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HomeMy WebLinkAbout160-01 RESOLUTIONRESOLUTION NO. 160-01 A RESOLUTION APPROVING A RADIO MAINTENANCE CONTRACT WITH MOTOROLA, INC. IN THE AMOUNT OF TWENTY-ONE THOUSAND EIGHTY-SEVEN DOLLARS AND FORTY-THREE CENTS ($21,087.43) FOR CALENDAR YEAR 2002. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a Radio Maintenance Contract with Motorola, Inc. in the amount of Twenty -One Thousand Eighty - Seven Dollars and Forty -Three Cents ($21,087.43) for calendar year 2002. Section 2. That the City Council authorizes the Mayor to sign such a contract with Motorola, Inc. PASSED and APPROVED this 4th day of December, 2001. By:tal A /o APPROVED: By: ER WOODRUFF,"City Clerk • Li RAPIA.A D NCO • • Y, Mayo, NAME OF FILE: CROSS REFERENCE: Resolution No. 160-01 12/04/01 Resolution No. 160-01 Radio Maintenance Contract (iSolutions Service Agreement) with Motorola, Inc. Motorola Service Agreement 11/15/01 Departmental Correspondence to Mayor Coody & Members of the City Council from Richard L. Watson, Chief of Police, regarding to approve contract to Motorola, Inc. for radio maintenance Motorola Services Quotation 12/04/01 Staff Review Form 12/04/01 Memo to Richard L. Watson, Police Department, from Heather Woodruff, City Clerk NOTES: i Ras. 160-01 iSolutions Service Agreement ORIGINAL This 'Solutions Service Agreement is entered into by and between Motorola, Inc. ("Motorola') and the customer named in this Agreement ("Customer'). Section 1 DEFINITIONS "Agreement" means this iSolutions Service Agreement and its Attachments, if any, which are attached hereto and incorporated herein by this reference. "Equipment" means the communication equipment that is specified in the Attachments or that is subsequently added to this Agreement. "Services(s)" means those installation, maintenance, repair, support, training, and other services referred to both herein and in the Attachments. Section 2 ACCEPTANCE Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by Motorola. The term of this Agreement will commence on the date specified in this Agreement, including any Attachments ("Start Date"). Section 3 SCOPE OF SERVICES 3.1. Motorola will provide the Services generally described in this Agreement. Certain Services may require more particular description or definition, or may require detailed Statement(s) of Work. If particular descriptions or detailed Statement(s) of Work are required, and are therefore attached to this Agreement, Motorola and Customer hereby agree to be bound by any additional terms included in those Attachments, which are fully incorporated in this Agreement as set forth in Section 1. 3.2. Motorola may also provide additional services ("Additional Services') at Customer's request. Such Additional Services will be billed at Motorola's then -applicable rates for such services. 3.3. If Motorola is providing Services for Equipment: (i) Motorola parts or parts of equal quality will be used; (ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and, (iii) routine service procedures that are prescribed from time to time by Motorola for its products will be followed. 3.4. Any equipment purchased by Customer from Motorola that is or becomes part of the same communications system as the Equipment covered under this Agreement ("Additional Equipment") will be automatically added to this Agreement and will be billed at the applicable rates after the warranty period has expired 3.5. All Equipment must be in good working order on the Start Date or at the time the Equipment is added to the Agreement. Customer must provide a complete serial and model number list either prior to the Start Date or prior to the time that the Equipment is added to the Agreement. 3.6. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 3.7. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 3.8. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or the practical feasibility of the scope of Services as specified in this Agreement, Motorola may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment from the Agreement; or (iii) increase the price to Service such Equipment. Fayetteville Service Agreement Version 1 - 1121101 • • Res. Hoo -o i 3.9. Customer must promptly notify Motorola directly of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 4 EXCLUDED SERVICES 4.1. Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse from causes such as lightning, power surges, or liquids. 