HomeMy WebLinkAboutMOTOROLA, INC. - 2003-09-15CITY OF HUNTINGTON BEACH �-/oC1q —
MEETING DATE: September 15, 2003 DEPARTMENT ID NUMBER: IS 03-003
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: September 15, 2003
Department ID Number: IS 03-003
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
4 c
SUBMITTED TO: HONORABLE MAYOR AND COUNCILMEMBERS "
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR
L4J
PREPARED BY: JANIS INGELS, INFORMATION SERVICES DIRECTOR
KENNETH W. SMALL, POLICE CHIEF
SUBJECT: APPROVE CONTRACT WITH MOTOROLA FOR THE PUReHASE
OF MOBILE DATA COMPUTERS IN POLICE FIELD UNITS
Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
The Police Department is in the process of replacing its Computer Aided Dispatch 1 Records
Management System (CADIRMS). To take advantage of the enhanced mobile features of
this system, the current Mobile Data Computers (MDCs) in the police field- units need to be
replaced with devices that have faster processor speeds and greater storage capacities.
This is a planned acquisition and has been presented to Council as Phase II of the
CADIRMS project in a previously approved Council item on April 7, 2003. The purpose of
this RCA is to provide greater detail of this Phase and to request Council authorization to
purchase the MDCs.
Funding Source:
Funding -sources are available in the following accounts:
$ 745,000 HoIlylSeacliff Account number 30770101.83000
55,000 HoIlylSeacliff Fund Balance account number 30731100.1999
100,000 Narcotic Forfeiture Fund Balance account number 21431100.1999
$900,000 Total
No General Funds are required for this purchase.
D:IDocuments and SettingMsedlakAl-ocal SettingslTemporary Internet Filesl0LK20t31RCA MDC1.doc -�-
91212003 9:48 AM
0 REQUEST FOR ACTION •
MEETING DATE: September 15, 2003 DEPARTMENT ID NUMBER: IS 03-003
Recommended Action:
1) Approve the Sole Source Procurement with Motorola for Mobile Data Computers for
police field units.
2) Authorize the Information Services Director to execute the agreement with Motorola and
expend up to $890,200 for the purchase and installation of Mobile Data Computers for
police field units.
3) Appropriate $155,000 from the Holly/Seacliff Fund and the Narcotics Forfeiture Fund
into account 30770101.83000.
4) Approve Jim Moore, Public Safety Systems Supervisor as Project Manager and
authorize Janis Ingels, Director of Information Services and Jim Moore to approve
changes, acceptance testing and milestone payments.
Alternative Action(s):
Do not authorize these appropriations and expenditures for this project.
Analysis:
Intergraph's Computer Aided Dispatch / Records Management System provides many
enhanced mobile features unavailable with the current system. It has long been the strategy
of the Police Department to develop systems to streamline workflow and to minimize
redundant data entry so typical of a paper environment. When officers submit reports, they
must leave their patrol areas, return to the station, complete any necessary forms which often
involves redundant information, submit them and return to their areas. One of Intergraph's
strengths is in its Field Reporting Module.
This Field Reporting Module will allow officers to complete reports on the mobile data
computer while remaining in their patrol area. After completing the report the field officer can
transmit them to their sergeant for approval. Once the sergeant has approved the report,
they can transfer the report directly into the Records Management System. All these actions
are accomplished through a secure wireless system in an automated format, which is more
efficient and quicker than the current process. In order for this system to work properly, the
mobile data computers in the patrol cars must be replaced with devices utilizing faster
processors and having expanded storage capacities. The replacement of these units was
described in a council approved RCA of April 7, 2003 and is included in the CAD/RMS
project as Phase ll.
Administrative Regulation Number 229 requires City Council approval for all sole source
procurements over $50,000. The Police and the Information Services Departments are
requesting this approval. The devices selected by the Police Department are Motorola
ML900 Laptop computers. These were selected because they have been proven to meet the
UARCA M]C.doc 4- 9/3/2003 3:06 PM
• REQUEST FOR ACTION •
MEETING DATE: September 15, 2003 DEPARTMENT ID NUMBER: IS 03-003
stringent needs of the Department. These devices will have built-in communication
capabilities that will allow officers to remove the computers from the vehicles, complete their
reports at the location if so desired, run queries and transmit reports without having to be in
the car. It will utilize the existing Motorola radio infrastructure. Both the radio backbone and
controller are Motorola, so using Motorola computers with built-in Motorola modems will help
ensure compatibility. Also, since the current devices are Motorola, the existing mounts in the
vehicles can easily be adapted for the new computers. All communications equipment, both
voice and data will be Motorola and run on a 100% Motorola infrastructure, as is currently.
This is extremely important since the Police Department must maintain its own
communications' equipment. Installation will be completed by ComSerCo and the mounting
brackets have been designed and will be manufactured by Stewart Mounts.
