07-311 Resolution No. 07-311
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CDS OFFICE TECHNOLOGIES FOR PURCHASE OF
MOBILE DATA TERMINALS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with CDS Office Technologies for the purchase of mobile data terminals,
a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 19, 2007
Adopted: December 19, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN
AGREEMENT WITH CDS OFFICE TECHNOLOGIES
FOR PURCHASE OF MOBILE DATA T ERMINALS
/I
This Agreement is made and entered into thistay of T.�� /
1CJ , 2007 by and between the
City of Elgin ("the CITY"), a municipal corporation organized and existing under the laws of the
State of Illinois, and CDS Office Technologies, incorporated in the State of Illinois and having a
principal place of business at 612 S. Dirksen Parkway, Springfield, Illinois 62703 ("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 #TCVS-04-03, dated August 15, 2007 (Proposal) thereto incorporated by
reference herein and made a part hereof The CONTRACTOR agrees to provide 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 Proposal documents shall
supersede this Agreement.
ARTICLE II. 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
when the CONTRACTOR has provided and delivered the sixteen(16)Panasonic Toughbook Mobile
Data Terminals and supporting software/hardware requested by the CITY. Compensation to the
CONTRACTOR shall be in the amount of Eighty-Seven Thousand Six Hundred Eighty($87,680).
ARTICLE III. TERMINATION. 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 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,(iii)
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 were 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 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. AFFIRMATIVE 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 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.
ARTICLE VII. ASSIGNABILITY. The CONTRACTOR shall not assign, sell or transfer any
interest in THIS CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT,except in
writing and executed with the same formalities of the original.
ARTICLE IX. 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. 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 XIII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this
CONTRACT it is expressly agreed and understood that in connection with the performance of this
CONTRACT that the CONTRACTOR 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. CONTRACTOR
2
, 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 CONTRACT."
ARTICLE XIV. 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.
CONTRACTOR CITY OF ELGIN
CDS OFFICE TECHNOLOGIES
•4isle By
game and dr- Olufem !rin
City M. age
F:\Legal Dept\forms\Bid Doc-Agreement for MDTs from CDS Office Tech.doc
3
gr=41
OFFICE
TECISINCIL_Cl 5
Date 8/15/2007 Customer Account# ELGIN PD Quote Number: 69320
BILL TO ADDRESS SHIP TO ADDRESS
Company ELGIN POLICE DEPARTMENT SAME
Customer MICHAEL BAYARD
Addressl 151 DOUGLAS AVENUE
Address2
City ELGIN , IL
Phone# (847)289-2574 Customer P.O.# Account Rep: Jenny Weber 110
Qty CDS# Mfg# Description Price Extended)
16 CF-30CCQ80BM CF-30CCQ80BM Toughbook CF30 Intel Core Duo Processor L2400 1.66Ghz $4480.00 $71680.00
(Centrino), 13.3"Touch XGA,512MB,80GB, Intel
802.11a+b+g,Win XP SP2,TPM1.2, Bluetooth, Emissive
Backlit keyboard, Dual Pass(Upper WWAN/Lower GPS),
GPS,Verizon EVDO REV A,NO Optical
1 26604E CF-VDR301 U COMBO DRIVE MM POCKET CF-30 $240.00 $240.00
16 L96056 CF-WEB301MB VEHICLE MOUNT PORT REPLICATOR W/DUAL HIGH-GAIN $480.00 $7680.00
HIGH GAIN WRLS CONN F/CF-30
16 PA-1580-1745 PA-1580-1745 DC ADAPTER FOR ALL LAPTOPS WITH DUAL CORE $105.00 $1680.00
16 CF-SVCLTEXT2Y CF-SVCLTEXT2Y 2 YEAR EXTENDED WARRANTY FOR PANASONIC CF-30 $400.00 $6400.00
THIS WILL EXTEND WARRANTY TO FIVE YEARS
STATE OF ILLINOIS CONTRACT # Subtotal $87680.00
TCVS-04-03 Shipping $0.00
Service $0.00
Sales Tax $0.00
Quote Total $87680.00
November 9, 2007 v .
•
TO Mayor and Members of the City Council
1
FROM: Olufemi Folarin, City Manager —�
Robert Duffy, Deputy Chief of Police
SUBJECT: Purchase of Replacement Public Safety Mobile Data Terminals
PURPOSE
The purpose of this memorandum is to provide the Mayor and Members of the City Council with
information to consider the purchase of sixteen (16) Panasonic Toughbook Mobile Data
Terminals, and supporting software/hardware, from CDS Office Technologies through the State
of Illinois Joint Purchasing Program
RECOMMENDATION
It is recommended that the City Council authorize the purchase of sixteen (16) Panasonic
Toughbook Mobile Data Terminals (MDT) from CDS Office Technologies in the amount of
$87,680.
BACKGROUND
Sixteen (16) existing Public Safety MDTs use hardware and software technologies no longer
supported by their manufacturers, Motorola and Microsoft. These obsolete MDTs and systems
need to be replaced because they can not reliably support existing or future applications,
advancements and mandated applications.
These MDTs serve as a mission critical link between Public Safety first responders and the Elgin
Emergency Communications Center inclusive of County, State, and Federal data sources.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Emergency Telephone Services Board (ETSB) recommends the replacement of the obsolete
MDT equipment.
Mobile Data Terminal Replacement
November 9, 2007
Page 2
FINANCIAL IMPACT
There are sufficient funds budgeted ($118,720) and available ($11 8,720) in the Riverboat Fund,
"Other Equipment," account number 275-0000-791.92-46, project number 239552 for the
purchase of MDTs from CDS Technologies totaling $87,680.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to not replace the MDTs.
2. The City Council may choose to direct that a request for bid be conducted for this
equipment.
Respectfully submitted for Council consideration.
RD