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HomeMy WebLinkAbout25-0930 Genasys Inc PURCHASE AGREEMENT ,1 �1 � THIS AGREEMENT is hereby made and entered into this %U day of September,2025, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as "City") and GENASYS, MC., a Delaware corporation authorized to do business in the State of Illinois (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: I. PURCHASE. Seller grants the City a non-exclusive, non-transferable right to access and use the Software as described in the seven(7)page proposal,dated July 24,2025,Quote No. Q-14764R9, attached hereto and made a part hereof as Attachment A, and as provided by the Sourcewell Contract #f051321-GYS, incorporated herein by reference (the "Sourcewell Agreement"). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A and the Sourcewell Agreement. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the Sourcewell Agreement, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the Sourcewell Agreement, Attachment A shall supersede and control. 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. 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 Genasys, Inc., 16262 W. Bernardo Drive, San Diego, CA 92127 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. INTENTIONALLY OMITTED. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement arc 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 Twenty-Four Thousand Three Hundred Sixty Dollars($24,360.00)within thirty(30)days of delivery 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. TERM AND DELIVERY. The term of this Agreement shall commence on October 1, 2025, and shall end on November 30, 2026. Seller shall deliver the goods and/or services as described in paragraph 1 above on or before October 1, 2025. 12. INTENTIONALLY OMITTED. 13. INTENTIONALLY OMITTED. 14. INTENTIONALLY OMITTED. 15. INTENTIONALLY OMIT...ED. 16. 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. 17. 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. 18. LIMITATION 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-bat-red. 19. TIME IS OF TILE ESSENCE. Time is of the essence of this Agreement. 20. 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. GENASYS, INC. CITY OF ELGIN Cassandra Monte ,X'FO Richard G. Kozal,City Manager Attest: Signature 9/D 412.S— City Clerk ATTACHMENT A GENASYS, INC., QUOTE NO. Q-14764R9 DATED JULY 24, 2025, SEVEN (7) PAGES (TO BE INSERTED) Sourcewell Awarded Conti du contra 051321<3YS )>>�-= genasys� Proposal for City of Elgin ELGIN POLICE DEPARTM ENT Submitted By: Jesse Lama Account Executive jlama@genasys.com 570.470,7685 Jul 24, 2025 READY WHEN IT MATTERS GENASVS.COM Cor F'ah�:•r:�Como+„Inc•CorMerla;6 Pbprrw.f EXECUTIVE SUMMARY Thank you for considering Genasys to provide a comprehensive Protective Communication Platform for City of Elgin.Genasys is the only company in the market offering a unified protective communications solution for critical communication,evacuation management,and secure collaboration.Agencies across the United States have embraced the Genasys Protect platform in countless emergency events, including wildfires, flooding, hazardous materials incidents,active shooter situations,threats,hurricanes,tornadoes, power outages, public health emergencies,civil unrest,industrial accidents,and more. Genasys Protect is a commercial-off-the-shelf platform that supports various applications for emergency planning, mass notifications for public safety,critical event management,de-escalation tools for defense and law enforcement, and near real-time threat detection for wildfires and severe weather.Our systems already serve over one hundred countries,and we have a strong presence in thousands of cities and counties across the United States.These deployments span public safety,emergency warnings, mass notifications,critical event management, defense,law enforcement,homeland security,and other sectors.This proposal provides details on the following Genasys Protect solutions[X]: [ ] Genasys ALERT delivers comprehensive,zone-based alerting,and multi-channel communication to reach people quickly and reliably where they are.ALERT uses real- time data,sensor integration,and integrate with outdoor ACOUSTICS devices. Genasys EVAC accelerates emergency response and evacuation management by [ ] facilitating decision making,cross-agency collaboration,and targeted communications. EVAC enables you to determine and communicate the proper scope of an incident response or evacuation,replacing guesswork with data-driven intelligence. Genasys CONNECT facilitates smooth,secure,and compliant real-time collaboration [X] among organizations.By keeping teams informed and synchronized within a unified and secure environment,CONNECT ensures mobility,accessible across all device types. Genasys ACOUSTICS provides highly audible and clear voice messaging thousands of [ ] meters away,staying on and connected even during broad power outages and network downtime. Genasys TRAFFIC Al by Ladris enhances and accelerates decision-making with Al- [ ] driven traffic models.Respond swiftly to emergencies with a clear understanding of traffic patterns and effectively plan for roadway and infrastructure improvements. Our team is always ready to support you,ensuring that you have the best resources at your side. Sincerely, Jesse Lama Account Executive ilama@genasys corn 570.470.7685 • Q,iote Nuniocr (1 14164R3 OENASYS.COM 2/7 COMPANY INFORMATION Genasys Inc.