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HomeMy WebLinkAbout12644RESOLUTION NO. 12644 A RESOLUTION APPROVING THE ACQUISITION OF SIXTY (60) PANASONIC TOUGH-BOOK LAPTOP COMPUTERS, ASSOCIATED DOCKING STATIONS AND AUTHENTICATION SOFTWARE, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE PURCHASING AGREEMENT FOR SAME WHEREAS, the City has opted to take advantage of the Piggy Back Provision of a Colorado Springs Request for Proposal, which was competitively bid, and to utilize the resultant award at the proposed price of their awarded purchase agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A bid award for the purchase of sixty (60) new semi-rugged Panasonic Toughbooks, including a 4-year protection plan, power supplies, docking station, internal antenna and cellular card, and two-factor authentication software, for a purchase price not to exceed $278,740.40, is hereby made to PCS Mobile, a Colorado Corporation, subject to (a) execution of a definitive Purchasing Agreement in substantially the form attached hereto ("Purchase Agreement"), and (b) approval of a lease purchase agreement relating to the Equipment by separate Resolution. SECTION 3. Upon approval of the final Purchase Agreements as to form by the City Attorney, and upon approval of a Resolution approving lease purchase financing, the Purchasing Agent is hereby authorized to execute said Purchase Agreement for and on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 8 This Resolution shall become effective upon final approval and passage. INTRODUCED: April 8, 2013 BY: Chris Nicoll Background Paper for Proposed RESOLUTION DATE: AGENDA ITEM # Q-6 April 8, 2013 DEPARTMENT: Finance Department Deborah Morton – Interim Director Police Department Luis Velez - Chief of Police Information Technology Lori Pinz - Director TITLE A RESOLUTION APPROVING THE ACQUISITION OF SIXTY (60) PANASONIC TOUGH-BOOK LAPTOP COMPUTERS, ASSOCIATED DOCKING STATIONS AND AUTHENTICATION SOFTWARE, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE PURCHASING AGREEMENT FOR SAME ISSUE Should City Council approve the purchase of sixty (60) Panasonic Tough-book Laptop computers, associated docking stations and authentication software which will be used in the police department’s patrol vehicles? RECOMMENDATION Approval of the Resolution. BACKGROUND The Pueblo Police Department mobile computer fleet is comprised of sixty (60) laptops which are currently failing at an alarming rate. The Department of Information Technology reports that the rate of failure is between 40% and 50%. These computers are no longer under warranty, which compounds the issue, and repairs are being done by salvaging parts from other computers. Available spare parts are now becoming limited so the Police Department will need to start purchasing replacement parts in order to complete repairs. The officers are experiencing lengthy periods of rebooting, loss of connectivity causing loss of report narratives, and battery failures. Additionally, the existing equipment is not mounted properly, which could cause officer injury under certain conditions. The average useful lifespan of these computers has been reached and they must be replaced ensuring optimal field efficiency for our officers. The Purchasing Agent has opted to take advantage of the Piggy Back Provision of a Colorado Springs Request for Proposal and to utilize the resultant award at the proposed price of their awarded purchase agreement. In 2012 the City of Colorado Springs, CO, competitively bid the acquisition, deployment and planning of their mobile computing environment. Part of the scope of this initiative included the purchase of semi-rugged laptops for their Police and Fire Departments. Their contract was awarded to Portable Computer Systems dba PCS Mobile. This Resolution approves a lease/purchase agreement for the acquisition of sixty (60) new semi-rugged Panasonic Toughbooks including a 4-year protection plan, power supplies, docking station, internal antenna and cellular card, and two-factor authentication software required to be in place by the September 2013 to ensure the Police Department meets the Criminal Justice Information System standards outline by the Department of Homeland Security. In response to the proposal prepared by PCS Mobile, the City will be entering into a Purchase