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Home My WebLink About240-08 RESOLUTION• RESOLUTION NO. 240-08 A RESOLUTION APPROVING RENEWAL OF A MAINTENANCE CONTRACT PURSUANT TO THE BID WAIVER AUTHORITY GRANTED BY ORDINANCE NO. 4300 WITH MOTOROLA, INC. IN THE AMOUNT OF $137,025.72 FOR MAINTENANCE OF THE CITY'S MOTOROLA SMARTNET II RADIO SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves renewal of a maintenance contract pursuant to the bid waiver authority granted by Ordinance No. 4300 with Motorola, Inc. in the amount of $137,025.72 for maintenance of the City's Motorola Smartnet II radio system. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. "a1 K%TRI""? PASSED and APPROVED this 16thday of December, 2008. me °^Y Gc.•Ft ap� 0 0,3s e FAYETTEVILLE; tse :s.; -.�ys.9RKANSet \). '' �'GTON CP%%% APPROVED: By DAN COODY, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Iir ® MOTOROLA Attn: National Service Support 1309 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 i Date: 11/13/2008 Company Name: Attn: Billing Address: City, State, Zip: Customer Contact: Phone: Fax: FAYETTEVILLE, CITY OF 113 W Mountain St Fayetteville, AR 72701 SERVICE AGREEMENT Contract Number: S00001012130 Contract Modifier: Supercedes Agreement(s): Required P.O.: Customer # : Bill to Tag #: Contract Start Date: Contract End Date: Anniversary Day: Payment Cycle: Tax Exempt: PO#: Annual Prepay Discount Applied No 1011442374 0001 01/01/2009 12/31/2009 Dec 31st ANNUAL Pays All Taxes Qty Model/Option Description Monthly Ext Extended IL MOTOROLA SYSTEM SUPPORT CENTER Recurring Services "'eR IL MOTOROLA RADIO SUPPORT CENTER DEPT (KL775) ROCKFORD SVCO1 SVC0097A RSA Comprehensive $ 606.86 $ 7,282.32 40 SVC417AE ENH: XTS2500 10 SVC420AE ENH: XTS5000 5 SVC415AE ENH:XTS1500 3 SVC414AE ENH: XTL2500 6 SVC413AE ENH: XTL5000 12 SVC416AE ENH: XTL1500 SVC01 SVC2010C SP - TECHNICAL SUPPORT SERVICE $ 315.47 $ 3,785.64 1 NETWORK(S) SVCO2SVC0014C SP - RADIO REPAIR $ 1,177.03 $ 14,124.36 1 SUBSCRIBER SVCO2SVC0015C SP - SUBSCRIBER REPAIR - LOCAL $ 3,716.68 $ 44,600.16 1 SUBSCRIBER SVCO2SVC0029C SP - INFRASTRUCTURE REPAIR/ADVANCED $ 1,262.24 $ 15,146.88 REPLACEMENT 1 NETWORK(S) SVCO2SVC0030C SP - LOCAL REPAIR WITH ONSITE RESPONSE $ 403.75 $ 4,845.00 1 NETWORK(S) SVCO2SVC0071A SP-OIR WITH LOCAL DISPATCH $ 2,969.97 $ 35,639.64 1 NETWORK(S) SPECIAL INSTRUCTIONS- ATTACH STATEMENT OF WORK FOR Subtotal- Recurring Services $ 10,452.00 $ 125,424.00 PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event $ .00 $ .00 Services Total $10,452.00 $125,424.00 Taxes - - Grand Total $ 10,452.00 $ 125,424.00 " Sell Price Reflects Annual Prepay Discount THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE. TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State MOTOROLA RADIO SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA RADIO SUPPORT CENTER DEPT (KL775) ROCKFORD IL MOTOROLA SYSTEM SUPPORT -TECHNICAL SUPPORT SCHAUMBURG IL D0068 SMITH TWO WAY RADIO INC FAYETTEVILLE AR SMITH TWO WAY RADIO INC FAYETTEVILLE AR SMITH TWO WAY RADIO INC FAYETTEVILLE AR I received Statements •f Work that describe the services provided on this Agreement. Motorol. rvice Terms d Condition , a copy of which Is attached to this Se - Agreement, I corporateOierein by this reference. TITLE A D E MOTOROLA R ENTATIVE (SIGNATURE) TITLE James Slusser ,Si7- 788- 2&'/C MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE DATE g/2- oos— 097/ FAX Ya e evi le ARKANSAS City of Fayetteville AR Radio Maintenance Contract 2009-2011 SPECIAL TERMS AND CONDITIONS Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 Contract shall terminate without further obligation on the part of the City at the close of fiscal year 2009 and at the close of each succeeding fiscal year. However, with the approval of funding by the City Council this contract will automatically renew at the beginning of fiscal years 2010, 2011 until the end of the contract period December 31, 2011. Above clauses in no way effect right to terminate contract with a thirty day written notice to terminate by either party. Motorola must provide proof of the following qualifications in relationship to the Motorola 800 Smartnet System in writing. Please submit proof of qualifications in the following format: Subcontractor Information: The names and addresses of all proposed subcontractors shall be furnished in writing to the City; the City must approve selection of subcontractors. If the City judges any subcontractor to be failing to perform the work in strict accordance with the specifications and contract, Motorola, after