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RES 2013-1651 - PO from Portable Computer Systems for laptops 4,4PD FEBR'P¢ 411:4._ ,. City of Omaha ` ° �,, t Jean Stothert,Mayor Todd R.Schmaderer Chief of Police Omaha Police Department "To Serve and Protect" Honorable President 505 South 15th Street Omaha,Nebraska 68102-2769 and Members of the City Council, fax(402)444-5898 www.opd.ci.omaha.ne.us Transmitted herewith is a Resolution authorizing the acceptance of the proposal from Portable Computer Systems in the amount of $195,734.00 for the purchase of 41 Panasonic laptop computers, docks, and antennas for the Omaha Police Department. The Omaha Police Department recommends entering into a purchase order to accept the proposal from Portable Computer Systems. Portable Computer Systems is providing WSCA Contract pricing #B27172. WSCA is accepted as a provider of cooperative procurement as recognized under Section 10-111 of the Omaha Municipal Code. Funds of$195,734.00 have been appropriated in Year 2013, Fund 11111, Organization 113141 Fleet & Facilities, Account 44212 Computer Equipment/Printers. The Finance Department is authorized to pay the cost from this account. Respectfully submitted, z ht ej:z .- Todd R. Schmaderer Date Chief of Police Approved as to Funding: Referred to City Council for Consideration: ; l'4-- . ,--- , _ JA ---- . ---' ----2,--- Step n B. Curtiss a e Mayor's Office Date Finance Director S:\OPD\1330ddr t"\ K.5 An Internationally Accredited Law Enforcement Agency C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Portable Computer Systems submitted a proposal in the amount of$195,734.00, for the purchase of 41 Panasonic laptop computers, docks, and antennas for the Omaha Police Department; and, WHEREAS, the Omaha Police Department recommends entering into a purchase order to accept the proposal from Portable Computer Systems; and, WHEREAS, Portable Computer Systems is providing WSCA Contract pricing#B27172; and, WHEREAS, WSCA is accepted as a provider of cooperative procurement as recognized under Section 10-111 of the Omaha Municipal Code; and, WHEREAS, the Mayor has recommended accepting the proposal from Portable Computer Systems and has authorized this payment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT as recommended by the Mayor, the purchase based upon the proposal from Portable Computer Systems in the amount of$195,734.00, for the purchase of 41 laptop computers, docks, and antennas for the Omaha Police Department, is hereby approved. BE IT FURTHER RESOLVED; THAT the Finance Department of the City of Omaha is authorized to pay $195,734.00 for the cost of the 41 laptops from Year 2013, General Fund 11111, Organization 113141 Fleet and Facilities, Account 44212 Computer Equipment/Printers. S:\OPD\1331ddr APPROVED AS TO FORM: a ITY ATTORNEY DATE By Apietbssie, Councilmember Adopted , I EC 1 7 2013 7-0 C' Clerk _ta:_f Approved Mayor • Proposal: PROPOSAL-10693/1 pcs mobil roposaFor: City of Omaha PD Corporate Headquarters Print Date: 11.26.2013 02:01 PM 1200 W Mississippi Ave Proposal Valid Date: 12.26.2013 Denver, CO 80223 02:00 PM Phone:888.836.7841 Email: sales@pcsmobile.com Inside Sales Rep: Amy Hale Email: amyh@pcsmobile.com Customer: Phone: 888-219-8699 City of Omaha PD Fax: 940-683-4314 Finance Disbursements Rm 1007 1819 Farnam St. Salesperson: Brian Ferring Omaha, NE 68183 Email: brianf@pcsmobile.com Proposal Created By: Brian Ferring Proposal Customer Requested By F.O.B. Terms Contract ■-Don Truckenbrod Origination NET 30 WSCA B27172 Line Item Number Description Price Quantity Subtotal 1 CF-31WBLEHLM W7(W8 COA),i5-2.7G,13.1 T,500G,4G,BT,DP,4G LTE,GPS,e-bklt $3,682.00 1.00 $3,682.00 2 DS-PAN-111-2-P Havis Dock for Panasonic Toughbook 30/31,dual RF $833.00 1.00 $833.00 3 LPS-104-P Havis/Panasonic Power Supply for CF-31 $151.00 1.00 $151.00 4 AP-CG-O-S11-BL Cell/LTE/GPS Antenna,Threaded Bolt Mount,Color black,TNC/TNC $108.00 1.00 $108.00 Total $4,774.00 Notes Request Terms and Conditions Portable Computer Systems, Inc.,dba: PCS Mobile Standard Reseller: Terms and Conditions 1.Contract Terms.These Terms and Conditions are attached to and made a part of a"Quote"for resale of products("Products")provided by Portable Computer Systems,Inc.,dba:PCS Mobile("PCS")to the buyer named therein("Buyer");and all further references herein to"this Agreement"mean the Quote,including these Terms and Conditions.Upon acceptance of this Agreement by Buyer,the provisions of this Agreement constitute a binding contract between PCS and Buyer.This Agreement shall be accepted by Buyer upon either receipt from Buyer of any written communication confirming this Agreement or acceptance by Buyer of Products shipped by PCS pursuant to this Agreement.This Agreement supersedes all prior communications relating to the Products covered by this Agreement,and any contrary or supplemental provisions in any Buyer purchase order or other communication from Buyer are specifically rejected. 