Agreement in the amount of $278,740.40. This Resolution is presented for City Council consideration concurrently with a separate Resolution for the approval of a Lease/Purchase Agreement with Commerce Bank. FINANCIAL IMPACT The lease purchase of the equipment is contingent upon the approval, execution and funding of the Lease/Purchase Agreement No. 1001112-002 between Pueblo, a Municipal Corporation and Commerce Bank. Lease payments, operation, and maintenance of this equipment will be an ongoing operating expense of the Police Department and sufficient funds are to be budgeted to cover lease payments over the four year repayment period. PURCHASING AGREEMENT THIS AGREEMENT entered this 8 day of April, 2013, by and between Pueblo, a Municipal Corporation (hereinafter referred to as the "City") and PCS Mobile, a Colorado Corporation (hereinafter referred to as "Company "). WHEREAS, the equipment referenced herein is being purchased via a Piggy Back Provision extended to the City from a competitively bid solicitation by the City of Colorado Springs subsequent to which Portable Computer Systems, Inc., dba PCS Mobile was awarded the bid. NOW THEREFORE, the Parties hereby agree to the following terms and conditions: 1. In consideration of the payment of the fixed purchase price for the patrol laptop computer equipment as provided herein, Company agrees to furnish and deliver to City, complete in every aspect, the equipment listed in the equipment schedule attached hereto as Exhibit A (hereinafter "Equipment "), in accordance and fully complying with and subject to the terms, conditions and requirements set forth in this Purchasing Agreement: 2. Company warrants that the Equipment is free from any and all defects, is fit for its intended purpose and complies with all industry standards. 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 Company, or any custom or usage, or standards of any trade association or group relating to the Equipment purchased hereinafter, this instrument and the Specifications shall control. 3. The Equipment and software shall be delivered by Company, at Company's expense, to City, at such place within the City of Pueblo, Colorado as shall be designated by the City's Purchasing Agent and /or Information Technology Department, within the period between the Early Delivery Date and Deadline as set forth below: Items Early Delivery Date Deadline (outside Delivery Date) See Exhibit A attached 90 days after execution 120 days after execution of of Purchase Agreement Purchase Agreement a) The delivery deadline for any item shall only be extended by City for delay in delivery caused by (a) unavailability of materials due to war or national emergency, (b) unavailability of transportation for the Equipment to Pueblo, Colorado caused by strike, (c) nuclear detonation or (d) catastrophic acts of God affecting the availability of materials or labor critical to the timely manufacture and the delivery of the Equipment. b) Time is of the essence with respect to delivery of the Equipment and software under this Purchasing Agreement. c) Risk of loss shall be upon Company until delivery of items in Pueblo and acceptance of same by City. Acceptance shall be made by City only if the items conform to this Purchasing Agreement and the Specifications, and satisfactorily pass the Performance Test and Requirements set forth in the Specifications. -Page 1- 4. A competent representative of Company shall, upon City's request, provide necessary instruction to City employees as to the operation and use of the Equipment, in Pueblo, Colorado, and at no additional charge to City. 5. Payment to Company shall be made at the following time and in the following manner: In one lump sum payable upon delivery of Equipment or the funding of the Lease Purchase Agreement between City and Commerce Bank, or affiliated leasing company ( "Lessor "), whichever occurs later. This Purchase Agreement is made expressly contingent upon the City entering into the Lease Purchase Agreement with Lessor; in the event the Lease Purchase Agreement fails to close or proceeds are not made available for the purchase of the Equipment on or before June 1, 2013, this Purchasing Agreement shall be deemed terminated and of no effect, and both parties shall be released from all obligations hereunder. 