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R-16-26 Approving a Sales Agreement for Purchase of Portable Radios for the Lemont Emergency Management Agency from the Emergency Telephone System Board of DuPage County418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Judy Radomski, Police Department THROUGH: SUBJECT: A Resolution Approving a Sales Agreement for Purchase of Portable Radios for the Lemont Emergency Management Agency from the Emergency Telephone System Board of DuPage County DATE: March 9, 2026 SUMMARY/BACKGROUND The Lemont Emergency Management Agency (LEMA) under guidance of the Lemont Police Department, has proposed the purchase of 20 Motorola APEX7000 portable radios from the Emergency Telephone System Board (ETSB) of DuPage County. The attached sales agreement outlines the process for purchase. ANALYSIS The updated Village of Lemont Strategic Plan outlines Operational Excellence as a strategic priority. The Village of Lemont recognizes the value of modernizing the technological aspect of LEMA through the updating of communications equipment. It is anticipated that the LEMA will purchase from ETSB, 20 used Motorola APEX7000 portable radios, charges, batteries and microphones, all in as is condition. The agreement and purchase will allow for interagency communication with other emergency management agencies and with local police and fire agencies in other communities. Cost per radio with all accessories is $500.00. The agreement allows for six (6) radios to be purchased in Fiscal Year 2026 and the additional fourteen (14) radios to be purchased in Fiscal Year 2027. Consistency with Village Policy Budget (if applicable) STAFF RECOMMENDATION Staff recommends the Village of Lemont enter into the sales agreement with ETSB of DuPage County for the purchase of radios. BOARD ACTION REQUESTED Authorization to sign the LEMA-ETSB Sales Agreement. ATTACHMENTS Resolution LEMA Radio Purchase 03.09.26.pdf LEMA Radio Purchase Sales Agreement 03.09.26.pdf VILLAGE OF LEMONT 11 RESOLUTION NO. b`L-Aa A RESOLUTION APPROVING A SALES AGREEMENT FOR PURCHASE OF PORTABLE RADIOS FOR THE LEMONT EMERGENCY MANAGEMENT AGENCY FROM THE EMERGENCY TELEPHONE SYSTEM BOARD OF DUPAGE COUNTY ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 9TH DAY OF MARCH 2O26 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois on this 9th day of March 2026 �, [ RESOLUTION NO. L A RESOLUTION APPROVING A SALES AGREEMENT FOR PURCHASE OF PORTABLE RADIOS FOR THE LEMONT EMERGENCY MANAGEMENT AGENCY FROM THE EMERGENCY TELEPHONE SYSTEM BOARD OF DUPAGE COUNTY WHEREAS, the Village of Lemont ("Village") is an Illinois Municipal Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; and WHEREAS, the Emergency Telephone System Board of DuPage County wishes to enter into an agreement with the Village of Lemont ("Village") for the sale of portable radios to the Lemont Emergency Management Agency; and A; and WHEREAS, the terms and conditions of the agreement are attached to hereto as Exhibit WHEREAS, both parties seek to enter into the terms and conditions of this agreement. BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: SECTION ONE: The foregoing findings and recitals are hereby adopted as Section One of the Resolution and are incorporated by reference as if set forth verbatim herein. SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 9th DAY OF MARCH 2O26. PRESIDENT AND VILLAGE BOARD MEMBERS: Samuel J. Forzley Janelle Kittridge Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton AYES: NAYS V V V ABSENT: ABSTAIN — ti;�� JOH EGOFSKE, Vi ent �,eOFZ v ATTNO (SQ*M&LENE M. SMOLLEN, Village Clerk 111in 6%S SALES AGREEMENT Contract No.: 26DEDIRS112 Dated: March 11, 2026 This is an Agreement by and between The County of DuPage and Emergency Telephone System Board of DuPage County, hereafter called SELLER, and the Lemont Emergency Management Agency, a public safety entity, hereafter called BUYER. In consideration of the mutual undertakings herein contained, the parties hereto agree as follows: 1. SALE: SELLER agrees to sell to BUYER and BUYER agrees to purchase from SELLER portable radios and accessories listed in Attachment A (referred to as the "Equipment") in accordance with the terms and conditions specified herein. 2. SALE PRICE: The Sale Price of the Equipment: $500.00. $500.00 per APX7000 7/800 UHF non-ruggedized portable radio in "as is condition". Radio mic, charger and battery will be provided one per portable also in "as is condition" at no charge if SELLER has available functioning stock. Radio includes TDMA. 6 APX7000 71800 UHF portable radio @ $500.00 = $3,000.00 Additional 14 APX7000 71800 UHF portable radios @ $500.00 = $7,000.00 after May 1, 2026 by separate agreement. 3. PAYMENT: BUYER agrees to pay SELLER pursuant to the Illinois Prompt Payment Act (30 ILCS 540). The SELLER will invoice BUYER upon delivery of equipment as shown in Attachment A. The BUYER may remit all costs at any time during the payment period. 