2.Payment.Payment for the Products shall be in US dollars as stated in this Agreement.Unless stated otherwise,prices stated in this Agreement do not include any state or local sale,use or other taxes or assessments or freight charges(beyond delivery by PCS to common carrier),all of which shall be paid by Buyer.A service charge of 1.5%per month will be charged on all past due balances and will be due on demand.All PCS costs of collection,including reasonable attorney's fees,shall be paid by Buyer.Buyer grants PCS a security interest(and the right to file UCC financing statements)in the Products to secure payment of all amounts due.If Buyer fails to make any payment when due,PCS shall have the right to revoke any credit extended,regarding the Products or otherwise,to delay or cancel any or all future deliveries without liability to Buyer.The obligation of PCS to deliver Products shall terminate without notice upon filing of any bankruptcy proceeding by or against Buyer or appointment of any trustee for Buyer or any of its assets.Under no circumstances may Buyer set off against amounts due PCS pursuant to this Agreement any claim Buyer may have against PCS for any reason. 3.Shipment.Delivery of all Products shall be F.O.B.place of shipment by or for PCS,unless otherwise agreed in writing.PCS reserves the right to select the means of shipment,point of shipment and routing.Delivery will be deemed complete upon transfer of possession of Products to common carrier as described above,whereupon all risk of loss,damage or destruction to the Products shall pass to Buyer. 4.Acceptance of Products;Returns.All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within seven(7) calendar days of receipt of Products of any short shipment,wrong-product shipment,damaged Products or similar discrepancies.Once accepted by Buyer,Products may be returned only with authorization from PCS,in the sole discretion of PCS;and in no case will returns be considered more than thirty(30)days after delivery to Buyer.If accepted for return Products will be subject to a 20%restocking fee. 5.Warranties.PCS makes no representation with regard to Products of any kind or nature,express or implied,including any warranty of merchantability or fitness for a particular purposes,or usage of trade.Products are covered by manufacturer's warranty only.Copies of manufacturer's warranty will be provided to Buyer upon written request.PCS assigns to Buyer all warranties on the Products accepted by Buyer;and PCS shall have no obligation relating to processing claims there under,though PCS may assist Buyer therewith at the sole option of PCS. 6.Limitation on Liability.In no event shall PCS be liable for any claims for loss of use,revenue,profit or customer,or any direct,indirect, special,incidental or consequential damages of any kind or nature arising out of,or connected with the Products,the use thereof,or the sale thereof by PCS to Buyer.Further,Buyer agrees to indemnify and defend PCS from any such claims. 7.Force Majeure.PCS shall not be liable for any delay or failure to perform any obligation of PCS under this Agreement that is caused by events of force majeure,including without limitation strikes,riots,casualties,acts of God,war,governmental action or other cause beyond the reasonable control of PCS. 8.Miscellaneous.This Agreement constitutes the entire agreement between PCS and Buyer regarding the Products,and may not be modified except by written agreement signed by the party to be charged with the modification.Buyer's rights under this Agreement may not be assigned without the written consent of PCS.If any provision of this Agreement shall become invalid or illegal under any provision of applicable law,the remainder of this Agreement shall not be affected.This Agreement shall be binding upon both PCS and Buyer,and their respective successors and assigns.This Agreement shall be interpreted in accordance with the internal laws of the State of Colorado. RESOLUTION—ORDINANCE BACKGROUND To: Department Directors From: Deputy Chief M. Elizabeth Davis Police Services Bureau Date: December 4, 2013 1. Chief Schmaderer 2. Law Department 3. Finance Department R" 4. Mayor's Office Please sign the attached resolution and forward to the next Department for signature using this check sheet as a guide. Please call Daneen at x6158 after signature and when forwarding. Thank you. Subject: Resolution authorizing the acceptance of the proposal from Portable Computer Systems in the amount of$195,734.00. Initiated by: Don Truckenbrod Reason: To purchase 41 Panasonic laptop computers, docks, and antennas. Contact Person: Captain Adam Kyle, x5633; Don Truckenbrod, x5651 Funding: OPD Operating Budget Reviewed by Law: Assistant City Attorney, Michelle Peters 5- NO. Resolution by Res. that, as recommended by the Mayor, the purchase based upon the proposal from Portable Computer Systems in the amount of $195,734.00, for the purchase of 41 laptop computers for the Omaha Police Department, is hereby approved, and that the Finance Department of the City of Omaha is authorized to pay $195,734.00 for the cost of the 41 laptops from Year 2013, General Fund 11111, Organization 113141 Fleet and Facilities, Account 44212 Computer Equipment/Printers. S:\OPD\1331 ddr Presented to City Council -DEC 1 7 2013 Adopted &ter grocun City Clerk