HomeMy WebLinkAbout2013-286 Agrmt - Day Wireless Systems
MAINTENANCE AGREEMENT
DAYAL www.daywireless.com
WIRELESS SYSTEMS Company Number
®03 ❑13 ❑18
FCC LICENSEE ❑ 04 ❑ 15 ❑ 20
❑ 11 ❑ 16 ❑
CUSTOMER NO. SHOP NO.
5038 0331
AGREEM_ENT_DATE CONTRACT NO.
/13 1735-00
COMPANY NAME DATE MAINTENANCE BEGINS TAX
ASHLAND, CITY OF 7/1/2013 A
ADDRESS DATE MAINTENANCE ENDS STATE .
20 E MAIN ST 06/30/2014 OR
CITY STATE ZIP COUNTY CODE
ASHLAND OR 97520 CE 80
❑ NEW ❑ SUPERSEDE ® ADD/UPDATE ❑ DELETE ❑ CANCEL
BILLING PERIOD ❑ MONTHLY ® QUARTERLY ❑SEMI ANNUAL ❑ ANNUAL
NO. MONTHLY FEES
UNITS DESCRIPTION TYPE PLACE OF SERVICE PER UNIT TOTAL
1 OTHER 168 ASHLAND 0 0
2 MICROWAVE-STANDARD 203 92.64 185.28
2 MOSCAD 234 40.72 81.44
1 MSR2000 BASE 266 0 0
46 XTS5000 268 6.32 290.72
46 XTS3000 269 q6,32 290.72
2 MTR2000 283 58.66
1 ASTROTAC COMPARATOR 289 20.11
30 ASTRID MOBILE 299 244.50
4 EX500 300 25.28
6 EX600 301 37.92
12 QUANTAR STATION 302 62.92 755.04
201 - 13 MAINTANENCE AGREEMENT TOTAL 23,876
THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE
CLIENT .DAY WIRELESS SYSTEMS
FCC LICENSEE DATE
08/9/2013
WITNESS WITNESS
CALVIN EMIGH
AUTHORI ED SIGNATURE AUTHORIZED SIGNATURE
NOTE: Make sure the second page is initialed by the customer.
DAY WIRELESS SYSTEMS MAINTENANCE AGREEMENT
TERMS & CONDITIONS
1. DEFINITIONS. "DWS" shall mean Day Wireless Systems. "Licensee" allowance based on the monthly maintenance fee for the time such
shall mean and apply to the FCC Licensee, or the User, or the Purchaser of interruption or interference is attributable to the fault of DWS.
the equipment to be maintained by the terms of this agreement. 9. FORCE MAJEURE. DWS shall not be responsible for any damages,
2. PERFORMANCE OF MAINTENANCE. DWS agrees to provide delay in performance or failure to perform under this Agreement if such
maintenance (as defined below) for the Licensee of the equipment described damage, delay in performance, or failure to perform is caused by any acts or
on the previous page of this agreement beginning and ending on the dates omissions of Licensee, fire, strike, or other labor disputes, embargo,
indicated in consideration of Licensee's payment of the monthly maintenance government regulations or requirements (legislative, judicial, military or
charges. Maintenance shall include the labor and parts required to repair otherwise), power failure, electrical power surges or current fluctuations,
equipment, which has become defective through normal wear and usage. lightning strike, flood war, water, the elements, or other forces of nature,
3. MAINTENANCE STANDARDS. delays or failures of transportation, equipment shortages, suppliers' failures
a. The equipment will be maintained by DWS in accordance with or other causes beyond its reasonable control, whether or not similar to the
these standards: (I) Motorola parts of equal quality will be used; (11) oil, water, foregoing.
dust and foreign substances will be removed from the equipment; (111) the 10. AUTOMATIC RENEWAL. After the "Date Maintenance Ends" indicated
equipment will not be subject to mechanical abuse; (IV) the equipment will be on the previous page of this agreement, this agreement shall continue for
maintained at the levels necessary to provide the required communication; successive additional periods of 1 month, provided that either DWS or the
(V) routine maintenance procedures will be followed; and (VI) all Licensee may terminate this agreement on the "Date Maintenance Ends" or
maintenance work will be done by qualified technicians. The equipment will thereafter upon 30 days written notice to the other party sent by certified mail
be inspected and adjusted periodically and as often as required. to the address indicated herein.
Maintenance service does not insure uninterrupted operation of the 11. WAIVER. Failure or delay on the part of DWS to exercise any right,
equipment. power, or privilege hereunder shall not operate as a waiver thereof.
b. EXCEPT FOR THE FOREGOING, DWS MAKES NO OTHER 12. PRIOR NEGOTIATIONS. This contract constitutes the entire agreement
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED of the parties hereto and shall supersede all prior offers, negotiations, and
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR agreements.
