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HomeMy WebLinkAboutR-24-70VILLAGE OF DEERFIELD RESOLUTION NO. 2024- R-24-70 A RESOLUTION WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND APPROVING A CONTRACT WITH CONTINENTAL RESOURCES, INC., OF BEDFORD. MASSACHUSETTS, FOR IT EQUIPMENT WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village desires to retain a company to provide IT Equipment ("Equipment'); and WHEREAS, pursuant to Section 9-16 the "Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'), the bidding requirements may be waived for contracts for supplies and services available from a single source or, which by their nature, are not adaptable to competitive bidding; and WHEREAS, the Equipment is not adaptable to competitive bidding because industry practices result in manufacturers extending lowest pricing through customers' existing partner of record or first channel partner contacted; and WHEREAS, Continental Resources, Inc., of Bedford, Massachusetts ("Contractor'), has proposed to provide the Equipment for a price not to exceed $59,246.48 ("Contract'); and WHEREAS, the Mayor and Board of Trustees have determined that waiving bidding and entering into the Contract with Contractor will serve and be in the best interest of the Village and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: WAIVER OF COMPETITIVE BIDDING. Pursuant to Section 9-16 of the Village Code and the Village's home rule authority, the Village Board waives the requirement of competitive bidding for the procurement of the Equipment. SECTION 3: APPROVAL OF CONTRACT. The contract by and between the Village and Contractor is hereby approved in substantially the form attached to this Resolution as Exhibit A ("Contract'), and in a final form and substance acceptable to the Village Manager and the Village Attorney. SECTION 4: AUTHORIZATION TO EXECUTE CONTRACT. The Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the final Contract upon receipt by the Village Clerk of at least one original copy of 4888-8891-7673, v. 1 the final Contract executed by Contractor; provided, however, that if the executed copy of the final Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Mayor and Board of Trustees, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage, by a vote of two-thirds of the Village Board, and approval in the manner provided by law. AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: October 7, 2024 APPROVED: October 7, 2024 RESOLUTION NO: R-24-70 Daniel C. Shapiro, Mayor ATTES _5 Ke t S. Street, Village Clerk 4888-8891-7673, v. 1 EXHIBIT A Contract Portions of the quotation have been redacted with respect to information security concerns. 4888-8891-7673, v. 1 CONTNENTAL RESOURCES, INC. Prepared For Customer: A _ ����IMatt eel Deerfield (v`_^/ Matt Weiss IT SOLUTIONS Continental Resources, Inc. -175 Middlesex Turnpike, Bedford MA 01730 ("ConRes") Dated: 10 3 2024 30 Days Validity Period: Quote Number: CONFIDENTIAL Deerfiield_091124_Backu -FINAL NET 30 This Quotation is the sole property of ConRes and may not be reproduced in any capacity without proper authorization. Terms (Pending Credit Approval): Item # QTY PRODUCT Description Unit Price Extended 10 1 20 2 30 16 40 10 50 1 60 1 70 1 80 1 90 1 100 1 110 2 120 2 130 1 140 1 150 1 160 1 170 1 180 1 190 2 200 1 210 1 220 1 230 1 240 1 250 1 Subtotal: $23,034.10 250 1 260 1 Subtotal: $35,48S.00 Subtotal: $58,519.10 Freight/Freight Ins: $727.38 Total: $59,246.48 TERMS OF SALE Unless otherwise agreed upon in writing by ConRes and Customer all pages of this quotation are governed by the applicable Terms & Conditions outlined at www.conres.com and as described below. All quoted items are Non -Cancellable and Non -Refundable unlesss otherwise defined within this quote and/or subject to each manufactuerers policies. Available quantities reflect a point in time and do not guarantee availability at time of order. It is your (Customers) sole responsibility to evaluate the accuracy of, completeness, and usefulness of the information on this quotation. All payments are in United States Dollars. License and Maintenance Agreements: If customer agrees to purchase any items that carry a license or maintenance agreement and if invoice(s) for these products) is (are) not paid within approved credit terms, ConRes reserves the right to and customer grants ConRes the permission to revoke the reement s . TERMS OF USE All items on this quote are governed by each manufacturers applicable license agreements, warranties, return policies, terms of service, and privacy policies (Customer may be required to