 NI NISrp HI NI 1)i..c 50U WHITE I Lou 17U SILVER ICE 0 $ - 37U IMPERIAL BLUE ua6 ALARM 295 ($120.95) $ 174.05 41U BLACK 6A6 VINYL FLOORING 90 ($36.90) $ 53.10 51U GOLD MIST N81 FULL SIZE SPARE 170 ($69.70) $ 100.30 57U CYBER GRAY NSAV NIGHTSAVER DOME LIGHT 0 $0.00 $ 96.00 74U VICTORY RED 7x6 SPOT LIGHT 285 ($116.85) $ 168.15 Whelen Liberty Bar Blue /Blue with 295s1sa6 0 $ 1,650.00 Whelen Siren , speaker and bracket 0 INCLUDED Havis Console w /Cup, 3xDC, Armrest 0 $ 467.00 Havis universal Laptop stand, cradle 0 $ 376.00 Progard Cage 0 $ 536.00 Headlight Flashers 0 $ 126.00 Go Rhino Push Bumper $ 396.00 Rear Door Blanks and Window Bars $ 425.00 Progard Prisoner Seat $ 426.00 TOTAL PURCHASE AMOUNT PER VEHICLE $ 23,738.60 9/23/102:00 PM State QUOTE TEMPLATE.xlsx SALES QUOTE DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Sales Order No. 68928 Customer No. WINTERSP Telephone: 800 - 845 -0045 Rill Tn: 1 1 Ship To: WINTER SPRINGS POLICE DEPARTMENT DANA SAFETY SUPPLY 300 NORTH MOSS ROAD ATT: INSTALLS ATT: JOE BOUDREAU 4747 SAN JUAN AVE WINTER SPRINGS, FL 32708 JACKSONVILLE, FL 32210 Contact: JOE BOUDREAU Contact: INSTALLS Ship Via F _ nR . Terms Salesperson UPS GROUND OR TRUCK PPAY & ADD TO Net 30 JJ ETHERIDGE JACKSONVILLE Order ns Ordered By Ciis*oroer Phone # PO # Bessie # 10/05/10 JOE BOUDREAU 407 - 327 -7966 Order Back Order Tax Item Number Unit Extended Ouantitv Ouantitv Description Price Price 1 1 Y SX8BBBBPC 1,029.3800 1,029.38 WEC LIBERTY SX LED PREMIUM LIGHTBAR 48.5 B/B CLEAR LE Warehouse: JACK 1 1 Y MKEZ70 U of M: KIT 0.0000 0.00 WEC MOUNTING KIT FOR 2006+ IMPALA Warehouse: JACK 1 1 Y 295SLSA6 U of M: EACH 237.4200 237.42 WEC 100/200W SCAN -LOCK SIREN W/9 SWITCH LIGHT CONTROL Warehouse: JACK 100 WATT OUTPUT WITH 1 -100 WATT SPEAKER OR 200 WATT OUTPUT WITH 2 -100 WATT SPEAKERS. SIREN INCLUDES PARK KILL. & TIMED -OUT FEATURES AND 17 SELECTABLE SCAN -LOCK SIREN TONES. ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Print Date 10/05/10 Print Time 10:08:18 PM Page # 1 Printed By: JJ ETHERIDGE Continued on Next Page. SALES QUOTE DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Sales Order No. 68928 Customer No. WINTERSP Telephone: 800 - 845 -0045 Rill Tn: 1 1 Ship To: WINTER SPRINGS POLICE DEPARTMENT DANA SAFETY SUPPLY 300 NORTH MOSS ROAD ATT: INSTALLS ATT: JOE BOUDREAU 4747 SAN JUAN AVE WINTER SPRINGS, FL 32708 JACKSONVILLE, FL 32210 Contact: JOE BOUDREAU Contact: INSTALLS Ship Via RO R. Terms Salocpersnn UPS GROUND OR TRUCK PPAY & ADD TO Net 30 JJ ETHERIDGE JACKSONVILLE Order Dci +e Ordered By Cueton1er Phone # PO # Beeale # 10/05/10 JOE BOUDREAU 407 - 327 -7966 Order Back Order Item Number Unit Extended Quantity Quantity Description Price Price 1 1 Y SA315P U of M: EACH 99.0000 99.00 WEC 100W COMPACT BLACK COMPOSITE 122dB SPEAKER Warehouse: JACK mow SPEAKER ONLY - -- BRACKETS SOLD SEPERATELY **************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 1 Y SAK21 U of M: EACH 0.0000 0.00 WEC USE SAK34 INSTEAD FOR SAK2 1 Warehouse: JACK 1 1 Y SSFPOSI6 U of M: KIT 32.7100 32.71 WEC HEADLIGHT, TAILLIGHT FLASHER 2006+ P /PKG IMPALA Warehouse: JACK E -Z INSTALL PLUG -IN FOR 2006+ P /PKG IMPALA ******************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 4 4 Y LINZ6B U of M: EACH 57.9300 231.72 WEC LINZ6 LED HORIZ SYNC BLUE Warehouse: JACK Print Date 10/05/10 Print Time 10:08:18 PM Page # 2 Printed By: JJ ETHERIDGE Continued on Next Page. SALES QUOTE DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Sales Order No. 68928 Customer No. WINTERSP Telephone: 800 - 845 - 0045 Rill Tn: 1 ( Ship To WINTER SPRINGS POLICE DEPARTMENT DANA SAFETY SUPPLY 300 NORTH MOSS ROAD ATT: INSTALLS ATT: JOE BOUDREAU 4747 SAN JUAN AVE WINTER SPRINGS, FL 32708 JACKSONVILLE, FL 32210 Contact: JOE BOUDREAU Contact: INSTALLS Ship Via F_(LR_ Terms Salesperson UPS GROUND OR TRUCK PPAY & ADD TO Net 30 JJ ETHERIDGE JACKSONVILLE Order Date Ordered By Cuwtoroer Phone # PO # R'snie # 10/05/10 JOE BOUDREAU 407 - 327 - 7966 Order Back Order Item Number Unit Extended Ouantitv Ouantitv Description Price Price 1 1 Y RBKT6 U of M: EACH 10.4300 10.43 WEC TIR3 HORIZONTAL MOUNT LICENSE PLATE BRACKET Warehouse: JACK 1 1 Y PB400 U of M: EACH 148.8500 148.85 SMC PB400 ALUMINUM PUSHBUMPER Warehouse: JACK 2011 CHEVY IMPALA 1 1 Y C- TCB -36 U of M: EACH 104.4000 104.40 HAV TELESCOPING COMPUTER BASE, IMAPLA Warehouse: JACK 1 1 Y C- 3090 -3 U of M: EACH 121.2200 121.22 HAV LAPTOP MOUNT W/ TILT & SWIVEL - LOW MOUNT Warehouse: JACK 1 1 Y C -1400 -IMP U of M: EACH 124.7000 124.70 HAV 14 CONSOLE FOR IMPALA INCLUDES 3 EQUIPMENT BRKTS Print Date 10/05/10 Print Time 10:08:18 PM Page # 3 Printed By: JJ ETHERIDGE Continued on Next Page. SALES QUOTE DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Sales Order No. 68928 Customer No. WINTERSP Telephone: 800 - 845 -0045 Rill Tn_ 1 Ship To WINTER SPRINGS POLICE DEPARTMENT DANA SAFETY SUPPLY 300 NORTH MOSS ROAD ATT: INSTALLS ATT: JOE BOUDREAU 4747 SAN JUAN AVE WINTER SPRINGS, FL 32708 JACKSONVILLE, FL 32210 Contact: JOE BOUDREAU Contact: INSTALLS Ship Via F_n-R_ Terms Salesperson UPS GROUND OR TRUCK PPAY & ADD TO Net 30 JJ ETHERIDGE JACKSONVILLE Order Dit*e Ordered By Customer Phone # PO # Beca # 10/05/10 JOE BOUDREAU 407 - 327 -7966 Order Back Order Tax Item Number Unit Extended Quantity Quantity Description Price Price Warehouse: JACK YEAR - NOTE: IF YEAR IS 2006 +: (A) INCLUDE 2 EA C -BI -IMP BRACKETS FOR MOUNTING TO C -TM -IMP -1 TRAK MOUNT BASE; OR (B) INCLUDE THE CORRECT BRACKETS TO MOUNT THE BOX DIRECTLY TO THE VEHICLE'S DRIVETRAIN TUNNEL /FLOOR I) I) 1) AND WHATEVER FILLER PLATES NECESSARY TO COMPLETE THE INSTALLATION - -- THANKS *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 I Y C -TMW- IMP -01 U of M: EACH 73.6600 73.66 HAV TRAK MNT BASE IMPALA Warehouse: JACK 1 1 Y C -CB -2 U of M: EACH 101.5000 101.50 HAV COMBO BOX W /PADDED ARMREST TOP & NO 12V OUTLETS Warehouse: JACK Print Date 10/05/10 Print Time 10:08:18 PM Page # 4 Printed By: JJ ETHERIDGE Continued on Next Page. SALES QUOTE DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Sales Order No. 68928 Customer No. WINTERSP Telephone: 800 -845 -0045 Rill Tn_ 1 1 Ship Tn: WINTER SPRINGS POLICE DEPARTMENT DANA SAFETY SUPPLY 300 NORTH MOSS ROAD ATT: INSTALLS ATT: JOE BOUDREAU 4747 SAN JUAN AVE WINTER SPRINGS, FL 32708 JACKSONVILLE, FL 32210 Contact: JOE BOUDREAU Contact: INSTALLS Ship Via FAIR_ Termr Salesperson UPS GROUND OR TRUCK PPAY & ADD TO Net 30 JJ ETHERIDGE JACKSONVILLE Order Dote Ordered By Customer Pbone PO # Besale # 10/05/10 JOE BOUDREAU 407 - 327 -7966 Order Back Order Item Numher Unit Extended Quantity Quantity Description Price Price 1 1 Y C- CUP2 -E -C U of M: KIT 21.4600 21.46 HAV DUAL EXTERNAL CUP HOLDER C- SERIES Warehouse: JACK 1 1 Y C -LP -3 U of M: EACH 25.5200 25.52 HAV 2 PLATE W/ THREE 12VDC LIGHTER OUTLETS Warehouse: JACK 1 1 Y P5204106A U of M: EACH 379.6000 379.60 PG 5200 SERIES CENTER SLIDING PART(W /SCA) 06+ IMPALA Warehouse: JACK 1 1 Y WB52NP106 U of M: EACH 132.6000 132.60 PG 06 IMPALA WINDOW GUARDS W/ OEM DOOR PANELS Warehouse: JACK 1 1 Y S52106 U of M: EACH 282.7500 282.75 PG 06 -07 IMPALA REAR REPLACEMENT SEAT Warehouse: JACK Print Date 10/05/10 Print Time 10:08:18 PM Page # 5 Printed By: JJ ETHERIDGE Continued on Next Page. SALES QUOTE DANA SAFETY SUPPLY, INC 5221 W. MARKET ST GREENSBORO, NC 27409 Sales Order No. 68928 Customer No. WINTERSP Telephone: 800 - 845 -0045 Rill TA! Ship Tn: WINTER SPRINGS POLICE DEPARTMENT DANA SAFETY SUPPLY 300 NORTH MOSS ROAD ATT: INSTALLS ATT: JOE BOUDREAU 4747 SAN JUAN AVE WINTER SPRINGS, FL 32708 JACKSONVILLE, FL 32210 Contact: JOE BOUDREAU Contact: INSTALLS Ship Via F_O_R_ Term: Salesperson UPS GROUND OR TRUCK PPAY & ADD TO Net 30 JJ ETHERIDGE JACKSONVILLE Order Date Ordered By Customer Phone # PO # Resale # 10/05/10 JOE BOUDREAU 407 - 327 - 7966 Order Back Order Tax Item Number Unit Extended Quantity Ouantitv Description Price Price 1 1 Y INSTALL U of M: EACH 617.5000 617.50 DANA INSTALLATION OF VEHICLE EQUIPMENT Warehouse: JACK 9.5 HOURS TOTAL LABOR AT $65.00 PER HOUR, INCLUDES ALL SHOP SUPPLIES. 