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HomeMy WebLinkAbout8745RESOLUTION NO. 8745 A RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND MTI, A TENNESSEE GENERAL PARTNERSHIP, FOR THE PURCHASE OF AN ELECTRONIC VOTING SYSTEM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, proposals for an Electronic Voting System to be used in the City Council Chambers have been received and examined; and WHEREAS, the proposal of MTI was the lowest and most responsible bid, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1: A Purchase Agreement for the purchase of an Electronic Voting System, including all equipment, hardware, software licenses, monitors, peripheral devices, mounting hardware and wiring associated therewith, initialize and test the System, and provide not less than four hours of training to City personnel for a purchase price $28,410.00 is hereby awarded to MTI, a Tennessee General Partnership. SECTION 2: The President of the City Council is hereby authorized to execute same contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3: The purchase price of $28,410.00 for the Electronic Voting System shall be paid from Account Number 001 -0100 -106- 119- 030 -0026, City Hall Renovation account. INTRODUCED June 28, 1999 ATTEST: I BY Al Gurule Councilperson AP 0 ED: President of the Council Council Agenda TITLE: A RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND MTI, A TENNESSEE GENERAL PARTNERSHIP, FOR THE PURCHASE OF AN ELECTRONIC VOTING SYSTEM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME DEPARTMENT: CITY CLERK'S OFFICE DATE: June 28, 1999 ISSUE: Should City Council enter into a Purchase Agreement with MTI to purchase an Electronic Voting Machine for the City Council Chambers? RECOMMENDATION: Staff recommends the purchase of this equipment. BACKGROUND/ ANALYSIS: The Electronic Voting System will improve the tally and display of Council's vote, as well as provide four monitors to be located throughout the Council Chambers. These monitors will enable the audience to view the same presentation that is being given to Council members. The purchase price includes all equipment, hardware, software licenses, monitors, peripheral devices, mounting hardware and wiring associated therewith, initialize and test the System, and provide not less than four hours of training to City personnel in the operation, use and care of the System. FINANCIAL: The cost for this system is $28,410.00. The funds are currently allocated in the 1999 budget. MTI was the lone bidder. Rev. 6/9/99 PURCHASE AGREEMENT THIS AGREEMENT made and entered this 28th day of June, 1999 by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City ", and MTI, a Tennessee general partnership, hereinafter referred to as the "Vendor ". IN CONSIDERATION of the payment to be made by City to the Vendor, as provided herein, Vendor agrees to furnish and install, complete in every respect, at City's Council Chambers at 1 City Hall Place, Pueblo, Colorado, an Electronic Voting System, including all equipment, hardware, software licenses, monitors, peripheral devices, mounting hardware and wiring associated therewith (hereinafter referred to as the "System "), initialize and test the System, and provide not less than four (4) hours of training to designated City personnel in the operation, use and care of System, in accordance and fully complying with, and subject to the terms, conditions, and requirements, set forth in this Purchase Agreement and the Request for Quotations and Specifications (the "Specifications "), referenced below: Request For Quotations and Specifications Bid Request No. 99 -049 Dated April 28, 1999 The parties hereby agree to the following terms and conditions: Requirements (a) General Except as modified by the AMVS -2000 Proposed System Specifications submitted by Vendor and attached hereto and incorporated herein as Exhibit "A ", the terms, conditions, covenants, requirements and other provisions set forth in the Specifications are incorporated by reference as part of this Purchase Agreement, and the system furnished hereunder shall fully comply therewith. In the event of any conflict between said Specifications and the terms of this instrument, this instrument shall control; in the event of any conflict between the Specifications and any product literature of Vendor, or any custom or usage, or standards of any trade association or group relating to the vehicles, apparatus or equipment purchased hereunder, this instrument, its attachments and the Specifications shall control. (b) Components Vendor shall furnish, complete in every respect, and shall install at City's designated location the following new components as part of the System: Q uanti1 y Description (See Exhibit A for additional specifications) CPU Server, Optional Accessories Included: Remote Diagnostics and Software Update Package, and Graphical Presentation Package (presentation software to be provided by customer) Master Control Station to include 15" SVGA Monitor, Keyboard, Mouse and Mouse Pad 4 35" (Diagonal Measurement) Audience Viewing Monitors 4 Suspension Mounts for Monitors (One monitor per mount) 7 Permanent Mount Fully Shielded, Color Coded 2 Button (YES, NO) Voting Stations (To include installation package for mounting underneath table top) 1 Installation Cable Package for Quad Monitor Arrangement 1 Master Control Station Extender Package 1 Software Package to include Single Software License (Package Consists of AMVS -2000 Operating Software) 1 AMVS -2000 System Printer 1 Operation Manual (c) Installation Installation by Vendor shall include: (I) Mounting the CPU Server and connecting all data and video cables at a location specified by City and connection of all data cables (which shall be furnished by Vendor). The physical location of the CPU Server shall be located at a distance not to exceed 100 feet from the Master Control Station, and