confirm acceptance of these policies). ConRes makes no representations or warranties with respect to the performance of the products and the accuracy of the information, and any and all warranties, whether oral or written, express or implied, are hereby expressly disclaimed including, but not limited to, warranties of merchantability and fitness for a particular purpose and liability arising from errors and/or omissions in the information. TERMS APPLICABLE TO SUBSCRIPTIONS Customer acknowledges and agrees there may be monthly pricing fluctuation for each subscription, and a formal change management process or amended Purchase Order will not be required for such monthly pricing fluctuations and that Customer is obligated to make payments for each subscription to ConRes. ConRes will invoice Customer monthly or annually (as defined within this quote) for Customers usage of the subscription which will include subscription usage and any one-time charges. In addition to any other remedies that may be applicable based on the type of subscription, ConRes or any of its resellers (e.g., AWS, ILAND, Ingram, Microsoft) may suspend (remove right to access or use any portion of the subscription) or cancel (also defined as "terminate") Customer's access if Customer fails to pay in full when due any two (2) invoices, other than amounts being reasonably, actively, and diligently disputed by Customer in good faith ("Disputed Charges'). ConRes will have the right to suspend or terminate Customers access to its account and to any subscriptions if Customer has not paid in full all undisputed charges within ten (10) days following Customer's recei t of notice of past due char es. U on termination — all undis uted amount shall be due and gatfable. PRIVACY STATEMENT Continental Resources, Inc. ("ConRes") and its corporate affiliates ("Affiliates" or "ConRes Affiliates") are committed to the protection of your privacy, data, and personal information ("DATA") as further defined within the ConRes Privacy Policy which is available on our website www.conres.com or you may contact us at Privan@conres.mm for further information. Memorandum DATE: 3 October 2024 TO: Kent Street, Village Manager; Andrew Lichterman, Deputy Village Manager CC: Eric Burk, Director of Finance FROM: Matthew Weiss, Director of IT SUBJECT: Data Backup Storage Equipment Replacement Data and system backups are critical tools used to help protect the Village against losses from both operational and cybersecurity incidents. Two pieces of data storage equipment used by the Village to store these backups have reached end -of -life status from their manufacturer. End -of - life status means hardware -level support/warranty cannot be renewed, device software is no longer maintained/updated, and security fixes are no longer released. Devices in this condition become an increasing risk over time with respect to hardware failure and lack of repair options, software issues not addressable internally, ongoing compatibility with other Village systems, and the potential for unresolved security vulnerabilities. For these reasons, IT's standard operating procedure is to replace equipment that has reached this status. In addition, replacement of this equipment at this time will provide necessary performance and capacity improvements, as well as further the Village's security posture by enabling the use of important new backup -related security capabilities. Implementation of these capabilities is also likely to positively affect future ability to maintain cybersecurity insurance and/or receive or maintain more favorable coverage rates. Three formal quotes were solicited: Continental Resources Insight Public Sector CDW Government $59,246.48 $85,387.00 (failed to respond in time) This is a planned equipment purchase for 2024, budgeted from VERF. While this purchase is above the $45,000 originally budgeted, savings realized on other IT VERF purchases this year compensate for this difference to remain under budget in the aggregate. This equipment is expected to last at least five years and pricing includes manufacturer support and maintenance coverage for the equipment for that duration. This purchase will require Board approval by resolution. Waiver of competitive bidding will be requested due to negotiated pricing through the Village's historical reseller for this type of equipment being far superior to other formal pricing received, as is expected due to the business model IT equipment manufacturers maintain with their channel partners. This is to be agenda item 24-101 to appear before the Board on October 7, 2024.