5 YEAR WARRANTY ON INSTALL, WILL COORDINATE DELIVERY OF VEHICLES WITH CUSTOMER FREIGHT NOT INCLUDED. FREIGHT QUOTES CAN BE GIVEN WHEN EXACT QUANTITES ARE KNOWN, Print Date 10/05/10 Amount Shipped 0.00 Subtotal 3,774.42 Print Time 10:08:18 PM Freight 0.00 Page # 6 Amount B.O. 3,774.42 Printed By: JJ ETHERIDGE Total 3,774.42 Equiptec Corporation QUOTATION 1910 South Orange Blossom Trail Date QUOTATION# Apopka, FL 32703 Phone: 407 - 880 -2769 Fax: 407 -880 -1209 9/28/2010 1537 Web Site: www.equipteccorp.com FL MV Registration 4 MV54938 Customer Name / Address Ship To City of Winter Springs City of Winter Springs Accounts Payable Police Department 1126 East State Road 434 1126 East State Road 434 Winter Springs, FL 32708 Winter Springs, FL 32708 Customer Contact Customer Phone Customer Fax Terms Yr /Make /Model Rep Mike Noland 407 - 327 - 7966 Net/30 Mike Qty Item Description Price Total WHELEN: 1 SX8BBBB Whelen Liberty 48" Lightbar Blue with LR11 LED Take Down and Alley 1,083.00 1,083.00T Lights 1 295SLSA6 Whelen 295SLSA6 Combination Siren/Light Controller 248.82 248.82T 1 SA315P Whelen 100 Watt Siren Speaker 98.58 98.58T 1 SAK21 Whelen Impala Siren Speaker Bracket 0.00 0.00T 1 SSFPOSI6 Whelen Headlight & Tail Light Flasher for Chevy Impala Police Pkg 42.90 42.90T 4 LINZ6B Whelen LINZ6 LED Horizontal Synch Blue (1) each side of Push Bar (2) on 60.985 243.94T License Plate Bracket 1 RBKT6 Whelen Horizontal License Plate Bracket 12.54 12.54T 1 PB400AIMP Aluminum Impala Push Bar 2006 -up 177.13 177.13T 1 C- TCB -36 Havis Computer Mount Base for 06 -09 Impala 129.60 129.60T 1 C -TMW- IMP -01 Havis Mounting base, Trak mount, 8" Wide, 30" Extrusion, With vehicle 91.44 91.44T mount, Impala 06 -10 1 C- 1400 -IMP Havis 14" Console for Impala 154.80 154.80T 1 C- 3090 -3 Havis Device Mount, Universal laptop mount, Mounts universally, Tilt /swivel, 150.48 150.48T 2.5" High 1 C -CB -2 Havis Arm Rest Storage Box 126.00 126.00T 1 C- CUP- 2 -E -TM Havis TM External Cup Holder 22.32 22.32T 1 C -LP -3 Havis 12V Lighter Plug Style Socket for mounting in console, 2" Plate with 3 31.68 31.68T sockets. NOTE: Radio is a MCS 2000 Subtotal Sales Tax (0.0 %) Total All quotations are good for 90 Days unless otherwise Warranty Information indicated The warranty for equipment, parts and labor installed or supplied by Equiptec Corporation shall be as indicated in the specific applicable warranty statement provided Page 1 Equiptec Corporation QUOTATION 1910 South Orange Blossom Trail Date QUOTATION# Apopka, FL 32703 Phone: 407 - 880 -2769 Fax: 407 - 880 -1209 9/28/2010 1537 Web Site: www.equipteccorp.com FL MV Registration 4 MV54938 Customer Name / Address Ship To City of Winter Springs City of Winter Springs Accounts Payable Police Department 1126 East State Road 434 1126 East State Road 434 Winter Springs, FL 32708 Winter Springs, FL 32708 Customer Contact Customer Phone Customer Fax Terms Yr /Make /Model Rep Mike Noland 407 - 327 -7966 Net/30 Mike Qty Item Description Price Total 1 P5204I06A Pro -gard Standard Partition for Chevy Impala with Side Air Compatibility 400.40 400.40T 1 WB52106 Pro -gard Set of Steel Window Barriers for Chevy Impala 146.88 146.88T I S52106 ABS Rear Transport Seat for 06 +Up Chevy Impala 339.30 339.30T 1 ECVDMLTIMP Sound Off LED Dome Light/Impala 28.00 28.00T 1 Install Kit Installation Kit (mist wire, wire connectors, wire loom, fuses, fuse holders, 35.00 35.00T etc.) 1 Labor Installation of Equipment 650.00 650.00T Subtotal $4,212.81 Sales Tax (0.0 %) $0.0o Total $4,212.81 All quotations are good for 90 Days unless otherwise Warranty Information indicated The warranty for equipment, parts and labor installed or supplied by Equiptec Corporation shall be as indicated in the specific applicable warranty statement provided Page 2 p . • 41111111a. egg , /MOM • • � ■ � Order OR D00013090 NEM WWW ■ 1o1011oio10110100100101010011o1 Date = _ . 