ITEM 4. 8
CITY MANAGER' SREPORT
FEBRUARY 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
APPROVE THE PURCHASE OF ENCRYPTION
EQUIPMENT AND SOFTWARE FOR TWENTYTWO NEW LATHROP POLICE DEPARTMENT
FLEET VEHICLE RADIOS
Adopt a Resolution to Approve the Purchase of
Encryption Equipment and Software for
Twenty -Two New Lathrop Police Department
Fleet Vehicle Radios
SUMMARY:
On September 9, 2024, the City Council approved the outfitting and installation of equipment from NextGen Alpha Upfitting for the newly purchased Lathrop Police Department ( LPD) vehicles, as documented in Resolution No. 24- 5626. On December 9th, 2024, City Council ratified the purchase and installation of certain necessary technological equipment and a budget amendment was approved with Resolution No. 24- 5703, however, the mobile radios purchased, pursuant to 24- 5703, did not come with the necessary encryption features.
Radio encryption is essential for safeguarding police communications. This security measure is mandated by the Department of Justice ( D0J) to protect sensitive information and ensure the integrity of law enforcement activities.
Motorola holds a public procurement cooperative purchasing agreement No. 17724- HGAC ( TX)- RA05- 21 with Housting- Galveston Area Council ( HGAC), for radio communications/ emergency response equipment. Consistent with Lathrop Municipal Code 2. 36. 110, staff requested quotes to encrypt the equipment. Motorola presented a quote totaling $ 22, 607. This expense was included in the previously approved budget amendment of $ 805, 000 via Resolution No. 24- 5703.
Staff recommends that the City Council approve the purchase of encryption equipment and software for twenty- twonew Lathrop Police Department fleet vehicle radios from Motorola Solutions Inc., for a total amount not to exceed $ 22, 607.
BACKGROUND:
To utilize the previously purchased radios for the Lathrop Police Department fleet, encryption is required by the D0J to prevent potential malicious activities and ensure compliance with federal standards
On September 9, 2024, the City Council approved the outfitting and installation of equipment from NextGen Alpha Upfitting for the newly purchased Lathrop Police Department ( LPD) vehicles, as documented in Resolution No. 24- 5626. The budget CITY MANAGER' SREPORT PAGE 2
FEBRUARY 10, 2025, CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASES OF ENCRYPTION EQUIPMENT AND SOFTWARE
FOR TWENTY- TWO NEW LATHROP POLICE DEPARTMENT FLEET VEHICLE RADIOS
amendment for this project, including a ten percent contingency, was approved with Resolution No. 24- 5703. However, the mobile radios included in these purchases did not come with the necessary encryption features required for police staff to communicate securely with surrounding agencies.
Radio encryption is essential for safeguarding police communications. Without encryption, unauthorized individuals could listen to police radio traffic, potentially compromising officer safety and the effectiveness of operations. Encryption modifies voice signals, making them unintelligible to anyone without the proper decoding equipment, thereby preventing unauthorized access. This security measure is mandated by the Department of Justice ( DOJ) to protect sensitive information and ensure the integrity of law enforcement activities.
Motorola holds a public procurement cooperative purchasing agreement No. 17724- HGAC ( TX)- RA05- 21 with Housting- Galveston Area Council ( HGAC), for radio communications/ emergency response equipment. Consistent with Lathrop Municipal Code 2. 36. 110, staff requested quotes to encrypt the equipment. Motorola presented a quote totaling $ 22, 607. This expense was included in the previously approved budget amendment of $805, 000 via Resolution No. 24- 5703.
Staff recommends that the City Council approve the purchase of encryption equipment and software for twenty- two new Lathrop Police Department fleet vehicle radios from Motorola Solutions Inc., for a total amount not to exceed $ 22, 607.
REASON FOR RECOMMENDATION:
To utilize the previously purchased radios for the Lathrop Police Department fleet, encryption is required by the DOJ to prevent potential malicious activities and ensure compliance with federal standards
FISCAL IMPACT:
Sufficient funds were allocated by Resolution No. 24- 5703 for the expense of $ 22, 607 as approved by the City Council.
