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Home My WebLink About2009-190 Agrmt - Day Wireless Systems , ~t.~ DAY~ MAINTENANCE AGREEMENT www.daywireless.com WIRCLCSS SYSTCMS FCC LICENSEE The City of Ashland John Karns - Fire Chief COMPANY NAME The Citv of Ashland ADDRESS 20 East Main St. CITY I STATE I ZIP Ashland Oreoon 97520 o NEW IZI SUPERSEDE o ADDIUPDATE Company Number IZI 03 0 13 018 004 0 15 020 011 0 16 0_ CUSTOMER NO. SHOP NO. 5038 0331 AGREEMENT DATE CONTRACT NO. 07/29/09 1735 DATE MAINTENANCE BEGINS TAX 07/01/09 NA DATE MAINTENANCE ENDS STATE 06/30/10 Oreqon NEGOTIATED BY COUNTY CODE Heath Lerew o DELETE o CANCEL BILLING PERIOD o MONTHLY IZI QUARTERLY DSEMI ANNUAL o ANNUAL NO. MONTHLY FEES DESCRIPTION TYPE PLACE OF SERVICE UNITS PER UNIT TOTAL 10 Base Stationl Repeater - Infrastructure Repair I Response C 61.80 618.00 2 RTU Moscad - Infrastructure Repair C 40.43 80.86 1 Astro Tac Comparator- Local Repair C 19.75 19.75 2 MTR 2000 - Local Repair C 26.81 5.00 30 Astro Mobile - Local Repair C 8.00 240.00 46 XTS 3000 - Local Repair 6.20 285.20 46 XTS 5000 - Local Repair 6.20 285.20 4 EX 500 - Local Repair 6.20 24.80 6 EX 600 - Local Repair 6.20 37.20 2 Microwave link - Infrastructure Repair C 91.00 182.00 Total monthly cost 1825.77 THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE CLIENT DAY WIRELESS SYSTEMS FCC LICENSEE TheCit WITNESS ED SIGNATURE AUTHORIZED SIGNATURE NOTE:.Make sure the second page is initialed by the customer. DAY WIRELESS SYSTEMS MAINTENANCE AGREEMENT TERMS & CONDITIONS 1. DEFINITIONS. UDW$" shall mean Day Wireless Systems. ~Licensee" shall mean and apply to the FCC licensee, or the User, or the Purchaser of the equipment to be maintained by the terms of this agreement. 2. PERFORMANCE OF MAINTENANCE, DWS agrees to provide maintenance (as defined below) for the Licensee of the equipment described on the previous page of this agreement beginning and ending on the dates indicated in consideration of Licensee's payment of the monthly maintenance charges. Maintenance shall include the labor and parts required to repair equipment, which has become defective through nannal wear and usage. 3. MAINTENANCE STANDARDS, 8. The equipment will be maintained by DWS in accordance with these standards: (I) Motorola parts of equal quality will be used; (II) oil, water, dust and foreign substances will be removed from the equipment; (III) the equipment will not be subject to mechanical abuse; (IV) the equipment will be maintained at the levels necessary to provide the required communication; (V) routine maintenance procedures will be followed: and (VI) all maintenance work will be done by qualified technicians. The equipment will be inspected and adjusted periodically and as often as required. Maintenance selVice does not insure uninterrupted operation of the equipment. b. EXCEPT FOR THE FOREGOING, DWS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. TIME AND PLACE OF MAINTENANCE WORK. Maintenance work on the base station and other fixed equipment shall be performed at the location of the equipment, and the Licensee shall furnish heat, light, and power at the locations. Mobile units and removable equipment shall be delivered by the Licensee to the place of service indicated on the previous page of this agreement. 5. EXCLUSIONS. a. This agreement does not include maintenance of any transmission line, antennas, tower, or tower lighting, unless such work is described on the previous page of this agreement, such maintenance may be furnished upon request at mileage, materials, and labor rates prevailing at the time of each call. b. Maintenance does not include the repair or replacement of equipment which has otherwise become defective, including, but not limited to, damage caused by accidents, physical abuse or misuse of the equipment, acts of God, fires, and does not include extensive maintenance or replacement of equipment due to interference, intermodulation, or other degrading signals causing poor service that the equipment is not designed to reject. 