4.2. Unless specifically included in this Agreement, Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligation or responsibility for any transmission medium, such as telephone lines computer networks, the Internet or the worldwide web or for Equipment malfunction caused by such transmission medium. 4.3. Unless specifically included in this Agreement, Service does not include items that are consumed in the course of normal operation of the Equipment, such as but not limited to, batteries, magnetic tapes, etc. 4.4. Unless specifically set forth in this Agreement, Service does not include upgrading or reprogramming of Equipment; accessories, belt clips, battery chargers, custom or Special Products, modified units, or software. 4.5. Service does not include certification programs, software support, reprogramming of Software or modifications to Equipment related to assuring the correct processing, providing, or receiving of date data from, into, or between the year 1999 and the year 2000. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obligations under this Agreement and may subcontract any portion of Motorola's performance called for by this Agreement. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer agrees to provide Motorola, at no charge, a non -hazardous work environment with shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola andlor its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable Motorola to perform its obligations under this Agreement. Unless otherwise specified in this Agreement, the hours of Service will be hours of 8:30 a.m. to 4:30 p.m., excluding weekends and holidays. Section 7 CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be manned twenty-four (24) hours per day, seven (7) days per week and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless altemative payment terms are specifically set forth in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any govemmental entity. Fayetteville Service Agreement Version 1 - 11/21/01 •• Res . 1100- 01 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days following completion of those Services. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro - rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 CERTIFICATION DISCLAIMER Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by a Motorola authorized signatory. Section 11 DEFAULT/TERMINATION 11.1. In the event that any sum of money owed by Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by Customer of written notice of such delinquency, Motorola may terminate this Agreement effective upon seven (7) days written notice. If either party defaults in the performance of any of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written notice from the other party detailing the specific contractual obligation and the nature of the default thereunder, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon the giving of notice in writing to the defaulting party. 11.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 11.3. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Section 12 LIMITATION OF LIABILITY Notwithstanding any other provision, except for personal injury or death, Motorola's total liability for losses, whether for breach of contract, negligence, warranty, or strict liability in tort, is limited to the price of the previous twelve months of Services provided under this Agreement. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. Section 13 EXCLUSIVE TERMS AND CONDITIONS 13.1. Customer acknowledges that this Agreement supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended, or modified except by a written agreement signed by authorized representatives of both parties. 13.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 13.3. Customer agrees to reference this Agreement on any purchase order(s) issued in furtherance of this Agreement. Neither party shall be bound by any terms contained in Customer's purchase order(s), acknowledgements or other writings unless: (i) such purchase order(s), acknowledgements or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Fayetteville Service Agreement Version 1 - 1121/01 • • Ras. Agreement; and (iii) such purchase order(s), acknowledgements or other writings are signed by duly authorized representatives of both parties. Section 14 PROPRIETARY INFORMATION; CONFIDENTIALITY 14.1. Any information or data in the form of specifications, drawings, reprints technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission, or as required by law, any such information or data to any person, or use such information or data itseff for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the cancellation, termination, or completion of this Agreement. 