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HomeMy WebLinkAbout2004 CON Day Wireless - Service Agreement Renewal Police RadiosDAY WIRE' ASS SYSTEMS dba: US MoA.._ rWireless Communications, Inc. 7323 Engineer Road Suite B San Diego, CA 92111 858-576-1116 Fax: 858-576-1126 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CITY: National City ZIP CONTRACT START DATE: 7/1/04 YES 91950 AUTO RENEWAL: NO QTY 3 3 4 4 1 1 1 MODEL NUMBER/SERIAL NUMBER/DESCRIPTION * Centracom Series II Console X PLACE Or SERVILE SERVICE AriREEMENT DATE 4/22/04 CUSTOMER#: NAT140 CUSTOMER/AGREEMENT: 17-00 CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE / FAX #: 619.336-4509/619-336-4525 EXPIRATION DATE: 6/30/05 PAGE 1 OF 2 HEN THIS EEf.ENT IS ACCEPTED BY US MOBILE VFIRELESS THE EQUIPMENT ON THE CUSTOMER/AGREEMENT ORDER REFEPENCFD TAIVE': ILI. BF MOBILE`FIRELESS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON AT 1ACHMENT THIS FGRELMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS BATTERIES. 0R SERVICE OF ANY TRANSMISSION LINE. ANTENNA TO\:.ER OP TO_"EP LIGHTING UNLESS SUCH FORK IS DESCRIBED BELOW CUSTOMER LOCATION SVC CTR DPIVE-IN SVCCTR MAIL IN MONTHLY SVC AMOUN PER UNIT EXTENDED SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday. EXCLUDING WEEKENDS and HOLIDAYS. ' Hi Tech System Support - Console * MSF5000 Repeater X 57.00 171.00 * Hi Tech System Support - Repeater 51 3 38 1 3 2 SmartNet Controller (Includes SMT) X X X 56.77 47.00 47.36 170.31 188.00 189.44 An annual preventive maintenance inspection is included in this contract and is to be scheduled by a representative of National City Police Dept. * Hi Tech System Support - Controller Desktrac Base Spectra W7 Mobile X X X 93.00 56.77 13.00 93.00 56.77 13.00 This contract includes all parts and labor with the exception of antennas, batteries, cable programming, physical abuse and water/chemical damage. Spectra Motorcycle Radio Saber SI Portable X 6.00 306.00 X 6.00 18.00 Denotes that this equipment is covered under 24/7/365 Spectra Control Station X 6.00 228.00 Saber Portable w/DVP Encryption PX300 Portable w/DVP Encryption X X 8.50 6.00 8.50 18.00 Pickup and delivery of portables included with this contract. X 6.00 12.00 1 Desktrac Repeater (Plaza Bonita) X 14.00 14.00 12 Astro Spectra W3 Mobile X 6.00 72.00 10 XTS3000 Portable X 6.00 60.00 7 XTS3000 Portable (Warranty Handling) X 1.00 7.00 63 XTS5000 Portable (Warranty Handling) X 1.00 63.00 PAYMENT CYCLE: [ ] ANNUALLY [ ] SEMI-ANNUALLY [X] QUARTERLY [ ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TAX EXEMPT: [ ] YES, ATTACH EXEMPT CERTIFICATE [ X ] NO TOTAL PER MONTH $1,688.02 TAXES $26.16 TOTAL $1,714.18 THE ABOVE SERVICE AMOUN r IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS. TO BE VERIFIED BY DAY WIRELESS [ ] NEW [ X ] RENEWAL AGREEMENT AGREEMENT# AUTHORIZED CUSTOMER SIGNATURE/P.O.0 TITLE DATE IS P.O. REQUIRED? [ X ] YES, ATTACH P.O. [ ] NO (858) 576-1116 SERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # DEBBIE LICHT SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE # DAY WIRELESS SERVICE AGREEMENT TERMS AND CONDITIONS 1. DEFINITIONS "DWS" shall mean Day Wireless Systems Inc.; "Customer" shall mean the customer named in the Agreement, and "Product" shall collectively mean the Equipment and Software which DWS and Customer agree to be serviced pursuant to this Service Agreement Such Product is listed on the front of this Agreement 2. ACCEPTANCE The terms and conditions set forth on this Agreement is an offer to purchase Service by Customer which shall become a Service Agreement when acknowledged in writing by DWS's Service Department; and the banking, negotiation or other use of any payment shall not constitute an acceptance by DWS. It is agreed that Sevice shall be provided only on the terms and conditions contained in this Agreement DWS shall not be bound by terms and conditions in Customer's purchase order or elsewhere unless expressly agreed to in writing. Upon acceptance by DWS's Service Department, DWS's interest in the Agreement is assigned to DWS, Inc, 3. SERVICE DEFINED a DWS agrees to provide service for the Customer for the Product listed on the front side of this Agreement Such Products shall be serviced according to the terms and conditions on the front and reverse side of this Agreement ('Service'). The Service shall begin and end on the dates set forth on the front side of this Agreement. DWS shall also Service other Product purchased by customer during the term of this Agreement on the same terms and conditions set forth in this Agreement at the then current service fees for such Product. Upon delivery of such other Product to Customer, service fees for Service of such other Product shall be added to the billing cycle following expiration of the labor warranty on such other Product. In the event of loss, damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writing to DWS. In this event, Customer's obligation to pay service fees with respect to any such Product shall terminate at the end of the month in which DWS received such written report. b. Mobile Product shall be removed and reinstalled in different vehicles at Customer's request for the service fee in effect at the time of Customer's request. c. This Agreement does not include service of any transmission line, antenna, tower or tower lighting, unless such work is described on the front side of this Agreement. Service shall include the labor and parts required to repair Product which has become defective through normal wear and usage. This does not include consumables and their installation. Service does not include the repair or replacement of Product which has otherwise become defective, including, but not