HomeMy WebLinkAbout00-232 Resolution No. 00-232
RESOLUTION
AUTHORIZING EXECUTION OF A WARRANTY EXTENSION AGREEMENT WITH
WALKABOUT COMPUTERS, INC. FOR LAPTOP COMPUTERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a Warranty Extension Agreement on behalf of the
City of Elgin with WalkAbout Computers, Inc . for police
vehicle laptop computers, a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 25, 2000
Adopted: October 25, 2000
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
WARRANTY EXTENSION AGREEMENT
This warranty extension agreement is hereby made and
entered into this 3 kO day of /L' V, , 2000, by and between
the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "City" ) and WalkAbout Computers,
Inc . , a corporation (hereinafter referred to as
"WalkAbout" ) .
WHEREAS City and WalkAbout, have previously entered into a
`t�
warranty agreement dated `Ivev. (hereinafter
referred to as "Original Warranty" ) a copy of which is
attached hereto and made a part hereof as Attachment "A" ;
and
WHEREAS City and WalkAbout each desire to extend the term
of Original Warranty from October 1, 2000 through
September 30 , 2002 ;
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
mutually acknowledged, the parties hereto hereby agree as
follows :
1 . The terms of Original Warranty shall remain in effect for
the period of October 1, 2000 through September 30, 2002 ,
except as specifically amended hereby. WalkAbout
Computers shall provide one replacement battery for each
year of this warranty extension for each computer which
is subject to this warranty. City shall install any such
new batteries . Replacement batteries shall be provided
upon receipt of the annual payment for the extended
warranty.
2 . City shall pay to WalkAbout the total sum of $22 , 950 . 00 .
Such payment shall be made in installments of $11, 475 . 00
on or before October 1, 2000 and $11, 475 . 00 on or before
October 1, 2001 . In the event City ceases to use any
computer covered by this agreement prior to October 1,
2000, City may deduct $225 . 00 per computer from the
October 1, 2001 installment . No increase in any
installment amount shall be valid unless agreed to and
authorized in writing by the corporate authorities or
City Manager of City. This Extended Warranty does not
include the vehicle docking station provide by the Law
Enforcement Company (LEDCo) .
3 . This agreement shall be subject to and governed by the
laws of the State of Illinois . Venue for the resolution
of any disputes and the enforcement of any rights arising
out of or in connection with this agreement shall be in
the Circuit Court of Kane County, Illinois .
CITY OF ELGIN ALKA OUT COMPU S, INC.
By �_ By �,`"..
ty ,� anager
Attest : Attest :
4)141.4%42.— By
City Clerk
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Extended Warranty Agreement
•
November 9, 1998
WalkAbout Computers agrees to provide extended warranty protection to the City of Elgin's fleet of
HAMMERHEAD computers and accessories manufactured by WalkAbout Computers.
M;i.Thegreement is for a period of two years starting Oct. 1, 1998 and ending Sept. 30,2000. Payment '
• :Ill`be,on,an annual basis in the amount of$250 per computer or an annual total of$12,750.00 for
' 'e>fleefaf51 computers. The first payment is already due. The second payment will be due prior to
' 'n al Warranty
with
the
of
the
or
iginal theterms
•� the Warranty Extension are
the same ast;
of
`.;foalowing exceptions: 1) WalkAbout Computers will provide one replacement battery for each year
of the. sarranty extension for each computer. The City of Elgin will be responsible for installing the
f..:?nei).;batteries. Replacement batteries will be provided upon receipt of annual payment for the
extended warranty. 2)The Extended Warranty does not include the vehicle docking station provided
by the Law Enforcement Development Company (LEDCo). Vehicle docking issues should be
directed to LEDCo for resolution.
The detailed terms of the Extended Warranty are attached in the WalkAbout Computers Limited
Warranty statement. The City of Elgin is responsible for the cost of shipping-
Sincerely, Accepted by: U _
Title: /,'1 , Date: ja./ f` 17
Q�titi ei�Don PIP
ey
\VlkAbout Comp ters,Inc.
