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HomeMy WebLinkAbout2022-057 PO 20230025- Day Wireless Systems Purchase Order P1,4CrN RECORDER ,as Fiscal Year 2023 Page: 1 tof: 1 11 gMA B City of AshlanLW d } ATTN: Accounts Payable L Purchas20 E. Main e L Ashland, OR 97520 Order# 20230025 T Phone: 541/552-2010 • 0 Email: payable@ashland.or.us V H C/O Police Department E DAY WIRELESS SYSTEMS l 1155.East Main Street N PO BOX 22169 p Ashland, OR 97520 O MILWAUKIE, OR 97269 Phone: 541/482-2211 R O Fax: 541/488-5351 (541) 772-5602 Lynn e . = �a :3 Merrifield a Yo?.� 3060S /2C022 FOB ASHLAND OR Ci Accounts Payable €; c� _ -- - =— R = Nti?: ed � .. --_�—_moi--u- Radio Maintenance Police 1 Mobile Radio Maintenance Agreement 1.0 $9,329.00 $9,329.00 Police Department Term: July 1, 2022 to June 30, 2023 Project Account: ***************GL SUMMARY*************** • 060900-604160 $9,329.00 • • • • 14,4 f i By: Date: Auth rizenat d SigureP. 3E Axa =x 9 329.00 C—e---&—a7 4 -- F0/61'#3 � � ) CI ? Y OF f y �/ ASHLAND A request for a Purchase Order AD , 6)--°REQUISITION ( Date of request: 05/19/2022 Required date for delivery: Vendor Name DAY WIRELESS SYSTEMS Address,City,State,Zip PO BOX 22169,MILWAUKIE OR 97269 Contact Name&Telephone Number CALVIN EMIGH(541)772-5602 Email address CEMIGH@DAYWIRELESS.COM SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council:_ ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached . ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source • Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 , ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment IN Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K III Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: 08/20/2019 Valid until:06/30/2024 Date Description of SERVICES . Radio Maintenance Cot t July 1,2022 to June 30,2023 TOTAL COST $ .9,329.0,0 Item# Quantity Unit Description of MATERIALS . Unit Price Total Cost • 1 ' 1 Year Radio Maintenance July 1,2022 to June 30,2023 p $9,329.00 • ❑ Per attached quotelproposal " ' TOTAL COST Project Number Account Number 0 6 0 9 0 0. 6 0 4. 1 6 0 9,,32900 Account Number - Account Number *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 requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: Department Head. )A6440/1 (Equa o ofd V greater than$5,000) Department Manager/Supervisor: City Manager Funds appropriated for current fiscal year: NO (oreater thang5,P7 a _ ance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition J `e MAINTENANCE AGREEMENT f M A D , ,..„ snvwre www.daywireless.corn WIRELESS SYSTEMS Company Number ® 03 ❑ 13 ❑ 18 FCC LICENSEE ❑ 04 ❑. 15 ❑ 20 01 El 16 ❑ CUSTOMER NO. SHOP NO. 5038 0331 AGREEMENT DATE CONTRACT NO. 05/17/2022 1735-00 COMPANY NAME DATE MAINTENANCE BEGINS TAX ASHLAND, CITY OF 07/01/2022 NA ADDRESS DATE MAINTENANCE ENDS STATE 20 E MAIN ST 06/30/2023 OR CITY STATE ZIP NEGOTIATED BY COUNTY CODE ASHLAND OR 97520 CE 80 ❑ NEW ® SUPERSEDE ® ADD/UPDATE ❑ DELETE ❑ CANCEL BILLING PERIOD ❑ MONTHLY ® QUARTERLY ❑SEMI ANNUAL El ANNUAL NO. DESCRIPTION TYPE PLACE OF SERVICE MONTHLY FEES UNITS PER UNIT TOTAL 1 OTHER 168 ASHLAND 0 0 76 P.D. PORTABLE RADIOS 268 7.95 604.20 21 P.D. MOBILE RADIOS 269 8.25 173.28 2022/2023 MAINTANENCE AGREEMENT TOTAL COST $9,329 AGREEMENT COVERS REPAIR LABOR AND ANNUAL FOR ONE YEAR PM FOR CITY OF ASHLAND POLICE MOBILE & CONTRACT PORTABLE RADIOS ONLY -REPAIR PARTS OR"FLAT 2022/2023 RATE REPAIR" EXCLUDED FROM AGREEMENT. THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE CLIENT DAY WIRELESS SYSTEMS FCC LICENSEE DATE 05/17/2022 WITNESSWITNESS 7f. CALVIN EMIGH ( ' MiiIIIIPP 1/� ot/6\ 0-r , MU I SIGNATURE AUTHORIZED :IGNATURE 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;(II)oil,water, foregoing. dust and foreign substances will be removed from the equipment; (III) 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. i 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 thisrAgreement 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,Milwaukie,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 requirements. However, DWS will provide the Licensee with forms, advice, and technical assistance, including frequency, modulation and power measurements,to aid in meeting those requirements. O,. 