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06-27 Resolution No. 06-27 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDCO, INC. FOR THE PURCHASE OF A CARD ACCESS UPGRADE FOR POLICE DEPARTMENT BUILDING 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 that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Midco, Inc. for the purchase of a card access upgrade for the police department building, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: February 8, 2006 Adopted: February 8, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk JAN-13-2006 16:25 FROM:CITY OF ELGIN MAINT 8479316043 TO:916307948994 P:2'4 CiTY OF ELGIN AGREEMENT FOR P CARD ACCESS UPGRADE FOR POLICE DEPARTMENT BUILDING This Agreement is made and entered into this day of ,2006 by and between the City of Elgin("the CITY"),a municipal corporation organized and existing under the laws of the State of Illinois, and MidCo Inc., incorporated in the state of Illinois and having a principal place of business at 16W221 Shore Court, Burr Ridge, Illinois 00521("the CONTRACTOR"). ARTICLE I. DEFINITION, "THIS CONTRACT"as used herein shall mean this Agreement,the Request for Proposals(RFP)including all documents referenced therein and the Contractor's Proposal response thereto dated November 28,2005,comprised of one page("Proposal")a copy of which Is attached hereto and made a part hereof as Exhibit 1. The CiTY shall pay to the CONTRACTOR the total amount of$14,934.45 for all of the services and equipment to be provided pursuant to this contract. The CONTRACTOR agrees to provide I' the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. in the event there is a conflict between this Agreement and the Proposal documents, the provisions of this Agreement shall control. ARTICLE I. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT upon receipt of a fully executed Contract from the City. The work shall be complete within forty-five(45)days. ARTICLE III. IERMiNATION. The following shall constitute events of default under THIS CONTRACT: a) any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the CONTRACTOR to perform any of Its obligations under THIS CONTRACT including, but not limited to,the following: (I) failure to commence performance of THiS CONTRACT at the time specified In THIS 11 CONTRACT due to a reason or circumstance within the CONTRACTOR'S reasonable control,(ii) failure to perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the completion of THIS CONTRACT within the specified time due to a reason or circumstance within the CONTRACTOR's reasonable control, (ill) failure to perform THIS CONTRACT in a manner reasonably satisfactory to the CITY. (iv) failure to promptly re-perform within reasonable time the services that wore rejected by the CiTY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS CONTRACT, Including, but not limited to the Affirmative Action requirements, and (vi) any other acts specifically and expressly stated in THIS CONTRACT as constituting a basis for termination for cause. The CiTY may terminate THIS CONTRACT for its convenience upon fourteen (14)days prior written notice, ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for goods or services,the CITY may keep for its own the whole or any part of the amount for expenses, losses and damages as directed by the I i Purchasing Director,incurred by the CITY as a consequence of procuring goods or services as a result of any failure, omission or mistake of the CONTRACTOR in providing goods or services as provided In THIS CONTRACT. ARTICLE V. GOVERNING LAWS AND ORDINANCES. This CONTRACT is made subject to all the laws of the State of Illinois and the ordinances of the CiTY and if any such clause herein does not conform to such laws or ordinances,such clause shall be void(the remainder of the contract shall not be affected)and the laws or ordinances shall be operative in lieu thereof. • ARTICLE VI. AFFiRMATII_E ACTION. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race,color,religion,sex,ancestry,national origin,place of birth,age or I i physical handicap which would not interfere with the efficient performance of the job in question. The contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants and prospective subcontractors. AR'1ICL ,VII. ASSIGNABILITY. The CONTRACTOR shall not assign,sell or transfer any interest in THIS CONTRACT without prior written consent of the CITY. JAN-13-2006 16:25 FROM:CITY OF ELGIN MAINT 8479316043 TO:916307948994 P:3'4 • ARTICLE Viii. AMENDMENTS. There shall be no modification of the CONTRACT, except In writing and executed with the same formalities of the original. ARTICLE 1X, NOTICES.Any notice given under this CONTRACT shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project manager or undersigned representative, and if to the City,to the attention of the City Manager, 150 Dexter (. Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall designate in writing to the other in the manner herein provided. ARTICLE X. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to and 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 Contractor or Contractor'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,defend and hold harmless,such action shall be defended by legal counsel of the City's choosing. ARTICLE XI. PUBLICITY, The CONTRACTOR may not use,in any form or medium,the name of the City of �' Elgin for public advertising unless prior written permission is granted by the CITY. ARTICLE XII. APPROPRIATIONS.The fiscal year of the CITY is the 12 month period ending December 31. 1 The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, Whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. ARTICLE X111. ENTIRE_AGREEMENT. This CONTRACT embodies the whole agreement of the parties. There shall be no promises, terms, conditions or obligations other than those contained therein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. TRACTOR 1.4 17 L'0 ?tic `F EL ? &1b � 1 � ` Name and i Olufemi F.iarin City Ma FEIN NO. �G - 08650 39 J • a F:\ egalDept\FormsOld Doc-Agreement for PD Card access upgrade(Midco) II to 0111111 Specifications and Proposal MldCo Inc. 16W221 Shore Court Burr Ridge,IL 60521 Purchaser The City of Elgin Proposal Date: November 28,2005 Address: Police Department Prepared By: John Baumann Elgin,IL 60120 E-Mail: jbaumann(cj3midcosystems.com Phone (847)931-5652 Proposal#: 051128JB-02 Fax: Prepared For. John Schoroeder E-Mail: schroederj@cityofelgin.org Project: Card Access for Police Department Total: $14,934.45 Tax Not Included Qty Mfg. Part No. Description Each Exended Price 1 64ADV-RUP64 64ADV-RUP64 Upgrade from of an additional 64 Reader Licenses $2,100.62 $2,100.62 1 Lenel LNL-500 DGP 512K Memory Access Panel $513.63 $513.63 4 Lenel LNL-CTX6 Enclosure for 6 Lenel Cards $158.04 $632.16 17 •Level. LNL-1320 Dual Card Reader Interfaces - $500.46 $8,507.82 4 Alarm-Saf 01365 12/24 VDC 2.5A UL Supply(RMIRdrs) $159.38 $637.44 1 Lenel LNLETHLAN-MICRO Network Adapter for DGP $164.63 $164.63 8 Yuasa NP712 Battery for Power Supply Back Up $13.17 $105.36 5 Alarm Saf 01366 12/24 VDC 4.0A UL Supply $197.55 $987.75 2 MidCo MidCo Two Days Programming Labor $642.52 $1,285.04 Notes:1 Tax Exempt 2 Does not include labor(Except 1 day programming) 3 Electric locking hardware by owner 4 Request to exit devices by owner 5 Door position switch by owner 6 Cable by owner • 7 Owner to install owner fumished devices 6 110 vac at panel locations by owner s Network connection at panel locations by owner 10 Static IP address for each panel by owner 11 Wail space ready for panel mounting by owner 12 Readers will be included in a separate quote 13 Labor is for two days,additional days if needed • will be$642.52 Price includes applicable installation labor unless otherwise noted.Price is exclusive of all conduit and electrical boxes.Our proposal includes adequate labor to connect,program and test circuits with your system.Troubleshooting network problems caused by 3rd party suppliers is not included with this proposal. Additional labor hours that are required as a result of the non-performance of these 3rd party devices will be invoiced at our prevailing rate. Purchaser acknowledges receipt of MidCo's Terms and Conditions and Project Qualifications documents,understands them,and agrees to be bound by its provisions.Further,the purchaser agrees that it is the complete and exclusive statement of the agreement between the parties which superseded all proposals or prior agreements oral or written. MidCo Inc. Signature of Signature Purchaser �.