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HomeMy WebLinkAboutCC RESO 7770RESOLUTION NO. 7770 RESOLUTION APPROVING AGREEMENT Be it resolved by the City Council of the City of National City as follows: Teat certain agreement between City of National City and Motorola Communications & Electronics, Inc. dated the 2nd day of May, 1960, a copy of which is hereto attached and made a part hereof by reference, is hereby approved and accepted, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. PASSED AND ADOPTED this 28th day of June, 1960. .rV MAYOR MC*1"06 UCLA CM) Celi.04,141</10.014$ 14:11"1W FCC Licensee Motorola Mailing Address NO. UNITS 6 16 1 1 1 1 1 1 12 MAINTENANCE AGREEMENT Motorola Cornrnunications & Electronics,Inc RECENED CiTY National City Police Department 1303 National Aventsaut Ill IC 59 Am *61 Nations) City, California CITY u ttI IONA!. CITY MOToRoL,L. C000.4UNiC IONS ELEcTRONiCS, 1616 Rollins Road Burlingame, California. DESCRIPTION RCA mobiles Motorola mobiles Motorola Motorcycle units RCA 60 watt base station @ Polide Dept. lviotorola base station @ Police Dept. Motorola 60 watt BY @ Civil Defense Bldg. . $15„ 00 except while being used for Civil Defense tests only Remote control console @ Police Dept. 249C KC Receiver Hallic ra.fier e Receiver RCA HI Receiver Motorola base station @ Fire ta4ion - 1 Maintenance Agreement No. MA —/-5-502. iftiu Maintenance Agreement Date Date Maintenance Begins 7-1-60 Date Maintenance Ends 6-30-61 Payment Period Monthly First Payment Date 7-1-60 Negotiated by Stows bu,rsa r PLACE OF S ER VIC E PER UNIT TTAL MONTHLY PEES National City Police Dept. , t 8. 0 7. 0 6. po 20. )t) 18. OC Motorola Handle -Talkies & Pack sets - all less batteries Normal removal charges Normal installation charges TOT $ 5- 00 Pass. Cars; $6,00Trucks $ 30. 00 Pass. Cars; $ 33. 00 Trucks The term; and conditions of this maintenance agreement are printed on the reverse side. NA'l'IONAL CITY By MOTOROLA C&E FORM NG. 237-S3 FCC LICENSEE IV T N ESS MOTOi 4ICATIONS 1. By • SEE 1,DEFINITIONS. ON REVERSE S‘DE OF FORM. WITNESS si. ocs isto.00 18, 0 20, 00 15.104 00 2,1 SO 50 ffirtc.40 L*13/t This MAINTENANCE AGREEMENT is subject tothese terms and conditions: equipment except Feeaal inoitlltte and profits taxes of Motorola and State income and franchise taxes of fsfo`erola. ' (1) Definitions. For the purpose of brevity and uniform- ity all references to Motorola in this contract will be construed to mean Motorola Communications & Elec- tronics, Inc. All references to Licensee shall be con- strued as meaning and applying to the FCC Licensee, or the User, or the Purchaser of the equipment to be maintain- ed by the terms of this contract. (2) Work. Motorola Communication's & Electronics, Inc, (herein called Motorola) agrees to provide maintenance for the Licensee of the equipment described on the reverse side of this agreement beginning and ending on the dates indicated if the Licensee makes the payments herein speci- fied. Mobile units will be removed and reinstalled in different vehicles at Licensee's request for the prices inci- cated on the reverse side. This contract does not include maintenance of any transmission line, antenna. tower or tower lighting, unless such work is described on the reverse side of this agreement, suchmaintenance may be furnished ,non request at mileage, material and labor rates prevailing at the tirne of each call. Maintenance shall include the labor a: -id parts required to repair equipment which has become defective thr:..,tr: normal wear and usage. Maintenance does ',.,t the repair or replacement of equipment which ass oche :.:,se become defective, including, but not limited to, clan .ge caused by accidents physical abuse or misuse 4 the equipment, acts of God, and fires. Upon receipt of a written request from Licensee, Motorola will mainta,s. units ident.cai with any units covered by this maintenance agreement for the same monthly maintenance fees and on the sane terms and conditions set forth herein. (3) Maintenance standards. The equipment will be maintained by Motorola or its subcontractor in accordance with these standards; (i) Motorola parts or parts of equal euality will be used; (ii) oil, water, dust and foreign sub- stances will be removed from the equipment; (iii) the equip- ment will not be subject to mechanical abuse; (iv) the equip- ment will be maintained at levels necessary to provide the required communication; (v) routine maintenance procedures prescribed from time to time by Motorola for its equip- ment will be followed; and (vi) all maintenance work will he done by a qualified person or agency. The equipment will be inspected and adjusted periodically and as often as required. (4) Time and place of maintenance