HomeMy WebLinkAbout21-0922 Midwest Computer Products September 22, 2021 Agenda
Bid Item: #5-Kane County Bid 09-019-Technology Upgrades and
Expansion of the Police Roll Call Room ($98,163)
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 22nd day of September--,
2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City") and Midwest Computer Products, Inc., an Illinois corporation, (hereinafter referred to
as "Midwest" or"Seller").
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. PURCHASE. City shall purchase, and Midwest shall sell the goods and/or services
described by Attachment A,attached hereto and made a part hereof.
2. TERMS. This agreement shall be subject to the price, terms and conditions
contained herein; as provided by Attachment A; and as provided by a joint purchase agreement
through the County of Kane, under RFP No. 33-019, incorporated herein by reference
(hereinafter referred to as the"JPA").
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3. CONFLICT. In the event of any conflict between any of the terms and provisions of this
agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions
of this agreement shall control. In the event of a conflict between Attachment A and the JPA,
Attachment A shall control
4. LAW/VENUE. 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.
Midwest 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 Midwest
agrees that service by first class U.S. mail to Charles A. Dunlop, 820 E. Terra Cotta Avenue,
Suite 139, Crystal Lake, Illinois 60014 shall constitute effective service. Both parties hereto
waive any rights to a jury.
5. NO MODIFICATION. There shall be no modification of this agreement, except in
writing and executed with the same formalities as the original.
6. MERGER. This agreement embodies the whole agreement of the parties regarding the
subject matter hereof. There are no promises, terms, conditions or obligations other than those
contained herein regarding the subject matter hereof, and this agreement shall supersede,
supplant and replace all previous communications, representations or agreements, either verbal,
written or implied between the parties hereto regarding the subject matter hereof.
7. INTEREST. Midwest 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.
8. SEVERABILITY. 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 remainder of this agreement shall remain in full force and effect.
9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement,
it is expressly agreed and understood that in connection with the performance of this agreement,
Midwest 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, Midwest
hereby certifies, represents and warrants to the City that all of Midwest'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. Midwest 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
Midwest to determine Midwest's compliance with the provisions of this section. In the event the
City proceeds with such an audit, Midwest shall make available to the City Midwest's relevant
records at no cost to the City. City shall pay any and all costs associated with any such audit.
10. PAYMENT. City shall pay the total sum of$103,972.70 and shall be paid as follows:
50%down payment upon acceptance of the design with remaining 50%due 15 days after system
commissioning. The aforementioned total sum is inclusive of all applicable freight, shipping
and taxes.
11. DELIVERY. Midwest shall complete delivery of all goods and/or shall provide all
services on or before March 1, 2022.
12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this agreement. In no event shall City
be liable for any consequential, special or punitive damages, or any damages resulting from loss
of profit.
13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City
upon delivery of any applicable goods.
14. INDEMNIFICATION. To the fullest extent permitted by law, Midwest 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 Midwest or Midwest'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,
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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.
15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the parties hereto.
16. LIMITATION OF ACTIONS. Midwest shall not be entitled to, and hereby waives,
any and all rights that it might have to file suit or bring any cause of action or claim for damages
against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and
commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date
of this Agreement.
17. NO WAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and
shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities
afforded the City and/or Midwest and/or their officials, officers, employees and/or agents
pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745
ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01
et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil
immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully
apply to any claims asserted or which might be asserted against the City and/or the District
and/or their respective officials, officers, employees and/or agents as a result of this agreement
or any actions of the Parties pursuant to this agreement.
18. EXECUTION. 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 which may be signed electronically or 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.
The person signing this agreement certifies that s/he has been authorized by the Seller to
commit the Seller contractual and has been authorized to execute this agreement on its behalf.
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IN WITNESS WHEREOF the parties have hereto set their hands the day and year first
above written.
MIDWEST COMPUTER PRODUCTS,INC. CITY OF ELGIN
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Print Name Ric aid G. K&a ity an r
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Tit Fe City Clerk
F\Legal lkptlAgrcemcntlMidwcst Computer Products-Purchase Agr-Roll Call Room&Video Wall-6-1-21.docx
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ATTACHMENT A
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Elgin Police Department UPDATED 07/27/2021
151 Douglas Ave
Elgin, IL 60120
Project: 717469 Roll Call Room 8a Video Wall
Project Summary
Role Call Room:
MCP will refresh the technology within the Elgin Police Department Roll Call
room, by adding a distributed video system, in ceiling speakers, microphone and
a slim modern lectern. An intuitive touch panel will be installed on the lectern,
which will easily and effectively drive the meetings.