(NASDAQ:GNSS)is a global provider of Protective Communication solutions.Our mission is to make communities and first responders better prepared and more effective in planning, communicating,and responding to critical events.We take our responsibility seriously in equipping our customers and communities with tools that contribute to a safer world. Genasys Inc.is headquartered in San Diego,California and originally founded as American Technology Corporation in Utah in 1980.Today,Genasys is recognized for its innovation and leadership in delivering critical communication systems and evacuation management solutions, prioritizing the safety and awareness of people.Our dedicated US-based team of skilled professionals provides continuous support to our clients worldwide. At Genasys,we emphasize customer success as a core value.Our commitment goes beyond delivering a platform;our Customer Success team collaborates with clients to foster engagement through training,drills, live-incident support,and access to engineering plans and roadmaps.This dedicated team comprises individuals with diverse backgrounds, including: • Former first responders from police and fire departments who bring real-world experience to deployments and training. • Former members of the US armed forces with global deployment experience. • Former county emergency management and public information officers with extensive incident management and public communication expertise. • An experienced engineering team renowned for delivering secure, reliable, and effective public safety systems worldwide. Our team is always ready to support you,ensuring that you have the best resources at your side. / ft AM" VMS New r It H........ -411116 Protective communication software and acoustic solutions by Genasys Quo'e Number,Q 14764R8 OENASYL.COM //i7 3// GENASYS CONNECT Genasys CONNECT,formerly Evertel and now part of the Genasys Protect 08133 or ar C3 platform,provides secure, real-time communication and collaboration, ff Herderson County Wll/4rc q addressing the strictest requirements of public safety agencies,hospitals, financial services,and secure business communications. pleiselama 2501 a(re,w.th:OMte.n,,,send With security at its core, CONNECT ensures the integrity and reliability of 1100EST every message,offering a robust platform for both internal and external communication and collaboration.Its speed enables secure exchanges of sensitive information,fostering swift decision-making and cross-agency collaboration.CONNECT provides a secure space where professionals • quickly form ad-hoc groups to support one-off incidents or maintain teams that stay in contact over the long run. Jesse Lama /one I s EVAc,,,,liMe,I HCSO 1t awsohng with nn CONNECT meets HIPAA,CJIS,and FOIA requirements so agencies and Johnston Moo�nd Cherry aunty personnel can communicate in confidence.Genasys CONNECT is the FIRE trndink adedwnal crews to refresh rl"renl Rrrune unlit. ultimate solution for those who demand secure and reliable communication in mission-critical situations. 40 Jos"Lama Chief Benny Pina of Surprise PD in Arizona says"This platform gives us the . L ''�• opportunity for everybody to join in,to settle and solve aproblem as quick PP tY rY Y I Al- as possible...it has to be seen, it has to be experienced truly firsthand." • v - ' Jesse Lama Key Features county Cent.cts C'N4r 4 1:1 Imam kee,I:a • Daily Stakeholder Communication:Unify your organization and • facilitate smooth collaboration with external organizations through (±j real-time communication. • Quick Decision-Making:Enable rapid collaboration,allowing professionals to exchange information, make critical decisions,and respond to events quickly. • Crisis Ready:Key stakeholders will be ready to quickly respond in any crisis through instant communication and a direct connection to law enforcement 24/7. • Full Compliance:Drive compliance, including CJIS, FOIA,and HIPAA,with record retention policies so your agencies or personnel can communicate in confidence. • Built-In Security:Ensures the integrity and dependability of every message,providing secure internal and external exchanges of sensitive information via end-to-end military-grade encryption,all while storing the data within a government-use-only cloud solution. • Vetted Access:Designed for public safety,Genasys CONNECT features durable access management to prevent critical communications from being intercepted. 