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"WHEREVER WORK GETS DONE"
WALKABOUT COMPUTERS LIMITED WARRANTY
1. WHAT IS COVERED BY THIS WARRANTY
WalkAbout Computers, Inc. warrants for the duration of this limited warranty ("Warranty") that WalkAbout
Computers' products,which are comprised of the HAMMERHEAD family of products,all accessories to such
Products manufactured or created by WalkAbout Computers ("Accessories"), and all replacement Products
and Accessories repaired or replaced pursuant to the Warranty ("Replacement Products")are free from defects
in material and workmanship under normal use and service subject to the terms and conditions set out below.
2. LENGTH OF WARRANTY
The Warranty is valid for a period of one(1)year for Products and Accessories, from the original date of sale
from WalkAbout Computers and/or a WalkAbout Computers Authorized Reseller. During any such period,
WalkAbout Computers will,at its option,either repair or replace with new or"like new" used parts any of the
Products, Accessories or Replacement Products sold by WalkAbout Computers which prove to be defective,
provided that such Products or Accessories are returned in accordance with the terms of this Warranty. An
extension of this Warranty for a period up to two additional years may be purchased from WalkAbout
Computers. The extended warranty is identical to the basic warranty but includes a replacement battery for
each computer for each year of the warranty extension.
3. TERMS AND CONDITIONS
(i) This Warranty applies to the retail purchaser or lessee of Products and Accessories that have been properly
installed,used and serviced according to the specifications provided and practiced by WalkAbout Computers.
(ii) Damage due to abuse,accident,misuse,modification,or misapplication, or damage as a result of shipment or
improper service,cancels all obligations of WalkAbout Computers under this Warranty.
(iii)THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, WHETHER ORAL OR
WRITTEN, EXPRESSED OR IMPLIED, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW QR FROM THE COURSE OF DEALING IN OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT
ALLOW THIS LIMITATION,SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(iv)This Warranty and the statute of limitations shall run concurrently with any acceptance period. No suit,
litigation's,or action shall be brought based on the alleged breach of this Warranty or implied warranties more
than two (2) years after the date of purchase in those jurisdictions allowing such a limitation, otherwise, no
such action shall be brought more than two(2)years after the expiration of this Warranty.
•
4. HOW TO OBTAIN WARRANTY SERVICE
(i) Immediately notify WalkAbout Computers (888 872-1100) or a WalkAbout Computers Authorized Reseller of
problems encountered during the warranty period. As appropriate, WalkAbout Computers will provide a
return authorization number (the "R/A" number) for the return of your Products, Accessories and/or
Replacement Products.
(ii) Label and/or include the following information with the Products/Accessories shipping container:
your name,ad
dress and telephone number
a) P
b) the R/A number received from WalkAbout Computers
c) a description of the problem;and
(iii)Return the Products. Accessories and/or Replacement Products with the above mentioned information,
transportation and insurance costs prepaid, to WalkAbout Computers' warranty repair facility at the address
noted below. WalkAbout Computers is not responsible for loss or damage which may occur in transit.
(iv) Once repaired or replaced under the terms specified in the Warranty,WalkAbout Computers will return ship,
pre-prid,the Products,Accessories and/or Replacement Products to the originating party.