Video Wall:
MCP will replace two video walls within the Elgin Police Department. The first
one is in the hallway, with the other being in the Roll Call Room. Instead of
replacing them with new mounts and displays, MCP will install a 98 inch display
in each area, which will be segmented into different zones.
Each display will have the four (4) owner furnished computers attached to
supply the content. The Roll Call display will also be connected to the in-room
control system allowing it to be used during critical meetings when a 3M display
is required.
System Overview
ROLL CALL ROOM
Display System:
• Replacing the existing projection system will be two 98" displays. These
will display either the same or different source, pending on the situation.
Each display will be wall mounted to the left and right of the center
whiteboard (where the existing projection screen is located). Allowing use
of the whiteboard and sufficient viewing from either side.
o Stylish and sleek design allows for easy and unobtrusive
integration into any environment
* 350 cd/m' brightness combined with UHD resolution and new
anti-reflective screen surface will capture the attention of the
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audience while allowing for clear visibility in higher ambient light
conditions
o SpectraView Engine allows for complete color, intensity, gamma or
uniformity control for the ultimate imaging performance
o Industrial-strength, premium-grade panel with additional thermal
protection, internal temperature sensors with self-diagnostics and
fan-based technology, allows for hassle-free 24/7 operation
o Full 3 year commercial warranty to allow for peace of mind and
protection of this investment
(Free upgrade to 5 year, after registering warranty with NEC - Valid
4/1/20 - 9/30/21)
• When in presentation mode, the displays can display the same content.
Otherwise, the displays can show different content, such as Social Media
feeds, local news, community cameras, maps, ect. with existing sources.
On a separate installation, the existing video wall will be replaced with a
98" display, which can also be used as a 3,d display, during crisis events.
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Audio System:
• 6 6.5 inch ceiling speakers will be installed, which will evenly distribute
the audio throughout the room.
• A two channel 60 watt amp will power the ceiling speakers.
• A gooseneck microphone will be placed on the lectern, which can be used
when needed.
• A Digital Signal Processor (DSP) will be used to combine and distribute
audio from the video sources and microphone, to the speaker system.
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Connectivity & Connected Devices:
• In order to simplify the design and scalability of the system, MCP will
install an AV over IP (AVoIP) backbone. This will allow the displays and
sources to be connected and distributed over IP, which provides more
flexibility and ease of use. Essentially, any connected source can be
distributed to any connected display. This will be a separate closed
network, not part of the existing Elgin PD network.
• Versus traditional cable runs, encoders and decoders will have sources
and displays connected to them. Which will be managed by a network
switch and controlled by a touch screen control system.
Sources:
• At the lectern, a dedicated Owner Furnished Equipment (OFE) PC will be
installed and connected to a 24" Full HD PCAP Touch Display. In
addition to the dedicated PC, a laptop connection will be available, via
HDMI. Also, a wireless receiver will be integrated, allowing anyone to
display their laptop, tablet or mobile device to the desired screens.
• A robust document camera, with 4K Ultra HD resolution at up to 30fps
and 288x zoom will be installed at the lectern. The same document
camera has been trusted for use by the ATF, US Justice Department and
HK for gun repair at Quantico.
• An OFE Cable Box will be supplied and integrated into the system
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Video Inputs:
OFE Computer
Laptop
Document Camera
Wireless Connection
Cable Box
Video Wall Processor (Separate Installation)
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Control System
• In order to run the system, a 10" touch control panel will be placed on top
of the lectern, which will have a custom intuitive Guided User Interface
(GUI) to run the meeting.
• Prior to installation the MCP Design Team will have the GUI approved by
the Elgin Police Department. After implementation, a single change will
be allowed, within 30 days.
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Lectern & Equipment Storage
• A compact lectern will be customized for the Elgin Police Department,
that will include:
o Pullout Tray for Keyboard & Mouse
o Flip-Top Shelves ( White Chalk Dry Erase laminate)
o Adjustable Light
o Gooseneck microphone
o Touch Control Pad
o Touch Monitor for Dedicated PC
o Custom Logo (2 Colors .ai or .eps required)
o Equipment Rack for Equipment Storage
• MCP will also utilize the existing equipment rack, in the room behind the
Roll Call and add a functionable door to house the equipment.