within two feet of a source of 110 -120 volt, 15 amp, 60Hz alternating current electrical power, to be provided by City. (II) Installing the Master Control Station and support components provided with the AMVS -2000 package. Connect to 110 -120 volt, 15 amp, 60Hz, alternating current service provided by City. Location to be determined by the City but at a distance not to exceed one hundred feet from the CPU Server. (III) Mounting the Monitor Supports and installing one audience Viewing Monitor per support. Vendor's responsibility for mounting the monitor stands will be limited to mounting the physical Suspension mounts to a bracket that has been fastened to the ceiling by the City. The brackets will be provided by Vendor. (IV) Installation of the seven Voting Stations underneath the Council Member tables. (V) Installation of System Printer. A table or other flat surface fixture will be provided by the City and placed at a distance not to exceed twenty -five feet from the CPU Server. -2- (VI) Initializing and testing the AMVS -2000 for proper operation. (d) Training One or more competent representatives of Vendor shall provide not less than 4 hours training on System operation and use to such City personnel as are designated by City. Vendor shall schedule the training with City not later than 30 days before the date the training is to commence. (e) Performance Demonstration After completion of installation and testing, Vendor shall satisfactorily demonstrate to City's designated representative that the System is performing in accordance with the Specifications and its design for the City's intended use. 2. Time for Performance Time is of the essence with respect to the delivery and installation of the system. Vendor shall complete the installation and testing of the System within 90 days of the date of this Purchase Agreement. The days and times when Vendor personnel shall obtain access to City's facilities for installation activities shall be scheduled before commencement of any work with the City Clerk, and no work will be performed during any scheduled meetings of the City Council or of City boards or commissions which are scheduled to use the Council Chambers or other facilities, access to which is required by Vendor. 3. Payment Payment to Vendor by City for the System, complete and installed, and including all training, will be made in one lump sum, not later than thirty days after satisfactory completion of the Performance Demonstration, or the completion of the training as described above, whichever is later. 4. Risk of Loss Risk of loss with respect to the system shall be upon Vendor until satisfactory completion of the Performance Demonstration. 5. Patents and Copyrights (a) Vendor shall pay for all royalties and licensing of patents for any patented material or product used by Vendor or incorporated into the System or component parts purchased under this Purchase Agreement. Vendor shall indemnify, defend and hold City harmless from and against any and all claims that the System, or any component or other part or portion thereof, infringe upon any patent, and from and against any loss, cost and liability, including attorney fees, arising out of any such claims. (b) Vendor warrants that the Licensed Software furnished under this Purchase Agreement (including, without limitation, the AMVS -2000 Operating Software) is the exclusive property of Vendor, and that neither said Licensed Software nor any element nor the use thereof does, as of the date of this Purchase Agreement and as of the date said Licensed Software is provided to City under this Purchase Agreement, violate or infringe upon any copyright, trade secret or other property rights of any person, and Vendor shall indemnify, defend and hold City harmless from and against any loss, cost and liability, including attorney fees, arising out of any breach of this warranty. IRM 6. Year 2000 Compliance Vendor represents and warrants that the System furnished hereunder, and any information technology (including all hardware, software or firmware) contained therein, shall be Year 2000 Compliant. As used in this section, Year 2000 Compliance means, with respect to such information technology, that the information technology accurately processes date /time data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty -first centuries, and the years 1999 and 2000, and leap year calculations and with respect to the System, that the System and its component parts are designed to be used prior to, during and after January 1, 2000 and will operate during each such time period without error relating to such date /time data. 7. Warranties Vendor shall warrant title to the System and its component parts as of the date of delivery to City. Vendor also warrants, for a period of six (6) months from the date of satisfactory completion of the Performance Demonstration, that (a) the System shall properly function for its intended use and that (b) all component parts shall individually function for the purpose or purposes for which intended. City shall have the right, at City's sole option, of extending the use warranty by entering into an extended maintenance agreement with Vendor upon such terms as the parties may agree. This use warranty shall not cover damage caused by lightning strikes or extreme power source spikes. 8. Insurance Vendor shall not commence any installation work whatsoever upon City property until and unless it has furnished satisfactory evidence of insurance, complying in all respects with the Request For Quotations And Specifications referenced above, to City's Purchasing Agent. 9. Assignment This Purchase Agreement, and the rights, title and interests of the parties therein, shall not be assigned or transferred by either party, except upon prior written consent of the other party. 