Item 4DCity of Southlake, Texas
M E M O R A N D U M
July 20, 2007
TO: Shana Yelverton, City Manager
FROM: Wade Goolsby, Southlake DPS –Chief of Police Services
Award the bid and authorize the City to enter into a contract with Red Moon,
SUBJECT:
Inc. for the purchase, delivery, and installation of video cameras, video recording
and archival system in the amount of $292,265.00.
___________________________________________________________________________
Action Requested:
Award the bid and authorize the City to enter into a contract with Red Moon,
Inc. for the purchase, delivery, and installation of a video recording and
archival system (security camera system) for the Town Square area.
Background
Information:
The Crime Control and Prevention District Board approved the purchase of a
security camera system for the Town Square area in this year’s budget. We
issued a request for bid on a security camera system that consists of thirty one
(31) cameras providing security surveillance in the Grand Avenue area of
Town Square. We conducted a pre-bid meeting in which four companies
participated. In the end, we only received one bid with regard to this project.
Red Moon, Inc. has already provided successful projects to the City of
Southlake and has provided a list of successful projects in other cities. This
contract proposal has been presented to the Crime Control and Prevention
District Board and it was recommended that we proceed with the contract.
Financial Impact:
The bid from Red Moon, Inc. totaled $257,513.00 for the purchase, delivery,
design, and installation, of the security camera system. Red Moon, Inc. also
bid the initial training and one year’s maintenance of the system for a total of
$17,000. We also examined maintenance and warranty options for the system
and we can obtain an additional two years of extended warranty on the four
BridgeWave 80gHz radios that transmit the data from point to point for an
additional $17,752.00. The replacement cost of each of these radios is over
$20,000 to replace and they are vulnerable to lightning strikes. We had
budgeted $300,000 for this project and these costs are within budget.
The total cost of this contract as proposed is as follows:
Purchase, delivery, and installation of the camera system - $ 257,513.00
Training and one year of maintenance - $ 17,000.00
Extended warranty on the 80gHz radios - $ 17,752.00
________________________
Total contract price $ 292,265.00
The funding for this project can be funded from the Crime Control &
Prevention District tax revenue.
Citizen Input/
Board Review
: Crime Control & Prevention District Board
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
Legal Review
: The contract has been reviewed and approved by City legal staff.
Alternatives:
The Council may recommend approval of this request as proposed.
The Council may modify request and contact components.
The Crime Board may reject the proposed contract.
Supporting
Documents
: Proposed contract
Staff
Recommendation
: Recommend awarding the bid and approval of the funding for the proposed
contract with Red Moon, Inc for the purchase, delivery, and installation of a
security camera and archival system.
CONTRACT FOR PURCHASE
OF GOODS AND/OR SERVICES
THIS CONTRACT is made and entered into this the ______ day of __________ 2007, by and between the City of Southlake,
Texas, a Municipal corporation located in Tarrant and Denton Counties, Texas, (hereinafter called CITY), acting through its duly
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
and RedMoon, Inc., located in Plano, Collin County, Texas
authorized City Manager, Shana Yelverton , (hereinafter called
COMPANY), acting by and through its duly authorized agent.
WITNESSETH: That for and in consideration of the mutual covenants hereinafter set forth, the CITY and COMPANY agree as
follows:
I. DESCRIPTION OF GOODS AND/OR SERVICE
The CITY agrees to purchase and the COMPANY agrees to provide all of the goods and/or services as specified in the
contract documents, such goods and/or services generally described as follows:
VIDEO CAMERA MONITORING & ARCHIVAL SYSTEM
BRN: RFBO702a132WG700048
For the bid sum of Two Hundred Fifty-Seven Thousand Five Hundred Twelve dollars and Eighty-two cents, ($257,512.82) paid
in current funds at the unit or total prices, at COMPANY’S own proper cost and expense, including all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, bonds and other accessories and services necessary to complete
delivery of same, in accordance with the contract documents, hereinafter defined, and subject to such additions and deductions
as provided therein. RedMoon also agrees that all products listed in this agreement that is currently offered under its State DIR
Contract #SDD-475 can be purchased at that price for one year from date of contract signing.
II. CONTRACT DOCUMENTS
The contract documents shall consist of this written agreement or Contract, the attached Request for Bids, (RFB
0702A132WG700048) and Addenda #1-#4, and the attached bid submitted by RedMoon. The contract documents constitute
the entire agreement between the CITY and COMPANY, and all are as fully a part of the Contract as if attached to and repeated
in this agreement. The contract documents may be altered, amended or modified only as provided herein.
III. PURCHASE/WORK ORDER
The goods and/or services to be provided under this Contract shall be commenced by COMPANY upon final execution of this
Contract and on a date to be specified in a written “Purchase Order” or “Work Order” (whichever applicable), in accordance
with the contract documents. Time is of the essence for this Contract.
IV. PAYMENT TERMS
All payments shall be net 30 days at receipt of invoice. The City of Southlake has agreed to the following ‘milestone’
payments for Appendix B., Cost of Proposal Products and/or Services, paragraph B.1., Line Items 1., 2., and 3. All other line
items (4. through 6.e.i.) are excluded from the payment milestones. ‘On-Site Training’, Line Item 4. will be paid net 30 days
upon receipt of invoice and after completion of training.