PURPOSE. 13. AMENDMENT. No revision of this agreement shall be valid unless
4. TIME AND PLACE OF MAINTENANCE WORK. Maintenance work on made in writing and signed by a General Manager or corporate officer of
the base station and other fixed equipment shall be performed at the location DWS and an authorized agent of the Licensee.
of the equipment, and the Licensee shall furnish heat, light, and power at the 14. CONTROLLING LAW. The parties agree that the terms of this
locations. Mobile units and removable equipment shall be delivered by the Agreement shall be interpreted in accordance with the laws of the state of
Licensee to the place of service indicated on the previous page of this Oregon. Licensee agrees that venue of any action to enforce this Agreement
agreement. shall be in Multnomah County, Oregon.
5. EXCLUSIONS. 15. WAIVER OF BREACH. The waiver by DWS of any term under this
a. This agreement does not include maintenance of any transmission Agreement is not a waiver of any other term or the waiver of the same term
line, antennas, tower, or tower lighting, unless such work is described on the at any other time.
previous page of this agreement, such maintenance may be furnished upon 16. NOTICES. Any notice required or permitted to be given under any of the
request at mileage, materials, and labor rates prevailing at the time of each provisions of this Agreement or governing law shall be given in writing and
call. either hand delivered or sent by certified first class mail, postage prepaid, to
b. Maintenance does not include the repair or replacement of the Licensee's address on the face of this Agreement and to DWS at 4700
equipment which has otherwise become defective, including, but not limited SE International Way, Milwaukee, OR 97222.
to, damage caused by accidents, physical abuse or misuse of the equipment, 17. ATTORNEYS' FEES. In the event DWS retains an attorney to compel
acts of God, fires, and does not include extensive maintenance or compliance with the terms of this Agreement, DWS shall be entitled to
replacement of equipment due to interference, intermodulation, or other recovery attorneys' fees, collection costs incurred, and any other associated
degrading signals causing poor service that the equipment is not designed to fees and charges.
reject. 18. SEVERABILITY. If any portion of this Agreement is declared invalid, the
6. PAYMENT. remainder of this Agreement shall continue to be binding upon the parties.
a. DWS shall invoice Licensee on a monthly, quarterly, semi annual 19. ENTIRE AGREEMENT. This Agreement constitutes the entire
or annual basis for all amounts due under this agreement. Licensee agrees Agreement between Licensee and DWS. This Agreement may be amended
that payment shall be made in ten (10) days after the date of the invoice. only by written instrument executed by both parties.
b. Each invoice shall be due and payable whether or not the 20.. LIMITATION OF LIABILITY. In no event shall DWS be responsible to
equipment is operating, and DWS may terminate this agreement by giving the Licensee for any indirect, special or consequential damages or lost profits
Licensee ten (10) days notice by certified mail if the Licensee defaults in its arising out of or related to this Agreement or the performance or breach
payment to DWS. thereof. DWS's liability to the Licensee, if any, shall in no event exceed the
7. FCC RECORDS. Application and statements of fact when required by total amount paid hereunder to DWS by the Licensee.
the Federal Communications Commission must be subscribed and sworn to
by the Licensee, and the Licensee is responsible for meeting FCC /I(~~0y-p✓ I O4 rr
requirements. However, DWS will provide the Licensee with forms, advice, Y l
and technical assistance, including frequency, modulation and power ~
measurements, to aid in meeting those requirements. q
/ A f fov ,..I
8. INTERRUPTION OF SERVICE. The Licensee shall notify DWS in the _ J )
event of the failure or malfunction the unit. If DWS fails to repair the unit DAY&
within a reasonable time, the Licensee shall notify the Headquarters Office in
writing. After said notice from the Licensee to the Headquarters Office, DWS
shall be liable for any interruption or interference affecting the use of or
transmission through the equipment maintained to the extent of a pro rate WIRELESS SYSTEMS
g-jrN-13
USTOMER INITIAL DATE
~ DAY WIRZLESS SYSTEMS (03} INVOICE: 552705 PO: DAYALS Med`ord, aOR097504 - INVOOICE DATE: 08535
TERMS! NET 30
WIRELESS SYSTEMS Tel: 541-772-5602 Fax: 541-772-5407 DUE DATE: 8/18/13
=iil TO: $038 `
Ashland, City of ~ EC EI `
ATCN: Accounts Payable
20 E Main St / ! /y
Ashland, OR 97520-1850 - ACCOUNTS Pi-vfA :
Descrption Amount
Billing for July August September 2013 5477.31
Company..Maintenance=CUrrent-_'"'--. - TOTAL: 5477.31
$25 NSF Charge-20} Restocking Fee-1.5t Late Fee
PAPERLESS BILLING is Available! Email our
Customer 4 to paoerlessbillina®daywireless.com
PLEASE REMIT TO:
Day Wireless Systems {03}
PO Box 22169 L1 Approut v ,j for Payment
f~( r~ler'Zt
Nilwzilcie, OR 97269 L.t N('~~J1 y i
Signature
Account Q
°LEA,SE RE TURN PA`!'A cL
PLV~ ,~e
Page 1 / 1
Ir~ CITY OF
11 ASHLAND DATE PO NUMBER
20 E MAIN ST. 8/21/2013 11817
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000579 SHIP TO: Ashland Fire Department
DAY WIRELESS SYSTEMS (541) 48272770
P O BOX 22169 455 SISKIYOU BLVD
MEDFORD OFFICE ASHLAND, OR 97520
MILWAUKIE, OR 97269
FOB Point: Req. No.:
Terms: Net 30 days Dept.:
Req. Del. Date: Contact: Greq Case
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Radio Maintenance Aqreement Renewal 23,876.00
FY 2014
Date maintenance beqins: JuIV 1, 2013
Date maintenance ends: June 30, 2014
}
SUBTOTAL 23 876.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 23,876.00
ASHLAND, OR 97520
7, Account Number- -Project Number- -Amount-- -AccountNumber- -Project -Numbe Amount -
