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City Council

Regular Meeting

DeKalb, IL · March 30, 2018

AgendaMinutes

Minutes

MINUTES CITY OF DEKALB SPECIAL CITY COUNCIL MEETING MARCH 30, 2018 The City Council held a Special meeting on March 30, 2018, in the Council Chambers, located at the City of DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Smith called the meeting to order at 5:00 p.m. A. ROLL CALL Deputy City Clerk Ruth Scott called the roll and the following members of Council were present: Alderman David Jacobson, Alderman Mike Marquardt, Alderman Patrick Fagan, Alderman Kate Noreiko, Alderman Mike Verbic, and Mayor Jerry Smith. Also present were: Finance Director Molly Talkington, City Attorney Dean Frieders, Police Commander Jason Leverton, Deputy Fire Chief Jeff McMaster, Management Analyst Ray Munch, and Deputy City Clerk Ruth Scott. B. RESOLUTION 2018-042 AUTHORIZING THE WAIVER OF BIDS, THE EXECUTION OF THE PURCHASE OF PUBLIC SAFETY PUBLIC RADIO PACKAGES WITH EF JOHNSON, AND PAYMENT IN EXCESS OF $20,000 AND NOT TO EXCEED $171,000. Finance Director Talkington provided background information on this item, stating the City recently became aware of an opportunity to purchase dual-band portable radio packages at a significant discount provided the purchase was made prior to March 31, 2018. She further stated that the purchase of public safety radio was included in the FY2018 Budget with $100,000 in the Police Department. An additional $200,000 was budgeted in the Fire Department contingent on the receipt of grant funding. At this lower purchase price, the City would be able to purchase a greater quantity of radios, which would come closer to fulfilling the overall public safety needs of the City. Police Commander Leverton provided further information, offering information to Council regarding the vendor, EF Johnson, and the DeKalb County radio project. He indicated that on March 28, 2018, the City was made aware that EF Johnson had received cancellation of a large order of dual-band radios after they had already been manufactured. As such, EF Johnson was willing to sell the radios to anyone in the county for a reduced purchase price. Mayor Smith asked if there was any reason for this model of radio to become obsolete. Police Commander Leverton stated no. He indicated that the radios are a step above even what was quoted to the county during project discussions. Special City Council Meeting Minutes March 30, 2018 Page 2 of 3 Alderman Fagan asked who EF Johnson was, with Police Commander Leverton indicating it is the company who manufactures the radios. Discussion ensued between Alderman Fagan and Police Commander Leverton regarding the purchase of the radios. City Attorney Frieders asked Mayor Smith to briefly recess the meeting. Mayor Smith recessed the meeting at 5:08 p.m. Mayor Smith indicated the meeting was back in session at 5:10 p.m. Police Commander Leverton indicated the need of the new radios at the Police Department as the radios currently being used are being phased out. Deputy Fire Chief McMaster provided information regarding the Fire Department’s need for new radios. He also provided information regarding an AFG (Assistance Fire Fighter) Grant, which would offset the amount of money needed to purchase new radios. The grant has been applied for, but notification has yet to be received. Deputy Fire Chief McMaster continued, stating the Fire Department is need of 70 radios. Without the purchase of radios through EF Johnson, the Fire Department would only be able to purchase 56 radios. However, with the purchase of radios through EF Johnson, not only would they be able to purchase radios at discounted price, but all 70 radios up front. Alderman Jacobson stated he spoke to Fire Chief Hicks, asking him if by making this purchase now, would the City be taking itself out of the running or disqualify it from receiving the AFG Grant. He stated that Fire Chief Hicks had indicated it would not. Deputy Fire Chief McMaster offered that if Council approves the purchase of the radios, the City wouldn’t be eligible for $70,000 of the grant, if awarded. However, the purchase of other equipment needed would still be eligible. There was a brief discussion between Alderman Noreiko and Deputy Fire Chief McMaster regarding the receipt of grant funding and how often it can be received. Alderman Verbic asked if there would still be money in the budget to cover the purchase of radios for the Fire Department if the grant was unsuccessful. Deputy Fire Chief McMaster confirmed there was. Lynn Fazekas offered her concern that this item was being rushed into and urged Council to use caution when approving anything that’s not in the budget. She also suggested that Council make temporary adjustments to spending authorities. Special City Council Meeting Minutes March 30, 2018 Page 3 of 3 Mayor smith indicated that he was flustered and flabbergasted and asked City Attorney Dean Frieders to relay the information he provided during the recess called earlier in the meeting. City Attorney Frieders Dean stated this item was presented to staff with a very short timeframe to respond to the vendor. City staff took every effort to convene a meeting within that timeframe to comply with the requirements placed by the vendor. He continued, stating that during the process, the 48-hour window for notification of a Special meeting was identified and City staff complied with the notice requirements. However, the concern with this meeting is that the Open Meetings Act indicates that Special meetings may not be conducted on a state recognized holiday. Therefore, with this meeting being held on the state recognized holiday of Good Friday, it is recommended that Council not approve any action items at this meeting. City staff will continue working with the vendor. C. PUBLIC PARTICIPATION There was none. D. ADJOURNMENT MOTION Alderman Noreiko motioned to adjourn the meeting; seconded by Alderman Jacobson. VOTE Motion carried on a 6-0-2 voice vote. Aye: Jacobson, Marquardt, Fagan, Noreiko, Verbic, Smith. Nay: None. Absent: Finucane, Faivre. Mayor Smith declared the motion passed and adjourned the meeting at 5:25 p.m. _____________________________________ RUTH A. SCOTT, Deputy City Clerk Approved by City Council: April 23, 2018.