9/10/2010 u• ill MIMI 11 ' 5:P�r Digital u a A t 1 y ie■ P age 1 7311 W 130th Street End User: Suite 170 Winter Springs Police Department Overland Park KS 66213 JW Battle 300 N Moss Road Winter Springs, FL 32708 Bill To: Ship To: Winter Springs Police Department Winter Springs Police Department Accounts Payable Department JW Battle 1126 E State Road 434 300 N Moss Road Winter Springs, FL 32708 Winter Springs, FL 32708 Purchase Order No Customer ID ' Salesperson : Shipping Method payment Terms .. R ship Date Master No . 00103018 -00 WINFL3 Troy McCoy UPS GROUND Net 30 8/22/2010 Ordered Shipped B/O Item Number Description Discount Price Ext. Prke 6 0 0 001 - 0550 -10 DVM500 Plus Assembly DAI Radio V2 $0.00 $4,416.66 $26,499.96 6 0 0 002 -0009 Fuse Kit, In -Line $0.00 $0.00 $0.00 6 0 0 002 - 0110 -1 WTM ASSEMBLY $0.00 $500.00 $3,000.00 6 0 0 004 -0022 Antenna, 2.4GHz $0.00 $0.00 $0.00 6 0 0 004 - 09054 -00 Mag Mount With 17' RG -58 With RPSMA Male $0.00 $0.00 $0.00 Installed 6 0 0 008 -0046 Cable, WTM Power Cable $0.00 $0.00 $0.00 6 0 0 008 -0049 WTM Cable Kit $0.00 $0.00 $0.00 6 0 0 200 - 04003 -00 4 GB Compact Flash Card $0.00 $0.00 $0.00 Thank you for your business! Subtotal $29,499.96 Misc $0.00 Tax $0.00 Freight $180.00 Trade Discount $0.00 Total $29,679.96 Law Enforcement Speed Detection & Video Equipment Paste 1 of 4 A CONTRACT BETWEEN HOUSTON- GALVESTON AREA COUNCIL Houston, Texas AND Digital Ally, Inc. Overland Park, Kansas This Contract is made and entered into by the Houston - Galveston Area Council of Governments, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Digital Ally, Inc. hereinafter referred to as the CONTRACTOR, having its principal place of business at 7311 W. 130 Street, Suite 170, Overland Park, Kansas 66213 ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Law Enforcement Speed Detection & Video Equipment Contract to become effective as of April 1, 2009, and to continue through March 31, 2011 (the "Contract "), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC. H -GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of Law Enforcement Speed Detection & Video Equipment offered by the CONTRACTOR.. The CONTRACTOR agrees to sell Law Enforcement Speed Detection & Video Equipment through the H -GAC Contract to END USERS, ARTICLE 2: THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form, including but not limited to, Attachment A 2. General Terms and Conditions 3. Bid Specifications No: EF04 -09, including any relevant suffixes 4. CONTRACTOR's Response to Bid No: EF04 -09, including but not limited to, prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H -GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the term of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H -GAC or CONTRACTOR. No provision of this Contract or act of H -GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H -GAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H -GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term of the H -GAC Contract. However this acknowledgement is not to be construed as H -GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H -GAC contract. Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable H -GAC order processing charges will be due and payable to H -GAC on any End User Agreements surviving termination of this Contract between H -GAC and CONTRACTOR . H:ICONTRACTSILaw Enforcement Speed Detection & Video Equipment %Digital Ally, inc. \EPO4 -09.3 Law Enforcement Speed Detection & Video Equipment Paee 2 of 4 ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written notice to H -GAC. H -GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H -GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USER under this Contract. H-GAC, through its staff or its designated public accounting firm, the State of Texas, or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records may be cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agrees that H -GAC'S duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment under the subcontract or until all audit findings have been resolved, have access to, and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H GAC in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR, at any time during this Contract , routinely enters into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H -GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H -GAC, CONTRACTOR shall notify H -GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide the same prices, warranties, benefits, or terms to H -GAC and its END USER. H -GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10) business days notify H -GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H -GAC, after due consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H -GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H -GAC. The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, or contractor, which are not within bidder's control (example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement, shall be decided by the Executive Director of 11-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, CONTRACTOR requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H GAC'S final decision. H: \CONTRACTS11aw Enforcement Speed Detection & Video Equipment \Digital Ally, Inc.1EF04 -09.3 Law Enforcement Speed Detection & Video Equipment Page 3 of 4 ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR's total liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC described in Article 14, is limited to the price of the particular products /services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H -GAC , its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Contract. ARTICLE 14: LIMIT OF H -GAC'S LIABILITY AND INDEMNIFICATION OF H -GAC H -GAC's liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H -GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H -GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H -GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE H -GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract; provided that H -GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then H -GAC may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H -GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H -GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfactory to END USER. CONTRACTOR shall pay to H -GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H -GAC, the State of Texas, and the acts and regulations of any funding entity. CONTRACTOR agrees to notify H -GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity. ARTICLE 18: GOVERNING LAW & VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County, Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H -GAC of such disputes. ARTICLE 19: PAYMENT OF H -GAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including, but not limited to, the payment of the applicable H -GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR, H -GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10) business days after receipt of payment, whichever is less, pay H -GAC the full amount of the applicable order processing charge, whether or not CONTRACTOR has received an invoice from H -GAC. For sales made by CONTRACTOR based on this contract, including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H -GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H -GAC's Cooperative Purchasing Program to execute an H -GAC Interlocal Contract. H -GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H -GAC's order processing charge. In no event shall H -GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. H: \CONTRACTS1Law Enforcement Speed Detection & Video Equipment \Digital Ally, Inc.