A detailed description of the required equipment and budget is as follows:
EQUIPMENT
Quantity
Description
Unit Price
Total
90
ML 900 Laptops, P4, 1.7 GHz, CD, DVD,
4,674
420,660
XP-OS, 256MB, 40GB, 13.3" XGA
90
Add: 256 SDRAM
175
15,750.00
90
Internal Radio Module (802.11 B)
495
44,550
90
Internal Data Tac Modem
750
67,500
90
1200 NIT Display, Backlit Keyboard, Cabling
3,040.00
273,600.00
90
Docking Stations
799
71,910
Equipment Subtotal
9,933.00
893,970.00
*22% Discount if Purchased by September 27, 2003
(196,673.4QI
Equipment Subtotal with Discount
Sales tax
Freight
Total cost of equipment provided by Motorola
Mounting Hardware and Installation:
90 Mounts and Hardware (Stewart Mounts)
80 Unit Installations (ComSerCo)
Sales tax on hardware
Freight
7,747.74 697,296.60
54,040.49
5,600
$756,937.09
380.00 34,200.00
575.00 46,000.00
2,650.50
400.00
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3
0 REQUEST FOR ACTION
MEETING DATE: September 15, 2003 DEPARTMENT ID NUMBER: IS 03-003
Mounts & Installation provided by third parties
Contingency
Grand Total with Discount
FUNDING SOURCES:
Holly/Seacliff Development Fees
Narcotic Forfeiture
Total
$83,250.50
50,000.00
800,000.00
100,000.00
Motorola is offering a two -tiered discount, if the devices are purchased by specified dates.
A 22% discount is offered if purchased by September 27, 20/03. The total cost with this
discount is shown in the above figures. A 10% discount is offered if purchased by
November 22, 2003, which would increase the total cost of the project to $1,005,777.90.
After November 22, 2003, no discount is offered. The full price is $1,102,103.10. By
purchasing these devices by September 27, 2003, the total cost saving will be
$211,915.60.
PAYMENT SCHEDULE:
1) 30% of total contract price due upon execution of agreement
2) 100% of the remaining balance for equipment, hardware, freight and tax upon
delivery
3) 100% of the remaining balance for mounting and installation services due upon
completion of install
Replacing the Mobile Data Computers is necessary to obtain the maximum efficiency from
the new CAD/RMS. The overall goal is to design an accurate data system that is easily
accessible for field officers' usage and eliminates redundant information input. The
resulting effect will be additional time for field officers to participate in more proactive police
work and free up time for community policing activities.
ADVANTAGES OF REPLACING MOBILE DATA COMPUTERS:
1) Faster processor speeds will allow large applications to run such as Field Reporting.
2) More storage will allow staff to load more on -board data such as photos, maps and
drawings.
3) Using the latest operating software will permit loading current applications not
available on the current devices.
WACA MDC.doc - 9/3/2003 3:06 PM
• REDDEST FOR ACTION •
MEETING DATE: September 15, 2003 DEPARTMENT ID NUMBER: IS 03-003
4) By using laptop computers, the officers will have the convenience of portability, while
the separate high resolution monitor and keyboard will remain affixed in the patrol
vehicle.
5) By replacing the current devices with Motorola laptops, officers can maintain radio
contact with the station when the computer is removed from the vehicle using the
department's proprietary and very reliable data radio infrastructure. The current
devices do not allow for this function.
Environmental Status:
Attachment(s):
1 Contract with Motorola
2 Mounting Hardware and Unit Installation Quotes from Stewart Mounts
and ComSerCo
3 Fiscal Impact Statement
4 Sole -Source Justification
RCA Author: Jim Moore
UARCA MDC.doc -�_ 9/3/2003 3:06 PM
ATTACHMENT #1
The City of
Huntington Beach
August 26, 2003
5EP 04 2003 10:58 PR MOTOROLA 8584042594 TO 9 7145362912 P.02i02
Motorola Standard Terms and Conditions of ale
For the
Mobile Laptop ML900 Proposal
Dated, August 26, 2003
1. Scan . Motorola, Inc, will sell to Customer and Customer will purchase from Motomla the equipment, parts, software, or
Services related to the equipment (e.g. installation) described in Motorola's Proposal dated, Auk 26, 2003. These tetras and
conditions, togethsr with the Proposal, comprise the "Agreement." Customer tray indicate its acceptance of this Agreement by sighing
below of by issuing a purchase order that refers to either the Proposal or to a Customer solicitation to which the Proposal responds.
Only these terms and conditions apply to the ftrrsaction, notwithstanding any inconsistent or additional terror and conditions
contained in the purchase order or Customer solicitation.
2. Price and Payment Tear}&. The Contract Price is U.S. %97.296.60. excursive of applicable sales, use, or similar taxes and freight
Motorola will submit to Customer an invoice for products when they are shipped and for sem ices when they are performed. Customer
will make payments to Motorola within twenty (20) days after the invoice date. All freight charges will be pre -paid by Motorola and
added to the invoices, Title and risk of loss to equipment or parts will pass to Customer upon shipment; but title to software will not
pass to Customer at any time. Motorola will pack and strip all equipment, parts or software in accordance with good commercial
practices.
3. Soaaz . If EMS tt Sactian invoh�es software, any software owned by Motorola ("Motorola Software") is licensed to Customer
solely in accordance with Motorola's standard Software License Agreement ("SLA'), a copy of which is attached and incorporated
herein by this reference. Any software owned by a third party CNon-Motorola Software") is licensed to Customer in accordance with
the standard license, terms, and restrictions of the copyright owner unless the owner has panted to Motorola the right to sublicense
such software pursuant to the SLA, in which case the SLA applies and the owner will have all rights and protections under the SLA as
the Licensor. Motorola makes no representations or warranties of any Iand regarding Non Motorola Software.