work. Maintenance wurk on the base stations and other fixed equipment shall be performed at the location of the equipment, and the Licensee shall furnish heat, light and power at these loca- tions. Mobile units and removable equipment shall be de- livered by the Licensee to the place of service indicated on the reverse side of this agreement. The Licensee shall give the Motorola Service Station at least two days' notice prior to delivery of a mobile unit for reinstallation. (6) Payment. On or about the date each payment is due as setforthon the reverse side of this agreement Motorola will send the Licensee an invoice covering the monthly maintenance fees (or the next Payment Period plus all other charges for the preceding Payment Period, and the Licensee shall pay the amount of said invoice within ten (10) days of its date to Motorola at the Motorola Area Office. Each invoice shall be due and payable whether or not the equipment is operating, and Motorola may terminate this agreement by giving the Licensee tea (10) days notice by certified mail if the Licensee defaults in its payment to Motorola. The Licensee shall reimburse Motorola ft.r all property taxes. sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by or under the authority of any Federal, State or local law, rule or regulation with respect to the maintenance of the (6) Right to subcontract. Motorola shall have the right to subcontract in whole or in part the maintenance work called for by this agreement. However, Motorola shall het`be reiitveii'of any liability under this agreement on account of a subcontract. Motorola will notify the Licensee - of the name and address of each subcontractor. (7) FCC records. Applications and statements of fact when required by the Federal Communications Comrniasien must be subscribed and sworn to by the Licensee, and the Licensee is responsible for meeting FCC requirements. However, Motorola will provide the Licensee with forms, advice, and technical assistance, -including, frequency,_'., modulation and power measurements, to aid in meeti . x. ,.;., these requirements. (8) Inte- tion of service. The Licensee shall notify the subcoi,.ractor in the event of the failure of any weft, If the subcontractor fails to repair the unit within a reason- able time, the Licensee shall notify the Motorola Artie Office in writing. After said notice from the Licensee to the subcontractor and to the Motorola Area Office, Motorola shall be liable foranyinterruption or inter- ference affecting the use of or transmission through the equipment maintained to the extent of.a pro rata allowance based on the monthly maintenance fee"fnr the time 'silt interruption or interference is attributable to the fault of Motorola or its .subcontractor. Motorola does not as- sume and shall have no liability under this contract for failure to provide or for delay in providing maintenance for the equipment due directly or indirectly to causes beycod the control and without the -fault or negligence of Motorola, including, but not restricted to, acts of God, acts of the public enemy, acts of the United Sues., any State, Territory of the United States, or any political subdivision of the foregoing, or the District of Columbia, acts of the Licensee, its agents, employes,- or sun cbntraetbrs, fires, floods, epidemics, quarantine restrictions, strikes, freight em- bargoes, and unusually severe weather cesiditions, or de- faults of Motorola subcontractors due to any such causes. (9) Automatic Renewal. After the "bate Maintenance Ends" indicated on the reverse side of this agreement this contract shall continue fbryuccessive additional periods of 1 month, provided that either Motorola or the FCC Licensee may terminate this agreement, with or without cause, upon 30 days written notice tit the other party sent by certified mail to the address indicated herein. (10) Laws and regulations. This agreement and ilk* rights and obligations of the parties under it are sub- ject to present and future valid order* sad valid laws, rules and regulations of duly constituted" authorities having jurisdiction. _ (11) Waiver. Failure or -delay mine part of Motorola or the Licensee to exercise any right. power or privilege hereunder shall not operate as a vgaiv.r thereof. (12) Prior negotiations, This contreat c the entire agreement of the parties herein ace{ i sede all prior offers, negotiations and agreorn (13) Amendment, No revisiot of this contract shall he valid unless made in writing and signed by as Arse Sates Manager of Motorola and an authorised agent OF the Lionsows. (14) Assignment. No assigranentj of transfer in whole or in part of this contact shall be bindinn ttnvon h atiosoisa withered its areiliaa was...,".,+. .. .. _ .. ..._. '.