R-1144 - 12/13/2011 - POLICE DEPARTMENT - Resolutions Supporting DocumentsITEM 7.r.7)
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AGENDAITEM
Regular Board of Trustees Meeting
of
December 13, 2011
SUBJECT: Award of Contract — Digital Ally
FROM: Blaine Wing, Assistant Village Manager, Lt. Jason Cates, Support Services Division
Commander, Jim Fox, Information Technology Manager
BUDGET SOURCE/BUDGET IMPACT: DUITC (10 -2515) $17,500; Court Supervision Fund (10-
2511) $34,000; Police General Equipment (621/65000) $3,800; and Police Equipment Maintenance
(621/72300) $6,000 for this purchase.
RECOMMENDED MOTION: I move that the Village Board waive competitive bidding and
approve the purchase of ten (10) DVM750 digital video mirror in -car video kits. from
Digital Ally, Overland Park, KS subject to staff review, for the total cost of $51,200 as
indicated on the attached proposal tabulation (Attachment 1).
Background/History:
The Oak Brook Police Department began equipping our marked patrol vehicles with in -car
camera systems in 1996. Full implementation was achieved in 1998. The primary purpose of
those systems was, and remains, to create an audio and video recording of all traffic stops. Those
videos are then serve as evidence in criminal cases and assist in resolving citizen complaints. The
first generation of in -car cameras were replaced in 2003 and those systems were subsequently
replaced in May of 2007. Our current system is now five (5) years old and no longer meets the
operational needs of the Police Department as units are no longer capable of adhering to the
evidentiary requirements established by judges in court. The current in -car camera system does
not consistently function as designed and will not upload video to the server as intended. For all
practical purposes our Police Officers are currently working without the benefit of in -car video
recording systems. Additionally, our current system is no longer distributed by the manufacturer
and is not covered by their warranty. The maintenance costs (staff time as well as material) have
only compounded the issue of serviceability and rendered retention of the current system
prohibitive.
In October of 2011, at the direction of the Assistant Village Manager and with the assistance of
the Information Technology Manager, the Police Department identified four (4) potential
replacement systems. Those systems and their associated costs are listed in Table 1.
UV. \
TABLE
Company
Digital Ally
DVM750
Kustom Signal
G3 Vision
Federal Signal
DTX
L -3 Communications
Mobile Vision- Flashback 2
Cost Per Unit
$4,995
$5,481
$3,995
$5,453
Software
Licensing
$1,000
Unlimited
$2,000
3 Licenses
$2,990
6 Licenses
$2,993
Unlimited
Included Warranty
2 Years
13 Months
1 Year
I Year
Each manufacturer was asked to demonstrate their product to the Police Department Command
Staff with the Information Technology Manager being present for each of the demonstrations. At
the conclusion of those demos, the DVM750 manufactured by Digital Ally was unanimously
selected for a field evaluation. That selection was based on the system's ability to meet our
evidentiary needs, the methods of video upload, the presence of three cameras (one forward
facing & two interior), the simplicity of installation, the seamless integration of the system with
our current interior layout, the straightforward method of repair (exchange one of three parts for
replacement) and the duration of the manufacturer's warranty. The less expensive Federal Signal
system did not meet our evidentiary needs, did not include a passenger compartment camera
capable of recording the driver, and was significantly more time consuming to install.
On November 21, 2011 Digital Ally installed a DVM750 for evaluation. The Village's Mechanic
participated in that installation and found the process to be exceptionally simple with installation
taking less than two (2) hours. The system was tested by Patrol Officers from each shift and
found to function as intended. The system uploaded video via a video flashcard and "burned"
evidentiary videos directly to DVD.
The Worth Police Department currently utilizes the DVM500+ in -car camera system in five (5)
of their patrol vehicles. The DVM500+ utilizes the same software and upload technology relied
upon by the newer DVM750. On December 7, 2011 Village Staff met with members of the
Worth Police Department at their facility to observe the operational use of their systems. We
spoke with a Patrol Officer, the Deputy Chief, and the Chief of Police; all of whom were
extremely complementary of the system. To date they have not experienced any failures and
have found the level of support provided by Digital Ally to be exceptional.
Recommendation:
Staff is recommending that the Village Board waive bidding per the State's technology exemption
and authorize the purchase of ten (10) DVM750 digital video mirror in -car video kits from
Digital Ally, Overland Park, KS, for the total cost of $51,200. Additional costs associated
with this project include: one (1) 4- Terabyte server at $6,230 and two (2) wireless (win)
access upload points $900. Total project cost: $58,330.
This recommendation is in large part based on feedback from the Police Officers that rely
on this technology on a daily basis and is strongly supported by the Village's Manager's
Office, the Police Department's Administrative staff, and the ITS Division.
