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HomeMy WebLinkAboutPD13-147 - Original - 3M - Automated License Plate Readers - 05/20/2013 KENT WnZMJ..Glc.. GOODS & SERVICES AGREEMENT between the City of Kent and 3M THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and 3M organized under the laws of the State of Tennessee, located and doing business at 804 Innovation Drive, Knoxville, TN 37932, Ph: 562-843-1066, Representative: Louis Wershaw (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Two ALPR, mobile law enforcement packages; annual maintenance warranties for camera mobile and back office systems; installation of hardware, training and shipping of equipment. See Exhibit 1 - 3M Quote for goods and services for more details. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. 11. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services 4-6 weeks from placement of the City's purchase order. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $38,582, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT- 1 (Over$10,000,00, Including WSST) Payment is due to the vendor net 30 days, per the quote. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work_. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS &SERVICES AGREEMENT - 2 (Over.$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS &SERVICES AGREEMENT- 3 (Over$10,000,00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 365 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work, such acceptance not to be unreasonable withheld. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and GOODS &SERVICES AGREEMENT - 4 (Over$'10,000,00, mcludingWSST) accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, Its officers, officials, and employees harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 2 attached and incorporated by this reference. XIII. WORK (PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS &SERVICES AGREEMENT- 5 (Over$10,000,00, Including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. K. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, Including WSST) to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR:y CITY OF KENT: C 2Z.7-,4- (sjdnatu'rn�l By: By4Na (signature) Print Name; niel 1. McGurran Pria uzette Cooke Its Business Director - Motor Vehicle Safety ItsMa or and Services. (tide) DATE: zz 3 DATE: May 17, 2013 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Linda M. Gondringer, Contracts and Kenneth Thomas, Chief of Police Agreements Manager City of Kent 3M Traffic Safety and Security Division 220 Fourth Avenue South Building 0235-03-A-09, 3M Center Kent, WA 98032 St. Paul, MN 55144-1000 (253) 856-5800 (telephone) 651-736-3198 (telephone) (253) 856-6802 (facsimile) 651-733-5012 (facsimile) APPROVED AS TO FO M: c Kent Law Departmen (In the field,yee mey enter on eler>hank Isapahl where the cootie*has been ww07 GOODS & SERVICES AGREEMENT- 7 (Over$10,000.00, including WSS7) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this /7 11(. day of May, 2013. 1 By: 14 L�l For:3M Compa Title:Business Director - Motor Vehicle Systems and Services Date:May Q, 2013 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating 44 commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 lMway PIPS 3M General Offices 804 Innovation Drive TECHNOLOGY Knoxville,TN 37932 (865)392-5540 Sgt Rob Scholl November 26, 2012 Kent Police Department 220 4h Avenue South Kent, WA 98032 REF: Trade in of 2 Gold SupeRex 1 ALPR Systems and Extended Warranty and Maintenance for One (1) Mobile Law Enforcement Automatic License Plate Recognition (ALPR) 4-Camera System with "PAGIS" and BOSS. Rob, Thank you for the opportunity to quote our Mobile Law Enforcement Automated License Plate Recognition (ALPR) System referred to as PAGIS On September 4, 2012, 3M Company completed its acquisition of the business of Federal Signal Technologies Group, including PIPS Technology. PIPS Technology has been the industry leader in Automated License Plate Recognition (ALPR) systems worldwide for over 20 years with over 20,000 cameras in operation in 33 countries 3M is a global leader in providing traffic products, systems and services for transportation safety, traffic management, vehicle registration and commercial transportation markets for over 70 years, making PIPS Technology a natural fit to the 3M business 3M is committed to provide the same level of quality that made PIPS Technology an industry leader. When considering an ALPR vendor I hope you will take into consideration the following key points about our company, Our only market focus is specializing in Automated License Plate Recognition technologies ■ As an Original Equipment Manufacturer, we design, manufacture, and develop our own hardware and software - we control the quality and support of our products from start to finish ■ All of our