limited to, damage caused by accidents, physical or electronic abuse or misuse, acts of God, fires or other casualty. Service performed for non -covered repairs shall be billed at DWS's above contract rate applicable for such Service. Product under contract must be maintained in environmental conditions as set forth in the Product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this Agreement. d. Where telephone lines and Product are used in conjunction with DWS maintained Product, DWS shall have no obligation or responsibility for such telephone lines or Product but shall, upon request, assist the Telephone Company in repairing such upon payment at the appropriate above contract rate. e. Customer shall indicate on the front side of this Agreement any Product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status. f. At the expiration of twelve (12) months after the commencement of Service hereunder (or any time thereafter), if Product cannot in DWS's opinion be properly or economically repaired, because (but not limited to) excessive wear, deterioration or unavailability of parts, DWS at its sole option, upon thirty (30) days prior written notice to Customer sent by certified mail. may either. (1) remove such Product from this Agreement or (2) may increase the price to Service such Product. Customer shall have thirty (30) days from receipt of notice of price increase to object to such increase. If Customer properly objects to such increase DWS shall then have the option to remove such Product from coverage by this Agreement. Customer's obligation to pay Service fees with respect to Product removed from this Agreement shall terminate at the end of the month during which such Product is removed. 4. SERVICE STANDARDS. The Product shall be serviced by DWS in accordance with the following standards: (i) DWS parts or parts of equal quality shall be used; (ii) the Product shall be serviced at levels set forth in DWS's product manuals; and (iii) routine service procedures prescribed from time to time by DWS for its Product shall be followed. 5. TIME AND PLACE OF SERVICE. Service shall be done at the location specified on the front side of this Agreement Where Service is to be performed at the location of the Product, Customer shall furnish shelter, heat, light and power at these locations. Customer shall notify DWS immediately of Product failure, allow DWS full and free access to the Product, and =operate fully with DWS in DWS's servicing of the Product. Waiver of liability by DWS against Customer or other restrictions shall not be imposed by Customer as a site access requirement. Customer shall allow OWS full and free access to the Product. Customer shall allow DWS to use necessary machines, communications, facilities, features and other product (except as normally supplied by DWS) at no charge. Mobiles and removable Product shall be delivered by Customer to the DWS Service Center indicated on the front side of this Agreement. 6. PAYMENTITAXES On or about the date each payment is due as set forth on the front side of this Agreement DWS shall send Customer an invoice covering the Service fees for the next Payment Period. All other charges shall be billed monthly, and the Customer shall pay the amount of each invoice within ten (10) days of its date to the DWS office designated by DWS. Each invoice shall be due and payable whether or not the Product is operating, and DWS may terminate this Agreement by giving Customer ten (10) days notice by certified mail if Customer defaults in its payment to DWS. Customer shall reimburse DWS for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by authority of any Federal, State or Local law, rule or regulation win respect to the Service of the Product except Federal income and profit taxes of DWS and State income and franchise taxes of DWS. 7. RIGHT TO SUBCONTRACT. DWS shall have the right to subcontract in whole or in part the Service called for by this Agreement. DWS shall notify Customer of the name and address of each subcontractor. 8. REVISION OF FEES. Prior to an Anniversary of the "Expiration Date" indicated on the front side of this Agreement DWS may revise the Service fees set forth on the front side of this Agreement by giving Customer written notice of the amount of the increase at least sixty (60) days in advance of that Anniversary date. Upon receipt of any such notice, Customer may terminate this Agreement on the. Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to DWS sent by certified mail to the address indicated in this Agreement; otherwise the new fees shall become effective on the Anniversary date . In the event of such termination, all accrued and unpaid charges shall be due and payable immediately upon termination. 9. AUTOMATIC RENEWAL. If Automatic renewal is selected on the contract, after the Expiration Date indicated on the front side of this Agreement, this Agreement shall continue for successive additional periods of one year, provided that either OWS or Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this Agreement. 10. INTERRUPTION OF SERVICE. Customer shall notify the servicing agency in the event of the failure of any Product. If the servicing agency fails to repair the Product within a reasonable time, Customer shall notify the DWS office designated by OWS. After said notice from Customer to the servicing agency and to the DWS office designated by DWS, DWS shall be liable for any interruption of interference affecting the use or transmission through the Product maintained to the extent of a pro rate allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of DWS or its subcontractor. DWS does not assume and shall have no liability under this Agreement for failure to provide or delay in providing service for Product due directly or indirectly to causes beyond the control of DWS, including, but not restricted to, acts of God, acts of the public enemy, ads of the United States, any State, Territory of the United States, or any political subdivision of the foregoing, or the District of Columbia, acts of failure to act of the Customer, its agents, employees or subcontractors, fires, foods, casualty, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather conditions or defaults of DWS subcontractors due to any such causes. 