\EF04 -09.3 Law Enforcement Speed Detection & Video Equipment Pate 4 of 4 ARTICLE 20: LIQUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS Except as described below for fire apparatus, CONTRACTOR agrees to provide a Performance Bond at the request of END USER within ten (10) days of receipt of END USER's purchase order. It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten (10) days of receipt of END USER's order may constitute a total breach of contract and shall be cause for cancellation of the order at END USER's sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER's sole discretion. If the bond requirement is waived, END USER shall be entitled to a price reduction commensurate with the cost that would have been incurred by CONTRACTOR for the bond. ARTICLE 22: CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H -GAC, in writing, of ANY change in ownership, control, dealership /franchisee status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. H -GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REOUIRED BY TEXAS MOTOR VEHICLE BOARD IIFAPPLICABLE) CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Contract period, any CONTRACTOR'S license is not renewed, or is denied or revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H -GAC upon request. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Houston - Galveston Area Council, Houston, Texas: Jack Steeie, Executive Director Attest for Houston - Galveston Area Council, Houston, Texas: Deidre Vick, Director of Public Services Date: _ 20� dg Signed for Digital Ally, Inc. �- Overland Park, Kansas. g t--5 Printed Name & Title: s€"Af) 0:32A-N Date: -3 ' 20 f Attest for Digital Ally, Inc. 17 ` ^ _ . - Overland Park, Kansas: �,C� \` \ \\IN 1 U 1 IIJU11 1 , 11 4 ,..7 . 0 " M O o Printed Name & Title: `R t ., - Sc let C Mo,.le�Iri NOTARY 2� Date: 3- to , 20 O`k PUBLIC HfCONTRACTS\Law Enforcement Speed Detection & Video Equipment \Digital Ally, Inc.\EF04 -04.3 Attachment A Digital Ally, Inc. Law Enforcement Speed Detection & Video Equipment Contract No. EF04 -09 Product Base Bid Code Description Price BEO1 DVM -500 + A complete digital in -car video sysem integrated into a rear view mirror & easily installed in any brand, make or model of vehicle. Built -in ultra bright, sunlight - readable 3.5 -inch Color TFT Monitor, covert back seat infrared camera, internal mic, speaker and GPS with "mark" button, electronic locking door with key code access, internal backup battery that provides up to 30 minutes of continuous operation in case of unexpected power loss. Ultra compact color camera with 120X Digital Zoom and special low light night $4,230.00 mode and near focus mode. 900 MHz Audio Transciever with auto activation /deactivation and automatically syncing. 60 Seconds Pre -event record. Records up to 16 hours on CF Flash Card. Light, sirens and other triggers for record activation. Radar interface, crash sensor, speedometer speed sensor. User friendly software for easy playback, file management and archiving to DVD's CD -Roms or hard drives. BE02 DVM -750 - A complete digital in -car video sysem integrated into a rear view mirror & easily installed in any brand, make or model of vehicle. Built -in ultra bright, sunlight- readable 3.5 -inch Color TFT Monitor, covert back seat infrared camera, internal mic, speaker and GPS with "mark" button, electronic locking door with key code access, internal backup battery. Ultra compact color camera with 120X Digital Zoom and special low light night mode and near focus mode for reading driver's lisence. 