Resolution No. 97971
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RESOLUTION NO. 9797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
PURCHASE ORDER ACKNOWELDGEMENT WITH VISIONAIR,
INC., IN PARTNERSHIP WITH ADVANCED PUBLIC SAFETY,
INC., FOR THE PURCHASE OF AUTOMATED TICKET WRITING
DEVICES FOR THE POLICE DEPARTMENT
WHEREAS, the Police Department desires to purchase three
automated ticket writing devices (the "Equipment") to be used by the
patrol division for the purpose of automating the ticket writing
process in order to save time and money while improving accuracy and
convenience to officers and administrators alike; and
WHEREAS, VisionAir, Inc., has partnered with Advanced Public
Safety, Inc. (collectively, "VisionAir") in the development of
innovative technology solutions that improve the safety and
effectiveness of law enforcement officers and are the market leader in
electronic ticketing applications throughout the United States and
Canada; and
WHEREAS, the Chief of Police believes VisionAir, the Police
Department's current provider for records management, is the only
vendor who can provide the Equipment; and
WHEREAS, VisionAir has submitted a proposal for the software,
maintenance, implementation and hardware to provide the Equipment dated
December 5, 2008 for the sum of 47,620.00; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with VisionAir to purchase the
Equipment to enhance services provided to the Vernon community.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
11finds and determines that the recitals contained hereinabove are true
(land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Purchase Order Acknowledgement with VisionAir, in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk or Deputy City
Clerk is hereby authorized to attest thereto.
SECTION 4: The City Council of the City hereby authorizes
the City Administrator, or his designee, to make whatever non
substantive, administrative and/or text changes, upon advice of
counsel, to the Agreement.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take any action
deemed necessary to carry out or to perform such other acts and deeds
as may be necessary or convenient to effect the purposes of this
Resolution and the transactions herein authorized.
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send one fully executed
Agreement to:
VisionAir, Inc.
Attn. Mike Lyons, Chief Executive Officer
5601 Barbados Blvd.
Castle Hayne, NC 28429-5655
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 15th day of December, 2008.
ATTEST:
MA UELA GIRO Ci y Clerk
Name: Leonis . Mal urg
Title: Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9797, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, December 15, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRON, City Clerk
0
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r— 1 0 �... 1 R & 12/05/2008
"The Future of Public Safety Automation"
5601 Barbados Blvd QUOTE Phone: (800) 882-2108
Castle Hayne, NC 28429
}�rr�
Tax or N/T
Automated Citation Importer (ACI) Single Jurisdiction 1 VPSRMS032 $7,500.00 $7,500.00
taxable $7,500.00
Vision Software Sub Total: $7,500.00
RMS 8x5 Software Support VMERMS001 $1,125.00 taxable $ 1,125.00
Vision Maintenance Sub Total: $1,125.00
Vision Implementa�ian # X Part N�rmb�rT tai Pried
Project Management VSEPME001 $1,600.00 n/tax $ -
Remote Implementation VSEINS017 $1,800.00 n/tax $ -
Vision Implementation Sub Total: $3,400.00
APS Annual Maintenance
1
$5,785.00 taxable
$ 5,785.00
APS Project Management
1
$1,286.00 n/tax
$ -
APS Training
1
$2,000.00 n/tax
$ -
Intermec CM3 Handheld w/bluetooth&802.11 b/g, 2D Imager, 3
$6,693.00
Extended Battery, QWERTY Keypad, No GPS, No WAN
taxable
$ 6,693.00
Intermec CN3 Magstripe Reader
3
$675.00
taxable
$ 675.00
PocketCitation
3
$5,997.00 taxable
$ 5,997.00
Shipping and Handling
1
$152.00 n/tax
$ -
SmartConnect
3
$447.00 taxable
$ 447.00
SmartExport - VisionRMS
1
$10,000.00 taxable
$ 10,000.00
Thermal Paper Case - 36 rolls 80'
2
Zebra QL/RW420 $198.00 taxable
$ 198.00
Zebra RW420 Cable (serial, 6ft)
1
$40.00 taxable
$ 40.00
Zebra RW420 Printer w/ Bluetooth
3
$2,322.00 taxable
$ 2,322.00
Third Party Products and Services Sub Total: $35,595.00
Quote Sub Total: $47,620.00
$ 40,782.00
Quote Total Discounts:
x 8.25%
Quote Total Price: $47,620.00
$ 3,364.52
Taxes
$3364.52
Agency: Vernon Police Department
Sales Representative: Angela Shepherd 800-882-2108
Page 1 of 1
Purchase Order Acknowledgement
VISIONAIR is in receipt of the attached purchase. Acceptance of said order subject only
to the following conditions:
CLIENT desires to obtain from VISIONAIR, and VISIONAIR desires to grant
CLIENT, a perpetual, nontransferable, nonassignable license to use the
Licensed Software described herein, for its in-house use, upon payment of
the License Fee. Payment of the License Fee is solely for the right to use the
Licensed Software pursuant to the terms and conditions on the face and
attached addenda of this Agreement and does not constitute the purchase of
the Licensed Software or of any title thereto.
