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14-35 Resolution No. 14-35 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH TI TRAINING CORP. FOR USE OF FORCE TRAINING SYSTEM 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 Sean R. Stegall, 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 Ti Training Corp. for use of force training system, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 19, 2014 Adopted: March 19, 2014 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 19th day of G=k% , 2014, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Ti Training Corp., a Delaware corporation (hereinafter referred to as "Ti"). 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. City shall purchase, and Ti shall sell to City the goods and/or services described by Attachment A,attached hereto and made a part hereof. 2. This agreement shall he subject to the terms and conditions contained herein and as provided by Attachment A. 3. 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. 4. There shall be no modification of this agreement, except in writing and executed with the same formalities of the original. 5. 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 or written, between the parties. 6. Ti 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. [SIGNATURE PAGE FOLLOWS] CITY OF ELGIN Sean teg4 - a ger _ Attest City Clerk Ti TRAINING CORP. Joe. `'Y1c rd Print Name Sig re yy�� f/1 C e Pre Si cSert 4' Title F U.egal Dept\Ag ecment\Purchase agreement-TT Training Corp.-2-28-14 idocx 2 The Strongest Element in Training TiTraining Corp. Training Lab— Portable Use of Force Training System: Custom TRAINING LAB Configuration: Windows Professional Operating System—with Microsoft Office High Definition Video Projector Native 16 x 9 format. HD Projection Screen 6'11" X 12' Screen Size (16 x 9 Aspect Ratio) 5.1 Surround Sound Speaker System . 22" Flat Panel Instructor Monitor (Will fit in travel cases) Keyboard & Optical Mouse. All Wires, cables and connectors necessary 25' Cables. 2-Storm Travel Cases Low Light feature, adjustable light conditions on any Scenario. Scenario creation software w/ability to Customize existing Scenarios . Line scan calibration for laser accuracy. Self calibrating without the need for hand held devices. Operates in ANY light conditions for proper PiP video playback. Scenario and "On-the-Fly" 3-D Audio. Audio Controls located on Instructor Monitor Customizable Trainee Report Generation. After scenario debriefing, allows any MicrosoftTM material to be viewed. Picture in picture (PiP) in full color and audio for viewing on replay. Pause, play, restart and stop functions during scenario play. Slow Motion, Pause, Frame Forward, Frame Back controls on debrief replay. Digital scrolling capabilities in the replay video. Capable of creating scenario "playlist" with save and recall function. Classroom RF keypads can be integrated at no additional cost. Training Scenario Library 400+ native HD scenarios preloaded. Free HD scenarios (2D and 3D)for the life of the system (15+ each quarter) Professional filming with special effects for maximizing training objectives. Skill Builder Shooting Drills in Graphic Applications Pre Loaded 1 Year Warranty— Includes 24/7 support line and loaner system. Master Instructor Training * See Training Description Laser/Devices Included: 1 - Drop in Recoil Kit for S&W Handgun 1 - Flashlight with Filter 1 - OC Laser Canister 1 - Baton Branching GSA System Pricing $38,085.16 Additional Requested OPTIONS 0 1-Additional Drop in recoil Kit S&W Handgun $2,675.06 © 2-Drop In Recoil Kits for Long Gun (Ar-15, M-4) $5,350.12 © 2-Additional Magazines for S&W Recoil Kits $408.06 ©2-Additional Magazines for Long Gun Recoil Kits $408.06 m 1-True Distance 3D working with Active Eyewear Upgrade $3,173.80 1-Additional Flashlight with Filter $226.70 ATTACHMENT A The Strongest Element in Training TiTraining Corp. = © 1-Firing Pin Laser Insert $725.44 © 1-Vibration Laser Insert $1,088.16 © 2-Taser X26 with Laser Cartridges $3,989.92 © 1-40mm Laser Adapter $181.36 m 1-.308 Laser Adapter $181.36 © 1-Pepperball Laser adapter $181.36 © 1-Additional OC Laser $1,269.52 0 1-Live Fire Upgrade $4,443.32 0 1-Firing Line Marksmanship Upgrade $3,853.90 m 1-Deluxe Ceiling Mount $544.08 [� 1-Additional 50' Cable $272.04 © 1- Portable Add On (Projector, Cameras with Velcro Mount, Portable Speakers) $4,900.00 © Refill Nozzle $350.00 Option Price: $34,222.26 System Price with Options: $72,307.42 Additional Year Warranty $2.530.78 Trade In Discount $9,000 Total Price for Elgin PD: $65,838.20 Master Instructor Training @ Customer Site Training is for 6 Students at the customers' site, 3 consecutive days @ 8 hours per day, totaling 8 Hour Training Days Training is on set up, basic operation, running students through simulation. Also included is our Advanced Training that includes Simulation Integration and Hybrid Usage as well as filming and editing of custom scenarios to customize your simulator to your needs and policies. Terms: a. Net 30 days from invoice 12%discount net 10 days=$64,521.44 b. FOB:Destination C. Delivery:45 days from contract date d. Warranty:2 year from delivery e. Partial Shipment and/or Partial Invoices are accepted.Please note otherwise. f. Screen:Shipped direct from the factory. g. Payment cannot be held for training completion.Training dates are determined by the end user to accommodate scheduling as determined by the Elgin Police Department and are not controlled by Ti Training. h. Ti Training will set up the system but cannot"Install"the system.Ti Training personnel cannot drill,hang,hardwire or mount any equipment to a Structure. ATTACHMENT A