due notice from the City, shall discharge the same, but this shall in no way release the Motorola from his obligations and responsibility under the contract. Every subcontractor shall be bound by the terms and provisions of the contract documents as far as applicable to his work. Nothing contained herein shall create relations between any subcontractor and the City. Motorola shall be fully responsible to the City for acts and omissions of his subcontractor(s). Motorola specifically warrants and agrees that Motorola will be solely and exclusively responsible for compensating any of Motorola's employees, subcontractors, and/or suppliers of any type or nature whatsoever and that no claims or liens of any type will be filed against any property owned by the City arising out of or incidental to the performance of any services performed pursuant to this contract. Training All bidders shall provide proof of training by the manufacturer with appropriate certificates for maintenance related to a Motorola Trunked Smartnet System. Test Equipment Provide a list of test equipment that is on hand at bidder's facility with descriptions as to model and serial number, and function of equipment related to equipment to be serviced. Parts The bidder shall supply a list of parts inventory on hand for the equipment to be serviced. License Contractor shall provide copies of FCC/NABOR licenses for a minimum of two technicians. Insurance The bidder shall provide proof of insurance stating the amount of coverage and have minimum amount of Comprehensive and General Liability of $300,000.00 and $1,000,000.00 umbrella. Service on Fixed Equipment The contractor shall service all Fixed Equipment not limited to but including Gold Elite Consoles, Site Lens, Site Controller(s), Repeaters, Fire Department apparatus, and Control Stations On - Site" at the City's location. Response Times The contractor shall provide the following response times: a. Non -Emergency: Public Safety Fixed Equipment requires a four hour response time, 24 hours a day, and seven days a week. All other fixed equipment will be serviced on an 8 to 5 Monday through Friday basis with a four hour response time. Mobile and portable turn -around time will be best efforts at 5 days repair time, excluding shipping times. b. Emergency: (As determined by the City of Fayetteville) response immediate upon notification. Preventive Maintenance Inspections: Preventive Maintenance Inspections: An Annual preventative maintenance inspection will be provided for all fixed equipment. Included in the report should be the following. Date of Inspection, location of the equipment, description of the equipment, serial number of the equipment and condition. Standard Fee Schedule Contract shall include a standard fee schedule for services which includes a Monthly Per Unit Price Contract shall include a standard fee schedule for the services listed below. Descnption * Programming Radios $ 45.00 * New Template for Radio $ 125.00 * Tower work price per foot $185.00 - 2 men per hr. * Hourly rate over and above main contract Pricing: In Shop $ 75.00 On Site $ 85.00 iSolutions Service Agreement This iSolutions Service Agreement is entered into by and between Motorola, Inc. ("Motorola") and the City of Fayetteville, Arkansas ("City"). 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 City 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 City 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 City'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 City 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. City 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. City must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 3.7. City must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service City'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 due to excessive wear or City misuse, 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. If the scope of Services needs to be changed or such change causes an increase in the price to Service such Equipment, both Motorola and the City will reflect agreement on such change(s) through a written change order. Neither party is obligated to perform requested changes unless both parties execute a written change order. If the parties cannot reach Fayetteville Service Agreement Terms and Conditions 2009 agreement on the modified scope or price increase related to such Equipment, Motorola will remove such Equipment from the Agreement and return to the City any unused pro -rated portion of the price already paid by City to Service such Equipment. 