i
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5. WHAT IS NOT COVERED
(i) This Warranty does artsdot covercompone cdomponents products, skAbout oftware uters hall not and/orbe accessories le for any loss
suppliedng byfrom:
WalkAbout
Computers
b) parts and components of Products,Accessories,and/or Replacement Products and software related
thereto supplied,installed and/or distributed but not manufactured, created and/or assembled by
WalkAbout Computers,for which WalkAbout Computers provides a warranty depot service only;
c) damage to Products, Accessories and/or Replacement Parts caused by accident,fire, floods,or acts
•
of God;
d) improper use or care of the Products. Accessories and/or Replacement Parts or failure to use
Product and/or Accessory as stipulated in the owners manual supplied by WalkAbout Computers;
e) defects or damage caused by mishandling,misuse,improper testing or improper operation;
f) defects or damage caused by adjustments,alterations or modifications of any kind;
g) repair by someone other than WalkAbout Computers or a WalkAbout Computers Authorized
Reseller for a defect or malfunction covered by this Warranty;and
h) programming or service by anyone other than WalkAbout Computers or a WalkAbout Computers
Authorized Reseller.
(ii) WalkAbout Computers is not responsible for and shall not be liable for transportation and insurance charges
incurred in or damages resulting from transporting the Products, Accessories and/or Replacement Products to '
WalkAbout Computers for warranty service; •
(iii) WalkAbout Computers shall not be responsible for consequential,special,incidental or contingent damages or
•expenses of any nature or kind whatsoever, including, without limitation, damages for any loss of revenue,
profits, property, information or use of any kind, such damages and expenses are not recoverable under this
Warranty,even if WalkAbout Computers has been notified of the possibility thereof. In any event,WalkAbout
Computers' liability for any breach shall be limited to actual direct, provable damages not to exceed the
'amount originally paid to WalkAbout Computers for the Product and/or Accessories. These limitations apply
to all causes of action, including breach of contract or negligence. Some jurisdictions do not allow the
exclusion or limitation or certain remedies including damages, so the above exclusion or limitation may not
apply to you.
(iv) WalkAbout Computers is not responsible for any third party software created for use in the integration and/or
operation of any Products,Accessories and/or Replacement Products whether or not such third party software
was installed by WalkAbout Computers. Maintenance and support service for third party software is the sole
responsibility of the creator thereof.
6. ADDITIONAL INFORMATION
(i) The agents,dealers and employees of WalkAbout Computers are not authorized to make any modifications to
this Warranty, or additional warranties binding on WalkAbout Computers about or for Products, Accessories
and/or products sold or supplied by WalkAbout Computers. Additional statements,whether oral or written,
except sighed written statements from an officer of WalkAbout Computers, do not constitute warranties and
should not be relied upon.
(ii) The Warranty gives you specific legal rights. You may also have other rights which vary from one jurisdiction
to'another,
(iii) For certain non-WalkAbout Computers products, product components, software and accessories supplied;
and/or distributed by WalkAbout Computers which are expressly warranted by the manufacturer of such