4. EXpress Limited W_al= W4 Warran , Di mer. Motorola Software is warranted in accordance with the SLA_ For three
Years from the date of shipment, Motorola warrants that the equipment and parts under normal use and service are free from material
defects in material and workmanship. These warranties do not apply to; defects or damage resulting from use of the equipment, part,
or Motorola Software in other than its normal; customary, and authorized manner, defects or damage occurring from misuse, accident,
liquids, neglect, or acts of God; defects or damage occurring from testing, maintenance, disassembly, repair, installation, alteration,
modification or adjustment not pro, •ided or aullwrized in writing by Motorola; breakage of or dartrage to antetmas unless caused
directly by defects in material or workmanship; defects or damage caused b;Customer's failure to comply with all applicable industry
and OSHA standards; equipment that has had the serial number removed or made illegible; batteries (because they carry their own
separate limited warranty); freight costs to ship equipment or parts to the repair depot; scratches or other cosmetic damage to
equipment surfaces that does not affect the operation of the equipment; and normal or customary wear and tear, These expreu limited
warranties are extended by Motorola to the original user purchasing the products for commercial, industrial, or governmental use only,
and are not assignable or transferable_ If Customer gives notice of a valid warranty claim before the expiration of the warranty
period, Motorola will (at its option and at no additional charge to Customer) repair the defective product, replace it with the same or
equivalent product, or refund the price of the defective product. Such action will be the full extent of Motorola's liability hereunder.
Repaired or replaced product is warranted for the balance of the original applicable Watranty Period_ All replaced products or parts
will become the property of Motorola. THESE WARRANTIES ARE 'TM COMPLEM WARRANTIES AND ARE GIVEN IN
LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLALMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMP'l..IED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE,
5. Delays and Disr MI. Neither party will be liable for its non-performance or delayed performance if eaused by an event,
circumstance, or act of a third party that is beyond a party's reasonable control (a "Force Majeure" ), Each party will notify the other if
it becomes aware of a Force Majeure that will significantly delay performance_ Motorola and Customer will try to settle any claim or
dispute arising from this Agreement (except for a clairn relating to intellectual property) through good faith negotiations. If necessary,
the parties will escalate the dispute to their appropriate higher-le<rel managers. If negoriations fail, the parties will jointly select a
mediator to mediate the dispute and will share equally the mediation costs. Neither party will assert a breach of this Agreement
without first giving the other patty written notice and a thing (30) day period to cure the alleged breach.
6. LIMITATION OF LiABIU-TY. Except for personal injury or death, Motorola's tots! liability, whether for breach of
contract, warranty, negligence, sttfct habiNty� in tort, or otherwise, will be limited to the direct damages recoverable under6w,
but not to exceed the purchase price of the products or services for which losses or daatages are claimed. MOTOROLA
WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; 'MCONVENIENCE; LOSS OF USE, IDM, DATA, GQOb
WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPICIAL, INCIDENTAL, INDMECT, OR CONSEQUEATAL
DAMAGES IN ANY WAY RELATED TO OR ARISING FROM TfUS AGREEMENT, THE SALE OR USE OF THE
PRODUCTS, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PMSUANT TO THIS AGREEMENT. No
Short Form 5115V02rev.
** TOTAL PAGE.22 **
09i0312003 13:21 7145312
SYSTEMS GROUP PAGE 02
action for breach of this Agreement or otherwise relating to the transactions contemplated by this Apeement may be brought
more than one year after the accrual of such cause of action. This limitation of liability will survive the expiration or
termination of this Agreement.
7. Cffitdential armation and sgrvation othmgdetga FjgkV The SLA governs software confidentiality. As to any other
..-information marked "Confdendal" and provided by one party to the other, the receiving party will maintain the confidentiality of such
information and not disclose it to any third party; take necessary and appropriate precautions to protect such information; and use such
information only to further the performance of this Agreement Confidential Information is and shall remain the property of the
disclosing party, and no grant of proprietary rights in the coofidentiai infora2aeon is given or intended Motorola owns and retains all
of its proprietary rights in the equipment, parts and software, and nothing herein is intended to restrict the proprietary rights of
Motorola, any copyrigbi owner ofNon-Motorola Software, or any third party mahaf tcu rer. Except as explicitly provided in the SLA,
this Agreement does not grant any right, title or iaterest in Motorola's proprietary rights, or a license under any Motorola patent or
patent application.
8. Each party will comply with all applicable federal, state and local laws, regulations and rules concerning
the performance of this Agreement or use of the products. Customer will obtain and comply with all FCC licenses and authorizations
required for the installation, operation and use of the products. This Agreement and the rights and duties of the parties will be
governed by and interpreted in accordance with the laws of the State in which the products are installed. This Agreement constitutes
the entire agreement of the parties regarding this transaction, supersedes ail previous agreements and proposals relating to this subject
.matter, and may be amended only by a written instrument executed by both parties. Motorola is not malting and Customer is not
:relying upon, any representation or warranty except those expressed herein. 'There are no certifications or commitments binding
'Motorola applicable to this transaction tinIess they are in writing and signed by a Motorola authorized signatory.
!i. No Motorola 5ervicer�_Ipduded. TWs contract does not include Motorola services. As such, Motorola is in co -way
responsible for services required to install, configure, test, commission or guy otber services required to successfully
implement the equipment, provided by Motorola under this contract. Upon request, Motorola may provide services at a cost
-:&S1600 per day for each :Motorola person requested and Customer will enter into a service agreement with Motorola for any
iluch services.
Motorols,Ji'oa. Customer CITY OF HUNTINGTON BEACH
By. ar
�4B. GLA1(TQN L2Z
��.���
'Niuneand Title: Namean Title: Janis Inaels, Director
�G of Information Services
Diar: _ # . _._�� Date: Sept .. 2003
'AI •' kJ V isU AS TO FORM
)EN IPER McGi2ATH, City Atta,
fiy a
e uty City Attarnay
AT TEST
City Clerk
REVIEWED AHO APPROVER
AASTD!F M 49
K. PADDOCK ' 3 -3 DAIE
MOTOROLA
rMW A-n toWlIP41E DEFT.