RESOLUTION 2011- PD -PG -R -1144
A RESOLUTION APPROVING THE WAIVER OF
COMPETITIVE BIDDING AND THE PURCHASE OF IN -CAR
CAMERA SYSTEMS FOR THE VILLAGE POLICE DEPARTMENT
WHEREAS, the Village Police Department has identified the need to replace and upgrade the in-
car video camera systems used by police officers in marked patrol vehicles ( "In -Car Cameras "); and
WHEREAS, the In -Car Cameras are a specialty item, and there are few available suppliers that
are capable of providing In -Car Cameras for installation; and
WHEREAS, because of the limited number of qualified suppliers of the In -Car Cameras, the
Village solicited quotes from those persons familiar with, and known to work with, In -Car Cameras, and
the Police Department conducted field tests of In -Car Cameras to evaluate their suitability for use by the
Police Department; and
WHEREAS, in light of the limited number of qualified suppliers, and based on the solicitations and
field tests for the In -Car Cameras, the Village Manager has recommended that the Village waive
competitive bidding and approve a proposal for the In -Car Cameras with Digital Ally in an amount not to
exceed $51,200 (the 'Recommended Proposal'), which Recommended Proposal is attached to this
Resolution as Exhibit A; and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to so waive competitive bidding
and to approve the Recommended Proposal;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding
requirements for the purchase of the In -Car Cameras shall be, and they are hereby, waived in
accordance with the Section 8 -9 -1 of the Illinois Municipal Code and Section 1 -7-4 of the Village
Municipal Code.
Section 3: Approval of Purchase of In -Car Cameras. The purchase of 10 "DVM 750" In -Car
Cameras from Digital Ally pursuant to the Recommended Proposal in a total amount not to exceed
$51,200 shall be, and is hereby, approved.
Section 4: Execution of Required Documentation. The Village Manager and the Village
Clerk shall be, and are hereby, authorized to execute and attest, on behalf of the Village, all documents
necessary to complete the purchases authorized pursuant to Section 3 of this resolution, provided that
the Village first receives executed documentation in a form acceptable to the Village Manager in
consultation with the Village Attorney.
.Section 5: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two- thirds of the Trustees and its approval in the manner provided by law.
Ayes:
APPROVED THIS 13th day of December, 2011
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of December, 2011
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2011- PD -PG -R -1144
Approving the Waiver of Competitive Bidding
and the Purchase of In -Car Camera Systems
for The Village Police Department
Page 2 of 2
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Bill To:
Ship To:
Villare of oak Brook
Villare of oak Brook
Sgt. Bob Birdsall
Sgt. Bob Birdsall
1200 oak Brook Road
1200 oak Brook Road
Oak Brook, IL 60523 -2255
Oak Brook, IL 60523 -2255
630 - 368 -8710
630 - 368 -8710
630 - 368 -8711
630 - 368 -8711
bbirdsal(cDoak- brook.oro
bbirdsal @oak - brook.org
Local Representative:
Jeff Oost
Cell: 217.620.8255
jeff.00st @dig itaial lyi nc.corh
End User:
Villare of oak Brook
Sgt. Bob Birdsall
1200 oak Brook Road
Oak Brook, IL 60523 -2255
630 - 368 -8710
630 - 368 -8711
bbirdsal@oak-brook.org
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1667459
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UPS Ground
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Item # I
be8crintion
I Unit Price I
I Total
10
001 - 0750 -10
DVM750 Digital Video Mirror Kit
$4,995.00
10
*
Wireless Transfer Module Kit
$0.00
10
006 - 0809 -00
Camera Kit, Rear External 750
$0.00
1
001 - 00003 -00
FirstVu Professional, Wearable Video
$0.00
System
1
010 - 00062 -00
VideoManager Server Software 750
$1,000.00
Notes:
Cases for external mics included along with free software updates for life of
product and training.
One Spare unit will be kept at Police Location in the event of a failure.
$49,950.00
$1,000.00
Subtotal
$50,950.00
Shipping
$250.00
Subtotal
$51,200.00
Sales tax rate
Sales tax on purchase
Total
$51,200.00
7311 W. 130th Street Suite 170 ■ Overland Park, Kansas 66213 ■ PHONE: 800.440.4947 ■ FAX: 913.814.7775
WEBSFE: www.digitaiallyinc.com ■ EMAIL: sales @digitalallyinc.com
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TERMS OF SALE
Your purchase of goods from Digital Ally, Inc., a Nevada corporation ('Digital Ally) will be governed by the following terms of sale
( "Terms '). You will be referred to throughout these Terms as "you".
1. Exclusion of Other Terms; Entire Agreement. Additional or different terms or conditions proposed by you (including any additional or different terms provided in a
purchase order) will be void and of no effect unless specifically accepted in writing by Digital Ally. Digital Ally's sales invoice, these Terns, the warranty and any
special conditions executed by you and Digital Ally (collectively, the "Order') supersedes and cancels all prior communications between us, whether verbal or
written, and constitutes the entire agreement between us unless modified in writing and signed by each of us.