6. PAYMENT. a. DWS shall invoice Licensee on a monthly, quarterly, semi annual or annual basis for all amounts due under this agreement. Licensee agrees that payment shall be made in ten (10) days after the date of the invoice. b. Each invoice shall be due and payable whether or not the equipment is operating, and DWS may terminate this agreement by giving Licensee ten (10) days notice by certified mail if the Licensee defaults in its payment 10 DWS. 7. FCC RECORDS. Application and statements of fact when required by 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 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 CUSTOMER INITIAL 41 allowance based on the monthly maintenance fee for the time such interruption or interference is attributable to the fault of DWS. 9. FORCE MAJEURE. DWS shall not be responsible for any damages, delay in performance or failure to perform under this Agreement if such damage, delay in performance, or failure to perform is caused by any acts or omissions of Licensee, fire, strike, or other labor disputes, embargo, government regulations or requirements (legislative, judicial, military or otherwise), power failure, electrical power surges or current fluctuations, lightning strike, flood war, water, the elements, or other forces of nature, delays or failures of transportation, equipment shortages, suppliers' failures or other causes beyond its reasonable control, whether or not similar to the foregoing. 10. AUTOMATIC RENEWAL. After the "Date Maintenance Ends" indicated on the previous page of this agreement, this agreement shall continue for successive additional periods of 1 month, provided that either DWS or the Licensee may terminate this agreement on the ~Date Maintenance Ends" or thereafter upon 30 days written notice to the other party sent by certified mail to the address indicated herein. 11. WAIVER. Failure or delay on the part of DWS to exercise any right, power, or privilege hereunder shall not operate as a waiver thereof. 12. PRIOR NEGOTIATIONS. This contract constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations, and agreements. 13. AMENDMENT. No revision of this agreement shall be valid unless made in writing and signed by a General Manager or corporate officer of DWS and an authorized agent of the Licensee. 14. CONTROLLING LAW. The parties agree that the terms of this Agreement shall be interpreted in accordance with the laws of the state of Oregon. Licensee agrees that venue of any action to enforce this Agreement shall be in Multnomah County, Oregon. 15. WAIVER OF BREACH. The waiver by DWS of any term under this Agreement is not a waiver of any other term or the waiver of the same term at any other time. 16. NOTICES. Any notice required or permitted to be given under any of the provisions of this Agreement or governing law shall be given in writing and either hand delivered or sent by certified first class mail, postage prepaid, to the Licensee's address on the face of this Agreement and to DWS at 4700 SE International Way, Milwaukie, OR 97222. 17. ATTORNEYS' FEES. In the event DWS retains an attorney to compel compliance with the terms of this Agreement, DWS shall be entitled to recovery attorneys' fees, collection costs incurred, and any other associated fees and charges. 18. SEVERABILITY. If any portion of this Agreement is declared invalid, the remainder of this Agreement shall continue to be binding upon the parties. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between Licensee and DWS. This Agreement may be amended only by written instrument executed by both parties. 20. LIMITATION OF LIABILITY. In no event shall DWS be responsible to the Licensee for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. DWS's liability to the Licensee, if any, shall in no event exceed the total amount paid hereunder to DWS by the Licensee. Day Wireless Systems is an Equal Opportunity Employer. ,I." DAyA WIRELESS SYSTeMS g-i '(- o) DATE / Day Wireless Systems Statement Of Work Prepared for: The City of Ashland Effective July 1, 2009 ,1/ DA Y"4. WIRELESS SYSTEMS \ Infrastructure Repair Infrastructure response and repair will be performed 24 hours a day 7 days a week, Repairs will be performed on site or sent to Motorola if depot level repair is necessary. If parts are not readily available, our best efforts will be made to help mitigate the impact of the outage until repairs are made, Programming changes are not included, Items damaged by abuse or acts of God are not included, Antennas, towers and transmission lines are not included. Annual Preventative Maintenance (PM) checks are included, Local repair Local repair includes repair work performed Monday through Friday 8:00am to 5:00pm, If possible repairs will be performed at the DWS location or at Motorola if depot level repair is necessary. Mobile radios will be repaired in the field if possible. Programming changes are not included, Items damaged by abuse or acts of God are not included. Portable coverage includes the portable radio and antenna. Speaker microphones and earpieces are not covered, Replacement offaulty Motorola batteries that are within two (2) years of the date of manufacturer are covered. Mobile coverage includes the mobile radio, speakers, microphones, and antennas. Repair of headsets and headset systems are not included, Disguised antennas are not covered. Annual Preventative Maintenance checks are not included. 