2. The Licensed Software, including original and any copies thereof, in whole or
in part, whether said original and copies are made by VISIONAIR or CLIENT
or anyone else and all copyright, patent and trade secret and other
intellectual and proprietary rights therein are and remain the property of
VISIONAIR.
CLIENT ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS OF
SUCH COMPLEXITY THAT IT MAY CONTAIN INHERENT DEFECTS, AND
AGREES THAT AS VISIONAIR'S LIABILITY AND AS CLIENT'S SOLE
REMEDY, VISIONAIR WILL PROVIDE ALL COMMERCIALLY
REASONABLE PROGRAMMING SERVICES TO CORRECT
DOCUMENTED CODE ERRORS WHICH DIAGNOSIS INDICATES WERE
CAUSED BY A DEFECT IN AN UNALTERED VERSION OF THE
DELIVERED LICENSED SOFTWARE. THIS , REMEDY IS LIMITED TO
DOCUMENTED "CODE ERRORS" ONLY AND DOES NOT INCLUDE
ADDITIONAL FEATURES OR CUSTOMIZATION AGREED TO BY THE
PARTIES. THIS NONTRANSFERABLE WARRANTY IS VALID FOR A
PERIOD OF ONE (1) YEAR, BEGINNING ON THE DATE THAT THE
LICENSED SOFTWARE IS FIRST USED OPERATIONALLY BY THE
CLIENT. ANY CLAIM OF WARRANTY MUST BE MADE NOT MORE THAN
THIRTY (30) DAYS AFTER THE EXPIRATION OF THE WARRANTY
PERIOD SPECIFIED IN THIS SECTION.
4. THE WARRANTIES CONTAINED IN THIS SECTION CONSTITUTE THE
ONLY WARRANTIES MADE BY VISIONAIR WITH RESPECT TO THIS
AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF, AND CLIENT
HEREBY WAIVES, ALL OTHER WARRANTIES OR GUARANTEES OF
VISIONAIR, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT
TO THE QUALITY, ACCURACY, OR FREEDOM FROM ERROR OF
OPERATION, USE, AND FUNCTION OF THE LICENSED SOFTWARE.
5. Except for the indemnification provisions of this Article, claims arising from
either party's breach of its confidentiality obligations, and claims for bodily
injury or tangible property damage caused by the fault of either party,
VISIONAIR's and CLIENT's liability for damages under this Agreement,
whether arising in contract, tort, or otherwise, even if the breaching party has
been advised of the possibility of such damages, shall not exceed the amount
of Software License fees actually paid by CLIENT to VISIONAIR under this
Agreement. UNDER NO CIRCUMSTANCE SHALL ANY PARTY BE LIABLE
FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN
IF THE BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. This Acknowledgment shall be governed by the laws of the State of North
Carolina. All claims concerning the validity, interpretation, or performance of
any of its terms and provisions, or any of the rights or obligations of the
parties hereto, shall be instituted and prosecuted in Wake County, NC, or if
applicable, the appropriate federal jurisdiction.
