15-166 Resolution No. 15-166
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT
WITH MORPHOTRUST USA, LLC FOR UPGRADES TO
LIVESCAN TOUCHPRINT FINGERPRINT SYSTEMS
BE IT 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
MorphoTrust USA, LLC for upgrades to Livescan Touchprint fingerprint systems, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 16, 2015
Adopted: December 16, 2015
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 16th day of December ,
2015,by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City") and MorphoTrust USA, LLC, a Delaware limited liability company (hereinafter
referred to as"Morpho").
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 Morpho shall sell to City the goods and services described by
Attachment A,attached hereto and made a part hereof.
2. This agreement shall be subject to the terms and conditions contained herein and as
provided by Attachment A,attached hereto and made a part hereof.
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 as this original agreement.
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, written or
implied between the parties hereto.
6. Morpho 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.
7. Notwithstanding any other provision of this agreement, it is expressly agreed and
understood that in connection with the performance of this agreement, Morpho 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. Without limiting the foregoing, Morpho hereby certifies, represents and
warrants to the City that all of Morpho's employees and/or agents who will be providing
products and/or services with respect to this agreement shall be legally authorized to work in the
United States. Morpho 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 agreement. The City shall
have the right to audit any records in the possession or control of Morpho to determine Morpho's
compliance with the provisions of this section. In the event the City proceeds with such an audit,
Morpho shall make available to the City Morpho's relevant records at no cost to the City. The
City shall pay any and all costs associated with any such audit.
8. 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 reminder of this agreement shall remain in full force and effect.
9. 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. For the purposes of executing this
agreement, any signed copy of this agreement transmitted by fax machine or e-mail 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 fax machine or e-mail shall be considered for these
purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding
legal effect as an original document. At the request of either party any fax or e-mail copy of this
agreement shall be re-executed by the parties in an original form. No party to this agreement
shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever
waive such defense.
10. In the event of any conflict between the terms and provisions of this purchase agreement
and Attachment A hereto,the terms and provisions of this purchase agreement shall control.
11. The total cost to the City for the goods and services provided by Morpho, including but
not limited to all installation, shipping, handling and freight charges and costs pursuant to the
agreement shall under no circumstances exceed a maximum total of$29,715. Any additional
charges to the City shall only be effective upon written authorization by the City.
12. All products are sold FOB destination.
13. Stated prices do not include any sales, use, value added, federal, state, local, or other
taxes,or any custom duties. All such taxes or duties shall be paid by the City,or in lieu thereof,
the City shall provide an appropriate tax exemption form. The City shall provide Morpho with a
current tax exemption certificate.
14. All payments are due in full net thirty(30)days from date of invoice.
15. Prices are exclusive of engineering or other labor service charges provided by Morpho at
the request of the purchaser, unless such engineering or other labor is expressly covered by
warranty and otherwise required directly as a result of defects in materials or workmanship.
[SIGNATURE PAGE TO FOLLOW]
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CITY OF ELGIN MORPHOTRUST USA,LLC
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F.'Legal Dcpt1Agreemcnr.Purchasc agicemcnt-MorphoTtust USA-12.4-15.docx
3
ATTACHMENT A Page 1 of 3
Morph°Trust USA
5705 W.Old Shakopee Road QUOTE#: 10724-09C317-4
SAFRAN Suite 100 Customer Quotation
Mo►phoTrustUSA
Bloomington,MN 55437-3107 DATE: 11/09/2015
USA Phone(800)932-0890 EXPIRES: 02/08/2016
FAX(952)932-7181
Customer Information Billing Information Shipping Information Sales Rep:
ATTN: ATTN: Mike Bayard ATTN: Mike Bayard Name:: Gary Newlin
CUST NAME: ELGIN POLICE DEPARTMENT OUST NAME: ELGIN POLICE DEPARTMENT CUST NAME: ELGIN POLICE DEPARTMENT Phone:: 952-442-8701
Phone: Phone: 847 289-2574 Phone: 847 289-2574 Cell:: 612-839-9639
Fax: Fax: Fax: Fax:: 952-945-3304
Email: Email: bayard_m @cityofelgin.org Email: bayacd mf tyofelgin.org Email: GNewlin @morphowst.com
ADDR: 150 DEXTER COURT ADDR: 151 DOUGLAS AVE ADDR: 151 DOUGLAS AVE PAY TERMS: Net 30
OUST TYPE:
ELGIN,IL 60120 ELGIN.IL 60120 ELGIN,IL 60120
United Slates United Stales United States
Product Price Source Units Qty Unit Price Selling Extended Price(USD)
(USD)
TPE-SWOX-U-OFCS-BPUSH SL•LAWENF EACH 1 51,700.00 51,700.00
Demographic Interface(DI)receives B.TXT met from an external system via FTP or Windows File Share. Records pushed
to the system will show in the Uvescan Inventory View and will he available for edit. DI is intended for sites upgrading to
Enterprise and/or have an existing JMS/RMS vendor that has already developed an OFCS interface for that particular
State.