10. Complete Agreement This Purchase Agreement, including the Specifications incorporated by reference, and Exhibit A, and including the warranties required above, constitute the entire agreement between the parties, and there are no representations, conditions, or collateral agreements, express or implied, with respect to this Purchase Agreement other than as contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or oral, between the parties to this Purchase Agreement. This Purchase Agreement may not be modified or changed in any way except by written agreement signed by the persons authorized to sign agreements on behalf of Vendor and City. 11. This Purchase Agreement shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith. The parties agree that venue for all actions or causes of action relating to or arising from this Purchase Agreement, or the System purchased hereunder, shall be in Pueblo County, Colorado. All such actions shall be filed in the District Court, County of Pueblo, State of Colorado, and the parties submit to the jurisdiction of that Court. M CITY OF PUEBLO, a M icipal Corporation By President of the City Council i City i► Balance of Appropriation Exists and Funds Are Available: " G " - Director of Finance Approved as to form: City Attorne MTI, a Tennessee general partnership By J hn L. Byrd, General rtner By G' Jeffre yr General Partner -5- EXHIBIT A AMVS 2000 PROPOSED SYSTEM SPECIFICATIONS FOR PUEBLO COLORADO Each AMVS 2000 system is custom - designed for the individual customer and manufactured by MTI. Placing emphasis on system durability and performance, MTI manufactures each system for use in an industrial environment and each system is Y2K compliant. Although computer controlled, the AMVS 2000 CPU SERVER should not be confused with a normal computer system used for data processing. The computer section of the CPU SERVER is specifically designed byMTl for use with the AMVS 2000 software and system accessories. The proposed system specifications for the AMVS 2000 requested by Pueblo Colorado are as follows. CPU SERVER Electronic Specifications Primary Microprocessor: ............................ Computer Main Board: .............................. Main Board Data Bus Frequency:.... .......... Main Board Memory: ................................ HDD:......................... ............................... CD -ROM Drive: ........................................ FDD:.......................... ............................... Video Outputs: .......................................... CPU SERVER Operating Voltage: ............ CPU SERVER Backup Power: ................. ......... Intel Pentium II, 350 MHz (minimum) ......... MT1 industrial grade Single Board Computer .......... 100 mhz .......... RAM - 128 mb, PC 100 MHz Compliant .......... Western Digital Internal 10 Gb (minimum) .......... Internal 40 x ( read only) .......... 3.5 inch I ..... .... Multiple - VGA 800 x 600, S- Video, RGBHV .........I 110 - 120 vac, 60 Hz nominal ........... Best Power 750 volt amp, Model: Fortress Rack Mount Industrial Supply Mechanical Specifications CPU SERVER Housing: ........................................ Industrial Rack Enclosure, 18 ga. Steel Rack Chassis: ......................................................... Multiple, 6061 -T6 AL and Steel CPU SERVER Dimensions: .................................... Height 27.4 ", Width 20.9 ", Depth 23.0" CPU SERVER Weight: .......................................... Greater than 200 lbs. (Exact weight unknown until completion of manufacturing.) MASTER CONTROL STATION Monitor: .................................................................. Sony, 15 inch CRT (diagonal measurement), .28 dpi Control Keyboard: .................................................. Full Function Standard Computer Keyboard Floating Pointer Device: ......................................... PS /2 Mouse MASTER CONTROL STATION (Continued) Maximum Spacing Between CPU SERVER and Master Control Station: ........................ Power Backup: Printer: Main Displays *: 300 ft ( on single category.five shielded cable) APC Table Top UPS (10 minute maximum backup at full Master Control Station load) Brother HIS -1040 laser, 10 PPM maximum, 600 dpi maximum resolution, 2 Mb onboard memory AUDIENCE VIEWING MONITORS ............................... Sony Trinitron, 35 inch (diagonal measurement) CRT modified by M77 to accept CPU SERVER high resolution graphics signal) *Several other display formats are available at additional cost including LCD Projection and 52 inch Plasma Displays. VOTING STATIONS Voting Stations: Operating System:...... Voting Software *:...... O,pto Isolated, Microprocessor Controlled, Manufactured by MTI SOFTWARE ...................... Microsoft Windows 98' (Single System License to be issued to Pueblo Colorado) ............................. MTI - AMVS 2000''" (To be licensed to Pueblo Colorado only for use on the Voting system manufactured by MTI) *The majority of the AMVS 2000 Voting Software is held in high capacity, non - accessible, non- volatile memory in the CPU SERVER. A CD will be provided with the AMVS 2000 system that contains necessary software execution and configuration files to activate the internal Voting Software. Only those softwares approvided by MTI for use with the AMVS 2000 system should be installed on the CPU SERVER, Since the AMVS software is constantly running in CPU background, software conflicts can result from installation of programs not approved for use by MTI. Please contact MTI prior to any software installation for compatibility information. All design specifications for the AMVS 2000 system will remain the property of MTI after system sale. Design doccumentation will not be provided to the customer for aay...reason. The AMVS Voting Software and the design of that software will remain the property of MTI. A permanant use license agreement will be provided for use of that software only on the AMVS 2000 system manufactured by WI.