7. CLIENT will pay all invoices from VISIONAIR within thirty (30) days upon
receipt. Payment Terms for Invoicing: (See attached quote) Payment for
VisionAIR items (products and services) is due upon delivery. Third -party
products, including hardware and software, will be invoiced when VisionAIR
places an order with the third -party. Third -party services are due upon
delivery. These payment terms will govern this order unless agreed to in
writing at the time order is placed by VisionAIR and Client. Purchases are
subject to applicable taxes.
Software Support begins when the software application module(s) is/are
installed for operational use on client system and is automatically renewed
every year unless sixty (60) days written notice is given prior to the start of
the renewal period.
Signed: Signed:
in
By:
Title: Title:
Date: Date:
070706 Rev01
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
January 5, 2009
VisionAir Inc.
Attn: Mike Lyons, Chief Executive Officer
5601 Barbados Blvd.
Castle Hayne, NC 28429
Re: Order Acknowledgement with Visionair, Inc. in Partnership with
Advanced Public Safety
Dear Mr. Lyons:
Transmitted herewith is a fully executed purchase order
acknowledgement agreement as referenced above, approved by City
Council on December 15, 2008, through Resolution No. 9797.
If you have any questions regarding this matter, please call Chief of
Police Towles, at (323) 583-8811 ext. 114.
Very truly yours,
Nelly Giron
City Clerk
NG:dj
c: Steve Towles
Purchasing Department
Resolution No. 9797
Agreement No. 08-128
EXcfusivefy industrial
Purchase Order Acknowledgement
VISIONAIR is in receipt of the attached purchase. Acceptance of said order subject only
to the following conditions:
CLIENT desires to obtain from VISIONAIR, and VISIONAIR desires to grant
CLIENT, a perpetual, nontransferable, nonassignable license to use the
Licensed Software described herein, for its in-house use, upon payment of
the License Fee. Payment of the License Fee is solely for the right to use the
Licensed Software pursuant to the terms and conditions on the face and
attached addenda of this Agreement and does not constitute the purchase of"
the Licensed Software or of any title thereto.
2. The Licensed Software, including original and any copies thereof, in whole or
in part, whether said original and copies are made by VISIONAIR or CLIENT
or anyone else and all copyright, patent and trade secret and other
intellectual and proprietary rights therein are and remain the property of
VISIONAIR.
3. CLIENT ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS OF
SUCH COMPLEXITY THAT IT MAY CONTAIN INHERENT DEFECTS, AND
AGREES THAT AS VISIONAIR'S LIABILITY AND AS CLIENT'S SOLE
REMEDY, VISIONAIR WILL PROVIDE ALL COMMERCIALLY
REASONABLE PROGRAMMING SERVICES TO CORRECT
DOCUMENTED CODE ERRORS WHICH DIAGNOSIS INDICATES WERE
CAUSED BY A DEFECT IN AN UNALTERED VERSION OF THE
DELIVERED LICENSED SOFTWARE. THIS REMEDY IS LIMITED TO
DOCUMENTED "CODE ERRORS" ONLY AND DOES NOT INCLUDE
ADDITIONAL FEATURES OR CUSTOMIZATION AGREED TO BY THE
PARTIES. THIS NONTRANSFERABLE WARRANTY IS VALID FOR A
PERIOD OF ONE (1) YEAR, BEGINNING ON THE DATE THAT THE
LICENSED SOFTWARE IS FIRST USED OPERATIONALLY BY THE
CLIENT. ANY CLAIM OF WARRANTY MUST BE MADE NOT MORE THAN
THIRTY (30) DAYS AFTER THE EXPIRATION OF THE WARRANTY
PERIOD SPECIFIED IN THIS SECTION.
4. THE WARRANTIES CONTAINED IN THIS SECTION CONSTITUTE THE
ONLY WARRANTIES MADE BY VISIONAIR WITH RESPECT TO THIS
AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF, AND CLIENT
HEREBY WAIVES, ALL OTHER WARRANTIES OR GUARANTEES OF
VISIONAIR, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT
TO THE QUALITY, ACCURACY, OR FREEDOM FROM ERROR OF
OPERATION, USE, AND FUNCTION OF THE LICENSED SOFTWARE.