produts, WalkAbout Computers will provide a warranty depot service. Where applicable, information with
respect to this service will be included.
7. COMPANY INFORMATION AND RETURN ADDRESS
All returns for warranty service and concerns,regarding this Warranty or otherwise,should be made to:
HAMMERHEAD Warranty Services
WalkAbout Computers
1501 Northpoint Parkway#103
West Palm Beach,FL 33407
888 872-1100
2655 N. Ocean Dr.,#403 Singer Island,FL 33404
Walkabout Computers,Inc.Ph.(407)881-90505 Fax(407)881-7345
Ouery1 10/9/98
e r.- i.. i vita,
HH 8391ELGIN POLICE DEPT 5/1/96
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HH 1761 ELGIN POLICE DEPT 8/3/96
HH 1771 ELGIN POLICE DEPT 8/3196
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May-31-00 08:38A WalkAbout Service Center 561 712 0808 P.01
i,
ELGIN POLICE DEPARTMENT
END OF 1ST YEAR END OF 2ND YEAR END OF 3RD YEAR
SERIAL NUM SHIP DATE (INCLUDED) PURCHASED PURCHASED
839 05101/1996 05101/1997 05/01/1998 05/01/1999
963 05/01/1996 05/01/1997 05/01/1998 05/01/1999
1728 07/26/1996 07,26/1997 07/26/1998 07/26/1999
_1761 08/03/1996 08103/1997 08/03/1998 08/03/1999
1771 08/03/1996 08/03/1997 08/03/1998 08/03/1999
1774 08/12/1996 08/12/1997 08/12/1998 08/12/1929
1775 08;12/1996 08/1211997 08/12/1998 08/12/1999
177E 08/12/1996 08/12/1997 08/12/1998 08/12/1999
—1781 08/12/1996 08/12/1997 38/12/1998 08/12/1999
1783 08/14/1996 08/14/1997 08/14/1998 08/14/1999
1784 08/14/1996 0811411997 08/14/1998 08/14/1999
1785 08/12/1996 08/12/1997 08/12/1998 08/12/1999
2298 09/2711996 09/27/1997 09/27/1998 09/27/1999
2299 09/27/1996 09/27/1997 09/27/1998 09/27/1959
233C 09127/1996 09/27/1997 09/27/1998 09/27/1999
2331 09/27/1996 09/27/1997 09/27/1998 09/27/1999
2350 09)27/1996 09127/1997 09/27/1998 09/27/1999
2352 09/27/1996 09127/1997 09/27/1998 09/27/1999
2353 09/27/1996 09127/1997 09/27/1998 09/27/1999
2354 09/27/1996 09,27/1997 09/27/1998 09/27/1999
2355 09/27/1996 09/27/1997 09/27/1998 09/27/1999
2356 09/27/1996 09/27/1997 09/27/1998 09/27/1999
2357 09/27/1996 09/27/1997 09/27/1998 09/27/1999
2958 09/271996 09/27/1997 09/27/1998 09/27/1999
2 359 09/27/1996 09/27/1997 09/27/1998 09/27/1999
'36C 09/27/1996 09127/1997 09/27/1998 09/27/1999
2361 09/27/1996 09127/1997 09/27/1998 09/27/1999
2362 0912711996 09'2711997 09/27/1998 09/27/1999
2363 09/27/1996 09/27/1997 09/27/1998 09/27/1999
2354 09/27/1996 09,27/1997 09/27/1998 09/27/1999
2365 09/27/1996 09127/1997 09/27/1998 09/27/1999
2366 10/11/1996 1011)1997 10/11/1998 10/11/1999
2367 10/11/1996 10111/1997 10/11/1998 10/11/1999
2368 10/11/1996 101111/1997 10/11/1998 10/11/1999
2369 10/11/1996 10111/1997 10/11/1998 10/11/1999
2370 10/11/1996 10111/1997 10/11/1998 10/11/1999
2371 10/11/1996 10/1111997 10/11/1998 10/11/1999
2382 10/11/1996 10/11/1997 10/11/1998 10/11/1999
2383 10/11/1996 1 0111/1997 10/11/1998 10/11/1999
2387 10/11/1996 10111/1997 10/11/199B 10/11/1999
2388 10/11/1996 /0/1111997 10/11/1998 10/11/1999
2389 10/11/1996 '0/11/1997 10/11/1998 10/11/1999
2470 10/11/1996 10111/1997 10/11/1998 10/11/1999
2474 10/11/1996 10/11/1997 10/11/1998 10/11/1999
2475 10/11/1996 10111/1997 10/11/1998 10/11/1999
-2481 10/11/1996 1011/1997 10/11/1998 10/11/1999
2482 10/11/1996 10/11/1997 10/11/1998 10/11/1999
2433 10/11/1996 10/11/1997 10/11/1998 10/11/1999
2484 10/11/1996 10111/1997 10/11/1998 10/11/1999
2485 10/11/1996 10i 11/1997 10/11/1998 10/11/1999
2456 10/11/1996 10/11/1997 10/11/1998 10111/1999
WalkAbout Computers Confidential 12/15/1999 Page 1
FCC'1.
41%
�`. # City of Elgin Agenda Item No.