Agenda

DATE: March 29, 2018 TO: Honorable Mayor Jerry Smith City Council FROM: Patty Hoppenstedt, Interim City Manager Molly Talkington, Finance Director Eric Hicks, Fire Chief John Petragallo, Deputy Police Chief SUBJECT: Authorizing the Waiver of Bids, the Execution of the Purchase of Public Safety Public Radio Packages with EF Johnson, and Payment in Excess of $20,000 and Not to Exceed $171,000. I. Summary The City recently became aware of an opportunity to purchase dual-band portable radio packages at a significant discount provided the purchase is made prior to March 31, 2018. The purchase of public safety radios was included in the FY2018 Budget with $100,000 in the Police Department. An additional $200,000 was budgeted in the Fire Department contingent on the receipt of grant funding. At this lower purchase price, the City would be able to purchase a greater quantity of radios, which would come closer to fulfilling the overall public safety needs of the City. II. Background The retail cost of a dual-band portable radio is $4,250 each, not including the requisite accessories and set up. Police and Fire Department staff have been meeting regularly with the DeKalb County Sheriff’s Office to implement a new county-wide digital radio system. As part of this regional group, public safety agencies in the county were presented an opportunity to purchase radios at a discounted rate through a group purchase. The group purchase discounted rate was eventually negotiated to $2,820 for single-band radios. On March 27, 2018, the City was advised that vendor EF Johnson was able to sell an enhanced model of a Kenwood dual-band portable radio at $1,000 each due to a canceled customer order. EF Johnson requires a commitment to purchase by March 31, 2018, as this is their fiscal year end. Staff attempted to secure a longer window to evaluate the proposal, and the vendor declined to consider even a one-week extension. The total cost per enhanced dual-band radio is $1,000, not including all the accessories and set up (a $1,820 or roughly 65% savings as compared to the single-band radio). The Police Department allocated $100,000 in the FY2018 Budget for the purchase of radios. Staying within this budgeted amount, the City could now purchase 72 enhanced dual-band radios, including most of the requisite accessories, whereas only 35 single- band radios with no accessories could have been purchased under the previous group purchase price. The purchase of these radios, as included within the City’s FY2018 Budget, is listed as Option 1. The Fire Department allocated $200,000 in the FY2018 Budget, which is offset by anticipated grant revenue in the same amount. To purchase 70 radios, plus minimal accessories and set up at $71,000 prior to grant award, would make that purchase ineligible for reimbursement from the grant. However, at this point the City does not have any way of knowing whether the grant will actually be approved or not. The benefit to the City of purchasing the radios now is an ability to purchase an increased quantity since the price offered is substantially lower than the group purchase price. At the price offered, the City could purchase 70 enhanced dual-band radios without the accessories whereas only 16 dual-band radios could have been purchased under the previous group purchase price. The purchase of the 72 Police radios and 70 Fire radios is Option 2. III. Community Groups/Interested Parties Contacted Community input is welcome at the March 30, 2018, Special City Council meeting. IV. Legal Impact The proposal and relevant terms and conditions relating to this purchase have been reviewed and are in acceptable format, subject to City Council approval. V. Financial Impact At present, the FY2018 Budget includes $200,000 in grant revenue and $300,000 in expenditures for public safety radios. The City has been part of a regional group that applied for a federal grant with 10 other regional entities. Approximately 72 portable radio packages (including most of the accessories and set up) for Police could be purchased for $100,000 and is not tied to grant funding. Since there is a need for 70 additional portable radios for Fire operations, the