5. Except for the indemnification provisions of this Article, claims arising from
either party's breach of its confidentiality obligations, and claims for bodily
injury or tangible property damage caused by the fault of either party,
VISIONAIR's and CLIENT's liability for damages under this Agreement,
whether arising in contract, tort, or otherwise, even if the breaching party has
been advised of the possibility of such damages, shall not exceed the amount
of Software License fees actually paid by CLIENT to VISIONAIR under this
Agreement. UNDER NO, CIRCUMSTANCE SHALL ANY PARTY BE LIABLE
FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN
IF THE BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. This Acknowledgment shall be governed by the laws of the State of North
Carolina. All claims concerning the validity, interpretation, or performance of
any of its terms and provisions, or any of the rights or obligations of the
parties hereto, shall be instituted and prosecuted in Wake County, NC, or if
applicable, the appropriate federal jurisdiction.
7. CLIENT will pay all invoices from VISIONAIR within thirty (30) days upon
receipt. Payment Terms for Invoicing: (See attached quote) Payment for
VisionAIR items (products and services) is due upon delivery. Third -party
products, including hardware and software, will be invoiced when VisionAIR
places an order with the third -party. Third -party services are due upon
delivery. These payment terms will govern this order unless agreed to in
writing at the time order is placed by VisionAIR and Client. Purchases are
subject to applicable taxes.
8. Software Support begins when the software application module(s) is/are
installed for operational use on client system and is automatically renewed
every year unless sixty (60) days written notice is given prior to the start of
the renewal period.
Signed: kot.� u ��
BY:[VI I %.-C,
Title: -
Date: 1 112 �c
070706 Rev01
Signed:
By:
Title:
Date:
5. Except for the indemnification provisions of this Article, claims arising from
either party's breach of its confidentiality obligations, and claims for bodily
injury or tangible property damage caused by the fault of either party,
VISIONAIR's and CLIENT's liability for damages under this Agreement,
whether arising in contract, tort, or otherwise, even if the breaching party has
been advised of the possibility of such damages, shall not exceed the amount
of Software License fees actually paid by CLIENT to VISIONAIR under this
Agreement. UNDER NO CIRCUMSTANCE SHALL ANY PARTY BE LIABLE
FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN
IF THE BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. This Acknowledgment shall be governed by the laws of the State of North
Carolina. All claims concerning the validity, interpretation, or performance of
any of its terms and provisions, or any of the rights or obligations of the
parties hereto, shall be instituted and prosecuted in Wake County, NC, or if
applicable, the appropriate federal jurisdiction.
7. CLIENT will pay all invoices from VISIONAIR within thirty (30) days upon
receipt. Payment Terms for Invoicing: (See attached quote) Payment for
VisionAIR items (products and services) is due upon delivery. Third -party
products, including hardware and software, will be invoiced when VisionAIR
places an order with the third -party. Third -party services are due upon
delivery. These payment terms will govern this order unless agreed to in
writing at the time order is placed by VisionAIR and Client. Purchases are
subject to applicable taxes.
8. Software Support begins when the software application module(s) is/are
installed for operational use on client system and is automatically renewed
every year unless sixty (60) days written notice is given prior to the start of
the renewal period.