8. INTERRUPTION OF SERVICE. The Licensee shall notify DWS in the i event of the failure or malfunction of the unit. If DWS fails to repair the unit within a reasonable time,the Licensee shall notify the Headquarters Office in • writing.After said notice from the Licensee to the Headquarters Office, DWS DA Yit,6*'''':ii'PA 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 W t R E"L E S S SYSTEMS • ) /64P „5/2 3/22 f MER INITIAL DATE Iii ' Alert:Get updates, cancelations,and resources related to the Coronavirus(cOVID-19)here. Pil i. Agendas and Minutes . . ;j;; • .11. . 4 Ili I:li' City of Ashland il'i v ,illi 9 ii ' ; City Council (ViewAll) I' t_.. Council.Business Meeting . il. _ Agenda View Minutes . Tuesday,August 20,2019 • AGENDA FOR THE REGULAR MEETING ;;• ASHLAND.CITY COUNCIL it Tuesday,August 20,2019if Council Chambers :i • 1175 E.Main Street ' . ! !:i Note:Items on the Agenda not considered due to time constraints are automatically continued to:thelnexteegularly scheduled Council meeting]AMC 2.04.030.E.] 7:00 p.m. Regular Meeting . ; I.CALL TO ORDER. II. PLEDGE OF-ALLEGIANCE Ill. ROLL CALL , f IV. MAYOR'S ANNOUNCEMENTS i • V. CITY ADMINISTRATOR REPORT VI.APPROVAL OF MINUTES 1.Study Session of August 5,2019 J 2.Business Meeting of August 6,2019 t VII.SPECIAL PRESENTATIONS&AWARDS I • i f • 1.Annual'Presentation by the Forest Lands Commission . VIII.MINUTES OF BOARDS,COMMISSIONS,AND COMMITTEES ';:' k Airport Conservation Forest Lands I:` Historic Housing and Human Srvs. _ Parks&Recreation ;, Planning Public Arts Transportation Tree Wildfire.Mitigation IX. PUBLIC FORUM Business from the audience not included on the-agenda. I • (Total time allowed for Public Forum is 15 minutes.The Mayor will set time limits to enable;all people'wishing to speak to complete their testimony.)[15 minutes maximum] { X.CONSENT AGENDA I +'1 1.Mayoral.Appointment of James Wickre and Laurence Parker as Ashland:Municip� al Court Judge Pro tempore 2.Annual Liquor License Renewals C iI I • I 3.Approval of a Special Procurement for Repairs to Pumps,Motors,and Related Equipment 4 Purchaseof Sewer Cleaning Vacuum System Mounted on Heavy Duty Truck Chassis �pprova!_ reoiai°Prncurdtn4tll„tforoay4liirsi7: Xl.PUBLIC HEARINGS(Persons wishing to speak are to submit a"speaker request form''prior to the commencement of the public hearing. Public hearings shall conclude at 9:p0 p.m.and be continued to a future;date to be set.by I the Council, unless the Council,by a two-thirds vote of those present,extends the hearing(s)until up to 10:3c p.m.at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) i I XII. UNFINISHED BUSINESS • XIII. NEW AND MISCELLANEOUS BUSINESS • i XIV. ORDINANCES, RESOLUTIONS AND CONTRACTS 1.Ratification of a three-year contract with the Laborers'International Union of North America (L1.UNA) Local No.737 2.Second Reading of Ordinance 3180 relating to the rules of the City Council;AmeradingAMC ,2.04.100 i . W. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XVI.ADJOURNMENT OF BUSINESS MEETING • • In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this;meeting,please contact the City Administrator's office at(541)488-6002(TN phone number 1-800-735-2900). Notification 72 hours priorlto the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title I).: I Online City Services Customer Central Online Payment Center Request Conservation Evaluation 4„,4® • Connect to • Ashland Fiber Network . Proposals;Bids &Notifications Request Building Apply for Other . . Inspection Permits&:Licenses' Building Permit Register for Applications Recreation Programs , • 1.1) son A! - C unclli ' ) t esu il.,rieetong •._ Augusi 20 2019 • 00,1_10. illiOnt '1 Approval of a Special Procurement Day Wireless • Mike Morrison Public Works Superintendent • 11•0011t.ketae.rnorashiand.ormsm. h' I 541-552-2325 S131vIMARY • This Special Procurement(sourcing method)is being used to seek an exemption