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Home My WebLink About17-26 Resolution No. 17-26 RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH SHI INTERNATIONAL CORP. REGARDING THE PURCHASE OF GETAC INTEL CORE PROCESSORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute purchase agreement on behalf of the City of Elgin with SHI International Corp. regarding the purchase of 11 Getac Intel core processors and related equipment, a copy of which is attached hereto and made a part hereof by reference. s/David J._Kaptain David J. Kaptain, Mayor Presented: February 22, 2017 Adopted: February 22, 2017 Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1 Attest: _s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 22 day of February, 2017, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and SHI International Corp., a New Jersey corporation (hereinafter referred to as"SHI"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. City shall purchase, and SHI shall sell to City the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A. 3. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. SHI hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof, and SHI agrees that service by first class U.S. mail to the entity and address provided for herein shall constitute effective service. 4. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. 5. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. SHI hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, SHI 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. Without limiting the foregoing, SHI hereby certifies, represents and warrants to the City that all of SHI's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. SHI 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 Agreement. The City shall have the right to audit any records in the possession or control of SHI to determine SHI's compliance with the provisions of this section. In the event the City proceeds with such an audit, SHI shall make available to the City SHI's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this Agreement shall remain in full force and effect. 9. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-trailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto,the terms and provisions of this purchase agreement shall control. 11. Transfer of title and risk of loss shall transfer to City upon delivery at City's designated delivery site. 12. All delivery costs shall be borne solely by SHI. 13. Delivery shall be provided on or before February 28 , 2017. 14. Payment by City shall be on or before Net 30 , 2017. CITY OF ELGIN SI-11 INTERNATIONAL CORP. ichard U. ozal, ity NMnager Print Nayhe SA Ctty ler Sig re Ttt e FALegal 17ept1AgreementtPurchase agreement-SHI International-2-9-17.docx 2 ATTACHMENT A Pricing Proposal Quotation#: 12851316 Created On: 1/23/2017 Valid Until: 1/27/2017 City of Elgin IL Inside Account Manager David Schmidt August DeSantis 550 Summit St. 290 Davidson Ave Elgin,IL 60120 Somerset,NJ,08873 United States Phone:800-527-6389 ex.5648684 Phone: Fax: Fax: Email: August_Desantis @shi.com Email: Schmidt_d @cityofelgin.org All Prices are in US Dollar(USD) Product Qty Your Price Total 1 LIND Vehicle Adapter-Power adapter-car-11 -16 V 15 $89.00 $1,335.00 Getac-Part#:GAD1 L1 2 HAVIS NON-RF VEHICLE DOCK(V110) 15 $529.00 $7,935.00 Getac-Part#:GDVNH3 3 GETAC V110G3,INTEL CORE 17-65000 PROCESSOR,11.61N WITH WEBCAM, 11 $2,522.00 $27,742.00 MICROSOFT WINDOWS 7 PROFESSIONAL X64 WITH DEFAULT RAM 8GB,OPAL 2.0 128GB SSD,SUNLIGHT READABLE(LCD+DUAL MODE TOUCH SCREEN+ DIGITIZER),MULTI LANGUAGE+US KBD+US POWER COR Getac-Part#:VE41 CQLABDXX 4 PROTECTION PLUS+EXTENDED WARRANTY-TABLET(YEAR 1,2,3&4) 11 $244.00 $2,684.00 Getac-Part#:GE-SVTBNFX4Y Total $39,696.00 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHI and the Customer.