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HomeMy WebLinkAbout18-38 Resolution No. 18-38 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 8 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: March 21, 2018 Adopted: March 21, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 21 day of March, 2018, 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 August DeSantis, 290 Davidson Avenue, Somerset, NJ, 08873 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. City shall pay a total sum of$26,852 within thirty (30)days of delivery. 6. 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. 7. 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. 8. 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-mailed 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. 9. 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. 10. Transfer of title and risk of loss shall transfer to City upon delivery at City's designated delivery site. 11. All delivery costs shall be borne solely by SHI. 12. Delivery shall be provided on or before May 1, 2018. CITY SHI INTERNATIONAL CORP. Kristina Mann Richard G. ozal, City Manager Print Name Att . 117AAA-4& City Clerk Id Signature Contracts Specialist Title Purchase Agreement-SM International-clean 3-9-18 2 ATTACHMENT A Pricing Proposal Quotation#: 14831164 Created On: 2/8/2018 Valid Until: 2/23/2018 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 GETAC V11003,INTEL CORE 17.65000 PROCESSOR,11.6IN WITH WEBCAM, 8 $2,522.00 $20,176.00 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 FBD+US POWER COR Getac-Part#:VE41 CQLABDXX Contract Name:Open Market Contract#:Open Market 2 PROTECTION PLUS+EXTENDED WARRANTY-TABLET(YEAR 1,2,3&4) 8 $244.00 $1,952.00 Getac-Part#:GE-SVTBNFX4Y Contract Name:Open Market Contract#:Open Market 3 LIND Vehicle Adapter-Power adapter-car-11-16 V 8 $89.00 $712.00 Getac-Part#:GAD1 L1 Contract Name:Open Market Contract#:Open Market 4 GETAC:Gamber Johnson Vehicle Dock with port replicator and screen support.DC 7 $478.00 $3,346.00 power adapter sold separately.(V110) Getac-Part#:GDVNG2 Contract Name:Open Market Contract#:Open Market 5 Havis C-ADP-101-Mounting component(adapter plate)-steel-black powder coat 8 $32.00 $256.00 -in-car Havis-Part#:CADP-101 Contract Name:Open Market Contract#:Open Market 6 GETAC-Digitizer pen-for Getac F110,F110 G2,F110 G3,V110,V110 G2,V110 10 $41.00 $410.00 G3 Getac-Part#:GMPDX4 Contract Name:Open Market Contract#:Open Market Total $26,852.00 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/retumnolicv,unless there is an existing agreement between SHI and the Customer.