ATTACHMENT:
A. Resolution of the City Council of the City of Lathrop to Approve the Purchase of Encryption Equipment and Software for the Twenty -Two New Lathrop Police Department Fleet Vehicles Radios
B. Purchase Order No. 2025- 00000288 with Motorola Solutions, Inc for the Encryption Kits for the Lathrop Police Department Radios CITY MANAGER' SREPORT PAGE 3
FEBRUARY 10, 2025, CITY COUNCIL REGULAR MEETING
APPROVE THE PURCHASES OF ENCRYPTION EQUIPMENT AND SOFTWARE
FOR TWENTY- TWO NEW LATHROP POLICE DEPARTMENT FLEET VEHICLE RADIOS
APPROVALS:
1 ";-- g
rrnandes Date
Director Information Systems
Cari Ja
Directo f Finance
Date
2'• Zo25
Michael King Date
Assistant City Manger
Z.
Salvador Navarrete Date
City Attorney
Z• 3 • ys
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE THE PURCHASE OF ENCRYPTION EQUIPMENT AND
SOFTWARE FOR TWENTY- TWO NEW LATHROP POLICE DEPARTMENT
FLEET VEHICLE RADIOS
WHEREAS, on September 9th, 2024 City Council approved the upfitting and installation of equipment from NextGen Alpha Upfitting for newly purchased Lathrop Police Department ( LPD) Vehicles with Resolution No. 24- 5626; and WHEREAS, on December 9th, 2024 City Council ratified the purchase of Motorola Radios for the Lathrop Police Department vehicles with Resolution No. 24- 5703; and
WHEREAS, details of such equipment is not released to mitigate potential security risks or threats; and
WHEREAS, to utilize the previously purchased radios for the Lathrop Police Department fleet, encryption is required by the D0J to prevent potential malicious activities and ensure compliance with federal standards; and WHEREAS, in pursuance to the Lathrop Municipal Code 2. 36. 110, this vendor was chosen by utilizing a public cooperative public purchasing agreement; and WHEREAS, Motorola submitted a quote in the sum of $22, 607 that is equal to the public procurement price listed by the public cooperative public purchasing agreement for the Motorola Radio Encryption.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve of the purchase of encryption equipment and software for twenty- two new Lathrop Police Department Fleet Vehicle Radios in the amount of 22, 607.
The foregoing resolution was passed and adopted this 10th day of February 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TSB FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Docusign Envelope ID: 6D6F633A- 1DFA- 4C3B- 8C16- 2DD6A7E229FF The parties to this agreement
are:
Vendor No. 1878
MOTOROLA SOLUTIONS , INC.
SD 500 W. MONROE ST
CCHICAGO, IL 60661
CO 390 Towne Centre Dr
Lathrop, CA 95330
o
Cn 390 Towne Centre Dr
2 Lathrop, CA 95330
Purchase Order
No. 2025- 00000288
Date 11/ 24/024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of 3
ORIGINATOR Emily Malay
QUANTITY l UNIT DESCRIPTION I UNIT COST TOTAL COST
1. 00 EACH Encryption Kits for LPD Radios 22, 606.800
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
C1C20DF53101F478...
DocuSigned by:
IAA t,ViA. Al,J s 1/6/ 2025
Signed by:
ktGL tL A& Pratt'
CCA773F3D5E44D3...
CITY OF LATHROP VENDOR ( Signature)
RECOMMENDED FOR APPROVAL DATE APPROVED BY
22, 606.8
22, 606.8
1/ 3/ 2025
DATE
Michael Marraccini 1/ 3/ 2025
CITY OF LATHROP VENDOR ( Print Name)
APPROVED BY DATE
Special Instructions
APPROVED BY DATE
Encryption Kits for LPD Radios Related to CIP GG 24- 35
Docusign Envelope ID: 6D6F633A- 1DFA- 4C3B- 8C16- 2DD6A7E229FF
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1. ACCEPTANCE. Acceptance ofthis Purchase Order, whether by written acknowledgement or by performance by Seller, shall be upon the terms and conditions hereof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically referring to such other teens and conditions shall have been given to Seller.
INVOICES. Separate invoice shall be supplied for each Purchase Order shipment. Each invoice shall be itemized and shall show Contract Number, terms, discounts; date of shipment or service dates, and. Purchase Order Number. Failure to show said items may result in delay of payment with all rights reserved including cash discounts. The Vendor name on this Purchase Order resulted from a quotation signed inthe same name. Payment will not be made to a firm name other than that shown on the face hereofwithout written as si invent.
3. PAYMENT TERMS. Seller shall receive payment either by One -Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED LNVOICE. All payments are in arrears.
