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HomeMy WebLinkAbout2011-253 Agrmt - Day Wireless Systems MAINTENANCE AGREEMENT DAYwww.daywir4lesi.com WIRELESS SYSTEMS Company Number 03 ❑ 13 ❑ 18 FCC LICENSEE ❑ 04 ❑ 15 ❑ 20 ❑ 11 ❑ 16 ❑ CUSTOMER NO. SHOP NO. 50-36 b33 ) AGREEMENT DATE CONTRACT NO. �1 19 11 1'735-00 COMPANY NAME /"` DATE MAINTE ANCE BEGINS TAX tTSI-�'LI�t� C D.0 7 1 11 ADDRESS DATE MAINTENANCE ENDS STATE soIEZ �e CITY STATE ZIP NEGOTIATED BY COUNTY CODE laslkl ;� 0(2 G�SZO �d ❑ NEW ❑ SUPERSEDE ADDIUP,DATE ❑ DELETE ❑ CANCEL BILLING PERIOD ❑ MONTHLY QUARTERLY ❑SEMI'ANNUAL ❑ ANNUAL NO. MONTHLY S UNITS DESCRIPTION TYPE PLACE OF SERVICE FEE PER UNIT . • THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE CLIENT DAY WIRELESS SYSTEMS FCC LICENSEE DATE WITNESS WITNESS - AUTHOR 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 interuptlon 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 wnsideraflon 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 communicetion; 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 provlsions 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,Mihvaukie,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, internodulation, 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 AP OVED A TO FORM requirements. However, DWS will provide the Licensee with fortes, advice, / and technical assistance, including frequency, modulation and power measurements,to aid in meeting those requirements. r. 8. INTERRUPTION OF SERVICE.The Licensee shall notify DWS in the SI nature9 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 ate writing.After said notice from the Licensee to the Headquarters Office,DWS shall be fiable for any interruption or interference affecting the use of or DA transmission through the equipment maintained to the extent of a pro rate WIRELESS SYSTEMS CUSTO IE MAL DATE i L N qp a a a m M L Wb Ck CH r N Iry u 4 u a v o N H�I0. q c v p c P % F U N L N u ma _E N • VS La" _ � Wi HM N NN r F k W NA H w J a O Q Q W O r u LZ ry C u .ra E P l� 0 O O U U £ p� m gg 4 OI U N W L _ _ 0 O Y O 4 Q tl F w C S o w > \ Iwl m W I � 3 D N G D Y O N O O O O O' O 00 H •` ^V OF y N O Y U N N ry N pHy O R n 4 w.0 U m K N N W u F', \ r Y £u E O N F F F 14y % x ? Z W o Y y m q % Ltn N N ry ry ry ry NN' n n n \\ O❑ N � N I MOTOROLA Mi rch 29, 2005 Rd:' Motorola Authorized Dealer To Whom It May Concern, Rlbase be advised that the following-contracts are currently being held between Day Management Corp dbe Day 1Mreiess Systems located at 4700 SE Intemational Way, Milwaukle, OR 97222 and Motorola, Inca they have been an authorized Dealer sine April 1991 and have branch locations In the States of California, Oregon, and Washington, Radius Two-Way 0- HT professional . 'r Agent • Manufacturer Representative • MSS Tha Agent/MR Contract allows Day Wireless to enters partnership with Motorola when selling Motorola roducts to end users,-Day Wireless Is the'eXOlusives authorized'A.gent;-far iotorola In the RogueVallsy area. Should you have any questions please tea►free to contact me at: 816.783-9632 or you may contact our Contracts Dept at 847426-458S. Slhwrrely, Mike Cooper Area Distribution Manager Motorola Inc; I Page 1 / 1 �S CITY OF CITY RECO ASHLAND I TES e, ,P.OiNUMBER'c i 20 E MAIN ST. 9/21/2011 10468 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.: Req.Del.Date: Contact: Greg Case Special Inst: Confirming? No :WnitPricet'�;?a ,rExCPrice..?�:� Annual Radio Maintenance 21,909.24 Per attached Maintenance Agreement and Contract Listing - Equipment Summary. Quarterly payments$5,477.31 SUBTOTAL 21909.24 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 21,909.24 ASHLAND, OR 97520 ,$s Account Numtie s°" E 'ProectwLTr6 e[..._ ` '. _ J ,� ,__-y�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 Aut ized Signatures VENDOR COPY F® C I T Y OF ASHLAND REQUISITION Date of request: Required date for delivery: EEL Vendor Name /t 1114 IS! 5 5' Address,City,State,zip P Bely z z. /G 9 3 t�,�f AU/�1T/ON laigy Contact Name&Telephone Number lVeVF62 0 b6'=IC�e5 M5014M) OR. 77501) Fax Number A114 w,gNKiF ©R syr q72 -5-60'Z- SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Emergency Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement C000erative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement Sole Source Contract# GOODS&SERVICES Written findings attached ❑ Other government agency contract $5.000 to$100.000 Quote or Proposal attached Agency ❑ (3)Written quotes attached Contract# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5.000 to$75,000 ❑ Written findings attached Agency ❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract# ❑ (3)Written proposals attached Date approved by Council: Date approved by Council: Description of SERVICES Total Cost fro«s ��,�iyr�r�,sr�cg �F,� .�nN��ti�� .�E�����.,t�c .• . . 4- aro 1)®i r1) �� 90q Item# Quantity unit Description of MATERIALS unit Price Total Cost ;TOTAL.COST ❑ Per attached QUOTE 'PlrR ^�y nn/ 6 $ i` �l �/'-I'/ r'7`L— 7 Project Number______•___ Account Number___•__•__•_ -______ Account Number___•__•__• Account Number -__•__• _•______ Account Number___•__•__•__• _ ___ 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately Attach extra pages if needed. By signing this requisition form,i certify that the information provided above meets the City's public contracting requirements,and the documentation can be provided upon request. Employee Signature: Department Head Signature: Additional signatures(if applicable): Funds appropriated for current(scat year 1S / NO Finance Director Date Comments: G:FinanceNrocedurOAP ormsTorm#3-Requisition.doc Updated on:10/27/2010