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HomeMy WebLinkAboutRES NO 165-2023RESOLUTION NO. 165-2023 A RESOLUTION DETERMINING THAT THE DOWNLOADING, ENHANCEMENT, CONVERSION AND AUTHENTIFICATION OF DICTAPHONE ANALOG REEL AND DIGITAL MULTI -CHANNEL CARTRIDGE RECORDINGS CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFORE, NOT TO EXCEED $60,000 WHEREAS, the Bakersfield Police Department (BPD) is in need of transferring old Dictaphone recordings to a digital platform to ensure the quality and longevity of the recordings; and WHEREAS, Professional Audio Laboratories has the required and specialized equipment to transfer the BPD's current recordings onto this platform; and WHEREAS, the Bakersfield Police Department desires to utilize Professional Audio Laboratories to complete the transfer of recordings; and WHEREAS, the Finance Director has determined and has recommended City Council find that Professional Audio Recordings offers a specialized service needed by the BPD, and that Council therefore authorize the Finance Director to dispense with bidding requirements in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein by reference. 2. The Council hereby finds that the downloading, enhancement, conversion and authentication of Dictaphone analog reel and digital multi- channel cartridge recordings can only be reasonably obtained from one vendor, Professional Audio Laboratories, for the reasons set forth above. 3. The Finance Director is authorized to dispense with bidding therefore in accordance with Section 3.20.060(D) (2) of the Bakersfield Municipal Code and - Page 1 of 2 Pages - N 'ORIGINAL to negotiate the purchase of services necessary for transferring recordings as set forth above as needed, for a total not to exceed amount of $60,000. HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 2 9 2023 , by the following vote: NOES: ABSTAIN ABSENT: V V V ✓ COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER APPROVED NOV 2 9 2023 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ASHLEY A BRANO Deputy ' y Attorney II FREEMAN, GRAY, KAUR JU IE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 2 of 2 Pages - 0 90RIGINO PROFESSIONAL AUDIO LABORATORIES 311 Chelsea Manor Park Ridge, NJ 07656 PAUL GINSBERG PRESIDENT www.proaadiolabs.com October 24, 2023 Bakersfield Police Department 1601 Truxton Avenue Bakersfield, CA 93301 Attn: Sergeant Pacheco Re: Dictaphone Analog and Digital Downloading Dear Sergeant Pacheco, (201) 664-8333 cell (914) 263-8010 In response to your request for a quotation, Professional Audio Laboratories can offer the following: $975 per cartridge (single price - $1,550) 59 $57,525 Storage archive media $169 3 507 Shipping: 120 Total: $58,152 The per cartridge processing fee represents an approximate 40% discount from the normal single -cartridge processing price. The above assumes that the cartridges are identical to the cartridges previously processed and digitized by Professional Audio Laboratories. Problematic and unresponsive cartridges will be set aside. Data recovery will only be attempted with approval by Bakersfield P.D. and may entail additional cost for utilizing additional digital operations to repair the media and download contents. Terms are 1/3 deposit with order, 2/3 on delivery. Net 30 ncerely, Pau Gins rg, President Professional Audio Laborato ' s PROFESSIONAL AUDIO LABORATORIES 311 Chelsea Manor Park Ridge, NJ 07656 PAUL GINSBERG PRESIDENT www.proaudiolabs.com October 24, 2023 Bakersfield Police Department 1601 Truxton Avenue Bakersfield, CA 93301 SOLE SOURCE AFFIRMATION Dear Sergeant Pacheco, (201) 664-8333 cell (914) 263-8010 As per our conversation, let this confirm that we had an exclusive relationship with the Dictaphone Corporation, before it closed in 2005. Having been recognized as a leader in the field of forensic audio and video evidence enhancement and authentication, Dictaphone turned to us to help design features into its digital recorders to provide the most evidentiary value to its recordings. In order to download law enforcement recordings made using Dictaphone analog and digital logger recorders we obtained and configured a number of machines to accommodate these special types of multi -channel recordings. We currently have a number of the large