4. ORDER CHANGES. The Buyer shall have the right from time to time by written notices to make changes in quantities and+ or delivery dates of any article, materiaL or services covered by this Purchase Order prior to the time the item or items are actually placed into final production by the Seller. If such changes are made after the article, material, or senvices are placed into final production by the Seller and such changes cause a substantial increase or decrease in Seller' s performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment must be asserted by the Seller within a reasonable time (in no caw to exceed twenty days) after the change is ordered
a. SHIPPING. Seller will indicate plainly the Purchase Order Number mall bills of lading, all goods shipped pursuant to said order, and on all invoices, freight bills, and packages. Each package must contain a memorandum showing Seller' sname. contents of pack age. and Purchase Order Number.
Shipments of goods specified on this Purchase Order number should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Seller.
Shipping costs for goods on back order shall be paid only at the rate which would have been applicable bad the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial sbipmnents must be identified as such on shipping memoranda and invoices.
When shipping. Seller will make no declaration of value to carried, except where shipment is subject to released value ratings.
Any materials supplied to City which are covered by the OSHA Hazard Communication Standard must be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time ofdelivery.
6. DELIVERY. Unless otherwise expressly provided, Seller shall deliver all articles to Buyer' s premises. free of all freight handling, transportation, drayage, boxing and similar charges. All times in thi contract are ofthe essence.
7. TERMINATION. Buyer may terminate all or part of this contract with or without cause If buyer terminates without cause, then Buyer shall pay all reasonable termination charges incurred by Seller.
8. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the umdeliivered portion of this Purchase Order. If prices decline got items ordered, Seller may elect to meet paced reductions or other vendors, or is own lower prices to other purchasers. but if Seller should refuse to do so. Buyer shall have the right to cancel any or all ofthe balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be liable for nonperformance due to causes beyond reasonable control. Where only a part of Seller' scapacity to perform is excused under this paragraph, Seller must allocated production and deliveries among the various customers then under contract for similar goods during the period_ The allocation must be made in a fair and equitable manner. Where either Seller m Buyer claims an excuse for nonperformance under this paragraph, it must give notice in writing to the other party. Seller shall not be obligated to sell, nor Buyer obligated to purchase, at a later date, that portion ofthe goods that Seller is unable to deliver or Buyer is unable to receive or use due to any excused cause. No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent ofBuyer.
10. WARRANTY. Sella warrants that all articles and senices covered by this Purchase Order will conform to drawings, specifications. or samples and will be merchantable and of good material design and workmanship, free from all defects, and suitable for the use intended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be returned to the Seller for full credit or replacement at the Seller' srisk and expense. including transportation charges both ways, but no defective articles shall be replaced without formal replacement order signed by the Buyer.
11. ASSIGNMENT. Neither party shall assign or transfer this Purchase Order without the written consent of the other.
12. INDEMNITY. SELLERWARRA. YTSTHAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT INFRINGE ANY PATENI, TRriDEMARK, OR TRADE NAME, OR COPYRIGHT £ ND AGREES TO INDEMNIFY AND SAVE
HARMLESS BUYER OR ITS VENDEES FROM ANN AND ALL CLAIMS, SUITS, LIABILTIIES, DAALAGES, LOSSES, OR
EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS.
Docusign Envelope ID: 6D6F633A- 1DFA- 4C38- 8O16- 2DD6A7E229FF PAGE 3 OF 3
SELLER SHALL INDEMNIFY AND HOLD HARMLESS BUYER AND ITS AGiTTS AND EMPLOYEES FROM AN AGAINST ALL CLAIMS. DAMAGES. LOSSES AND EXPENSES. INCLUDLNG ATTORNEY' SFEES, ARISING OUT OF OR RESULTLNG FROM THE PERFORMANCE OF THE WORT: CAUSED BY ANT NEGLIGENT ACT OR OMISSION OF SELLER. ANT SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. LS CASE OF CONCURRING FAULT. EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property ofBuyer in Seller' sactive or constructive possession or custody hereunder will be at Seller' s nsk. and Seller agrees to reimburse Buyer for any loss or damage to such property however cursed
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof. Seller Warrants:
a) that all goods. merchandise. and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements of the Fair Labor Standards Act of 1938. as amended. and b) that all goods, materials, and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970. or as amended. c) that Seller will comply with all applicable laws. rules and regulations of federal state and local governments and agencies. thereof. including but not limited to Executive Orders 11246.1701. and section 503 of Public Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Americans and Disabilities Act. Transient Employer Law ( 285.30 R. S. Mo. et seq.) and Excessive Umemployme it Law (Section 290. 550 et seq R. S. Mo.) which are hereby incorporated by reference. unless this Purchase Order is exempt pursuant to said Executive Orders, or Acts and the regulations issued thereunder.