Sho t Farm 51151102nw.
7145362912 pp'GE.02
SEP 03 2003 14:06
• Software License Agreement 0
Motorola, Inc., a Delaware corporation, through its Commercial, Government, and Industrial Solutions Sector ("Motorola" or
"Licensor") or Printrak international, Incorporated, a Motorola company ("Printrak" or "Licensor"), and
("Licensee"), hereby enter into this Software License Agreement
("Agreement"). Motorola and Printrak are each authorized to execute this Agreement on behalf of the other. For good and valuable
consideration, the parties agree as follows:
Section I SCOPE. Licensor will provide proprietary software and/or radio communications, computer, or other electronic
products ("Products") containing embedded or pre -loaded proprietary software to Licensee. All such software that is owned by
Motorola or Printrak is referred to as "Software." Product and Software documentation that specifies technical and performance
features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media
upon which this information is provided) are collectively referred to as "Documentation." This Agreement contains the terms and
conditions pursuant to which Licensor will license, and Licensee may use, the Software and Documentation.
Section 2 GRANT OF LICENSE. Licensor hereby grants to Licensee a personal, non -transferable (except as permitted in Section 8
below), limited, and non-exclusive license under Licensor's applicable proprietary rights to use the Software and related
Documentation for the purposes for which they were designed and in accordance with the terms and conditions of this Agreement.
The license granted authorizes Licensee to use the Software only in object code format and does not grant any rights to source code.
Section 3 LIMITATIONS ON USE. 3.1. Licensee may use the Software only for Licensee's internal business purposes and
only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Licensee may not for any reason
modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code,
create derivative works from, adapt, translate, merge with other software, copy, reproduce, distribute, or export any Software or permit
or encourage any third party to do so, except that Licensee may make one copy of Software provided by Licensor to be used solely for
archival, back-up, or disaster recovery purposes. Licensee must reproduce all copyright and trademark notices on all copies of the
Software and Documentation. 3.2. Licensee may not copy onto or transfer Software installed in one Product device onto another
device. Notwithstanding the preceding sentence, Licensee may temporarily transfer Software installed on one device onto another if
the original device is inoperable or malfunctioning, provided that Licensee provides written notice to Licensor of such temporary
transfer and such temporary transfer is discontinued when the original device is returned to operation. Upon Licensor's written
."request, Licensee must provide to Licensor a written list of all Product devices in which the Software is installed and being used by
icensee. 3.3. Concerning Motorola's Radio Service Software ("RSS"), if applicable, Licensee must purchase a copy for each
location at which Licensee uses RSS. Licensee's use of RSS at an authorized location does not entitle Licensee to use or access the
RSS remotely. Licensee may make one additional copy for each computer owned or controlled by Licensee at each such location.
Upon Licensor's written request, Licensee must provide to Licensor a written list of all locations where Licensee uses or intends to use
RSS.
Section 4 OWNERSHIP AND TITLE. Title to all copies of Software will not pass to Licensee at any time but remains vested
exclusively in Licensor. Licensor owns and retains all of its proprietary rights in any form concerning the Software and
Documentation, including all rights in patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, and
other intellectual properties (including any corrections, bug fixes, enhancements, updates, or modifications to or derivative works from
the Software whether made by Licensor or another party). Nothing in this Agreement is intended to restrict the proprietary rights of
Licensor or to grant by implication or estoppel any proprietary rights. All intellectual property developed, originated, or prepared by
Licensor in connection with providing to Licensee Software, Products, or related services remain vested exclusively in Licensor, and
this Agreement does not grant to Licensee any shared development rights of intellectual property. This Agreement does not involve
any software that is a "work made for hire."
Section 5 CONFIDENTIALITY. Licensee acknowledges that the Software and Documentation contain Licensor's valuable
proprietary and confidential information and trade secrets. Licensee will take necessary and appropriate precautions to maintain and
guard the confidentiality of the Software and Documentation, using at least the same degree of care that Licensee applies to its own
confidential information but not less than reasonable care. Precautions will include informing Licensee's employees and agents who
are authorized to use the Software and Documentation that such information is confidential and may not to be disclosed to others.
Licensee will not disclose the Software and Documentation to any third party except as permitted by this Agreement or expressly in
writing by Licensor. Licensee will limit access to the Software and Documentation to Licensee's employees and agents who need to
know and are authorized to use the Software and Documentation as permitted by this Agreement.
Section 6 LIMITED WARRANTY. 6.1. The warranty period for the Software will commence upon shipment and will
continue for 120 days unless Licensor has agreed to a different warranty period in a separate agreement that has been mutually
executed by Licensor and Licensee, in which case the warranty period will be as stated in such agreement subject to the remainder of
this Section 6.1. For Integration Framework software products, Printrak's Law Records Management System software products and
Printrak's Premier CAD SEw software products, the warranty period shall commence as stated in the applicable agreement and will
Short Form 5/351/02rev.