4. DELIVERY: BUYER shall be responsible for the pickup at 420 County Farm Road, Winfield, Illinois or shipping costs of all items on Attachment A. 5. WARRANTY: SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE DESIGN, OPERATION, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN, THE EQUIPMENT AND ALL WARRANTIES INCLUDING WARRANTIES OF, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE EQUIPMENT ARE HEREBY EXCLUDED. BUYER AGREES THAT SELLER WILL IN NO EVENT BE LIABLE FOR DAMAGES ARISING IN STRICT LIABILITY OR FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING. SELLER'S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE PURCHASE PRICE OF SUCH ITEM OF EQUIPMENT SET FORTH IN THIS AGREEMENT. 6. TITLE: Title to the Equipment free and clear of all liens, claims and encumbrances of any kind shall vest in BUYER upon final payment by BUYER to SELLER of the full Sale Price required to be paid pursuant to Paragraph 3 hereof. 7. NOTICES: Any notice hereunder shall be in writing and shall be deemed to be given when delivered, including but not limited to overnight courier or electronic transmission or, if mailed, on the third day after mailing by registered or certified mail, postage prepaid and addressed to BUYER or SELLER at its respective address shown on the preamble to this Agreement, or to either party at such other address it has designated as its address for purposes of notice hereunder. 8. FORUM SELECTION, CHOICE OF LAW, AND INDEMNITY: A. The venue for all disputes arising out of this contract will be exclusively in the circuit court for the Eighteenth Judicial Circuit in DuPage County, Illinois; B. This contract shall be governed by the laws of the State of Illinois including all matters of construction, validity, performance and enforcement; and C. BUYER shall, at all times, to the extent permitted by law, fully indemnify, hold harmless, and defend the SELLER and its officers, agents, and employees from and against any and all claims and demands, actions or suits brought against them. BUYER shall likewise be liable for the cost, fees and expenses incurred in the SELLER's defense of any such claims, actions or suits. Notwithstanding this duty to indemnify, the Parties recognize that the DuPage County State's Attorney is the exclusive legal representative of the County of DuPage and the SELLER. Nothing contained herein shall be construed as prohibiting the DuPage County State's Attorney's Office from defending the SELLER, the County, or their officials, directors, officers, agents and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and actions brought against them. Indemnification shall be deemed a waiver of the SELLER or the County of DuPage's defenses under the Illinois Local Government and Governmental Employees Tort Liability Act. 9. MISCELLANEOUS A. This Agreement constitutes the entire agreement between SELLER and BUYER with respect to the sale and purchase of the Equipment on Attachment A and supersedes all prior and concurrent offers, promises, representations, negotiations, discussions and agreements that may have been made in connection with the sale of the Equipment. No representation or statement not contained herein shall be binding upon SELLER or BUYER as a warranty or otherwise unless in writing and executed by the party to be bound thereby. If BUYER does not sign this Agreement and return the signed copy of this Agreement to SELLER within sixty (60) days of the receipt of the Agreement, this Agreement may be voided at SELLER'S election. B. BUYER shall not assign its rights under this Agreement unless it has obtained the prior written consent of SELLER. This Agreement shall be binding upon and inure 2 to the benefit of the parties hereto and their respective successors and permitted assigns. C. This Agreement shall be governed by construed in accordance with the internal laws of the State of Illinois including all matters of construction, validity, performance and enforcement. D. This Agreement is subject to acceptance by SELLER at its offices referred to in the preamble and shall only become effective on the date thereof. E. No revision or modification of this Agreement shall be effective unless it is in writing and signed by duly authorized officers of BUYER and SELLER. F. The BUYER further agrees that any options which are integrated as part of the subscriber units including but not limited to Airtime are the responsibility of the BUYER. G. The BUYER understands that purchase of equipment does not entitle BUYER to access to the DuPage Emergency Dispatch Interoperable Radio System (DEDIR System). Access to the DEDIR System may be granted through a different application request. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and do each hereby warrant and represent that its signatory whose signature appears below has been and is on the date of this Agreement duly authorized by all necessary and appropriate corporate action to execute this Agreement. If this Agreement is not executed by both parties and returned to SELLER within sixty (60) days of receipt, SELLER may terminate this Agreement without notice. Emergency Telephone System Board BUYER: Of DuPage County By: Title: By: Authorized Signatory Authorized Signatory Title: Date: Date: 3