14.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. Section 15 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 16 OWNERSHIP OF INTELLECTUAL PROPERTY This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 17 COVENANT NOT TO EMPLOY During the term of this Agreement, and continuing for a period of two years thereafter, Customer agrees not to hire, nor to engage on contract, nor to solicit the employment of, nor to recommend employment to any third party of any Motorola employee or Motorola subcontractor with whom there is contact during an assignment under this Agreement, without the prior, written authorization of Motorola. If, at any time, this provision is found to be overly broad under the laws of the applicable jurisdiction, this provision shall be modified as necessary to conform to such laws rather than be stricken herefrom. Section 18 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola s use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 19 GENERAL TERMS 19.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 19.2. This Agreement and the rights and duties of the parties will be govemed and interpreted in accordance with the laws of the State of Arkansas Fayetteville Service Agreement Version 1 - 11/21/01 • • Rts.1100-01 19.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 19.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 19.5. Except for money due upon an open account, no action may be brought for any breach of this Agreement more than one (1) year after the accrual of such cause of action. 19.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER PARTY NOTIFIES THE OTHER OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. 19.7 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions and any prices in effect at the time of the termination or expiration will apply to those Services. CRY OF FAYETTEVILLE, ARKANSAS (CUSTOMER) MOTOROLA, INC. By: �W//( �1�/I By Na Name: Name: Jim Slusser Title: C/44 Date: / /o Fayetteville Service Agreement Version 1 - 1121/01 Title: Customer Support Manager Date: 11/21/2001 (M) MOTOROLA 1307 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 es. I too - OI SERVIC11 AGREEMENT Agreement Order # : 0619013560401 Supersedes Agreement #(s) : 615000814 ORIGINAL Date: 11/15/2001 Company Name: City of Fayetteville, AR Attn: Billing Address: City, State, Zip: Customer Contact: Phone: Fax: 113 West Mountain Street Fayetteville, AR 72701 Kathy Stocker (501) 587-3561 (501) 587-3563 Required P 0 ' No Customer # : 1011442374 Bill to Tag # : Fayetteville, AR 72701 Contract Start Date: 01/01/02 Contract Expiration Date: 12/31/02 Auto Renew: No Payment Cycle: Annually Tax Exempt: No PO#: Qty Model/Option Description Monthly Ext Annual Ext 13 32 96 13 32 96 5 5 1 SVC01SVC1220 SVC467AA SVC508AA SVC469AA SVCO1 SVC1423 SVC366AA SVC408AA SVC368AA SVC01SVC1420 SVC984 Radio Repair Service ENE,: MCS2000 ENH: SPECTRA (EXCEPT SPECTRA ASTRO & SPECTRA RR) ENH: MTS2000 Local Radio Support Service ENH: MCS2000 ENH: SPECTRA (EXCEPT SPECTRA ASTRO & SPECTRA RR) ENH: MTS2000 Local Infrastructure Repair Service HLN1024 Paging Decoder Micor Repeaters Field Response Services Annual Payment Discount $ 675.99 $ 355.75 $ 680.00 $ (46.07) $ 8,111.88 $ 4,269.00 $ 8,160.00 $ (55284) Addaional tears. detnaions and candrtinxi a this SERVICE AGREEMENT are attached. SPECIAL INSTRUCTIONS- ATTACH STATEMENT OF WORK FOR PERFORMANCE OESCRIPTONS SUBTOTAL- RECURRING SERVICES $ 19,988.04 $ 1,665.67 SUBTOTAL - ONE-TIME EVENT SERVICES $ TOTAL $ 1,665.67 $ 19,988.04 Micor Repeaters and Paging Decoders covered 24X7.0 All subscriber units will be delivered to Smith Two -Way.❑ Subscriber units are serviced during normal business hours. TAXES $ - $ GRAND TOTAL $ 19,988.04 $ 1,665.67 THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL THRONG JORISC CTICNS. TO BE VERIFIED BY MOTOROLA SUBCONTRACTOR(S) CITY STATE MOTOROLA -RADIO SUPPORT CENTER ROCKFORD IL SMITH TWO-WAY RADIO, INC. FAYETTEVILLE AR Mc Se A ss t toe en atCeil AUT ORIZED CUSTOMERA • TURE TITLE •M o,� GUSTO - (PRINT #7 MOTOROLA REPR..ENTATIVE (SIGNATURE) TITLE DATE (817) 788-2640 (817) 605-0971 • /z/o •9/o D TE Customer Support Manager Jim Slusser MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX FAYETTEVI4,LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: Mayor Dan Coody and Members of the City Council FROM: Richard L. Watson, Chief of Police DATE: November 15, 2001 SUBJECT: Approve contract to Motorola, Inc for Radio Maintenance. This contract is for a one