4kI~ Heath Lerew Day Wireless Systems Medford Service Manager ACORDN CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYYI 7/1/2009 PRODUCER (503)241-9221 FAX: (503)542-0621 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Durham and Bates Agencies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 720 SW,Washington ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 250 Portland OR 97205-3554 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: OneBeacon America Ins. Co Day Management Corporation INSURER B: Naviga tors Insurance DBA: Day Wireless Systems INSURER c: 4700 SE International Way INSURER D: Milwaukie OR 97222 INSURER E' COVE E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS. INSR I~~~~ P~,k+~~~~f~g;Wf PgklfJ/~~~~N LIMITS LTR I 0 TYPE OF INSURANCE POLICY NUMBER ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~Jir?ence\ $ 1,000,000 A I CLAIMS MADE ~ OCCUR 7110099180002 7/1/2009 10/1/2009 MED EXP I~n" one "erson\ $ 10,000 , 1,000,000 X $lMM Umbrella PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 ~.~ AGGREnE FLlMIT A~ES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY ~r8T X LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ~ ANY AUTO (Eaaccident) A - ALL OWNED AUTOS 7110099180002 7/1/2009 10/1/2009 BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY (Per accident) $ - NON-DWNED AUTOS PROPERTY DAMAGE $ (Peraccidenl) ~~GE LIABILITY AUTO ONLY -EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ B ~~SSfUMBRELLA LIABILITY .- SF09EXC161165NV 7/1/2009 10/1/2010 EA''"H 0"'" 'RREN....E $ 8,000,000 X OCCUR 0 CLAIMS MADE AGGREGATE $ 8,000,000 $ :=l:~UCTIBLE $ _ RETENTION $ , $ A WORKERS COMPENSATION AND 7110099180002 7/1/2009 10/1/2009 I T~-7IfJNs I X OJ~- EMPLOYERS' LIABILITY 500,000 ANY PROPRIETORJPARTNERJEXECUTIVE WASHINGTON STOP GAP E.L. EACH ACCIDENT $ OFFICERJMEMBER EXCLUDED? EMPLOYERS LIABILITY EL DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under 500,000 SPECIAL PROVISIONS below E,L. DISEASE - POLICY LIMIT $ A OTHER GARAGEKEEPERS 7110099180002 7/1/2009 10/1/2009 COMPREHENSIVE & COLLISION LIMIT $250,000 DEDUCTIBLE $ 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of insurance provided subject to the terms, conditions, limitations and exclusions of the policy. * Except 10 days notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ASHLAND FIRE DEPT EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ATTN: CHIEF WOODLEY 30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT 455 SISKIYOU BLVD, FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ASHLAND, OR 97520 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ..--:> Joanna Brown/MJK <: \ --" ACORD 25 (2001108) INS02510108\.08a @ ACORD CORPORATION 1988 Page 1 012 ~../rf' , . ,..' /....' , ;.Ji9A ..,," .:t" . I~<:'" ,,<. /. /"" P.02 " MOTOROLA March 28, 200S Ra: Motorola Authorized Dealer To Whom It May Concern, Please be advised that the followitigcontracts are currently being held. between Day Management Corp dba Day Wireless Systems located at 4700 SE International Way, Milwaukie, OR 97222 and Motorola, Inc. They have been an authorized Dealer since April 1991 and have branch locations in the Stat.es of California, Oregon, and Washington. '. Radius . Two-Way . HT Professional . Agent . Manufacturer Representative . MSS The AgenUMR contract allows Day Wireless to enter a partnership with Motorola when selling Motorola products to end-users, Day Wireless is the exclusive authorized Agent for Motorola in the Rogue Valley area. . Shdluld you have any questions please feel free to contad me at: 916-783-9632 or you may contact our Contracts Dept at 847-725-4585. Sinperely, ~~ Mike Cooper Area Distribution Manager Motorola Inc, . ~lfY RECORDER Page 1/1 ~.. ._~ CITY Of ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 :1'.:.': :~_~:JDA1E{~'~i:'~:;.i.le 7/31/2009 IT.o:G1?.0INuMBER5\if]] 09121 VENOOR: 000579 DAY WIRELESS SYSTEMS POBOX 22169 MEDFORD OFFICE MILWAUKIE, OR 97269 SHIP TO: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Speciallnst: Req. No.: Oept.: Contact: Scott Hollingsworth Confirming? Yes Annual Radio Maintenance Agreement, Per attached agreement dated 07/29/2009, Total monthly cost $1,825.77, Beglnnin9 date: 