mobile ALPR products are manufactured in the USA (Knoxville, TN). • 3M offers an ALPR "back-end" analysis software package (Back Office Server Software: BOSS) that provides data-mining of "historic' license plate information obtained and stored from all deployed mobile (and fixed) systems from within your department which can be integrated with other PAGIS / BOSS users to share and data mine their historic plate information. • We have established sales and support offices in California, Illinois and Tennessee. • We are partnered with many other law enforcement agencies in California and have first level (sales, installation, trouble-shooting, replacement of broken/damage parts, etc) support partners located in Northern California, Washington and Oregon. I am pleased to provide you with the following pricing to trade in and upgrade your 3 camera ALPR systems currently installed on Units # 3822 and #3892 for two (2) Four-camera new Slate "low profile" ALPR systems "hard" mounted and integrated into your existing MDC systems in your patrol vehicles and upgraded BOSS with Mapping installed on your agency provided server. f­M PIPS 3M General Offices 804 Innovation Drive lr TECHNOLQGY Knoxville,TN 37932 (865)392-5540 SLATE-810-LE-P Mobile Law Enforcement Package - Four Slate low $18,700 2 $ 37,400 profile camera(s)810nm illumination, SupeRex III -$3,740 -$ 7,480 processor, camera cable/connector(s), GPS $14,960 $ 29,920 module, PAGIS software, 3M ALPR/OCR Engine, Client/Server architecture, Light bar Mounting Bracket(s)and Plate(s)for approved light bar assemblies software, 3M ALPR/OCR Engine, Client/Server architecture, camera mounting bracket(s) Customer to supply laptop with available Ethernet port, or order separately from 3M (PIPS-MDT) *Trade in of Gold Su eRex I processors PIPS-SRVC- Annual maintenance cost for the 3M 4-camera $1,500 1 $ 1,500 MAINT- mobile system including the PAGIS in-car display MOBILE4 software and OCR Unit #3830 *Coverage expired June 2012 PIPS-SRVC- Annual maintenance cost for the 3M BOSS back $75 3 $ 225 MAINT-BOSS office system software -calculated based on the number of concurrent users at the agency INSTALLATION Field Engineering services for installation of $800 2 $ 1,600 hardware PIPS-SRVC-FE- Field Engineering services for re-commissioning $1,800 1 $1,800 MOBILE and training SHIPPING Shipping $95 2 $190 Sub Total $35,235.00 Payment Terms Net 30 days Tax Tax $ N/A Total: $35,235.00 This quote is valid for 120 days and are subject to 31VI's terms and condition of warranty and sale PIPS 3M General Offices 804Innovation Drive R TecalloLcn.x Knoxville,TN 37932 (865)392-5540 Scope of Work: Our quote includes installation on the systems. Payment terms are net 30 days. All 3M equipment hardware and software is covered by a one-year parts and labor warranty. Maintenance agreements are available for both our hardware and software products. These agreements supply you with upgrades and improvements to our Optical Character Recognition (OCR) engine for enhanced plate detection capabilities and software upgrades for BOSS and PAGIS in addition to all hardware sold by 3M (cameras, processor, cables, connectors and/or touch screen monitor). The cost for this optional coverage is $1,500, per system, per year, for the second year and each year thereafter (after initial warranty expiration). Please let me know if you require any other information. I can be reached directly at 562- 843-1066 should you have any questions regarding the content of this quotation. We look forward to partnering with your organization. Kindest regards, Louis Wershaw 3M, formerly PIPS Technology Regional Sales Manager PIPS 3M General Offices 804 Innovation Drive TECHNOLOGY Knoxville,TN 37932 (865)392-5540 Sgt Rob Scholl November 26, 2012 Kent Police Department 220 4th Avenue South Kent, WA 98032 REF: Trade in of 2 Gold SupeRex 1 ALPR Systems and Extended Warranty and Maintenance for One (1) Mobile Law Enforcement Automatic License Plate Recognition (ALPR) 4-Camera System with "PAGIS" and BOSS. Rob, Thank you for the opportunity to quote our Mobile Law Enforcement Automated License Plate Recognition (ALPR) System referred to as PAGIS. On September 4, 2012, 3M Company completed its acquisition of the business of Federal Signal Technologies Group, including PIPS Technology. PIPS Technology has been the industry leader in Automated License Plate Recognition (ALPR) systems worldwide for over 20 years with over 20,000 cameras in operation in 33 countries 3M is a global leader in providing traffic products, systems and services for transportation safety, traffic management, vehicle registration and commercial transportation markets for over 70 years, making PIPS Technology a natural fit to the 3M business. 