2. Payment. Payment terms are cash on delivery, except where credit has been established and maintained to Digital Ally's satisfaction. If you have established
credit, payment terms are net 30 days from date of shipment. Any invoice that you fail to pay when due will bear interest at the rate of 1 -1/2% per month or the
highest rate then permitted by law, whichever is less. You must also reimburse Digital Ally for its costs incurred (including internal administrative expenses and
reasonable attorneys' fees) in the collection of your past due invoices.
3. Security Interest. Digital Ally retains a security interest in all goods delivered to you and all proceeds until paid in full. You agree, without further consideration, at
any time to do or cause to be done, all acts, and to execute and deliver, all such documents as may reasonably requested in order to protect Digital Allys security
interest in the goods, including the filing of financing statements may deem necessary to perfect its security interest.
4. Taxes. In addition to the purchase price, you must pay any sales, excise or similar taxes applicable to the transaction, unless you provide Digital Ally with a valid
tax exemption certificate. You must pay use taxes, if applicable to the transaction, directly to the appropriate taxing authority.
5. Shipment. Digital Ally will use commercially reasonable efforts to comply with your shipping instructions. You must prepay all transportation and insurance
charges prior to shipment. Unless otherwise stated by Digital Ally, all shipments will be F.O.B. (free on board) Digital Ally's manufacturing facility in Grain Valley,
Missouri.
6. Force Majeure. Digital Ally will not be liable to you for any loss, damage, delay, or failure of delivery resulting from causes that are beyond Digital Ally's
reasonable control. DIGITAL ALLY WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES FROM ANY DELAY WHATSOEVER.
7. Limitation of Liability. You assume all risk from your purchase and use of the goods. Neither you nor Digital Ally will be liable to the other for any consequential
damages, punitive damages, special, incidental or exemplary damages suffered by the other in connection with its performance of its obligations under this Order.
DIGITAL ALLY'S AGGREGATE LIABILITY UNDER THIS ORDER WILL NOT EXCEED AMOUNTS PAID BY YOU TO DIGITAL ALLY UNDER THIS ORDER.
8. Warranty; Limitations on Remedies. Digital Ally's warranty on the goods provided under the Order is set out in a separate statement, which sets forth the only
warranty applicable to the goods sold under this Order. THAT WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND DIGITAL ALLY'S WARRANTY STATEMENT. ALL IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES IMPLIED FROM A COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOUR SOLE AND EXCLUSIVE REMEDY FOR A WARRANTY CLAIM WILL BE THE REPAIR
OR REPLACEMENT OF THE GOODS.
9. Indemnity. You will defend Digital Ally, its managers, agents, employees, successors and assigns, and will pay all damages, losses, costs and expenses,
including reasonable attorney's fees, incurred by the indemnified party arising out of, or incidental to, your selection, purchase and use of the goods under this
Order. This indemnification will survive the expiration or termination of this Order.
10. Risk of Loss. Risk of loss to goods purchased will pass to you at the earlier of the time the goods are (a) duly delivered to the carrier, or (b) duly tendered to you
for delivery.
11. Acceptance; Claims for Shortage or Error. Delivered goods will be deemed accepted upon the earlier of your formal acceptance of the goods or the expiration of
30 days from receipt. If you discover upon initial inspection that (a) some or all of the goods are defective or (b) do not conform to Digital Ally's warranty, may be
returned to Digital Ally for replacement or a refund of the purchase price. Digital Ally is not responsible for goods lost or damaged in transit You are solely
responsible for filing claims against the carrier for any loss or damage. Digital Ally will furnish all available information and give any other reasonable assistance
requested to assist you in filing a claim. Claims for shortages in shipment not chargeable against the miner will not be considered unless notice is given within 10
days from date of receipt.
12. Governing Law; Jurisdiction and Venue. This Order and all disputes arising under this Order are exclusively subject to, governed by, and construed in
accordance with the law of the State of Kansas, without regard to rules of conflicts of law. Any action relating to this Order must be brought in state or federal courts
located in Johnson County, Kansas, and the parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in such courts.
13. Prevailing Party's Attorneys' Fees. In the event of any litigation or arbitration related to this Order, the prevailing party will be entitled to recover from the non-
prevailing parry, the costs and expenses ( including attorneys' fees) reasonably incurred by the prevailing party in connection therewith.
7311 W. 130th Street Suite 170 ■ Overland Park, Kansas 66213 ■ PHONE: 800.440.4947 ■ FAX: 913.814.7775
WEBSITE: www.digitalallyinc.com ■ EMAIL: sales @digitalallyinc.com