frorri the competitive bid process, which will allow City departments to directly award contracts to Day Wireless for repairs and maintenance, including technical support and consulting services,for the City'S'emergency radio communications and notification systems;including SCADA, and any related equipment. DayWireless has extensive knowledge and experience building and maintaining the City's emergency c'OnThrinniCation and • notification systems and the integration of these complex and intricate systems. It is in:the City!s best interest to have Day Wireless continue providing these services to maintain the existing quality.of service and mandatory 24/7 coverage. This Special Procurement will expire on June 30,2Q24. POLICIES,PLANS & GOALS SUPPORTED City Council Goals: Goal 1: Develop current and long-tenthi budgetary resilience • — Continue to improve the budget process:transparency,rigor, innovation, comnanni:ty involvement, and collaboration Goal 2: Analyze City departments/programs to gain efficiencies,reduce coats an4fimproVe;services — Implement a cost recovery plan and analysis for each department that coincides with the annual review of fees and•dharges and revenues Goal 3:Enhance and improve transparency 8i communication Maintain Essential Services Department Goals: maintpin existing infrastructure to meet regulatory requirements and minimize lifecycle costs a Maintain and improve infrastructure that enhances the economic-vitalityli of the Community o Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION I, • A Special Procurement was previously approved on August 19,2014 and expired CM..14ne 30,2019. Police and Fire have already received Council approVal for their FY 2020 annul radioimaintenance agreements, so this Special Procurement will be available for their use for the remainder of its term. I - This Special Procurement will generate savings by eliminating the duplication of efforts by departments to satisfy the public contracting requirements. • • Page 1 of2 CgTY IF ASIEffiELAND • • P.ACKGRO1o1D AND ADDITIONAL FORMATION A Special Procurement(sourcing method)is used for the.purpose of seeking an. competitive bid process, custom designing a contracting approach, or thec diresel ctontrorn awafromrd the of publiccontract or for a series of contracts. The Special Procurement Approval Request,:Form with itte findings is attached for your review and consideration. • �vxx n . ; • The City Council, acting as the Local Contract Review Board,may ap royal this re 'e t Procurement if it is.determined,based on written findings,that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially dirriinish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable ix"ORS.2793.055,2793.060, 2793.065, or 2793.070. FISCAL IMPACTS Funds are budgeted each fiscal year by individual departments for equipment repairs and maintenance. • Upgrades will be dependent oh available funding. The Fire Department funds and manages their annual radio maintenance agreements with Day Wireless. The Police Department funds and Manages their snnrival radio maintenance agreements:with Day Wireless. The Fleet Department budgets and charges these services to the"outside services" account each year. The actual cost for installing new radio communications equipment and/or repairing jexisting radio equipment is dependent onneed and the type and number of vehicles being removed from service and/or new vehicles being put in service. STAFF RECOMMENDATION Staff recommends City Council, acting as the Local Contract Review Board,approve this Special Procurement. • ACTIONS, OPTIONS &POTENTIAL MOTIONS • I Move to approve the Special Procurement which will allow public contracts to be directly awarded to Day Wireless for the repair and maintenance of radiocommunication systems,including SCADA :. and related equipment. 2. 1 move that staff solicit bids in accordance with the.procurement requireients set forth in AMC 2.50. ATTACHMENTS L Form #9, Special Procurement,Request for Approval(Written Findings) • • • • • • • • • • Page 2 of 2 I •• CIf 07 • S1 ! LAN •