Dictaphone reel machines as well as Dictaphone Guardian digital machines that use digital data cartridges. To our knowledge we are the sole source for downloading, enhancement, conversion and authentication of Dictaphone analog reel and digital multi -channel cartridge recordings. The Federal Bureau of Investigation Audio Forensic Laboratory in Quantico refers all law enforcement inquiries to us, regarding Dictaphone recordings. We have downloaded recordings for a number of localities, as well as for a foreign government at the request of the Bureau. Under my supervision the original N.Y.C. recordings for September 11, 2001 first responders and 911 calls were downloaded from Dictaphone reel recorders and archived for their historical significance. I then downloaded the World Trade Port Authority Dictaphone digital cartridges, as well as the Dulles Airport fire dispatch tapes regarding the Pentagon. We have the knowledge, expertise and experience. We look forward to archiving your multi- channel recordings. As we did with the initial set of data cartridges, we will provide you with a total record of all transmissions recorded on each tape, along with supporting documentation. We look forward to assisting you with this task. m � r 'ORIGINAL Sincerely, insber ' Presiden g Professional Audio Laborat e > m � r L3ORIGINAL ��®RO© CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/26/2023 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BIBERK PHONE 844-472-0967 FAX 203 654-3613 (A/G. No Extl: - ---.i.0 No): ._..... _._.. ..._. P.O. Box 113247 E-MAIL customerservice@biBERK.com Stamford, CT 06911 ADDRESS, _ ._ INSURER(S) AFFORDING COVERAGE NAIC. INSURER A: Berkshire Hathaway Direct Insurance Company 10391 INSURED Paul Ginsberg INSURER B: Professional Audio Laboratories INSURERC: _ + 311 Chelsea Manor INSURER D: 1 Park Ridge, NJ 07656 INSURER E: ) COVERAGES CFRTIFICATF NLIMRFR• RFVI_ghi NIIMRFR• 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 . - ADOL SUBR POLICY EFF POLICY EXP - - -- - LTR TYPE OF INSURANCE iINSO WVDPOLICY NUMBER MM/DDIYYYY) I (MMIDDIYYYYI LIMITS X Cot AMERCIALGENERALLIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X i OCCUR ,... ! DAMAGE TOREN'If=D 50,000 ".PREMISES_LE _oaurmncea 5 N9BP138881 10/Z6/2023 10/26/2024 MED EXP (Anyone person) 5 5,000 PERSONAL $ADVINJURY 15 Excluded GEN'L AGGREGATE LIMIT APPLIES PER j GENERAL AGGREGATE S 2,000,000 POLICY JECT LOC ' PRODUCTS-COMP/OP AGG f 2,000,000 X OTHER 'COMBINED OMBINED SINGLE LIMIT j (Ea accdertl_____._„ ANY AUTO i ! BODILY INJURY (Per person) I f " OWNED i 1 SCHEDULED AUTOS ONLY _'AUTOS 'I I BODILY INJURY (Per accident) S _ �' HIRED NON -OWNED PROPERTY DAMAGE S " AUTOS ONLY �._ -..� AUTOS ONLY j (Per accid_entJ_.____ is UMBRELLA LIAR f- _ i OCCUR I EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ S WORKERS COMPENSATION PER t IOTH- STATUTE 1 AND EMPLOYERS' LIABILITY YIN _ , i I ANYPROPRIETOR/PARTNER/EXECUTIVE '.OFFICER/MEMBEREXCLUOED? INIA I E.L.ELEACH ACCIDENT-�_._i_S j ❑ (Mandatory In NH) ", _ El DISEASE- EA EMPLOYEE $ R yes, describe under I --_ - __........___.. DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT S Professional Liability (Errors & Per Occurrence/ Omissions): Claims -Made i Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Bakersfield California its mayor, council, officers, agents, employees is listed as additional insured as it pertains to general liability (see endorsement attached). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield ISAOA ATIMA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1600 Truxtun Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Bakersfield, CA 93301 AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All rigs reserve c ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD c ORIGINAL DATE (MMIDDIYYYY) AC401?" CERTIFICATE OF PROPERTY INSURANCE 10/26/2023 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. PRODUCER JCONACT aHI. ONN � (844) 472-0967 Larc,ryo1�203� 654-3613 —� BIBERK E-MAIL ADDRESS: salessupport@biberk.com pP P.O. Box 113247 PRODUCER Stamford, CT 06911 CUSTOMER10' INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Berkshire Hathaway Direct Insurance COmpal '541810 INSURER B: Paul Ginsberg _ Professional Audio Laboratories INSURERC: - - ---� -� _— —--- - 311 