3M is committed to provide the same level of quality that made PIPS Technology an industry leader. When considering an ALPR vendor I hope you will take into consideration the following key points about our company: ■ Our only market focus is specializing in Automated License Plate Recognition technologies ■ As an Original Equipment Manufacturer, we design, manufacture, and develop our own hardware and software — we control the quality and support of our products from start to finish ■ All of our mobile ALPR products are manufactured in the USA (Knoxville, TN). ■ 3M offers an ALPR "back-end" analysis software package (Back Office Server Software: BOSS) that provides data-mining of "historic" license plate information obtained and stored from all deployed mobile (and fixed) systems from within your department which can be integrated with other PAGIS / BOSS users to share and data mine their historic plate information. ■ We have established sales and support offices in California, Illinois and Tennessee. ■ We are partnered with many other law enforcement agencies in California and have first level (sales, installation, trouble-shooting, replacement of broken/damage parts, etc) support partners located in Northern California, Washington and Oregon I am pleased to provide you with the following pricing to trade in and upgrade your 3 camera ALPR systems currently installed on Units # 3822 and #3892 for two (2) Four-camera new Slate "low profile" ALPR systems "hard" mounted and integrated into your existing MDC systems in your patrol vehicles and upgraded BOSS with Mapping installed on your agency provided server. formerly 3M General Offices 804 Innovation Drive TECHNOLOGY Knoxville,TN 37932 (865)392-5540 SLATE-810-LE-P Mobile Law Enforcement Package-Four Slate low $18,700 2 $ 37,400 profile camera(s)810nm illumination, SupeRex III -$3,740 -$ 7,480 processor, camera cablelconnector(s), GPS $14,960 $ 29,920 module, PAGIS software, 3M ALPR/OCR Engine, Client/Server architecture, Light bar Mounting Bracket(s)and Plate(s)for approved light bar assemblies software, 3M ALPR/OCR Engine, Client/Server architecture, camera mounting bracket(s) Customer to supply laptop with available Ethernet port, or order separately from 3M (PIPS-MDT) "Trade in of Gold Su eRex I processors PIPS-SRVC- Annual maintenance cost for the 3M 4-camera $1,500 1 $ 1,500 MAINT- mobile system including the PAGIS in-car display MOBILE4 software and OCR Unit #3830 *Coverage ex fired June 2012 PIPS-SRVC- Annual maintenance cost for the 3M BOSS back $75 3 $ 225 MAINT-BOSS office system software-calculated based on the number of concurrent users at the agency INSTALLATION Field Engineering services for installation of $800 2 $ 1,600 hardware PIPS-SRVC-FE- Field Engineering services for re-commissioning $1,800 1 $1,800 MOBILE and training SHIPPING Shipping $95 2 $190 Sub Total $35,235.00 Payment Terms Net 30 days Tax Tax $ NIA Total- $35,235.00 This quote is valid for 120 days and are subiect to 31VI's terms and condition of warranty and sale rom,ody PIPS 3M General Offices 804 Innovation Drive �recHNoL®w Knoxville,TN 37932 (865)392-5540 Scope of Work: Our quote includes installation on the systems. Payment terms are net 30 days. All 3M eouioment hardware and software is covered by a one-year parts and labor warranty. Maintenance agreements are available for both our hardware and software products These agreements supply you with upgrades and improvements to our Optical Character Recognition (OCR) engine for enhanced plate detection capabilities and software upgrades for BOSS and PAGIS in addition to all hardware sold by 3M (cameras, processor, cables, connectors and/or touch screen monitor). The cost for this optional coverage is $1,500, per system, per year, for the second year and each year thereafter (after initial warranty expiration). Please let me know if you require any other information. I can be reached directly at 562- 843-1066 should you have any questions regarding the content of this quotation. We look forward to partnering with your organization. Kindest regards, Lo u f k W P.v'Sh" Louis Wershaw 3M, formerly PIPS Technology Regional Sales Manager EXHIBIT 2 INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,006 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with It. EXHIBIT, (Continued) 2. T1 r i_ i�iau�niriti oi�ai '- - -'--' to N�_ average shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Cityby 3m. W\8 IA,)orktr's C,>v-pemt sa.