3.9. City must promptly notify Motorola directly of any Equipment failure. Motorola will respond to City's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 3.10 Changes, modifications, or amendments in scope, price or fees to this Agreement shall not be allowed without the prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 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 City'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 and/or its subcontractors will not be imposed as a site access requirement. City 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 City 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 City's personnel to maintain contact, as needed, with Motorola. Fayetteville Service Agreement Terms and Conditions 2009 Section 8 PAYMENT Unless alternative payment terms are specifically set forth in this Agreement, Motorola will invoice City in advance for each payment period. All other charges will be billed monthly, and City must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. City 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 governmental entity. 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, City'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 City is not paid when due and remains unpaid for a period of thirty (30) days after receipt by City 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 City 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. City 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. Fayetteville Service Agreement Terms and Conditions 2009 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. City 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 City'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 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 City 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. City 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 itself 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 City to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide City with access to its confidential and proprietary information, including cost and pricing data. 14.3 City contracts, agreements and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Motorola will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Section 15 FCC LICENSES AND OTHER AUTHORIZATIONS City 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 City 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, City 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. City will safeguard all such property Fayetteville Service Agreement Terms and Conditions 2009 while it is in City'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 City for Motorola's use without charge and may be removed from City'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 governed and interpreted in accordance with the laws of the State of Arkansas. 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 By: Name: Title: Date: I _rL if , CITY OF FAMETr LE, ARK SAS (CI ) MOTOROLA, INC. VvIa,�or Fayetteville Service Agreement Terms and Conditions 2009 Name: J,4-MaP ��W5 Title: 52 • dS'sin Date: 8— /Y— o t� 4799273021 Ferris Insurance Agency, 1 12:39:58 p.m. 05-20-2008 1/1 ACORD. CERTIFICATE OF LIABILITY PRODUCER Farris Insurance Agency, Inc. P.O. Sox 345 Springdale AR 72765 Phone:479-756-6330 Fax:479-756-9262 INSURED Smi hSmi y Radio P552220 N College Fayetteville AR 72701 INSURANCE OMEIAMmwrry I 05/20/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. XF SMIT8100 INSURERS AFFORDING COVERAGE _ NSURERA: Union Standard USURERS: INSURER C: INSURER 0: INSURER E: NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BEIDW InVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICYPEWOD INOICSTED. NOTWITHSTAHDMG ANY REOUIMAIEHT, TERM ORR CQWNION W ANY CONTRACTOR OTHER DOCUMVC w,TH RESPECTTD WHICH THIS CERT1RCATE MAYBE ISSUED OR MAY PERTAM, THE WSURANCE AFFORDED BY THE POLICIES DENAIBEDHEREIN IS SUBJECTTO ALL THE TERAS. FXCLUSIONSANDCONOMONS OF SUCH POAUpCOIELSGAT AGOREELUDTS SHOWN MAY HAVE BEEN RECUCED BY PAID S. CLAIM LTR INSAI) TYPE OFIIIaIRANCC POLICY mINBBt DATE (IINGD1 P$$$$ TION LOOM GENEMLUABII1Y EACMOMURFOCE _51000000 DEMGETO RENTED A X X COLRJERcaLGENERPLu,9tun CPA426986411 04/15/08 04/15/09 PREIUSESIE.M:RAmxj 5100000 MADAM/WE X OCCUR MEDEXPIMyUNPasall $5000_ . . .__ PERSONALaADVINamy 510000_00 . GENERALAGGRERATE $2000000 T NLAGOREGATEUMTAPPUESPER. PRODUCTS-COLGNOP AGO 52000000 c — LOC POLICY .._—.. .—_ . i AUTOMOBILE DANDY .COMBINED SINGLE LIMO A X AMA=CPA426988411 . 