E 110.06.09.00.60416 13 948.40
E 110.07.12.00.60350 4,963.80
E 110.07.13.00.60350(. 4196- 3.80
r
Authorized Signature VENDOR COPY
gl'' Y7 ~~v_l(e! C~/~!Yl74`t~k'~~S'~,yIJJJ
FORM #3 " ~'~~~~~c C I T Y OF
ASHLAND
A request for a Purchase Order
REQUISITION Date of request:
Required date for delivery: LEE I
Vendor Name Day Wireless Systerns
Address, City, State, zip 3669 Aviation Way Medford OR. 97504
Contact Name & Telephone Number Calvin Emlgh 541 772-5602
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Wdtten findings and Authorization
❑ AMC 2.50 Dale approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement - Cooperative Procurement
Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement Q Sole Source Contract #
GOODS & SERVICES [Applicable Form 65,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100.000 R Wdtten quote or proposal attached Agency
#
❑ (3) Written quotes attached ❑ Form #4, Persona Services 5K to $75K Contract
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval El Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Dale original contract approved by Council:
(Date)
❑ (3) Written proposals attached Date approved by Council:
❑ Form A, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Radio Maintenance agreement renewal $ 23,876.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $ R' . - ilfift l3
INC
Project Number Account Number It 0-a7 90- OPJS4~V
Account Number/ LO-o7-L7--DO-603509 Account Number Z10-L-Ao4.00-/0'1/60-gq?;~v
5!• 963. so
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes/ No
By signing this )requi form,-d certify that the City's public contracting requirements have fj en tied.
Employee Signature: Y ~ /V Department Head Signature: f
qual to or greater than $5,000)
Additional signatures (if applicable):
1
Funds appropriated forcurrent fiscal year: YES NO k~Lktb AIL
Financ Director-(Equal to or greater lhanS5,000) Date
Comments:
Form #3 - Requisition
CITY OF
FORM #4 ASHLAND
DETERMINATIONS TO PROCURE
PERSONAL SERVICES
$5,000 to $75,000
To: Dave Kanner, Public Contracting Officer
From: John Karns, Fire Chief
Date: 08/05/2013
Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES
In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less
than $75,000, the Department Head shall make findings that City personnel are not available to
perform the services, and that the City does not have the personnel or resources to perform the
services required under the proposed contract. However, the City Attorney, the Public Contracting
Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that
the purposes of this chapter are upheld.
Background
This is the annual renewal of the Radio service contract with Day Wireless Systems for the maintenance
of all fire, EMS and Police radios.
Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of
City personnel to perform the services, and that the City does not have the personnel and resources
to perform the services required under the proposed contract?
The City does not have the knowledge, resources or equipment to do this work.
Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 8/5/2013
FORM #5 CITY OF
ASHLAND
SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS
ODS AND SERVICES
Less than $100,000
To: Dave Kanner, Public Contracting Officer
From: John Kams, Fire Chief
Date: 08/05/2013
Re: Sole Source Determination and Written Findings for Goods and Services
In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there
is only one provider of a product or service of the quality and type required available.
Estimated total value of contract: $23,876.00
Project name: Radio service contract with Day Wireless Systems
Description of goods and services: This is the annual renewal of the Radio service contract
with Day Wireless Systems for the maintenance of all fire, EMS and Police radios.
Background:
This is the annual renewal of the Radio service contract with Day Wireless Systems for the
maintenance of all fire, EMS and Police radios.
Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 8/12/2013
Findingi:
Me findings below must include factual information supporting the determinationl.
Market Research Overall finding: Day Wireless is the sole provider for Motorola products
service in this area and this is the annual renewal of the Radio service contract with Day Wireless
Systems for the maintenance of all fire, EMS and Police radios.
(In accordance with ORS 279B.075 these are the examples of findings that should be addressed.
Select at least one of the rndinks and prepare the determination as it specifically relates to the
goods or services being procured. More than one finding can be addressed. The findings are as
011o111s.
Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the
efficient utilization of existing goods requires the acquisition of compatible goods or
services from only one source. Day Wireless is the sole provider for Motorola products service
in this area and this is the annual renewal of the Radio service contract with Day Wireless
Systems for the maintenance of all fire, EMS and Police radios. ,
Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that
the goods or services required for the exchange of software or data with other public or
private agencies are available from only one source. N/A
Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the
goods or services are for use in a pilot or an experimental project. N/A
Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the
goods or services are available from only one source. Day Wireless is the sole provider for
Motorola products service in this area and this is the annual renewal of the Radio service contract
with Day Wireless Systems for the maintenance of all fire, EMS and Police radios.
Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 811212013