-F;o-,-, 3. The City of Kent shall be naredacs an additional insured on all policies(except Professional Liabilityspects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. `' R CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 07/19/20 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require anendorsement A statement on this certificate does not confer rights tothe certificate holder In lieu of such endorsement(s) PRODUCER CONTACT NAME Willis of Minnesota, Inc. PHONE FAX C/o 26 Century Blvd. 877-945-7378 888-467-2378 P O. Box 305191 E-MAIL certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Old Republic Insurance Company 24147-001 INSURED 3M Company INSURER 3M Insurance Department INSURER Bldg 224-5S-29 St. Paul, MN 55144 INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER-18253072 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OFINSURAN INSURANCE ADD' SUB NSP POLICY NUMBER POLICYEFF POLICYEXP LIMITS A GENERAL LIABILITY MWZY 59131 3/1/2011 3/1/2014 EACH OCCURRENCE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(E..El rance $ 1,000,000 CLAIMS-MADE[—XI OCCURMED EXP(Any one person) $ 10 000 PERSONAL&ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5 000 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 51000,000 POLICY PRO LOC $ g AUTOMOBILE LIABILITY MWTB 21146 3/1/2011 3/1/2014 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO BODILY INJ URY(Per person) $ ALLOWNED SCHEDULED BODILY INJURV(Per accident) $ AUTOS AUTOS HIREDAUTOS NON OWNED PROPERTY DAMAGE AUTOS (Perawident) S UMBRELLA LIAB OCCUR EACHOCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION MWC116992 01 /1/2012 3/1/2013 X AND EMPLOYERS'LIABI LIN ANY PROPRIETOWPARTNER/EXECUTIVE YIN N/A EL EACH ACCIDENT $ 5,000,000 OFFICE W MEM EER EXCLUDED? 1MandatoryinNH) E L DISEASE.EA EMPLOYEE $ 5,000,000 f yes desc,ibe ender DESCRIPTION OF OPERATIONS below rE-POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more spaces required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Evidence of Coverage Coll:3800299 Tpl:1404759 Cert: 8 53072 ©1988- 010ACORDCORPORATION.Allrightsreserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Ori inator's Name: Kim Komoto Dept/Div. Law/Police Extension: 5788 Date Sent: May 17, 2013 Date Required: May 20, 2013 Return to: Kim Komoto CONTRACT TERMINATION DATE: June 30, 2013 VENDOR: 3M DATE OF COUNCIL APPROVAL: A it 16, 2013 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The Kent Police Department applied for and received a grant from the Washington Auto Theft Prevention Authority for the purchase of two automated license plate readers, devise installation and maintenance, software upgrades, and training the in amount of $35,235. This contract is for the purchase of the automated license plate readers with the 3M company. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: IVED Law Dept. Comments: MAY I 2013 ?k NTH . i.,F RE.0 IVED =DateForwardecd to Mayor: _t _ MAY 17 2013 Shaded Areas To Be Col mpleted By Administrati Of Kent Received C IVED Recommendations and Comments: MAY 202013 CfiYCCLERK Disposition: Date Returned: CITY OF KENT LAW DEPARTMENT CIVIL DIVISION 220 41'Avenue South Kent, WA 98032 KEN T Fax. 253-856-6770 WASHINGTON PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Debra LeRoy, Police Department Research and Development Analyst CC: Ken Thomas, Police Chief Date: May 2, 2013 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Automated License Plate Readers The City's Police Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for the purchase of two automated license plate readers, device installation, maintenance, software upgrades, and training from 3M_. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. The grant applied for and received expires on June 30, 2013 and it would be in the city's best interest, under these circumstances to be able to purchase the ALPRs, installation, maintenance, software updates and training are available through 3M. The cost is approximately $38,582, including sales tax. ALPR's local service provider is an affiliate of 3M and is Auto Additions, 2641 Willamette Drive N.E., Suite K, Lacey, Washington 98516. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Police Department requests that you indicate your approval by signing below. CITY OF NT heurt C oke, May r KENT N n 5 H I N G I O N Agenda Item: Consent TO: City Council DATE: April 16, 2013 SUBJECT: Washington Traffic Safety Equipment Grant - Accept MOTION: Accept the Washington Auto Theft Prevention Authority grant funding in the amount of $35,235, for the purchase of two automated license plate readers, device installation, maintenance, software upgrades, and training, authorize amending the budget and expending the funds in accordance with the grant terms, with terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: The Kent Police Department applied for and received a grant from the Washington Auto Theft Prevention Authority for the purchase of two automated license plate readers, devise installation and maintenance, software upgrades, and training in the amount of $35,235.00 The grant funds must be expended by June 30, 2013 EXHIBITS: Washington Auto Theft Prevention Authority Grant Application and Award Letter RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None