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HomeMy WebLinkAbout07-311 Resolution No. 07-311 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CDS OFFICE TECHNOLOGIES FOR PURCHASE OF MOBILE DATA TERMINALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with CDS Office Technologies for the purchase of mobile data terminals, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN AGREEMENT WITH CDS OFFICE TECHNOLOGIES FOR PURCHASE OF MOBILE DATA T ERMINALS /I This Agreement is made and entered into thistay of T.�� / 1CJ , 2007 by and between the City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the State of Illinois, and CDS Office Technologies, incorporated in the State of Illinois and having a principal place of business at 612 S. Dirksen Parkway, Springfield, Illinois 62703 ("the CONTRACTOR"). ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement,the Request for Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response #TCVS-04-03, dated August 15, 2007 (Proposal) thereto incorporated by reference herein and made a part hereof The CONTRACTOR agrees to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the event there is a conflict between this Agreement and the Proposal documents, the Proposal documents shall supersede this Agreement. ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The work shall be complete when the CONTRACTOR has provided and delivered the sixteen(16)Panasonic Toughbook Mobile Data Terminals and supporting software/hardware requested by the CITY. Compensation to the CONTRACTOR shall be in the amount of Eighty-Seven Thousand Six Hundred Eighty($87,680). ARTICLE III. TERMINATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY,b) any failure by the CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to,the following: (I) failure to commence performance of THIS CONTRACT at the time specified in THIS CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control, (ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, including,but not limited to the Affirmative Action requirements,and(vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CITY may terminate THIS CONTRACT for its convenience upon fourteen(14) days prior written notice. ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the whole or any part of the amount for expenses,losses and damages as directed by the Purchasing Director, incurred by the CITY as a consequence of procuring goods or services as a result of any failure,omission or mistake of the CONTRACTOR in providing goods or services as provided in THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to such laws or ordinances,such clause shall be void(the remainder of the contract shall not be affected) and the laws or ordinances shall be operative in lieu thereof • . ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment,screening,referral and selection of job applicants and prospective subcontractors. ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in writing and executed with the same formalities of the original. ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered,return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law,Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims,suits,judgments,costs,attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement,including but not limited to,all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY. The CONTRACTOR may not use,in any form or medium,the name of the City of Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized, then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE XIII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees. CONTRACTOR 2 , shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this CONTRACT." ARTICLE XIV. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises,terms,conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CONTRACTOR CITY OF ELGIN CDS OFFICE TECHNOLOGIES •4isle By game and dr- Olufem !rin City M. age F:\Legal Dept\forms\Bid Doc-Agreement for MDTs from CDS Office Tech.doc 3 gr=41 OFFICE TECISINCIL_Cl 5 Date 8/15/2007 Customer Account# ELGIN PD Quote Number: 69320 BILL TO ADDRESS SHIP TO ADDRESS Company ELGIN POLICE DEPARTMENT SAME Customer MICHAEL BAYARD Addressl 151 DOUGLAS AVENUE Address2 City ELGIN , IL Phone# (847)289-2574 Customer P.O.# Account Rep: Jenny Weber 110 Qty CDS# Mfg# Description Price Extended) 16 CF-30CCQ80BM CF-30CCQ80BM Toughbook CF30 Intel Core Duo Processor L2400 1.66Ghz $4480.00 $71680.00 (Centrino), 13.3"Touch XGA,512MB,80GB, Intel 802.11a+b+g,Win XP SP2,TPM1.2, Bluetooth, Emissive Backlit keyboard, Dual Pass(Upper WWAN/Lower GPS), GPS,Verizon EVDO REV A,NO Optical 1 26604E CF-VDR301 U COMBO DRIVE MM POCKET CF-30 $240.00 $240.00 16 L96056 CF-WEB301MB VEHICLE MOUNT PORT REPLICATOR W/DUAL HIGH-GAIN $480.00 $7680.00 HIGH GAIN WRLS CONN F/CF-30 16 PA-1580-1745 PA-1580-1745 DC ADAPTER FOR ALL LAPTOPS WITH DUAL CORE $105.00 $1680.00 16 CF-SVCLTEXT2Y CF-SVCLTEXT2Y 2 YEAR EXTENDED WARRANTY FOR PANASONIC CF-30 $400.00 $6400.00 THIS WILL EXTEND WARRANTY TO FIVE YEARS STATE OF ILLINOIS CONTRACT # Subtotal $87680.00 TCVS-04-03 Shipping $0.00 Service $0.00 Sales Tax $0.00 Quote Total $87680.00 November 9, 2007 v . • TO Mayor and Members of the City Council 1 FROM: Olufemi Folarin, City Manager —� Robert Duffy, Deputy Chief of Police SUBJECT: Purchase of Replacement Public Safety Mobile Data Terminals PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Council with information to consider the purchase of sixteen (16) Panasonic Toughbook Mobile Data Terminals, and supporting software/hardware, from CDS Office Technologies through the State of Illinois Joint Purchasing Program RECOMMENDATION It is recommended that the City Council authorize the purchase of sixteen (16) Panasonic Toughbook Mobile Data Terminals (MDT) from CDS Office Technologies in the amount of $87,680. BACKGROUND Sixteen (16) existing Public Safety MDTs use hardware and software technologies no longer supported by their manufacturers, Motorola and Microsoft. These obsolete MDTs and systems need to be replaced because they can not reliably support existing or future applications, advancements and mandated applications. These MDTs serve as a mission critical link between Public Safety first responders and the Elgin Emergency Communications Center inclusive of County, State, and Federal data sources. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Emergency Telephone Services Board (ETSB) recommends the replacement of the obsolete MDT equipment. Mobile Data Terminal Replacement November 9, 2007 Page 2 FINANCIAL IMPACT There are sufficient funds budgeted ($118,720) and available ($11 8,720) in the Riverboat Fund, "Other Equipment," account number 275-0000-791.92-46, project number 239552 for the purchase of MDTs from CDS Technologies totaling $87,680. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to not replace the MDTs. 2. The City Council may choose to direct that a request for bid be conducted for this equipment. Respectfully submitted for Council consideration. RD