15. WORKER' S COMPENSATION. EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work is performed on Buyer' s premises, Seller agrees to carry at Seller' s own expense. a) Worker' sCompensation and Employer' sLiability Insurance. b) General liability ( including Contractual Liability and Products Liability/ Completed Operations) Insurance and Auto Liability insurance each in amounts no less than S1. 000,00 per occurrence. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer.
16. LVSOLVENCY. If Seller shall become insolvent file a petition in bankruptcy, or shall make an assignment for the benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business. the Purchase Order may be cancelled at Buyer' s option without habihty.
17. TANES. Seller agrees to cooperate with Buyer in opposing the imposition of any tax an any article covered by this Purchase Order. the legality of which is questioned by Buyer, and in securing any abatement or any refimd thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipments must be preceded by execution of formal Consular Invoice. At time of sl pmment Ocean Bills ofLading. Consular Invroue, and Commercial Invoices, in triplicate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19. VENUE. This Purchase Order shall be governed by the law of the State of California.
20. BRANDING. Seller warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act; not an article with may not . under provisions of Section 404 or 505 of said act be introduced into interstate commerce. and not adulterated or misbranded within the meaning ofthe pure food and drug laws or the ordinances of any state or city which are applicable to such shipment or delivery. and Seller hereby agrees to indemnify and save the Buyer harmless from and against all claims. charges. action and proceedings brought against Buyer by any lawful government authority or by any person on account of any alleged adulteration or misbranding by Seller of any such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded alter delivery to Buyer by reason of causes beyond Seller' scontrol.
21. CONFLICTING TERMS. hi case of a conflict between these terms and conditions and those of a separate written contract signed by both Buyer and Seller, the written contract shall prevail.
22. REVIEW OF RECORDS. During the term of the purchase order/ agreement and for three years thereafter. City of Lathrop ( City) shall have the right to review Seller' s records. only for the purposes of ve ifymg claims for payment and compliance with the terms and conditions of die purchase arder. ag eement for at least theee years after final payment.
23. OFFSETTING BILLS. City reserves the right to apply offsetting payments for goods candor services that are due against delinquent utility bills which are due City.
24. NON- EXCLUSIVE AGREEMENT. The purchase order is a non- exclusive contract and City reserves the nght to purchase same or like materials and/ or services from other sources as City deems necessary and appropriate.
MOTOROLA SOLUTIONS
Billing Address:
LATHROP POLICE DEPARTMENT
390 Towne Centre
LATHROP, CA 95330
US
Line # Item Number
1 la
1b
lc
2 2a
2b
2c
3 3a
Subtotal
Estimated Tax
Grand Total
Description Qty
5 5
5 1
5 5
5 1
10 Quote Date: 10/ 07/ 2024
Expiration Date: 02/ 15/ 2025
Quote Created By:
Colin. Watts@
motorolasolutions. com
End Customer:
LATHROP POLICE DEPARTMENT
Emily Malay
List Price Sale Price Ext. Sale Price
0.0 $ 0.0
380. 00 $ 304. 00 $ 1, 520. 0
0.0 1, 012.0 $ 809. 60 $ 4, 048.0
417. 00
0.0 417. 00
1, 012.0
380. 00
333. 60 1, 668. 00
0.0 $ 0.0
333. 60 $ 1, 668. 00
809. 60 $ 4, 048.0
304. 00 $ 1, 520. 0
57.0 696. 00 $ 626. 40
51. 75 51. 75
6, 264. 00
20, 787.5
1, 818. 93
22, 606.8( USD)
Any sales transaction following Motorola' s
quote Is based on and subject to the terms and conditions of the valld and executed written contract between Customer and Motorola ( the Underlying Agreement") that authorizes Customer to purchase equipment and/ or services or license software (collectively "" Products"). If no Underlying Agreement exists between Motorola and Customer, then Motorola' s Standard Terms of Use and Motorola' sStandard Terms and Conditions of Sales and Supply shall govem the purchase of the Products.
Motorola Solutions, Inc: 500 west Monroe, United States - 60661 - #: 36. 1115800
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