'F01A FIPS112 VALIDATED C)uO1 P.N,mL'e O 1,,/(r:118 OENASYL.COM 4/7 Licensing Structure Every license/seat corresponds to a unique user ID allocated to the individual,enabling access to the platform. The user's license allows logins on multiple devices,ensuring seamless synchronization and connectivity for your entire team, regardless of their location throughout the day.In the event of employee departures and subsequent replacements,licenses are transferable. This includes unlimited guests(non-employees)that can be invited into your platform's specific rooms or direct messages to support mission critical collaboration and intel sharing with those key partners. Unlimited guest invitations allow you to custom tailor your own ecosystem without limitation. Equipment and Deployment Timeline CONNECT(Evertel)is compatible with the devices commonly used within your organization, eliminating the need for additional equipment purchases.Each user can gain access using any of the following:an iOS or Android smartphone(either agency-owned or personal),a desktop computer,a laptop,tablet,or MDC/MDT utilized in police vehicles.CONNECT is accessible from all these systems. Deployment is swift through a web- based solution and can be implemented either section by section,division by division,or all at once,based on the agency's preference without any imposed limitations.Additionally,Single Sign-On(SSO)is available through Active Directory integration for an extra cost.The integration process is estimated to be completed within 7 business days or less,establishing a live connection. We use the 'regional collaboration'feature on Evertel(Genasys NC‘' {)L 1'Ar? .y CONNECT)and share crime intelligence and wanted felons to officers w �p11IMO G. j. across the region. This has resulted in catching many violent crime C 40!ICE suspects literally the same day we developed probable cause for their arrest!We now use Evertel(CONNECT)to find suspects faster than we * %! a ever imagined. 71, 101,, Supervisor- Baltimore Police Department When you're on Genasys CONNECT, you're able to push out updates in real time. To me, that is the value proposition and is worth its weight in gold It's very cost effective for our team and city. We're able to integrate federal, county and local assets and resources and get • 1 everybody in the same room, discuss what's important, and make a ' decisions that commanders can rely on. Chris Cook, Police Chief,White Settlement,Texas quo![ IN,, bei.Q 14/64ke OENASYS.COM ,��� 5/7 >>) g e n asys Copyright 2025 Genasys Inc.-Confidential&Proprietary QUOTATION COPY 16262 W.Bernardo Dr. Quote Number. Q-14764R8 San Diego,CA 92127 Dote Created: Jul 24,2025 Sourcewell Contract u051321-GYS Valid Through: Sep 30,2025 Sourcewell Customer u: 25158 Contract Term: 1 166667-Year Prepared By Jesse Lama Subscription Start Date: Aug 1,2025 570.470.7685 Subscription End Date: Sep 30,2026 Bill To: Customer Contact: City of Elgin Heather Lencioni 151 Douglas Avenue,Elgin,IL, heather IencioniCa,elginil.gov 60120, 847-289-2612 Order Details Annual System Licenses Feature a Product Description QtY. Unit MSRP MSRP Discount Net Price/Unit Annual Net Price GP-CONNECt Genosys CONNECT formerly Everfel 790 $7700 0% $7200 $20.879.99 14-Month Term Total $24,360.00 Discount Applied -$C.01 Terms&Conditions Custom Payment Schedule: The Elgin Police Department's FY26 start is October 1st, 2026 which reflects a custom payment schedule to align with future budget and the available funding for current FY25. Customer agrees to a custom payment schedule for prorated initial payment (2 months) to begin service followed by the first annual payment on October 1, 2026 as detailed by the term of subscription. Invoice#1: $3,480 (Due on receipt) Invoice#2: $20,880 (Due 10/01/2025) Genosys, Inc.shall invoice the customer once system credentials are issued and payment for the 1st year subscription and included professional services is due upon receipt of the invoice.Both parties agree that the software portion of this agreement is based on a 14- month contract term commitment with ail annual invoice and payment due annually on the start dare of each subsequent year. Please complete the Customer Registration Form in order to expedite the onboarding and billing process. It is agreed that any additional Genasys Protect products purchased offer the effective ante of this agreemen'are due upon receipt of the invoice.Any added product subscription licenses will be priced and invoiced on a coterminous annual basis and maintain the original contractual expiration date of this Genasys Protect System or any subsequent renewal expiration date as extended. Any additional Genasys Protect professional services purchased will be invoiced after delivery of services Quote Number:Q-1 a/64P8 OENA$Y$.COM /// 6/7 By signing this quote, customer agrees to the terms and conditions of this quote, including the terms of the linked SaaS Services Agreement http.://yr,nc,sys.coin/saa;:-servic es-cigroinii nti listed in this quote, which terms are Incorporated herein by reference. customer acknowledges that it hos received and reviewed the terms of such an agreement. Genasys, Inc. City of Elgin Name Name ptja LA LI.CH Title Title 01 i el C){' Fe)11 C Q Signature Signature Date Date . _3a • z� Quote Number.Q-14764R8 ClEin 7/7