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Home My WebLink About2012-225 Agrmt - Day Wireless Systems MAINTENANCE AGREEMENT VAjr www.daywireless.com WIRELESS SYSTEMS Company Number ® 03 El 13 [-1 18 FCC LICENSEE ❑ 04 ❑ 15 ❑ 20 ❑ ll El 16 ❑ CUSTOMER NO. SHOP NO. 5038 0331 AGREEMENT DATE CONTRACT NO. 08/10/12 1735-00 COMPANY NAME DATE MAINTENANCE BEGINS TAX ASHLAND, CITY OF 7/1/2012 NA ADDRESS DATE MAINTENANCE ENDS STATE 20 E MAIN ST 06/30/2013 OR 1CITY STATE ZIP NEGOTIATED BY COUNTY CODE ASHLAND I OR 97520 CE 1 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 91.00 182.00 7 MOSCAD 234 40.00 80.00 1 MSR2000 BASE 266 0 0 46 XTS5000 268 6.20 285.20 46 XTS3000 269 6.20 285.20 2 MTR2000 2083 28.81 53.36 1 ASTROTAC COMPARATOR 289 19.75 19.75 30 ASTRID MOBILE 299 8 240.00 4 EX500 300 6.20 24.80 6 EX600 301 6.20 37.20 10 1 QUANTAR STATION 302 61.80 618.00 2012-2013 MAINTANENCE AGREEMENT TOTAL 21,906 THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE CLIENT DAY WIRELESS SYSTEMS FCC LICENSEE DATE 08/16/2012 WITNESS WITNESS CALVINAPAIGH A kOTHORIZED SIGNATURE AUTHOR ED 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:(1)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 mall 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 Gass 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, N 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. 8. INTERRUPTION OF SERVICE.The Licensee shall notify DWS in the 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 DAT u writing.Aker 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 CUSTOMER INITIAL DATE ve as to form Date 8/16/12 Time 14:55:15 3 Day wireless Systems [03} Page 1• • • User EMIGHC CONTRACT LISTING -- EQUIPMENT SUMMARY CNRPCN SELECTION CRITERIA: Customer - 5038 Contract Number - 1735-00 Contract Type - CM Status - A Sort Customer Shop Contract Start Date Status Bill Amount Frequency Annual Amount Type Expiration Date Last Inv Date Alternate Number 5038 Ashland, City of 0331 1735-00 7/01/08 A 5,477.31 Q 21,909.24 CM Comp MA Current 6/30/14 7/20/12 20 E Main St Ashland OR 97520 EQUIPMENT TYPE PIECES-AMOUNT/UNIT SERVICE HOURS PIECES DEFINED 168 Other 1 .00 1 203 Microwave-Standard 2 91.00 1 234 Moscad 2 40,00 1 266 MSR2000 BASE STATION 1 .00 1 268 XTS5000 46 6.20 42 269 XTS3000 46 6.20 43 283 MTR2000 2 26.81 2 289 Astrotac Comparator 1 19.75 299 ASTRO MOBILE 30 8.00 29 300 EX500 4 6.20 4 301 EX600 6 6.20 6 302 QUANTAR STATION 10 61.80 10 Total Annual Amount: 21,909.24 it I i RECO IDER Pagel / 1 �. CITY OF ASHLAND DATE PO NUMBER. 20 E MAIN ST. 9/17/2012 1 11178 ASHLAND, OR 97520 (541)488-5300 VENDOR: 000579 SHIP TO: Ashland Fire Department DAY WIRELESS SYSTEMS (541)482-2770 P O BOX 22169 455 SISKIYOU BLVD MEDFORD OFFICE ASHLAND, OR 97520 MILWAUKIE, OR 97269 _FOB Point: Req.No.: -:; Terms: Net 30 days Dept: 7 Req.Del.Date: Contact: Greq Case Special Inst: Confirming? No - Quantitv Unit Description - Unit Price Ext.Price Radio Maintenance FY 2013 21,909.24 Per attached Maintenance Agreement Beqinninq date: 07/0112012 Endinq date: 06/30/2013 SUBTOTAL 21 909.24 BILL To:Account Payable TAX 0.00; 20 EAST MAIN ST FREIGHT 0.00' 541-552-2010 TOTAL 21,909.24 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount. = E 110.06.09.00.60416 11 981.64 E 110.07.12.00.60350 4,963.80 E 110.07.13.00.60350 4,963.80 dw n Authonzegature; VENDOR COPY FORM #3• CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: Required date for delivery: EE1 Vendor Name Day Wireless Syst ma Address,City,State,zip 3669 Aviation Way Medford OR. 97504 Contact Name&Telephone Number Calvin Ennigh 541 772-5602 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on f le) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date 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 ole Source Contract# GOODS&SERVICES Applicable Form #T 7o,r� ❑ Other government agency contract $5,000 to$100.000 �Wrilten��a�attached Agency ❑ (3)Written quotes attached ❑ Form#4, Personal Services$51K to$75K Contract# PERSONAL SERVICES ❑ Special Procurement. Intergovernmental Agreement $5,000 to$75.000 ❑ Form#9,Request for Approval ❑ Agency ❑ Less than$35,000,b direct appointment Dale original contract approved by Council: Y PPo ❑ Written quote or proposal attached E3 (3)Written proposals attached Date approved by Council: (Date) ❑ Form#4, Personal Services$5K to$75K Valid until: Date Description of SERVICES Total Cost Radio Maintenance agreement renewal $21,909.24 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number______-___ Account NumberVk-oE- cg-CD- 6eyi 0 Account Number 0- 1—LZ-L CS, Account Number110-01-TI- -04C'35_ib- /r/LS� 'ExpenditOre 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 Signature: Department Head Signature: (Equal to or grea ter than$5,000) Additional signatures(if applicable): Funds appropriated for current fiscal year: YES / NO A 4-11 C C, vl 7 Finan 'Director-(Equal(oorgreaterthan$5,000) Date Comments: e Form#3-Requisition FORM #5 CITY of ASHLAND SOLE SOURCE°•D ETERM..INA-TION AND WRITTENFINDINGS; GOODS AND SERVICES Less`than$100;000 To: Dave Kanner, Public Contracting Officer , From: John Karns, Fire Chief �P Date: 08/16/2012 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: $21,909.24 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. I Form#5-Sole Source-Goods and Services-Less than$100,000,Page 1 of 2,9/14/2012 Findings: lThe 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 o�f:ndings that should be addressed. Select at least one of the findings 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 ollows. Pursuant to ORS 27913.075 (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 27913.075 (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 279B.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 2,9/14/2012