year period from January 1, 2002 through December 31, 2002. The annual amount for this contract is $21,087.43. Motorola, Inc. was selected to handle our radio maintenance for the following reasons: ✓ The subcontractor Smith Two Way is the only authorized Motorola service and repair facility in Northwest Arkansas. ✓ The subcontractor has an experienced staff of technicians which will be assigned to our contract. ✓ Motorola offers factory authorized training at no cost to the authorized service centers to ensure they have the best trained personnel in the radio industry. ✓ Motorola offers Field Technical Representation Services (engineers) who are available to assist subcontractors when problems arise. This service is provided free to Motorola maintenance customers when needed. This covers the radio equipment previously owned by the City of Fayetteville that is not covered under the warranty of the new system. Mo Fr. 11 MOTOROLA Jim Slusser Customer Support Manager 637 Shady Bridge Lane Keller, Texas 76248 james.slusser@motorola.com SERVICE, QUOTATION (817) 788-2640 Phone (817) 605-0971 Fax TO: Kathy Stocker Dispatch Manager City of Fayetteville, AR 113 West Mountain Street Fayetteville, AR 72701 (501) 587-3561 (501) 587-3563 Phone Fax Thank you for your inquiry dated: We are pleased to quote you the following: 15 -Nov -01 v4.3 Build 0020 TERMS ANNUAL TOTAL MONTHLY TOTAL Attached $ 19,988.04 $ 1,665.67 QTY MODEWPTION SERVICES DESCRIPTION MONTHLY EXT ANNUAL EXT SVCO1SVC1220 Radio Repair Service $875.99 $e 111.88 13 SVC467AA ENH: MCS2000 32 SVC508AA ENH: SPECTRA (EXCEPT SPECTRA ASTRO & SPECTRA RR) 96 SVC469AA ENH: MTS2000 SVC01SVC1423 Local Radio Support Service $955.75 $4,269.00 13 SVC366AA ENH: MCS2000 32 SVC408AA ENH: SPECTRA (EXCEPT SPECTRA ASTRO & SPECTRA RR) 96 SVC368AA ENH: MTS2000 SVCO1SVC1420 Local Infrastructure Repair Service $880.00 $8,180.00 5 HLN1024 Paging Decoder 5 Micor Repeaters SVC984 Field Response Services ($18.07) ($552.84) 1 Annual Payment Discount SPC v4.3 Build 0020 Release Date: 112101 air MOOELJOP ION• SERVICES DESCRIPTION MONTNLY EXT ANNUAL EXT • Subtotal - Recurring Services 51,665.67 519,988.04 Subtotal - On-time Event Services $0.00 Grand Total 519,988.04 We will he happy to supply any further in unwti.r you may need and trust that you will call on us to fill your order, which will receive our prompt and careful attention. This quote is provided for informational (or budgetary) purposes only and does not constitute an offer to sell This quotation is valid until: -sl<I 002 SPC v4.3 Build 0020 11/15/01 DATE Release Date: 11/2101 • • STAFF REVIEW FORM X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 4, 2001 FROM: Richard L. Watson Name Police Police Division Department ACTION REQUIRED: Approve Radio Maintenance contract to Motorola Inc in the amount of $21,087.43. This is to cover the radio equipment previously owned by the city that is not covered under the warranty of the new system. COST TO CITY: $21,087.43.00 Cost of this Request Various Accounts Account Number N/A Project Number 21,087.43 Radio Maintenance Category/Project Budget Category/Project Name Various Programs Funds Used To Date Program Name Various Funds Remaining Balance Fund BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accotr ting Mana(]er /City4474( -- City A rney Purchasing Officer Date Int rnal tor Date /I//e/o/ Date ADA Coordinator Date STAFF RECOMMENDATION Authorize Mayor and City Clerk to enter into contract with Motorola Inc for radio maintenance. Date //—/(-0/ Date Adm n cativo Services DirectorMay Cross Reference New Item: Yes No Prev Ord/Res N: Orig Contract Date: FAYETTEVA.LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Richard L. Watson, Police Department From: Heather Woodruff, City Clerk Date: December 4, 2001 Please find attached a copy of Resolution No. 160-01 approving a radio maintenance contract with Motorola, Inc. for the calendar year 2002. I am returning one original contract to you. The other original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 Update Document Reference RES Date 12042001 23ty of Fayetteville *Index Maintenance It Action Ref. Taken Brief Description 160 • 12/11/2001 9:05:47 RADIO MAINTENANCE/MOTOROLA, INC Enter Keywords • RES 160-01 RADIO MAINTENANCE CONTRACT MOTOROLA, INC. $21,087.43 CALENDAR YEAR T62 File Reference # • MICROFILE Security Class Expiration Date Date for Cont/Referred: Name Referred to • Cmdl-Return Cmd8-Retention Cmd5-Abstract Yes No Retention Type: **** Active *TTT Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.