TPE-051X-ILLINOIS SL-LAWENF EACH 3 5352.00 51,056.00
ILLINOIS ENTERPRISE CUSTOMIZATION.Capture Types;;APP,ARR,CUR,FAP,FPQ,JUV,RAR,UFP Cards:Criminal Justice
Applicant,Arrest Card,Custodial Card,FEE Applicant Card,Fingerprint Inquiry Card,Juvenile Arrest Card,Access and
Review Card,Conviction Information Request Card,F0884,F0249 and F0258. Transmits;to IWNOIS NATMS.Return
Messages;:YES WA NATMS Protocol.Ciient Plugin importers:CJIS_Query,DBI Flat,XML File,
Server Importers:OFCS,XML
TPE-5938UPG-ED GSA-1770 EACH 2 $5,803.00 $11,606.00
Upgrade 3800XCH(-ED models only)full hand live scan cabinet booking station with 500 ppi 5000 Series 10 print deck:
system must be Enterprise and under maintenance;no warranty is offered with the upgrade.
TPE-SWOX-DIEXAD GSA-IT70 EACH I $856.00 $856.00
Additional license fee for an external DI. DI must already exist and have been developed.
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TPE-ENTAPPUPG GSA-1170 EACH 2 $2,579.00 S5,158.00
Enterprise livescan upgrade package for upgrade of existing TP-3XXX livescan systems to Enterprise application. Includes
tower PC and base set of peripherals required to run Enterprise. Upgrade does not include warranty. Live scan unit must
be under maintenance contract. Must be quoted with application jurisdictional customization. May also require bar code
scanner or signature pad for compatibility.
47FRT GSA-IT70 EACH 3 $50.00 $150.00
FREIGHT CHARGE
TP-IAT-CUSTOM GSA-1T70 EACH 3 5907.00 $2,721.00
Installation and Training;Custom Services:Installation and training services offered on a time and expenses basis. Quoted
for customers whose livescan/geld upgrade Installation and training requirements necessitate custom quotation. Custom
quotation includes on-site labor plus estimated travel and related expenses.
TPE-CEN-CONTROt1ER1 GSA-IT70 EACH 1 $4,181.00 $4,181.00
TOUCHPRINT ENTERPRISE CONTROLLER 1 INCLUDES A PC BASED CONFIGURATION RUN ON WINDOWS 0/S. WHEN SOLD
WITH THE APPROPRIATE CUSTOMIZATIONS THIS CENTRAL SITE SYSTEM PROVIDES THE FOLLOWING FUNCTIONALITY:
STORE-N-FORWARD EDIT WORKSTATION AND/OR PRINT SERVER. INCLUDES STANDARD PC AND TOUCHPRINT
ENTERPRISE APPUCATION ONLY.TO DESIGNATE SYSTEM FUNCTIONALITY INCLUDE APPROPRIATE CUSTOMIZATION
(CSTX)P/N'S.THIS SYSTEM CAN MANAGE ANY COMBINATION OF THE ABOVE FUNCTIONALITY WITHIN A SINGLE SYSTEM.
TPE-COMX-FTP-SSH GSA-IT70 EACH 3 $403.00 $1,209.00
Touch Print Enterprise Fingerprint Record Transmission via FTP over SSH(SFTP).This software provides secure FTP
Communication using SSH(Secure SHell)
TPE-COMX-FTP GSA4T70 EACH 2 5403.00 5806.00
Touch Print Enterprise Fingerprint Record Transmission via generic FTP.
TP-HWOX•ADDLNIC GSA-0770 EACH 2 5136.00 $272.00
PCI based 10/100 Ethernet LAN adapter for Local Area Network topology.To be used with desktop style Windows live
scan systems
Subtotal Selling Price $29,715.00
Total for Extended Quantity System Configuration $29,715.00
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