continue for 120 days. For Printrak Strak's LiveScan software products, the warra� period shall commence as stated in the
applicable agreement and will continue for 90 days. For Software that is application software that is provided on a per unit basis, the
warranty period for subsequent units licensed is the remainder (if any) of the initial warranty period or, if the initial warranty period
as expired, the remainder (if any) of the term of the applicable Software Maintenance and Support Agreement. 6.2. During the
0A,
pplicable warranty period, Licensor warrants that the unmodified Software, when used properly and in accordance with this
greement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the
primary functionality or successful operation of the system. Whether such defect occurs will be determined solely with reference to
the Documentation. For Software involving radio frequency systems and Products, the primary functionality of a voice
communication system is subscriber -to -subscriber, subscriber -to -dispatcher, and dispatcher -to -subscriber voice communication; and
the primary functionality of a data communication system is point-to-point data transmission. Licensor does not warrant that
Licensee's use of the Software or Products will be uninterrupted or error -free or that the Software or the Products will meet Licensee's
particular requirements. 6.3. Before the expiration of the applicable warranty period, Licensee must notify Licensor in writing if the
Software does not conform to this warranty. Upon receipt of such notice, Licensor will investigate the warranty claim. If this
investigation confirms a valid warranty claim, Licensor will (at its option and at no additional charge to Licensee) repair the defect,
replace the defective Software with the same or equivalent software, or refund the price of the defective Software or individual
Product in which the Software is embedded or for which it was provided. Such action will be the full extent of Licensor's liability and
Licensee's sole remedy for a breach of this warranty. If the investigation indicates the warranty claim is not valid, then Licensor may
invoice Licensee for responding to the claim on a time and materials basis using Licensor's current labor rates. 6.4. LICENSOR
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TRANSACTION COVERED BY THIS
AGREEMENT IS A LICENSE AND NOT A SALE OF GOODS; THEREFORE, IT IS NOT COVERED BY THE UNIFORM
COMMERCIAL CODE.
Section 7 LIMITATION OF LIABILITY. EXCEPT FOR PERSONAL INJURY OR DEATH, LICENSOR'S TOTAL
LIAIBLITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILTY IN TORT, OR
OTHERWISE, WILL BE LIMITED TO LICENSEE'S DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO
EXCEED THE PRICE FOR THE SOFTWARE, THE PRODUCTS PROVIDED BY LICENSOR IN WHICH THE SOFTWARE IS
EMBEDDED OR INSTALLED, OR THE SERVICES SPECIFICALLY RELATED TO THE SOFTWARE WITH RESPECT TO
WHICH LOSSES OR DAMAGES ARE CLAIMED. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF
SUCH LOSSES OR DAMAGES, THEY AGREE THAT LICENSOR WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS,
INCIDENTAL,
NCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT OR THE SALE OR USE
F ANY SOFTWARE OR PRODUCTS. This Limitation of Liability provision will survive the termination of this Agreement.
Licensee must bring any action under this Agreement within one (1) year after the cause of action arises.
Section 8 TRANSFERS. Licensee may not transfer Software to any third party without Licensor's prior written consent,
which consent may be withheld in Licensor's reasonable discretion and may be conditioned upon the transferee paying all applicable
license fees and agreeing to be bound by this Agreement. Notwithstanding the preceding sentence, if Licensee transfers ownership of
radio Products to a third party, Licensee may assign its rights to use the Software (other than Radio Service Software and Motorola's
FLASHport0 Software) embedded in or furnished for use with those radio Products; provided that Licensee transfers all copies of
such Software and the related Documentation to the transferee, and the transferee executes a transfer form to be provided by Licensor
upon request (which form obligates the transferee to be bound by this Agreement).
Section 9 TERM AND TERMINATION. Licensee's right to use the Software will begin when this Agreement is mutually
executed by both parties and will continue in perpetuity unless Licensee breaches this Agreement, in which case it shall be terminated
immediately without notice by Licensor. In addition to termination, Licensor shall be entitled to all available remedies at law or in
equity (including immediate injunctive relief without proving damages and repossession of all non -embedded Software and associated
Documentation unless Licensee is a Federal agency of the United States Government). Licensee acknowledges that its breach of this
Agreement will result in irreparable harm to Licensor for which monetary damages would be inadequate. Within thirty (30) days after
termination of this Agreement, Licensee must certify in writing to Licensor that all copies of the Software and Documentation have
been returned to Licensor or destroyed and are no longer in use -by Licensee.
Section 10 NOTICES. Notices required under this Agreement to be given by one party to the other must be in writing and either
delivered in person or sent to the address on file by certified mail, return receipt requested and postage prepaid (or by a recognized
courier service with an asset tracking system, such as Federal Express, UPS, or DHL), and shall be effective upon receipt. Change of
address must be in writing to the other party.
Wovtion 11 UNITED STATES GOVERNMENT LICENSING PROVISIONS. In the event that the Licensee is the United States
errtment or a United States Government agency, then the provisions of this section also apply. Use, duplication or disclosure of
the Software and associated documentation under Licensor's copyrights and/or trade secret rights is subject to the restrictions set forth
in subparagraphs (c)(1) and (2) of the Commercial Computer Software -Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if
Short Form 5/15//02rev.
applicable, unless being provided to the4partment of Defense. If being provided to Apartment of Defense, use, duplication, or
disclosure of Software and associated documentation is subject to the restricted rights set forth in subparagraph (c)(l)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Software and associated
documentation may or may not include a Restricted Rights notice, or other notice referring specifically to the terms and conditions of
is Agreement. The terms and conditions of this Agreement shall each continue to apply, but only to the extent that such terms and
conditions are not inconsistent with the rights provided to the Licensee under the aforementioned provisions of the FAR or DFARS, as
applicable to the particular procuring agency and procurement transaction.
Section 12 GENERAL. 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as
an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred.
