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