City could elect to expend $71,000 for the additional 70 portable radios and minimal accessories and set up. However, the radios purchased for Fire would then be ineligible for potential grant funding and thereby, reducing General Fund revenues by $71,000. The City has not presently identified an alternate source of revenues to offset the loss of grant eligibility. However, if the City does not complete this purchase, the City will lose the opportunity to take advantage of the 65% reduction in cost as compared to the single-band group purchase radios and will still not be guaranteed to receive any grant funding. Taking advantage of this immediate opportunity does result in a budget imbalance. However, the Fire Department would still Page |2 have $129,000 available for additional radio needs that is still eligible to apply towards potential grant funding opportunities. VI. Options 1. Purchase public safety portable radios with most of the accessories and set up, in an amount not to exceed $100,000. This is the amount that is budgeted and not associated with grant funding. This would be approximately 72 radio packages. 2. Purchase the radios with minimal accessories and set up under Option 1, plus an additional 70 public safety radios with minimal accessories and set up, in an amount not to exceed $171,000. This would be a total of 142 radios. This additional 70 radios at $71,000 would be ineligible for potential grant funding. 3. Do not purchase radios at this time. This option is not recommended, as it will result in the City not taking advantage of the roughly 65% savings per radio. VII. Recommendation Staff recommends the purchase of approximately 72 public safety radio packages (including most of the accessories and set up) in an amount not to exceed $100,000 for Police. The additional 70 radios, including minimal accessories and set up for Fire, is a benefit to the City through the ability to purchase an increased quantity of radios bringing the total amount of radios closer to the overall need in the department. However, the downside of the additional radios is the loss of potential grant revenue associated with the $71,000 purchase for Fire. If City Council opts to purchase radio packages for both Police and Fire, the total amount of radio packages would be approximately 142 for a combined not to exceed total of $171,000. Page |3 RESOLUTION 2018-042 AUTHORIZING THE WAIVER OF BIDS, THE PURCHASE OF PUBLIC SAFETY RADIO PACKAGES WITH EF JOHNSON, AND PAYMENT IN EXCESS OF $20,000 AND NOT TO EXCEED $171,000. WHEREAS, the City of DeKalb, DeKalb County, Illinois is a home rule community with those powers granted under the provisions of the Illinois Constitution and the Illinois Municipal Code, 65 ILCS 5/1-1-1, et. seq.; and, WHEREAS, the City of DeKalb currently maintains the Purchasing Manual, which relates to the Purchasing Policies in Section II of the Purchasing Policy; and, WHEREAS, the Purchasing Policy states: If any City purchase with a single vendor exceeds $20,000 for the current fiscal year, the purchase must be presented to Council for approval prior to the agreement being executed; and, WHEREAS, the City Council of the City of DeKalb have determined that it is necessary and appropriate and promotes the interests of the City in purchasing a necessary commodity at a competitively obtained price through the State of Illinois consolidated purchasing process; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DEKALB, ILLINOIS: Section 1: That the City Council authorizes the Mayor to waive competitive bids and purchase public safety radio packages, subject to changes acceptable to the Mayor, with EF Johnson in an amount in excess of $20,000 and not to exceed $171,000. Section 2: That the City Clerk of the City of DeKalb, Illinois be authorized and directed to attest the Mayor’s Signature and shall be effective thereupon. PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois, at a Special City Council meeting thereof held on the 30th day of March, 2018, and approved by me as Mayor on the same day. ATTEST: ______________________________ ________________________________ RUTH A. SCOTT, Deputy City Clerk JERRY SMITH, Mayor