12.2. COMPLIANCE WITH LAWS. Licensee will with all, applicable laws andregulations, including export laws and
regulations of the United States. Licensee will not, without -the prior authorization of Licensor and the appropriate governmental
authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means,
any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the
Unites States Government, or any agency thereof, at the time of such action, requires an export license or other governmental
approval. Violation of this provision shall be a material breach of this Agreement, permitting immediate termination by Licensor.
12.3. WAIVERS. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of
such right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving party. An effective
waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of
any other right or power. 12.4. ASSIGNMENTS. Licensor may assign any of its rights or subcontract any of its obligations under
this Agreement, or encumber or sell any of its rights in any Software, without prior notice to or consent of Licensee. 12.5. ENTIRE
AGREEMENT AND AMENDMENT. This Agreement constitutes the entire agreement of the parties regarding Licensee's use of the
Software and may be altered, mended, or modified only by a written instrument signed by an authorized representative of each party,
except that Licensor may modify this Agreement as necessary to comply with applicable laws and regulations. This Agreement will
be fairly interpreted in accordance with its terms and conditions and not for or against either parry. 12.6. GOVERNING LAW. This
Agreement will be governed by the laws of the United States to the extent that they apply and otherwise by the laws of the State to
which the Software or Products are shipped if Licensee is a sovereign government entity, or the laws of the State of Illinois if Licensee
is not a sovereign government entity. 12.7. SEVERABILITY. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement
will remain in full force and effect.
•
Short Form 5/15/102rev.
� n
MOTIDROLA, INC
EQUIPMENT LIST, PRICING AND PAYMENT SCHEDULE
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
ATTN: JIM MOORE
VOICE: 7141536.5943 FAX: 714MBI 7011
Date: AUGUST 26, 2003
0
Motorola Mobile Laptop ML900 Description:
The Mobile Laptop 900 (ML9W)1.7 GHz Is a full-sized, full featured, egged mobile laptop computer designed sped ically for real -lime
computer access and messaging in a mobile environment. it features an Intel Pentium 4-M 1.7 GHz Microprocessor operating on either
Window 20009 or WinXP Operating System it offers a sunlight readable 12.1" transtlective display with optional touch screen or a 13.3"
XGd1 display with an optional touchsceen. A hot -dock solution and choice of mound (pedestal or console) are options. The unit ships with an
Integrated CD RW/DVD ROM.
Each ML 900 ships with an AC adapter - order the DDN6872 only ff you need a spare or replacement AC adapter.
Available Applications incude: AkMoblle
This is a software application for customers who need a way to handle regularly occurring itie transfers or application updates while preserving
the use of their wide -area data channel for mission -critical and real-time applications.
The Standard Computer Unit carries a full overage 3 year warranty. The battery Is considered a consumable item and carries only a 1 year
warranty.
Equipment List and Pricing:
QTY MODELS
90
90
90
90
90
TT0414W
DESCRIPTION
Motorola Mobile Laptop ML900
ML 9W LAPTORP41.7 GHZ,CD4=,XP-OS, 256MB, 40GB,
13.3" XGA TOUCHSCREEN
ADD: 256 SDRAM FOR ML900
1T04160AA ADD: INTERNAL WLAN (802.11B) RADIO MODULE FOR
ML900, INCLUDES WLAN ANTENNA
TT04162AA ADD: INTERNAL PRIVATE DATA TAC, PRM 240.1.$W ! RD-
LAP FOR ML900
MODS1200, MOBILE OFFICE DISPLAY SOLUTION FTN3107
FTN3107 736 $3,040.00
INCLUDES: MW8W 1200 NIT Display, MW 8W Bach USS
keyboard, and Y-Cable.
ML 900 VEHICLE DOCKING STATION Provides 2 serial ports, 2
DDN7411 USB ports,1 parallel port, an audio output port and 1 video (15
pin VGA) output port.
ML900 Equipment Subtotal
Taxes and Freeght
Sales tax @ 0.775%
Freight (estimated)
Taxes and Frieght Subtotal
Grand Total
UNIT PRICE EXTENDED
$4,614.00
420,660.00
$175.00
15,760.00
$495.00
44,650.00
$750.00
67,500.00
$3,040.00 273,600.00
$799.00 - -71,910.00
$9,933.00 $883,970.00
69,282.68
5,600.00
$74,882.68
$968,852.68
Page 1
t i �
MOTOROLA, INC
Proposed Discounts:
Discount Pricing available based upon City contract Discount Total Discounted
approval with Motorola by Percentage Price
September 27, 2003. 22% $697,296.60
Sales tax @ 0.775% $54,040.49
Freight (estimated) 5,600.00
Total Discounted Price at 22% $756,937.09
November 22, 2003 10% $804,573.00
Sales tax @ 0.776% $62,354AI
Freight (estimated) 5,600.00
Total Discounted Price at 10% $872,627.41
December 31, 2003 0% $893,970.00
Sales tax G 0.775% 69,282.68
Freight (estimated) 5,600.00
Total Discounted Price at 0% $968,852.68
Payment Schedule:
Customer agrees to make payments to Motorola within twenty-five (25) days after the date of invoices that will be
submitted by Motorola according to the following payment schedule:
1. 30% of the total contract price is due upon execution of this agreement
2. 70% of the remaining balance for equipment, hardware, freight and tax amount upon delivery.
Conditions:
1. Above pricing is valid through December 31, 2003. Lease rates are valid till 9/27/03.
2. Above pricing includes trade in of existing MW520's on a one -for -one basis
3. No installation or technical services of any kind are included with this quote and proposal. Motorola technccz
services are available upon City request, at a rate of $1600 per day, per individual.
