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HomeMy WebLinkAbout24-77 Resolution No. 24-77 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DIGITAL INTELLIGENCE, INC. FOR THE PURCHASE OF DIGITAL INTELLIGENCE FORENSIC RECOVERY OF EVIDENCE DATA CENTER WORKGROUP 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 Digital Intelligence,Inc.,for the purchase of digital intelligence forensic recovery of evidence data center workgroup, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2024 Adopted: March 6, 2024 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 6th day of March, 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Digital Intelligence, Inc., a Wisconsin corporation(hereinafter referred to as"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 Seller shall sell and install the goods and/or services to the City as described in the three (3) page proposal dated July 25, 2023, Quote No. 20230724A1, attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions of this Agreement and Attachment A,the terms and provisions of this Agreement shall supersede and control. 3. LAWNENUE. 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. Seller 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 Seller agrees that service by first class U.S. mail to Digital Intelligence, Inc., 17165 West Glendale Drive, New Berlin, WI, 53151,shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 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. INTEREST. Seller 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. 1 7. 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. 8. 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, Seller 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,nondiscrimination and legal status of employees. 9. COUNTERPARTS AND 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. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means 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 facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Fifty-Three Thousand Fifty Dollars ($53,050.00) within thirty (30) days of delivery and installation or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs.The City of Elgin is a tax-exempt governmental entity. 11. 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. 12. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery and installation of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify,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 Seller or Seller'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,its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,components, and services to the benefit of the City. 2 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. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,punitive or incidental damages for any reason whatsoever.Any delay or failure to enforce any rights 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. 17. LI MITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION.The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status,sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants,prospective job applicants,and subcontractors. The persons 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. DIGITAL INTELLIGENCE, INC. C " ' LGIN Jenny Stippich -Quote Q20240223A l Richard G. Kozal,City Manager Print Name Attest: gnatu e 0/1111C Inside Sales Representative ity Clerk Title legal DeptlAgreementDigital Intelligence Purchase Agr-Server-2-22-24.docx 3 ATTACHMENT A Digital Intelligence Request for Quote ntasterin:ili, n of,lieita) IUrew-ik- Digital Intelligence,Inc. Date Quote# 17165 West Glendale Drive 7/25/2023 20230729A1 New Berlin,WI 53151 Voice: (262) 782-3332 Fax: (262) 782-3331 Email: sales©digitalintelligence.com Fed Tax ID # 39-1957034 Customer Detective Carla Carter #332 Elgin Police Department 151 Douglas Avenue Elgin, IL 60120 Desk: (847) 289-2618 Cell Phone: (847) 627-0017 Carter_C@cityofelgin.org Item Description Quantity Unit Cost Total K6100 Forensic Recovery of Evidence Data Center 1 43,000.00 43,000.00 Workgroup Server (FREDC-WG) consisting of: F623O Forensic File Server (4U) 1 Dual(2) Intel® Xeon® 4210 CPUs, (10 Core) 2.2 GHz/3.2 GHz, 13.75MB Cache [T1342B] 128 GB(4x32GB) PC4-21300 DDR4 2666 MHz ECC Memory [T2326] 180 TB Internal RAID Array (139 TB user accessible RAID 6 fault tolerant storage), 10 X 18 TB Drives) 1 x 500 GB 7200 RPM SATA Hard Drive in removable drive bay - Disaster Recovery Drive 4 port (16 channel) 12Gb/s SAS controller card Detailed System Specifications: 4U Rackmount Enclosure (10 Bays) 1200 Watt Modular Power Supply Dual Intel® Socket P (LGA 3647) Motherboard for Intel® Xeon® Scalable Processors Family (205W) Intel® C621 Chipset 12 DIMM Slots supporting DDR4 2666/2400 Registered ECC (RDIMM, LR-DIMM) Memory - up to 768 GB 7 PCI-Express 3.0(x16)Slots 8 ports Intel® 6 Gb/s SATA Controller 2 ports ASMedia® 6 Gb/s SATA Controller 4 x U.2 connector 1 x M.2 Socket 3, with M Key 2 Intel® I210-AT Gigabit LAN RJ45 ports Realtek® 51220A 7.1-Channel High Def Audio CODEC 1 x Optical S/PDIF out 1 x 8-channel Audio I/O 1 PS/2 Ports (Keyboard & Mouse Combo) Intel® X550-T2 l0GbE LAN controller - 2 port 4 USB 2.0 Ports - 2 Back, 2 Front Mounted 10 USB 3.0 Ports - 10 Front Mounted Page 1 of 3 • Digital Intelligence Request for Quote mastering the icmc Digital Intelligence, Inc. Date Quote# 17165 West Glendale Drive 7/25/2023 20230729A1 New Berlin,WI 53151 Voice: (262) 782-3332 Fax: (262) 782-3331 Email: sales@@digitalintelligence.com Fed Tax ID# 39-1957034 4 USB 3.1 Gen 1 ports - Back Mounted 1 USB 3.1 Gen 2 port - Back Mounted 1 USB 3.1 Gen 2 Type C port - Back Mounted Aspeed AST2500 64MB VRAM Graphics Controller 4 x 2.5" SATA Drive Chassis with external access 2 x RAID Chassis with 5 removable drive bays each (10 total) BD-R/BD-RE/DVD±RW/CD±RW Blu-ray Burner Dual-Layer Combo Drive S1601 Operating System Software - Open SUSE LEAP Operating System S1615 Xming X Server Software for FREDC 1 S1616 Eltima USB Network Gate Software for FREDC 1 S1626 FREDC Backup Software - NetVault 1 T6018 LTO-8 Ultrium Robotic Tape Library (2U) LTO-8 Ultrium Drive, 24 Slot Library, SAS interface T6015 LTO-8 Media Set Qty 11 x Data Media (12 TB/30 TB capacity) Qty 1 x Cleaning Media T6233C 10 Gigabit (Copper) Network Switch 1 Qty 1 x Fully managed, line-rate 10G Copper 'Base- r' rackmount switch. Supports up to 24 l0GBase-T (RJ45) T6236 24 Port Rackmount Cat 6A Patch Panel (1U) 1 C6001 Cat 6 10ft Cables (Black) 3 C6002 Cat 6A lft Patch Cable Set 24 C6003 Cat 6A 10ft Patch Cable Set 2 X9070 Rackmount 19 inch LCD Display with integrated Keyboard/Track Pad (1U) T6214 12 Outlet 15A 120V Rackmount Power Strip 1 X9072 2U Rackmount Shelf 1 T6245 24U Rack Mount Cabinet, Black, 42" deep with rear ventilation fans - 24" (w) x 43"(d) x 50"(h) Three Year Warranty IN_ IN: 3 years hardware warranty, lifetime technical support (telephone, email, online support ticket system) Page 2 of 3 Digital Intelligence Request for Quote masterin (or n i. Digital Intelligence,Inc. Date Quote# 17165 West Glendale Drive 7/25/2023 20230729A1 New Berlin,WI 53151 voice: (262)782-3332 Fax: (262)782-3331 Email: saless^digitalintelligence.com Fed Tax ID# 39-1957034 Onsite Installation, Configuration, and 1 3,000.00 3,000.00 Equipment Orientation (Continental US) US SITE REQUIREMENTS Standard 120 Volt Electrical Requirements: FREDC- WG requires a 20 Amp, 120 volt circuit with a NEMA 5-15R receptacle. Cooling Load: System is capable of providing 2000 watts of power at maximum output resulting in a maximum heat output of about 6800 BTU/HR for cooling load. Standard build utilizes approximately 1500 watts or about 5100 BTU/HR. Network Cabling: Cat6A (for 10G network) cabling should extend from FREDC-WG location directly to work stations included in the forensic network. Cabling at FREDC location should be terminated with standard RJ45 plugs and 10 feet of excess length. Cat5e(for 1G network)cabling can be utilized but will decrease network performance. XM621 1 Year Hardware Extended Maintenance (4 years 1 6,450.00 6,450.00 total with original 3 year warranty) Freight and Delivery charges (CONUS) 1 600.00 600.00 Note: All freight deliveries are dock or curb-side only All prices are in U.S. Dollars Subtotal $ 53,050.00 WI Sales Tax $ 0.00 This quote is valid for 30 days from date of issue. To order please FAX P.O.to(262)782-3331 or email to salesCa)diaitalintellioence.com Total $ 53,050.00 Thank you for your interest Prepared by:Amanda Stone&CMG Rev.04212022 Page 3 of 3