�� .. Date Date This proposal valid for 15 days from Date of Proposal Page 1 of 1 Phone#(630)887-1800-Fax#(630)887-1962 EXHIBIT 1 OF Et_ ‘,.. City of Elgin Agenda Item No. nrATCD I'v E L / d 1rrr 1111��� i January 6, 2006 c �► r r KM ollp N 000 TO: Mayor and Members of the City Council FINANCIALLY STABLE G TYGOVERNMENT EFFKIENT SERVICES, AND QUALITY INFRASTRUCTURE FROM: Olufemi Folarin, City Manager. Rich Hoke, Building Maintenan e Superintendent SUBJECT: Card Access Upgrade for the Police Facility PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider accepting a contract from Midco Inc. to provide Lenel equipment and system programming to upgrade the Police facility card access system. RECOMMENDATION elibk It is recommended that the City Council authorize a contract with Midco Inc. in the amount of $14,934.45 to provide Lenel equipment and system programming to upgrade the Police facility card access system. BACKGROUND The door access system that was originally installed in the building is no longer manufactured or supported by anyone. If the system were to go down it can not be repaired. The problem with this system was identified during the 2005 budget process and funding was included in the 2005 budget. This project would replace card readers and control panels and tie the system into the Lenel system that is currently being used in other City of Elgin buildings. In order to provide a system that is compatible with the current system used in other City buildings, it is required that Lenel equipment be used. Midco Inc. is the authorized Lenel representative in this area and therefore we are recommending the award of the contract to Midco Inc. Other vendors are being utilized for other non-proprietary components needed for the upgrade. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. .0ph, Card Jan uary Access 6, Upgrade 2006 for the Police Facility Page 2 oliv, FINANCIAL IMPACT The cost of this contract with Midco Inc. will total $14,934.45. Funding for this project in the amount of$ 40,000 is budgeted and available in the River Boat Fund, account number 275-0000- 791.93-36, "Buildings/Structures", project number 239608 "Proximity Readers/EPD". \pi\c/ LEGAL IMPACT The proposed contract would require an exception to the procurement ordinance. Exceptions to the procurement ordinance require the approval of two-thirds of the members of the City Council then holding office upon a fording by the City Council that an exception is necessary and in the best interests of the city. ALTERNATIVES 1. Award the contract to Midco Inc. in the amount of$14,934.45 2. Do not award the contract. Respectfully submitted for Council consideration. Rh Attachments War r MidCo Inc. so,a�aaa ro r eliPas Specifications and Proposal 16W221 Shore Court Burr Ridge,IL 60521 Purchaser: The City of Elgin Proposal Date: November 28,2005 Address: Police Department Prepared By: John Baumann Elgin, IL 60120 E-Mail: jbaumann©midcosystems.com Phone (847)931-5652 Proposal#: 051128JB-02 Fax: Prepared For: John Schoroeder E-Mail: schroederj @cityofelgin.org Project: Card Access for Police Department Total: $14,934.45 Tax Not Included Qty Mfg. Part No. Description Each Exended Price 1 64ADV-RUP64 64ADV-RUP64 Upgrade from of an additional 64 Reader Licenses $2,100.62 $2,100.62 1 Lenel LNL-500 DGP 512K Memory Access Panel $513.63 $513.63 4 Lenel LNL-CTX6 Enclosure for 6 Lenel Cards $158.04 $632.16 17 Lenel LNL-1320 Dual Card Reader Interfaces $500.46 $8,507.82 4 Alarm-Saf 01365 12/24 VDC 2.5A UL Supply(RM/Rdrs) $159.36 $637.44 1 Lenel LNLETHLAN-MICRO Network Adapter for DGP $164.63 $164.63 8 Yuasa NP712 Battery for Power Supply Back Up $13.17 $105.36 5 Alarm Saf 01366 12/24 VDC 4.0A UL Supply $197.55 $987.75 2 MidCo MidCo Two Days Programming Labor $642.52 $1,285.04 Notes:1 Tax Exempt 2 Does not include labor(Except 1 day programming) 3 Electric locking hardware by owner 4 Request to exit devices by owner 5 Door position switch by owner 6 Cable by owner 7 Owner to install owner furnished devices 8 110 vac at panel locations by owner 9 Network connection at panel locations by owner 10 Static IP address for each panel by owner 11 Wall space ready for panel mounting by owner 12 Readers will be included in a separate quote 13 Labor is for two days,additional days if needed will be$642.52 Price includes applicable installation labor unless otherwise noted.Price is exclusive of all conduit and electrical boxes.Our proposal includes adequate labor to connect,program and test circuits with your system.Troubleshooting network problems caused by 3rd party suppliers is not included with this proposal. Additional labor hours that are required as a result of the non-performance of these 3rd party devices will be invoiced at our prevailing rate. Purchaser acknowledges receipt of MidCo's Terms and Conditions and Project Qualifications documents,understands them,and agrees to be bound by its provisions.Further,the purchaser agrees that it is the complete and exclusive statement of the agreement between the parties which superseded all proposals or prior agreements oral or written. MidCo Inc. Signature of Signature Purchaser Date Date This proposal valid for 15 days from Date of Proposal Page 1 of 1 Phone#(630)887-1800-Fax#(630)887-1962