04/15/08 04/15/09 I� 1 s1000000 ALLOWM®AUTOS !BOOLY1NIImY .._ — _. i IUMMIULEDAUTOS MelmoRAI s .HmED AUT03 .—_ ..._ .. _.___. -SWUM/WRY $ 1 NONOWNEDAUTO$ IPMMODDO A X Garage1Ceepers CPA426988411 ' 04/15/08' 04/15/09 PROPFRTYDAMAGE s 6CMLPU I GARAGE LIABILITY AUTO ONLY- EAACCIDENT $....- ' ANY AUTO . i AUTORNYEA ACC` $ .._ I AUTO ONLY: AGG.S. . EXCESSNMBRFILAUABIUTY '"EEACNOCQIRRBICE $ 2000000 A X :OcwR CLAIMS MADECUA427189911 04/15/08 04/15/09 AGGREGATE $2000000 - _._ .. __.. .S _.._ ..._. - osoucnas -- S X I RE77Er/T[ON 5 D __ •_-•—_._ . $ . __ _ 'WORIO:RSCOMPBISATIONAID WtbIATU- 'UNI, ! X TORYLIMOSI___ ER_ _ EMPLOYERS' LIABILITY - A arcrNiOPRTETORIPARTNERn]fECIRNE HINDER 04/15/08 04/15/09 ELEACNAGcwWr 5500000__ . W!yeFFaaIC,XCL EFVMEMBEREUOED7 E.LDISEA3E-EAEMROYEE $500000-dommwts SPECIALPRONSg OMMI ELOISEASE-poucyums. 5500000 o7NTR - DESCRIPTION OF OPERATIONS ILOCATIUNS !VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROISTONS Motorola Inc. is shown as additional insured with respects to General Liability and Waiver of Subrogation is afforded for Workers Compensation coverage. CERTIFICATEHOLDER CANCELLATION MOrOROL Motorola Inc. Fax 847-762-3415 - ATTN Chris 1309 E Algonquin Rd. Door 30 2nd Floor Schaumburg IL 60196 SHOULD ANY OF THE ABOVE OESCREED POLICIES SE CANCEUED BEFORE THE EMIRATE'S DATE THEREOF,THE i$5UIN0 INSURER SILLENDEAVOR TO MAJL 10 DAYS WRrrTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ME LEFT. BUT FAILURE TO 00 SO SHALL WPOSE ND OBLIGATION OR LIABILITY OF ANY QM UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHOR® REPRESENTATIVE Drew Bradley_ ACO ® ACORD CORPORATION 1988 (6) 414 Licty Cs rei��1 SMITH Two -Way RADIO Smith Two -Way Radio, Inc. "In Radio Since 1929" 520 N. College Ave. Fayetteville, AR 72701 Ph: 479.443-2222 Fax: 479443-5677 865 Barbara Drive Muldrow, OK 74948 Ph: 479739-5233 400W. Hudson Road Rogers, AR 72756-2449 Ph: 4744164747 Fax: 479431.8910 Smith Two Way Radio maintains an inventory of $88,000 in parts to facilitate repairs on any City of Fayetteville equipment. This includes, but is not limited to, hand held radios, mobile radios, vehicles, and fixed equipment. • MOTOROLA aumOIfZflWW Hallo Defiler KENWOOD COMMUMCATIONS M.11110111210 DEALER /.140 ._..c. SMITH Two -Way RADIO Smith Two -Way Radio, Inc. "In Radio Since 1929" 520 N. College Ave. Fayetteville, AR 72701 Ph: 479-443-2222 Fax: 479.443.5677 805 Barbara Drive Muldrow, OK 74948 Ph: 479.739.5233 400 W. Hudson Road Rogers, AR 72756.2449 Ph: 479-6364747 Fax: 479-631-8910 Following is a list of equipment on hand as needed to support City of Fayetteville Radio System TEST EQUIPMENT AEMC GRD TESTER Model # 3711 10M48765 SUNRISE TELECOM, SUNSET T-10 QP006100 MOTOROLA 2670 MONITOR 496KXA0027 MOTOROLA 2670 MONITOR 496KYE0104 HP 3551A TRANSMISSION TEST SET 1550A06644 ANRITSU SITE MASTER 828015 BIRD # 42 WATT METER 2) LAPTOP COMPUTERS W/ASSOCIATED SOFTWARE 1) LAPTOP COMPUTER WITH DOSS BASED SOFTWARE SERIAL NUMBER MOTOROLA Authorized Tho -Way FNB Oeek+ KENWOOD a0AM4UNxA71ONS FAMAEedWIN Chief Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts December 16, 2008 City Council Meeting Date Police Division Action Required: ets Z �ob affo /2flfrV/4) Inc, Police Department Approve resolution awarding contract to Motorola Inc for radio Maintenance in the amount of $137,025.72 $137,025.72 Cost of this request Account Number Various Radio Maint Accounts Project Number Budgeted Item X $1371025.72 Category/Project Budget Funds Used to Date 137,025.72 Remaining Balance Budget Adjustment Attached Various Radio Maint Accounts Program Category / Project Name u. Program / Project Category Name �eneral, Water & Sewer, Solid Waste Fleet, Airport, Street Fund Name Departm %)9/it /4E - City Attorney \\NI\-�J Date Original Contract Date: Finance and Internal Service Director Mayor Previous Ordinance or Resolution # i� II•zb•o8 Date Date Original Contract Number: tv2D /0M'Soo Received in Mayor's Office Comments: 1L-atrdine Departmental Correspondence Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 TO: Mayor Dan Coody and Members of the City Council FROM: Greg Tabor, Chief of Police DATE: November 17, 2008 SUBJECT: Award Contract to Motorola Inc for Radio Maintenance Recommendation: City Council approve a resolution authorizing Mayor Coody to sign a contract with Motorola Inc for radio maintenance of radio equipment currently used on the City's Motorola 800MHz Smartnet radio system utilizing ordinance 4300 waiving competitive bidding. The amount of this contract is $137,025.72. Background: The original Motorola Radio system was purchased