60 Seconds Pre -event record & the ability to connect up to three cameras and record from two cameras plus three audio channels simultaneously. New VoiceVaultTM Advanced Wireless Microphone with On -Board Memory that can record audio evidence even when the officer is beyond the range of the in -car recording device, transmission range of up to one $4525.00 mile, bi- directional communication, GPS with "mark" feature, memo function to record audible notes, full digital audio transmission, true frequency hopping technology, embedded date /time and GPS coordinates, vibrating covert signals and button press confirmation, and an emergency call feature that will send a "help" message and GPS coordinates back to the vehicle. Records up to 32 hours on CF Flash Card. Light, sirens and other triggers for record activation. Radar interface, crash sensor, speedometer speed sensor. User friendly software for easy playback, file management and archiving to DVD's CD -Rows or hard drives. BE03 FirstV&'M - a compact, solid state professional, wearable digital audio and video recorder that can be attached to a law enforcement officer's uniform. It has many of the features of the DVM series of In -Car Video Systems, without being "tethered" to the police cruiser or other vehicle. Key features include easy -to- use four -button operation with vibrating notifications, infrared illumination, a $795.00 lithium polymer battery for up to five hours of recording, pre -event recording capabilities, DI high - resolution video (720x480) that records to reliable solid state memory, an integrated GPS with "mark" feature, and both LED and covert modes of activation. BE04 DVF- 500 -A complete Digital Video System integrated into a Law Enforcement style flashlight. A portable Digital video /audio recording device that is completely portable and capture evidence exactly where it is. Evidence in the palm of your hand. Super Wide Angle color camera, intergrated microphone, super bright LED lights and 2 GB of non - volatile SD memory providing up to 8 hours record time. 60 Seconds Pre -event record. AudioNideo output for S1,275.00 playback on any standard television, monitor or computer. Li -ion rechargable batteries. User friendly sofware for easy playback, file management and archiving to DVD's, CD -Roms or hard drives. Download onto any Windows XP or newer system, playback using standard Windows Media Player or any standard DVD player. t Jy�K ,.�� CITY OF WINTER SPRINGS, FLORIDA T.3 9 117¢ 557_ SIAIF ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 F LOR10p' Telephone (407) 327.1800 PURCHASE ORDER SUBMITTAL FORM DATE: 6/18/2010 TO: Nancy Vobornik, Purchasing Coordinator FROM: Police Department / Capt. Riddick Subject: Requisition #: IF PURCHASE IS: (please check only one option below): $0.01 to $500 One verbal quote; No documentation necessary; Do not submit this form. $500.01 to $12,500 Choose either: Quotes, Sole Source or Piggy- Backing below. 3 Written Quotes attached and summarized below: Vendor #1: Company Quote: Vendor #2: Company Quote: Vendor #3: Company Quote: If vendor with lowest quote is not chosen, please explain: Local Vendor (Circle one) Home Depot; Lowe's; Publix; Nextel; Other: Sole Source Please attach an explanation from the vendor as such. Piggy- Backing^ Agency and Contract No. Piggy- Backing ^Please attach a copy of the contract being piggy- backed. Over $12.500 City Bid Number* *Requires formal bid process followed by City Commission approval.` OR XXX Piggy- Backing+ Agency and Contract No. Piggy- Backing SEE NOTE BELOW +Please attach a copy of the contract being piggy- backed. Attach copy of City Commission Agenda Item for Bid Process or Piggy- Backing Process. Emeraencv Purchase If a public life, safety or convenience issue is involved, please explain. This form must be submitted by the NEXT BUSINESS DAY following the emergency purchase. NOTE**** Houston - Galveston Area Council Contract # EF04 -09 To be completed by Purchasing Department: Approved by Purchasing Date: Purchase Order # Submitted to Accounts Payable \\wspd\jriddick \Information Services\Purchase Orders\Purchase Order Submittal Form 093006 FINAL Purchase Order 6/18/2010 5:17 PM 1 of 1