% OF PRE-
PAYMENT PAYMENT ON
PAYMENT #: DELIVERABLES SCHEDULE COMPETION
Payment #1 Equipment Deliver: Delivery of
40% $103,005.12
Equipment to customer site.
Payment #2 Project Completion: Completion means
40% $103,005.12
all equipment has been installed at the
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
designated and agreed to locations; that all
peripheral related equipment and products
are installed and in working order, and are
functioning together as one system.
Payment #3 Acceptance of Products and Services:
For purposes of this agreement ‘Project
Completion’ means acceptance of
Contractor’s products and installation
services; the entire system is accepted by 20% $51,502.58
the CITY as functional and usable: working
as intended and according to specifications.
Project completion payment will not unduly
or unnecessarily be withheld.
Total:
$257,512.82:
All payments shall be made by purchase order. Payments 1., 2., and 3. shall be designated as “Milestone Payment 1., etc.” on
the purchase order while remaining all other remaining line items (4. through 6.e.i.) shall be designated as reflected in the
Schedule of Pricing.
V. MODIFICATION AND ASSIGNMENT
This Contract may not be altered; modified or amended except in writing properly executed by the parties and may not be
assigned to a third party.
V. TERMINATION
CITY shall have the right to cancel this Contract if COMPANY fails to provide the goods and/or services in accordance with
the Contract Documents after giving seven-(7) day’s prior written notice. Irrespective of which party shall effect termination or
the cause therefore, CITY shall within thirty-(30) days of termination compensate COMPANY for any delivery of goods and/or
services made up to the time of termination. No amount shall be due for lost or anticipated profits.
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
Notwithstanding anything in this contract to the contrary, all obligations of CITY under this contract are subject to
appropriation of sufficient funds for such obligations by CITY’s governing body. If CITY’s governing body shall fail to
appropriate funds sufficient to pay for CITY’s obligations under this contract for an upcoming fiscal year during the term of the
contract, the contract shall terminate automatically at the conclusion of the last CITY fiscal year for which funds have been
appropriated.
VI. GOVERNING LAW AND VENUE
The parties agree that the laws of the State of Texas shall apply to and govern this Contract and venue for any legal proceeding
shall be in Tarrant County, Texas.
VII. INDEPENDENT CONTRACTOR/INDEMNITY
It is agreed for all purposes hereunder, the COMPANY is and shall be an independent contractor and shall not, with respect to
their acts or omissions, be deemed an agent or employee of CITY.
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
COMPANY agrees to indemnify and hold harmless and defend CITY, its officers, agents and employees, from and against
liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property
damage (including loss of use), and expenses, including court costs and attorneys’ fees and other reasonable costs arising out of
or resulting from COMPANY’S work and/or activities conducted in connection with or incidental to this Contract and from any
liability arising out of, or resulting from the intentional acts or, negligence, including all such causes of action based upon
common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of
COMPANY, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and other persons.
COMPANY further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for,
the safety of its officers, agents, employees, subcontractors, licenses, invitees and other persons, as well as their property, while
engaged in the delivery of such purchases and/or services pursuant to the Contract or while on City’s premises where the
services are being provided. It is expressly understood and agreed that CITY shall not be liable or responsible for the
negligence of COMPANY, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees, and
other persons.
Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly
attributable to premise defects, real or alleged, in the vicinity where such purchases and/or services are to be delivered by
COMPANY, which may now exist or which may hereafter arise upon the premises, responsibility for any and all such defects
being expressly assumed by COMPANY. COMPANY understands and agrees that this indemnity provision shall apply to any
and all claims, suits, demands, and/or actions based upon or arising from any such premise defects or conditions, including but
not limited to any such claim asserted by or on behalf of COMPANY, including but not limited to its officers, agents,
employees, subcontractors, licensees, invitees, and other persons.
It is further agreed with respect to the above indemnity, that CITY and COMPANY will provide the other prompt and timely
notice of any event covered which in any way, directly or indirectly, contingently or otherwise, affects or might affect the
COMPANY or CITY, and CITY shall have the right to compromise and defend the same to the extent of its own interests.
IX. DISCRIMINATION REGULATIONS
COMPANY, in the execution of this Contract and particularly in the employment practices engaged in, agrees that it will not
discriminate on the basis of race, color, religion, national origin, sex, age, handicap or disability.
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
X. NOTIFICATION
All notices and communications required herein shall be personally delivered or mailed to the other party by United States
certified mail, return receipt requested. Unless otherwise changed in writing by the respective party, notice intended for
COMPANY shall be sent to COMPANY’S address as shown on COMPANY’S Proposal; notice intended for CITY shall be
Attention: Bryan Thompson RedMoon, Inc. 625 Digital Dr. Suite 500 Plano, Texas 75075.
sent to: Mailed notices shall
be deemed to have been received three-(3) days after mailing.
IN WITNESS WHEREOF, CITY and COMPANY have executed this Contract in six-(6) counterparts, each of which shall be
deemed an original, the day and year first written above.
CITY OF SOUTHLAKE REDMOON, INC.
(City) (Company)
By: ______________________________ By: ______________________________
City Manager Bryan Thompson
Wade Goolsby, DPS Chief of Police Services
November 11, 2010
Page 2
ATTEST Printed Name: _______________________
By: ______________________________ Printed Title: ________________________