in 1985 and then upgraded in 1999 to a Smartnet II system. The city currently maintains equipment at Mt Sequoyah, Mt. Robinson, and Central Dispatch. This contract will also cover 601 mobile and portable radios which operate on the radio system. Discussion: This contract will automatically renew for three years. The first two years with no increase and the third year will increase 4.5%. The subcontractor Smith Two Way is the only authorized Motorola service and repair center in Fayetteville. The subcontractor has an experienced staff of technicians which will be assigned to our contract. Motorola offers factory authorized training and field technical representation services (engineers) who are available to give technical assistance to the subcontractors when problems arise. Budget Impact: The $137,025.72 for this contract is included in the 2009 Budget. RESOLUTION NO. A RESOLUTION APPROVING RENEWAL OF A MAINTENANCE CONTRACT PURSUANT TO THE BID WAIVER AUTHORITY GRANTED BY ORDINANCE No. 4300 WITH MOTOROLA, INC. IN THE AMOUNT OF $137,025.72 FOR MAINTENANCE OF THE CITY'S MOTOROLA SMARTNET II RADIO SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves renewal of a maintenance contract pursuant to the Bid Waiver authority granted by Ordinance No. 4300 with Motorola, Inc. in the amount of $137,025.72 for maintenance of the City's Motorola Smartnet II radio system. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 16th day of December, 2008 APPROVED: ATTEST - By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. 4300 MICROFILMED AN ORDINANCE WANING COMPETITIVE BIDDING FOR THE PURCHASE OF SPECIALIZED RADIO EQUIPMENT FROM MOTOROLA INCORPORATED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby waives the requirement of competitive bidding for the purchase of specialized radio equipment from Motorola Incorporated for the reason that an exceptional situation exists making such procedure not feasible as follows: (a) Motorola Incorporated is the sole source supplier of the equipment which is compatible with the 800 MHz Motorola trunking system utilized by the city. Section 2. Such bid waiver shall continue in effect, subject to any needed budget or contract approval, until such time as the City of Fayetteville discontinues operation of the 800 MHz Motorola trunking system. Section 3. The City Council hereby determines that the City of Fayetteville is in immediate need of additional radio equipment and hereby determines that the immediate passage of this ordinance is necessary for the purchase of such equipment. Therefore, an emergency is declared to exist and this ordinance being necessary for the public safety and welfare shall be in full force and effect from and after its passage and approval. • -PASSED AND APPROVED this day of March, 2001. By:G/62�.��, h_JG Heather Woodruff, City Cle MOTOROLA Address Reply to: 637 Shady Bridge Lane Keller, Texas 76248 11/14/2008 Kathy Stocker City of Fayetteville 113 W Mountain St. Fayetteville, AR 72701 Kathy, Motorola is pleased to propose a renewal of your maintenance service agreement contract for FY years 2009-11. Enclosed are the documents requested by the City of Fayetteville, along with Motorola's documents to execute this service agreement. Motorola will offer a three year agreement, that keeps the pricing at the same level for the first two years. The pricing for the third year of this agreement will be increased by 4.5%. We will adjust the equipment covered on this service agreement each year, as we have done in the past, removing units no longer in service or adding new units purchased by the City. Smith Two -Way remains as our local service provider, along with the resources of Motorola's System Support Center to insure that all of your equipment is maintained to the highest level of service possible. 1 thank you for your business these past years, and I hope that you will continue to rely on Motorola to provide the City of Fayetteville with all of your service needs. If you have any questions or issues, please call me at anytime and 1 will be more than happy to try and resolve them. Thank you again for your business. Jim Slusser Sr. Customer Support Manager (817) 788-2640 1 Clarice Pearman - Res. 240-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Tabor, Greg 12.19.08 5:48 PM Res. 240-08 Audit Audit Page 1 of 1 Chief Tabor: Attached is a copy of the above resolution passed by City Council regarding Motorola; Inc. I am forwarding to you one of two signed agreements. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494BDE73 F... 12.19.08