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Home My WebLink About21-181 Resolution No. 21-181 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH 836 TECHNOLOGIES CORPORATION FOR TACTICAL VIDEO PHONE, CINT COMMANDER II NEGOTIATIONS RECORDING AND CONTROL SYSTEM EQUIPMENT 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 a Purchase Agreement on behalf of the City of Elgin with 836 Technologies Corporation,for tactical video phone,CINT commander II negotiations recording and control system equipment, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 1, 2021 Adopted: December 1, 2021 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 1st day of December , 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and 836 Technologies Corporation, a Montana corporation, (hereinafter referred to as "836 Technologies"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 836 Technologies 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 terms and conditions contained herein and as provided by Attachment A, attached hereto and made a part hereof. 3. 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. 836 Technologies 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 836 Technologies agrees that service by first class U.S. mail to 836 Technologies, 4890 Technology Court, Missoula, MT 59808 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. 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. 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 fills force and effect. 7. 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, 836 Technologies 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, 836 Technologies hereby certifies, represents and warrants to the City that all of 836 Technologies'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. 836 Technologies 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 836 Technologies to determine 836 Technologies's compliance with the provisions of this section. In the event the City proceeds with such an audit, 836 Technologies shall make available to the City 836 Technologies's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. 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 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. CONFLICT. 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 supersede and control. 10. PAYMENT. City shall pay the total sum of$31,844 within thirty (30) days of shipment or city's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. The City warrants to 836 Technologies that it has received the proper City Council approval for the purchases described in Attachment A and that the purchases are not dependent upon receiving any state or federal grants. 11. DELIVERY. 836 Technologies shall complete delivery of all goods on or before March 1, 2022 if the City places the order by January 1,2022. 836 Technologies shall have 60 days to fill the order if the order is placed after January 1,2022. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at 836 Technologies's sole expense. 13. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, rights whatsoever. Anydelayg punitive or incidental damages for any reason or failure to enforce any by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as,a waiver of any such rights. 14. LIMITATION OF ACTIONS. 836 Technologies 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. 15. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 2 The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. 836 TECHNOLOGIES CORPORATION CIT IN Print am ichard G. ozal, City Manager Atte t: Signature SA.L4 S ity Clerk Title F:\Legal Dept\Agreement\836 Technologies Purchase Agr-Crisis Negotiation Equip-11-17-21.docx 3 ATTACHMENT A 836 TECHNOLOGIES Quote 4890 Technology Court �C Missoula,MT 59808 Phone# Date Quote# 844-239-7109 11/8/2021 MT-2021-199 Name/Address Ship To Elgin Police Department Elgin Police Department 151 Douglas Ave. 151 Douglas Ave. Elgin,IL 60120 Elgin,IL 60120 Rep Terms BF Net 30 Item Description Qty Total CINT COM.II THE CINT COMMANDER II SIMULTANEOUSLY CONNECTS I 14,028.00 AND COMMUNICATES THROUGH LANDLINES,CELL PHONES, AND TACTICAL PHONES FOR CRISIS NEGOTIATIONS.THE SYSTEM AUTOMATICALLY RECORDS IN MP3 FORMAT, MAINTAINS RECORDS,INCIDENT LOGS,AND TRACKS PERSONNEL ASSIGNMENTS.THE SYSTEM ALSO NETWORKS WITH UP TO 50 COMPUTERS TO ASSIST WITH NEGOTIATIONS AND TACTICAL PLANNING.ADDITIONAL FEATURES INCLUDE:TWO HEADSET PORTS(ALLOW FOR TWO NEGOTIATORS),TPI INPUT INTERFACE,TWO BUILT IN CUSTOM BLUETOOTH INTERFACES WHICH ALLOW FOR BLUETOOTH SPEAKER AND CELL PHONE CONNECTIVITY, SPEAKER PHONE CAPABILITY WHEN USED WITH THE 836 TACTICAL VIDEO PHONE, UPGRADE PACKAGE AVAILABILITY FOR VIDEO PHONE CHEMICAL SENSING (sensing package must be purchased separately when available), MANUAL MUTE BUTTONS ALLOW FOR PUSH TO TALK CAPABILITIES FOR BOTH NEGOTIATORS IF DESIRED,AND PANEL MOUNT OPTION(MUST BE SPECIFIED AT TIME OF ORDER). CINT Commander II(Negotiations Recording and Control System). This