Chelsea Manor INSURERD: Park Ridge, NJ 07656 INSURER E: + INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Location: 311 Chelsea Manoi-Park Ridge, NJ 07656 Bldg #001: Advertising and Related Services (Office) - 6365101 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 OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ? POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MMIDDIYYYY) DATE(MMIDD/YYYY) X PROPERTY BUILDING S 0 CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY S 0 BASIC BUILDING N9BP138881 10/ 26/2023 10/26/2024 ) BUSINESSINCOtv1E I 250 S BROAD -CONTENTS EXTRA EXPENSE S } X SPECIAL _ ,, RENTAL VALUE S EARTHQUAKE BLANKET BUILDING is n/a WIND I , BLANKETPERSPROP FLOOD i BLANKET BLDG & PP g n/a S INLAND MARINE TYPE OF POLICY I S CAUSES OF LOSS 3 S NAMED PERILS POLICY NUMBER � S CRIME S TYPE OF POLICY i S I S BOILER & MACHINERY I S - EQUIPMENT BREAKDOWN ? i5 S S SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) * ALS up to 12 months. f FRTIFIr&TF ton] r1FR I'ANrF:l I GTInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield ISAOA ATIMA ACCORDANCE WITH THE POLICY PROVISIONS. 1600 Truxtun Avenue Bakersfield, CA 93301 AUTHORIZED REPRESENTATIVE ©1995-2015 ACORD CORPORATION. All rights resRr�f d. ACORD 24 (2016103) The ACORD name and logo are registered marks of ACORD ,,, Q -^ > �n l— r 0 ORIGINAL POLICY NUMBER: N9BP138881 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): j City of Bakersfield ISAOA ATIMA Information required to complete this Schedule, if not shown a The following is added to Paragraph C. Who Is An Insured in Section II — Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. will be shown in the Declarations. BP 04 48 01 06 C`> ISO Properties, Inc., 2004 kpaKE u' > �n Pag6 of l NF: (a] POLICY NUMBER:N9BP138881 Date Processed: 10/25/2023 BUSINESSOWNERS BP 12 01 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES Paul Ginsberg Professional Audio Laboratories 311 Chelsea Manor Park Ridge, NJ 07656 THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY N9BP138881 10/26/2023 Berkshire Hathaway Direct Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Paul Ginsberg Professional Audio Laboratories CHANGES Additional Insured - Designated Person or Organization Added Name of Person or Organization: City of Bakersfield ISAOA ATIMA Address: 1600 Truxtun Avenue City: Bakersfield State: CA Zip: 93301 Policy Forms Added Additional Insured - Designated Person or Organization (BP 04 48 01 06) > rn t- r `,ORIGINF.L BP 12 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 2 0 KERSF'IELD THE SOUND OF,5awtei4IiHvf Y40 Workers' Compensation Coverage Exemption Declaration The undersigned (hereinafter referred to as "I" or "Me") hereby declares that the following is true and correct: I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services. I am familiar with the terms of said agreement which require Me to maintain workers' compensation coverage as required by California Law. I am familiar with the workers' compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers' compensation insurance, and I am exempted under the law from the requirement to maintain workers' compensation insurance coverage. In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, or (ii) should I become subject to the worker's compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield. Date: Name: n,v ( Name (Print or type Company Name (if any): I Title: (Signature) 1 J Telephone: Warning: In California, failure to secure workers' compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 of the Labor Code, including, but not necessarily limited to, interest and attorney's fees. Risk Management - 09/19 Ok >NK11,�U > rTt 00RIGINA PROFESSIONAL AUDIO LABORATORIES 311 Chelsea Manor Park Ridge, NJ 07656 PA UL GINSBERG (201) 664-8333 PRESIDENT www.proaudiolabs.com cell (914) 263-8010 October 27, 2023 To: City of Bakersfield Re: Declaration of Automobile Insurance Exemption Professional Audio Laboratories does not carry automobile insurance. Most work is done on premises. When incidental travel is required, the owner uses his own vehicle and maintains his own auto insurance. Therefore, no company vehicle or company automobile insurance is necessary or required. Sincerely, Paul Ginsberg, Owner 'ORIGINAL ;