�'QATEDFE6ryE
October 5, 2000 L
TO: Mayor and Members of the City Council N ,
FROM: Joyce A. Parker, City Manager.
SAFE COMMUNITY
SUBJECT: Renew Two-Year Extended Internal Maintenance Warranty
on WalkAbout Laptop Computers in Police Vehicles
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider renewing a two-
year extended warranty agreement for police vehicle laptop
computers with WalkAbout Computers, Inc. This contract will
provide all labor and materials to maintain the
internal/proprietary components of the WalkAbout "Hammerhead"
laptop computers installed in police vehicles .
BACKGROUND
The Police Department currently operates 51 "Hammerhead" laptop
computers installed in squad cars that were bought from WalkAbout
Computers, Inc. in 1996. The laptop computers in most cases are
used 24 hours a day. The laptop computers are a component of the
Computer Aided Dispatch System (CAD) and when originally placed
into operation in September of 1996, they were under a two-year
warranty. After the initial two-year warranty expired the City has
contracted with WalkAbout Computers on a bi-annual basis to
extended the warranty period another two years . The current
warranty with WalkAbout Computers expires September 30, 2000 . The
recommended agreement will extend the warranty again for another
two year period from October 1, 2000 - September 30, 2002 until
they are replaced in 2003 . Under this extended warranty, WalkAbout
Computers will provide all labor and materials to maintain the
internal/proprietary components of their "Hammerhead" laptop
computer. The proposed agreement will provide the same coverage on
the laptop computers as our current two-year extended warranty
agreement with WalkAbout Computers. This agreement also includes
battery replacement for each laptop each year. The cost of this
two-year extended warranty on an annual basis is $11, 475; total for
two years is $22, 950 . WalkAbout Computer' s hourly rate to provide
maintenance on the internal components of the laptops is $55 per
hour plus parts if the City does not renew the extended warranty.
The recent experience indicates there is approximately 19 hours of
. L
Renewal of Extended Warranty
October 5, 2000
Page 2
maintenance work per month that is performed by WalkAbout Computers
on the units . The cost of the two-year extended warranty is
significantly less expensive than maintaining the units on an
hourly time and materials basis ($956 per month with warranty vs .
$1, 100 per month without warranty, not including battery
replacement) . The "Hammerhead" laptop computers are WalkAbout
Computer proprietary equipment and they are subsequently a sole
source provider for service on the equipment . The replacement cost
for the laptop computers is approximately $7, 000 per computer. The
911 Board has budgeted to replace these computers in 2003 . Until
they are replaced in 2003, the 911 Board is recommending the City
contract with WalkAbout Computers for a two-year extended warranty
agreement which will cover internal/proprietary maintenance work on
the computers .
GROUPS /INTERESTED PERSONS CONTACTED
Emergency Telephone System Board (ETSB) and the City' s MIS
Department .
?"1/L.,FINANCIAL IMPACT
The cost for this service is $956. 25 per month or $22, 950 for the
two-year extended warranty period of October 1, 2000-September 30,
2002 . The new monthly cost of $956. 25 is $106 . 25 less per month
than our current agreement . This expenditure was approved by the
911 Board at their August 17, 2000 meeting and can be paid for from
the E911 fund account number 220-0000-791 . 40-08 .
v ptt//LEGAL IMPACT
"� None.
ALTERNATIVES
The alternative to entering into this agreement would be to pay for
the internal maintenance service on an hourly basis at $55/hour
plus parts . Based on maintenance work estimates, this cost would
total approximately $1, 100 per month plus parts and materials .
Renewal of Extended Warranty
October 5, 2000
Page 3
RECOMMENDATION
It is recommended that the Mayor and City Council approve entering
into a two-year extended warranty agreement with WalkAbout
Computers, Inc. to provide internal/proprietary maintenance work on
the computers at a monthly cost of $956. 25 per month/$22, 950 for
the two-year period.
Res ectfully submitte ,
(_-
ce . Parker
City Manager