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Surge Protection & Power Back-Up
• Each Equipment Rack will house a back up power supply and surge
protection, ensuring that the equipment does not fail and get the
electronics damaged, during a power outage or surge.
VIDEO WALL
Display System:
• The hallway display will be wall mounted where the existing Video Wall
is located. While the display within the Roll Call Room will be installed
towards the front half of the room, on a side wall, either on the left or
right hand side of the room.
o Stylish and sleek design allows for easy and unobtrusive integration
into any environment
0 350 cd/m2 brightness combined with UHD resolution and new anti-
reflective screen surface will capture the attention of the audience
while allowing for clear visibility in higher ambient light conditions
o SpectraView Engine allows for complete color, intensity, gamma or
uniformity control for the ultimate imaging performance
o Industrial-strength, premium-grade panel with additional thermal
protection, internal temperature sensors with self-diagnostics and
fan-based technology, allows for hassle-free 24/7 operation
o Full 3 year commercial warranty to allow for peace of mind and
protection of this investment
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(Free upgrade to 5 year, after registering warranty with NEC - Valid
4/1/20 - 9/30/21)
Video Processor
• A multi-window video wall processor will be installed and used to
connect the 4 OFE computers to the 98" displays.
o Display up to four source windows that scales and presents up to
four 4K/60 source signals on a single screen
o The Vector 4K scaling engine is specifically designed for critical-
quality 4K imagery, with best-in-class image upscaling and
downscaling.
0 128 window configuration presets —A total of 128 default window
presets are available and customizable to allow quick saving and
recall of size, positioning, priority, and border style for each window.
o Fully customizable window layouts — Up to four windows can be
sized, positioned, and overlapped anywhere on the display, with
additional adjustments for zoom and priority.
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Connectivity ! ',�'
Similar to the Roll Call Room, both displays and the video processor will
be connected through an AV over IP system. This will allow each display
to show either the same or different content. More importantly, the
display installed in the Roll Call Room will also have the ability to be as
a 3rd display device, during critical situations.
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Installation Eselusions—The following work is not included in our Scope of Work
• Any necessary ceiling modifications for the projector and screen including T-Bar
refinishing.
• Ceiling tile replacement and or repair.
• All conduits, high voltage wiring panels, breakers, relays, boxes, receptacles, etc.
• Concrete saw cutting and/or core drilling.
• Fire wall, ceiling, roof and floor penetration.
• All millwork (moldings, trim, cut outs, etc.).
• Furniture modifications (table cuts, credenza cuts, etc.).
• Painting and patching.
• Permits (unless specifically provided for and identified within the contract).
Client Responsibilities
• Providing all required permits and passes for MCP personnel.
• All AC power, including power cabling, equipment, receptacles, floor boxes, risers,
conduit between risers, raceways, etc., will be furnished, installed and made
available at MCP required locations b others.
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• All Network configurations including IP addresses are to be provided, operational
and functional before integration begins. MCP will not be responsible for testing
the LAN connections.
• Cable or Satellite drops must be in place with converter boxes operational before
the completion of integration.
• There is a temporary secure storage area for equipment during a multiple-day
integration.
• Scheduling all necessary employees for system training.
Assumptions—if these prove false a Change Order will be required
• There is sufficient accessibility and space in ceiling area for infrastructure support
hardware.
• Any owner furnished equipment shall be available to display and test system
audio/video connections and will integrate with the purchased equipment and
systems).
• Any owner-furnished equipment shall be in good working order. Cost to repair or
replace defective equipment shall be in addition to the proposed cost herein.
• This proposal, if applicable, is based upon the re-utilization of existing cabling
and/or equipment, which is assumed to be in proper operating condition. In the
event that it is determined that the existing cabling and/or equipment is not in
proper operating condition, MCP will submit a proposal for the additional costs to
furnish and install new cabling and/or equipment where required.
• All above ceiling cable runs are assumed to have an unobstructed path from end to
end unless otherwise noted. Any walls, beams, etc. discovered during the
installation process necessitating additional unplanned labor and time will result in
a change order with additional costs.
• If consumer grade flat panel displays (TVs) are specified by the end user as part of
the integration project and they prove to be defective or incompatible with the
proposed system, a return charge of$ 350.00 per TV will be assessed to correct the
problem.
• There is ready access to the building / facility and the room(s) for equipment and
materials.
• This proposal is based on a continuous work cycle, with no delays, performed
during normal working hours. Monday through Friday, excluding company
holidays.