system also includes software that allows it to be used as a pretext phone call device with digital recording,data logging,and control features.The system includes the following items: 1.COMMBox 2.Primary laptop computer 3.Software with free software updates online 4.All required cables 5.Two upgraded Sigtronics over the ear headsets 6.Integrated room monitor speaker 7.Pelican carrying case with room for computers 8.Two integrated 836 Bluetooth modules 9.External TPI input port 10.Technical Support Total Page 1 836 TECHNOLOGIES Quote 4890 Technology Court Missoula,MT 59808 Phone# Date Quote# 844-239-7109 11/8/2021 MT-2021-199 Name/Address Ship To Elgin Police Department Elgin Police Department 151 Douglas Ave. 151 Douglas Ave. Elgin,IL 60120 Elgin,IL 60120 Rep Terms BF Net 30 Item Description Qty Total 11.Five year limited warranty(refer to warranty information) CINT Satellite/Incident Management Software which allows you to connect up to 50 computers via a LAN to the CINT Commander system.This system allows you to enter and update records including photos,review the main log,make entries to the main log,and communicate amongst the other computers on the network.This system includes free software updates for life. Total Page 2 836 TECHNOLOGIES Quote 4890 Technology Court Missoula,MT 59808 Phone# Date Quote# 844-239-7109 11/8/2021 MT-2021-199 Name/Address Ship To Elgin Police Department Elgin Police Department 151 Douglas Ave. 151 Douglas Ave. Elgin,IL 60120 Elgin,IL 60120 Rep Terms BF Net 30 Item Description Qty Total Satellite/Networking Package Satellite computer package includes everything you need to I 3,930.00 successfully operate Satellite network while using the CINT Commander II and 836 Tactical Video Phone.This package includes two Satellite computers to be used in conjunction with the main computer that is included with the CINT Commander II.Both Satellite computers will be loaded with the CINT Satellite Software,and the network will be configured to operate with the primary CINT Commander computer.The package includes a router to be used as part of the network.This package enables you to use the CINT Commander II to its fullest potential by allowing networked communications.We use HP,ASUS,ACER,and Toshiba brand computers.The following computer specs are minimum specs that will be included in the computers that you will receive. 15.6"diagonal HD SVA BrightView WLED-backlit(1366 x 768),256 GB M.2 SSD,8 GB DDR4-2666 SDRAM(1 x 8 GB),802.11 ac/b/g/n (1 x 1)Wi-Fi and Bluetooth 4.2 combo,Microsoft Office 365 1 year, Windows 10 Home 64,No Optane,Webcam with digital microphone, 3-cell,41 Wh lithium-ion prismatic battery,Intel Core i5-10210U(1.6 GHz,up to 4.2 GHz,6 MB cache,4 cores)+Intel UHD Graphics. The included Wi-Fi router will include the following minimum specs: Up to 3.2 Gbps data transfer rates With up to 600 Mbps at 2.4GHz with QAM support+1.3 Gbps at 5.0GHz+1.3 Gbps at 5.0GHz tri-band Wi-Fi help ensure rapid performance and help ensure all of your home's devices stay connected.Compatible with 802.1 lac.For use with your existing devices;backward compatible with a/b/g/n.6 high-performance antennas. 1.0GHz dual-core processor with 3 offload processors.Four 10/100/1000 Mbps Gigabit Ethernet LAN ports and 1 WAN port enable quick and simple wired connectivity.1 USB 3.0 port and 1 USB 2.0 port. Total Page 3 836 TECHNOLOGIES Quote 4890 Technology Court �l Missoula,MT 59808 Phone# Date Quote# 844-239-7109 11/8/2021 MT-2021-199 Name/Address Ship To Elgin Police Department Elgin Police Department 151 Douglas Ave. 151 Douglas Ave. Elgin,IL 60120 Elgin,IL 60120 Rep Terms LW Net 30 Item Description Qty Total 836 Tactical Video Phone Model VID-AC1:The 836 Tactical Video Phone is a five camera high I 13,476.00 resolution video throw phone system which contains the following features: 1.Five integrated color high resolution video cameras 2.Five channel continuous feed for video and audio outputs,which allows for the recording and display of all five cameras simultaneously 3.Custom 836 Tactical Console with an integrated 8 channel DVR H264 D1-Real time recording,2TB Hard Drive,24X DVR Burner, LCD monitor,integrated room monitor speaker,audio out,inputs for 3 additional cameras,and military grade carrying case. 4.One set of headphones for the Tac Team module 5.Integrated 836 designed highly sensitive covert microphone 6.Throw case containing hardened industrial style handset with 32" armored cable. 7.Integrated Speakerphone for two way communication. 8.50 feet of armored cable attached to the throw case 9.TWO 500'SPOOLS WITH EXTENSION ADAPTER IN PLACE OF 1000'WHEELED CART 10. 15'extension video cable 11.Portable wire spool(wheeled cart) 12.Complete compatibility with the CINT Commander System 13.Five year limited warranty(refer to warranty information Shipping Fed Ex Freight/Shipping-TBD 410.00 All quotes are valid for 60 days unless otherwise stated.All transactions are in US Dollars. Total $31,844.00 Page 4