6. Company shall pay for all royalties and licensing of patents for any patented material or product used by Company or incorporated into the equipment purchased under this Purchasing Agreement. Company shall also indemnify, defend and hold City harmless against any and all claims that the Equipment, or any part or portion thereof, infringe upon any patent. City shall: (a) Promptly notify Company of any claim for which indemnification may be sought, (b) cooperate fully in the defense of such claim provided that such cooperation shall not require the incurring of any expense on the part of City, and (c) permit Company to settle or compromise such claim on terms and conditions which, in good faith, it determines to be appropriate; provided, however, that any settlement shall not result in any cost or expense to City nor result in the City being deprived of the use of the equipment reasonably comparable to the infringing equipment. 7. This Purchasing 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; provided, however, that Company herein provides and grants such consent to City assigning and transferring this Purchase Agreement and its rights hereunder, or a portion thereof, to any third party leasing or financing source with whom the City agrees, on City's behalf, to provide payment to Company of amounts owed or to be owed by City to Company hereunder, or otherwise relating to City's leasing or financing of the equipment contemplated hereby, and Company hereby agrees to execute all documents reasonably necessary to effect such agreement. In the event of any such assignment by City, City may also assign Company's Performance Bond (if any required). 8. This Purchasing Agreement, including the warranties required by the foregoing, constitute the entire agreement between the parties, and there are no representations, conditions, or collateral agreements, expressed or implied, with respect to this Purchasing 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 Purchasing 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 Company and City. 9. This Purchasing 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 Purchasing Agreement, or the equipment purchased hereunder, shall be in Pueblo County, Colorado. All such actions filed in the District Court, County of Pueblo, State of Colorado, and the parties submit to the jurisdiction of that Court. -Page 2- CIT \O UEBLO, a M a ipal Corporation PCS Mobile 666 l�'/�r. (';.C,G Purchasing Agent L Attest: _ Lc,cIl ,)r /47 ,1 Name: S -1 �L Mil' City Clerk f� " ' 2`c� .;.,,' ; -d1 2i� ' ` --*- Title: QC F1, V1 w / re,3$ 0.‘ Balance of Appropriation Exists and Funds are Available Director of Finance 3 Approved as to form: City Attorney -Page 3- CITY OF PUEBLO, a Municipal Corporation PCS Mobile By: 4 z' 4,,)1 id= � � °" By: Purchasing Agent Attest: Name: City Clerk Title: Balance of Appropriation Exists and Funds are Available 1/! 100 - Director of Finance Approved as to form: City Attorney -Page 3- EXHIBIT A STATE & MUNICIPAL LEASE /PURCHASE AGREEMENT Lease No. 1001112 -002 Description of Equipment DESCRIPTION OF LEASED EQUIPMENT Make Kind / Description Model Number Unit Price Quantity Cost Panasonic Tough -book Preferred CF- 53JUQEV1M -CSC $3195.25 60 $191,715.00 Win7, Intel Core i5 -3320M 2.60GHz, vPro, 14.0" HD Touch, 128GB 5SD, 4GB, Intel Wi -Fi a /b /g/n, Bluetooth, Dual Pass (Upper: WWAN/ Lower: Selectable), Verizon 4G LTE, GPS, Contactless Smartcard Reader, Emissive Backlit Keyboard, Multi- drive, Tough -book Preferred Panasonic Protection Plus — Years 1, 2, 3, 4 CF- SVCLTNF4Y $407.00 60 $24,420.00 Havis Dual Pass Docking Station DS- PAN - 411 -2 -P $655.00 60 39,300.00 for Panasonic CF53 Panasonic 120 Watt Power Supply LPS -112 -P 120.00 60 $7,200.00 Panasonic Antenna — Cellular, GPS, 4G LTE AP- CELL /LTE /GPS $96.00 60 $5,760.00 2FA ONE License (Quantity Discount) 2FA -101 $46.55 140 $6,517.00 2FA MIFARE 13.56 MHz Adhesive Tag CRD -552 $3.75 140 $525.00 Onsite Professional Services 2FA -106 $250.00 8 $2,000.00 *Assist in full deployment, Training & application support (Does not include travel expenses) One year 24/7/365 Maintenance 2FA -103 $9.31 140 $1,303.40 & support Upgrades, patches, fixes, technical support TOTAL $278,740.40 Location of Equipment Street Address: 200 S. Main St City: Pueblo County: Pueblo State: Colorado Zip Code: 81003