07/01/2009, Ending date: 06/30/2010 ~~mnft:Rrlce~';lrre~; ~~E~~i~irflce~~!i 21,909.24 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 21 909.24 0.00 0.00 21,909.24 ~Th;g~'fNumb~~ _,WOjec~NUiiib-.rri~-li! tt~mouiii~ ~\ffiCCoUiit:Numiiei'[~'lll~ If&litP.rojeCt1N~ ~mounil!fill!l 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 ..d~ ~ Authoe.9~~e VENDOR COPY FORM #10 , CITY OF ASHLAND CONTRACT APPROVAL REQUEST FORM ~~r attached contract PUBLIC CONTRACTING RE o Exemot from Comoetitive Biddino Reason for exemption: t:u.t--rLLf CL-~ 6! q ( ~I Total Amount Contractor/Consultant: o Small Procurement & Personal Services Less than $5.000 Note: Total contract amount, including any amendmenls may not exceed $6,000 Intermediate Procurement GOODS & SERVICES $5.000 to $75.000 o 3 Written Quotes PERSONAL SERVICES $5,000 to $50.000 o (3) Written Proposals UIREMENTS - Solicitation Process o Invitation to Bid (Copies on file) 0 Emeroencv o Written findings attached o Quote or Proposal attached Coooerative Procurement o State of Oregon Contract # . o State of Washington Contract # o Other government agency contract Agency Contract # o Interagency Contract Agency Contract # (Copies on file) Deel rocurement o Written findings attached o Quote or Proposal attached Have all public contracting requirements been satisfied? YES ~/ NO If "NO". City Council approval is required. City Council approval was received on YES / (Date) Have funds been budgeted for the purpose of this contract? NO If "NO", Cily Council approval is required. City Council approval was received on (Date) Please provide: Account Number _ _ _ ~= "':' _ ~ _ ~-:?_ ~- ~y ~'C.L.A__tb-d~ Is the amount of the contract less than $25,000? YES ~ NO If "NO". Legal review is required, Contract was "Approved as to form" by the Legal Department on (Dale) Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES ~. NO If "NO". City Council approval is required. City Council approval was received on (Date) Is the contract for a period of 24.months or less? YES ~. NO If "NO", City Council approval Is required. City Council approval was received on Please provide terms: Start date: '7/1' (" tfl-"} Completion date: C;;; /'-3-p (I' 0 r Can the contract be terminated for convenience thirty (30) or fewer days following delivery of written notice to the contractor? (Dale) YES NO ,/ If "NO", City Council approval is req~ City Council approval was received on /") ~.--?'_ Pleaseclrcle~ Prepared by: U - '---~ ~.!9Yed Not Approved Department: ve t1..k0 .{ , -~ d2. ~ . Lee Tuneberg Date: tf/ '7 - q,.-t- t:J.-] Date: 7 /.3~? Form #10-Contract Approval Request Form. Page 1 of 1, 7!3;~ ' (Date) A request for a Purchase Order REQUISITION FORM CITY Of ASHLAND Date of Request: 07-29-09 THIS REQUEST IS A: o Change Order(existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name n::!y \^/irjQlp~~ ~y~tpm~ PO Rnx ??1Rq Medford Office Milwaukie OR 97269 Heath Lerew Medford Service Manaaer SOLICITATION PROCESS Small Procurement o Less than $5,000 o Quotes (Optional) Sole Source B"Written findings attached [j}'Quote or Pro osal attached CooDerative Procurement o State of ORJWA contract o Other government agency contract o Copy of contract attached o Contract # o Invitation to Bid (Copies on file) Intermediate Procurement o (3) Written Quotes (Copies attached) o Reouest for Prooosal (Copies on file) o Soeciall Exemot o Written findings attached o Quote or Pro sal attached o Emeroencv o Written findings attached o Quote or Pro sal attached Description of SERVICES Total Cost Police 11,981.64 from 110.06.09,00,604160 Fire 4,963,80 from 110.07.12.00.603500 EMS 4,963.80 from 110.07.13.00.603500 Annual Radio Service for the City of Ashland " .... - . '. .:-. v:~f~'''''''''~';'-~':A1'i': ..". .',,,"',, ": ~r2.1~.909t2!+~ .....:,..: ,. ..,' ;~:.~~.::--:^,;: ~;' c,:~~j"r:rj:. .,~ '~i~:" fYi)'~~~.:.:"~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost U Per attached i.'TOTALcOST," J- -',--~. ,-_........ ., , . " ~~ ,'- " . , .. ~>:.';.. .: " "'..'. ", }- ~,~.. ; ~<':;::';;',~:'~<;. ~:".-: ('$2,1l909lc24s: " ....=..<_,,'-~._.~...~.... Items and services must be charged to the appropriate account numbers for the tinancials to reflect the actual expenditures accurately. By signing this requisition fonn, I certify that the infonnation provided above meets the City of Ashland public contracting requirements, and the documentation can be pro 'ded upon ~ , M Emp'oy" 51,,,,,,,, S''"';~''''opt. H.., """'.'VA ~~ G: Finance\Procedure\AP\Forms\8_Requisition form revised Updated on: 7/29f2009