Signed:
By:
Title:
Date:
Signed:
By: Loonis C. Malburg
Title: Mayor / _May-e—Tem-
Date: / 16
A' T S T
MANUELA GIRON, i y Clerk
070706 Rev01 APPROVED AS/TO FORM:
JE ISON, City Attorney
EXHIBIT A
"— S 0 1 Vow• J ice. 1 'R 12/05/2008
"The Future of Public Safety Automation"
5601 Barbados Blvd QUOTE Phone: (800) 882-2108
Castle Hayne, NC 28429
Automated Citation Importer (ACI) Single Jurisdiction 1 VPSRMS032 $7,500.00 $7,500.00
Tax or NTT
taxable $7,500.00
Vision Software Sub Total: $7,500.00 /
RMS 8x5 Software Support VMERMS001 $1,125.00 taxable $ 1,125.00
Vision Maintenance Sub Total: $1,126.00
Project Management'fVSEPME001 $1,600.00 n/tax $ -
Remote Implementation VSEINS017 $1,800.00 n/tax $ -
Vision Implementation Sub Total: $3,400.00
ThJrd�Party Products and Servrces> PartNumberf Total Pnce,
APS Annual Maintenance 1 $5,785.00 taxable
APS Project Management 1 $1,286.00 n/tax
APS Training 1 $2,000.00 n/tax
Intermec CM3 Handheld w/bluetooth&802.11 b/g, 2D Imager, 3 $6,693.00
Extended Battery, QWERTY Keypad, No GPS, No WAN
taxable
Intermec CN3 Magstripe Reader 3 $675.00
PocketCitation 3
Shipping and Handling 1
SmartConnect 3
SmartExport - VisionRMS 1
Thermal Paper Case - 36 rolls 80' 2
Zebra RW420 Cable (serial, 6ft) 1
Zebra RW420 Printer w/ Bluetooth 3
Agency: Vernon Police Department
Zebra QL/RW420
taxable
$5,997.00 taxable
$152.00 n/tax
$447.00 taxable
$10,000.00 taxable
$198.00 taxable
$40.00 taxable
$2,322.00 taxable
Third Party Products and Services Sub Total: $35,595.00
Quote Sub Total: $47,620.00
Quote Total Discounts:
Quote Total Price: $47,620.00
Sales Representative: Angela Shepherd 800-882-2108
$ 5,785.00
$ 6,693.00
$ 675.00
$ 5,997.00
$ 447.00
$ 10,000.00
$ 198.00
$ 40.00
$ 2,322.00
$ 40,782.00
x 8.25%
$ 3,364;52
Taxes
$3364.52
Page 1 of 1
Memo
4
To:
Chief Towles
From:
Capt. James Rodino
Date:
December 5, 2008
Re:
Purchase of Ticket Writing Devices
Executive Summary
APPROVED DEC 15 '08 CITY COUNCIL
CITY C ERK PSTR
UTION
This proposal is for the purchase of three automated ticket writing devices for the police
department. These devices will be used by the patrol division for the purpose of automating the
ticket writing process. Visionair will be the sole source provider for this project. The cost of the
project for three handheld devices is $47,620.00. The price includes:
• Software
• Maintenance
• Implementation
• Hardware
Currently, ticketing paperwork consumes a considerable amount of time, effectively tying up traffic
officers as they complete, by hand, traffic citations. Citations without any complications can take a
considerable amount of time'to complete. Moreover, accuracy and legibility come into question
when issuing manual citations. It has been estimated that five percent of parking tickets issued
were unenforceable because of errors or illegibility. Currently, completed tickets must be reviewed
by a supervisor to correct human errors, consuming even more working hours.
To improve this, the police department researched a computer -based ticket writing system that met the
specific requirements for field.use. We sought a device that was: a) a lightweight yet rugged, b) had
user friendly software utilizing pull -down menus and able to service our different ticket types, c) had
portable printing capability, d) utilized magnetic driver's license readers (to automatically import data
from a violator's driver's license), e) had fingerprint readers (for violators who lack identification), and,
most importantly, f) was compatible with our Records Management System. Only one product offered
all of this in a single handheld unit the Intermec CM3 offered by Visionair. Further, Visionair is our
RMS provider and, thus, the device is compatible with our RMS.
• Page 1
Because Visionair is the company offering these fully integrated devices (PDA computer, fingerprint
reader, magnetic stripe reader, and printer —all in one) and is compatible with our RMS Visionair is the
sole vendor meeting Vernon's needs. The Police Department requests that the City Council waive the
bid process and approve the budgeted purchase of three devices with software, licenses,
implementation service, and support, for $50,984.52 (which includes tax).
0 Page 2