• The documented Change Control process will be used to the maximum extent
possible - the Client will have an assigned person with the authority to
communicate/approve project Field Directed Change Orders and Contract Change
Orders.
• Manufacturer equipment latest firmware updates will be performed during the
course of the installation. No Manufacturer firmware will be incorporated after
Substantial Completion (equipment/room available for Client's functional use) has
been achieved. Further firmware updates are the Client's responsibility or MCP
can be contracted on a time and materials basis to perform further updates. It
should be noted that a firmware update on one piece of equipment may require
other items to be updated as well in order to maintain system integrity and
optimum functionality.
• MCP will be allowed to photograph the finished project and post pictures on its
website. The owner's name will not be used without written permission.
Implementation Standards
MCP will follow a foundational project management process which may include the
following actions/deliverables (based on the size/complexity/duration of the
integration project):
Project Management: MCP shall coordinate:
• Developing a project schedule (with Client and MCP milestones).
• Staging equipment and materials at shop and installation site.
• Submittals of operator manuals of all equipment documentation.
• Installation supervision.
• Substantial Completion (room available for use)
• Completion of final punch list items.
On-Site Installation shall include:
• Pulling, bundling and terminating audio and control cables.
• Installing structural systems for audiovisual equipment.
• Software/hardware testing.
• Adjusting and balancing audio gain as required.
• Assuring the finished system meets the design criteria and functions per the
design concept.
• Site cleanup and disposal, etc.
• Completion of final punch list items.
Amendments of Design or Contract:
• Any changes made to the design of the system or the contractual agreements in
implementation or functionality will require a "Contract Change Order" form
signed by an authorized decision maker for the Client.
• Any price changes that should follow an amendment will be reflected on the final
bill unless otherwise stated or agreed upon by MCP and the client.
• It is understood by the Client that any changes made may affect delivery time
tables and work schedules.
Knowledge Transfer (Training)
This is geared specifically towards the end-user / operator. The purpose of this
knowledge transfer is to provide operators with the necessary knowledge to
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confidently and comfortably operate all aspects of the integrated system. Areas
covered include the following:
• Equipment operation and function
• Equipment start up, stop, and shut down
• Discussion and documentation relating to system processor and its control
applications
• Who to call when help is required
• All persons requiring system training must be present at the agreed upon time.
Return trips to train individuals not present at the agreed upon time will be billed
as an additional charge.
Standard Warranty
MCP and its installation subcontractor warrant the Audiovisual System furnished to be
free from defects in workmanship (i.e. cables, connections and structures) failure for a
period of 90 days from the date of acceptance or first beneficial use. Such defects shall
be corrected in a timely and responsible manner. Manufacturer's equipment
warranties are of varying lengths (usually 90 days to 3 years). MCP shall warranty this
equipment for the term established by the manufacturer on a depot bases. Warranty
does not apply to any product that has been subject to misuse, neglect, accident or
operational error.
Extended Warranty
• Service and support fixed price. This price includes all parts and services
required for the maintenance of the system during the period of the
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• Priority Service Status
• Unlimited Telephone Support
• Parts repair or replacement
• Return phone call by field technician within 3 hours
• Dispatch of technician to site within 12 business hours
• Annual preventative maintenance visits
Coverage:
This proposal will offer Extended Warranty and Service Support for the installed
audio/visual system located in the Roll Call Room. Once agreed upon, MCP will
provide a list of all the equipment to be covered by this proposed contract.
Payment Terms
Payment shall be 50% down payment upon acceptance of the design with remaining
50% due 15 days after system commissioning. Cancellation of this project prior to
completion will result in restocking charges for all equipment and materials.
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System Pricing
Display System $34,015.20
Roll Call Audio $4,707.80
Roll Call Connectivity & Connected Devices: $14,009.00
Roll Call Control System $4,035.80
Roll Call Equipment Rack & Lectern $4,176.60
Roll Call Power $2,172.00
Video Wall Processor $6,712.00
Video Wall Distribution $2,214.40
Cables & Connectivity $544.90
MCP Integration & Installation $24,900.00
Freight $675.00
Total i$98,162.70
Warranty Options
Extended Warranty (1 Year) $ 5,810.00
Extended Warranty (2 Year) $12,345.00
Extended Warranty (3 Year) $19,605.00
Sincerely,
Thomas B. Warda - CTS
Midwest Computer Products, Inc.
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