Proposal Prepared By:
Maril Beck
Motorola Account Manager
37434 Old Oak Terrace
Murrieta CA 92562
Ph. 9091677-4919
Page 2
ATTACHMENT #2
From: 08/02003 17:45 #008 P.001/001
(90) CM-126 Computer mounts $215.00 Each
(90) TA-OOIHBS900 Half Width Slide Tray with mounting for MLA-900
Dock. (Docking station not included) $165.00 Each
FOB.Origin
Taxes:Not Included
Lead time: 4-6 Weeks ARO
Thank you for giving us the opportunity to work with you again on this new
project!!]
Very truly yours,
John M .Stewart
President
Fl-T T 0�
Q�JA.A-.
IAA
qo Iz. 3. 7Q 70 15 X t • !O j
mailhtml:mid: 1100000066;' 8/26/2003
08-29-03 08:38 COM5ERCO 0
ID=17 3731824 P91/03
COMSERCO, INC.
Two -Way Radio Sales and Service
FAX COVER SHEET
DATE: August 29, 2003
TO: Jim Moore, Information Systems Manager
City of Huntington Beach
(714)536-2912
FROM: Bruce Wold, Manager
Phone (714)899-4700
Fax (714) 373-1924
Email bwold aftomserca.com
PAGES INCLUDING COVER SHEET: 3
MESSAGE:
Jim:
The installation quote was amended to include 80 vehicle installations. Please note
that the items supplied by City of Huntington Beach also changed to include RF
jumpers.
Regards,
Bruce Wold
08-29-03 08:38 COM5ERCO • ID=17JJ3731824 P02/03
COMSERCO, Inc.
Two Way Radio Sales and Service Phone (714) 898-4700
14600 Goldenwest St., Ste. 104C Fax (714) 373-1924
Westminster, Ca. 92693 Email bwold@comserco.com
August 29, 2003
INSTALLATION PRICE QUOTATION
City of Huntington Beach ML900
TO: Jan Moore, Manager Information Systems
City of Huntington Beach
FROM: Bruce Wold, Manager
COMSERCO, INC.
Dear run:
This is a price quotation for the installation of 80 Motorola ML900 laptop computers with
remote keyboard and monitor. The installation will be into City of Huntington Beach
Police Department vehicles. All work will be done at the City of Huntington Beach radio
shop.
ComSerCo Statement of Work
ComSerCo will provide labor and shop supplies to accomplish the following operation:
1. Move all existing equipment in the vehicle trunk to accommodate the docking
station for the ML900.
2. Install U L900 docking station and reinstall all relocated trunk mount
equipment
3. Unbolt rear plastic seat, unbolt and lift one leg of the cage and route the USB
cable from console to trunk
4. Bolt down rear plastic seat and cage leg
5. Run any power supply lines — as needed
6. Build 90 RF jumpers using four feet of RG142 and Mini -UHF connectors
7. Connect all ML900 docking station cables and RF jumpers between docking
station and power amplifier
8. Install wireless LAN antenna
9. Install and interconnect monitor, keyboard and ML900 computer.
9$-29-63 08:38 COM5ERCQ TD=1 43731824 P03/93
The City of Huntington Beach is responsible to supply all computer hardware and
cabling, antennas, consoles, mounts, RF jumpers* and power accessories.
ComSerCo will commence installation at a mutually agreeable time after equipment
arrives. The actual installation should take approximately 45 working days.
The cost of labor and shop materials to accomplish one vehicle installation is $575.00.
The total cost of the project, assuming 80 installations, is $46,000.00. This is the
ComSerCo price to the City of Huntington Beach for the installation procedure outlined
in the ComSerCo Scope of Work.
Zr
CWo
ce ld, Manager
COMSERCO, INC.
*RF jumpers were removed from the list of ComSerCo supplied items.
W
r
ATTACHMENT
#3
•�, CITY OF HUNTINGTON BEACH
ITLD INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director Of Administrative Services
Subject: FIS 2003-33 Approve Contract with Motorola for The
Purchase of Mobile Data Computers in Police Field Units
Date: September 2, 2003
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Contract with Motorola for The Purchase
of Mobile Data Computers in Police Field Units."
If the City Council approves this request (total appropriation $900,000
of which $745,000 is already budgeted), the estimated
unappropriated, undesignated Holly Seacliff Fund Balance at
September 30, 2003 will be reduced to $22,000 and the estimated
unappropriated, undesignated Narcotics Forfeiture (State) Fund
Balance will be reduced to $628,000.
Clay Martin
Director of Admiruttrative Services
AT.. .-" IM #4.
C.�:
Administrative Services ....... F.
Central Services Division (PR.
OP/OC
SOLE -SOURCE JUSTIFICATION
For use an all goods and services acquisitions.
This justification document consists of two (2) pages. All Information must be provided and all questions must be answered. The "Required Approvals"
section must Include a date for each signature, as appropriate for the transaction.
Requesting Deartmdht Information
Requestor Name:
Division Manager:
Jim Moore
Janis Ingels
i (Type names. Do not sign.)
Department:
Department Head:
Information Services
Janis Ingels
names. Do not sign.
Must be same as signature below.)
— -.fType
De0artment Contact Information
Contact Name: Jim Moore
Street Address: 2000 Main St., Huntington Beach, CA
92648
Telephone:
(714) 536-5943
FAX:
Shipping Address: Same
(714) 536-2912
Cellular phone: (714) 981-7011
. . ... ... ... . . ....
i % RX. :z;�;-E:.!iA ij:6- 6. . 1; ` i:1 1 i1i �.i -,
;: !]I . , �,W b*: �;.1.31;P!Ptdqu I red' dnthdt -1 2
01 & 1- : AWi%i3i!1!1h1, .
N1 1 r! 1!
Contractor/Supplier Name:
Motorola, Inc.
Contractor/Supplier Address:
6450 Sequence Dr., San Diego,
CA 92121
Original Contract Amount:*
Amendment Amount:* (if applicable)
New Contract Amount:
$756,937.09
$
$S756,937.09
(*Includes original contract and previously
(*Includes original contract and all amendments.
approved amendments)
('Current amendment only)
including current amendment)
tHi:,"con t rac or. will,". I
contractor: -:-'will,".
1:1 P0.41; 11;W VP !I.
Wilb HIP
Rj_;:;, U .1111 41: fil I Co ntract 1, .22, .
i, 1:11M !TV6 %hiliTdiffil, Uhl r 1� .
. F .:.: I -
11:11 V
%
Contract Type: Contract Term:
What account number
Select One: x Goods
will be used to
0 service i Begin. September, 27, 2003
purchase
El Goods & End. March 27, 2004
Bus Unit 30770101
Services
Obl. Code 83000 &
Bus Unit 21270101
Obj. Code 83000
W6, . .. .. ...
Ik Required
I -P1KVJ; 10
Department Head
Approved El Denied.
Ceptral Services Manager
0 Approved Denied
Administrative Services
Director.
Assistant City Administrator
❑ Approved El Denied
<
e ral Services Manage Date
Assist. City Adm./Date
Executive Direc r Dat
(Transactions exceeding S50,000
Adm. loss Dir. Iba4
must be council approved)
Remit complatedform td: Central Services Division
2000 Main St, Huntington Beach, CA 92648
9/2/2003
Administrative Services
Central Services Division 0
Complete responses must be provided for all of the following Items.
A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW:
1. Why is the acquisition restricted to this goods/services/supplier?
Motorola is the only supplier that can provide a laptop computer with a built in radio and modem that can operate
on the Police Department's proprietary radio network.
2. Provide the background of events leading to this acquisition.
The Police Department's new Computer Aided Dispatch/Records Management System offers many new
applications that cannot run on its existing Mobile Data Computers. They need to be replaced with faster
processors and greater storage capacities to utilize these enhanced features.
3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?)
The Police Department has its own radio frequency for transmitting data with 100% coverage throughout the city.
That infrastructure runs on Motorola's RDLAP protocol. To have portability and be able to transmit and receive on
the Police Department's wireless data network when the laptop is removed from the vehicle, Motorola's ML900 is
the only solution with built in hardware to accomplish this.
4. What are the consequences of not purchasing the goods/services or contracting with the proposed
supplier?
The Police Department would not be able to transmit and receive on its wireless data network when removed from
the vehicle without attaching other cumbersome equipment to the laptop. A heavy external modem and twelve volt
battery would need to be attached to the laptop.
5. What market research was conducted to substantiate no competition, Including evaluation of other Items
considered?
Police Department personnel tested a less expensive laptop. When used as a stand-alone device, it performed
well. But to have communications capabilities, a modem would have to be added to the car. Then to have
communications capabilities when the device is removed from the vehicle, additional hardware would need to be
added to the laptop as mentioned above (the external modem and twelve -volt battery). So by the time this
additional equipment is added to the cost of the less expensive laptop, the price is comparable to that of
Motorola's when the discount is applied.
B. PRICE ANALYSIS
1. How was the price offered determined to be fair and reasonable?
By comparing the cost of the additional communications equipment needed to make the less expensive devices
work, the base cost of Motorola's ML900 is comparable. Two additional Motorola modems (VRM 660), twelve -volt
batteries and antennas will cost approximately $3,500 for each device. Add the cost of the less expensive laptop
and its approximately the cost of Motorola's ML900 of $4,753.32, when the discount is applied. Plus, few officers
will utilize the communications functionality of a portable device if they must carry with them a twelve -volt
motorcycle battery.
2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.
By using a Motorola device, there are assurances that it will operate on the Police Department's existing radio
infrastructure. This would be a problem if multiple third party hardware is attached to less expensive laptops.
Also, the Police Department's radio shop personnel have received extensive training from Motorola to repair their
devices, specifically, and they maintain all Motorola radio equipment exclusively throughout the city.
9/2/2003
suo `ilv INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: 9/2/03
2. Date: September 2, 2003
3. Name of contractor/permittee: Motorola
4. Description of work to be performed: Replace Mobile Data Computers in Police Units
5. Value and length of contract: $756,937.09, Six Months
6. Waiver/modification request: Waiver of Liability, Hold Harmless and Insurance
7. Reason for request and why it should be granted: The purpose of this purchase and
installation of equipment is to modernize police communications and provide enhanced
capabilities available with the new CAD/RMS. This replacement will improve workflow and
also provide portibility for the officers. This project serves to reduce risk.
8. Identify the risks to the City in approving this waiver/modification: There is minimal risk to
the City in that the devices to be installed will be tested and approved before installation.
Since the radio backbone is Motorola, compatibility is assured.
Department Head �Tdnature
D e:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management
0 Approved ❑Denied
�zo
Signature Date
2. City Attorney's Office
Approved ❑ Denied 9-2 -�
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contracthas been approved,
this form is to be filed with the Risk Managemert Division of Administrative Services
radio waiver.doc 9/2/2003 8:59 AM