11. WARRANTY LIMITATIONS, EXCEPT AS SPECIFIED IN THIS AGREEMENT, DWS DISCLAIMS ALL. WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OWS BE LIABLE FOR INCIDENTAL. OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. 12. FCC AND OTHER GOVERNMENT MATTERS. Although DWS may assist in preparation of the FCC license application, Customer is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission ("FCC") or any other Federal, State or Local governmental agency. Customer is solely responsible for complying with applicable FCC rules and regulations and the applicable rules and regulations of any other Federal, State or Local governmental agency. Neither OWS nor any of its employees is an agent of Customer in FCC or other governmental matters. DWS, however, may assist in preparation of the FCC license application at no charge to Customer. 13. ENTIRE AGREEMENT. Customer acknowledges that it has read and understands the terms and conditions of the Agreement and agrees to be bound by them, that it is the complete and conclusive statement of the agreement between the parties, and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements oral and written, heretofore made between DWS and Customer, are merged in this Agreement which alone fully and completely expresses their agreement. 14. AMENDMENT. No modification of or additions to this Agreement shall be binding upon DWS unless such modification is in writing and signed by the DWS Service Manager authorized to make such revisions and an authorized agent of Customer. 15. VALIDITY. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that tern or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terns and provisions of this Agreement shall nevertheless continue in full force and effect and he rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid, void or unenforceable. 16. HEADINGS. Section and paragraph headings used in this Agreement are for convenience only and are not to be deemed or construed to be part of this Agreement. 17. LAW. THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. 18. ASSIGNMENT. No assignment or transfer, in whole or in part, of this Agreement by Customer shall be binding upon DWS without its prior written consent. 19. WAIVER. Failure or delay on the part of DWS or Customer to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right, power or privilege of this Agreement 20. TIME TO SUE. Except for money due upon an open account, no action shall be brought for any breach of this Agreement more than two (2) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law. City of National City, California COUNCIL AGENDA STATEMENT June 1 5th, 2004 MEETING DATE AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR THE MAINT C s __II.1. %` DEPARTMENT'S 800 Mhz CO ICATIO .YSTEM nipiii PENU PAUU PREPAPO NlSERVICESEPARTMENTCTING C ;I F OF POLI RVIAGER NATION ° CITY POLIC DEP ° ' TMENT EXPLA Ma 3-2 for the installation and maintenance of the P. 'ce Department's 800 Mhz system was awarded on 8/17/93, via resolution #93-123. The award was for a one-year contract with three one-year renewal options which expired in 1997. Renewed via resolution's 97-31 from 1997- 6/30/99, 99-78 from 7/1/99-6/30/00, 2000-70 from 7/1/00-6/30/01, 2001-59 from 7/1/01-6/30/02, 2002-79 from 7/1/02-6/30/03, and 2003-53 from 7/1/03-6/30/04 Due to the complexity of this contract, the excellent service and response times provided by Day Wireless Systems, and the good working relationships with the vendor, the affected departments are in favor of a contract renewal. Council authorization is requested for a one-year renewal (to expire 06/30/05 under the existing terms and conditions with the option to renew for an additional one-year period if agreeable to both parties at that time. The value of the contract is $20,570.16 per year. The yearly increase of $152.28 is due to added maintenance cost of our older radio trunking system. Per purchasing Ordinance No. 1480, section 12a(4), the bidding requirements may be waived when the City Council determines that due to special circumstances, it is in the City's best interest to enter into a contract without compliance with the bidding procedure. Give the excellent working relationship with the vendor, staff recommends that the bidding requirements be waived. The Vendor, Day Wireless Systems is agreeable to the renewal per the attached memo. When National City joins the RCS, all unused portions of the quarterly payment schedule will be c1cditcd back to National City upon a 30 day notice to cancel. X Environmental Review N/A Financial Statement Funds are budgeted in the Police FY 03/04 budget Account No. STAFF RECOMMENDATION Approve the Resolution, and authorize the Purchasing Agent to issue the resulting purchase order, BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) IVendorAotement, Service Agreement Lion Resolution No. 2C0i-Lf)°I A-200 (9/80) RESOLUTION NO. 2004 — 109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT RENEWAL WITH DAY WIRELESS SYSTEMS FOR MAINTENANCE OF THE POLICE DEPARTMENT'S 800 MHz COMMUNICATION SYSTEM WHEREAS, the Purchasing Agent of the City of National City did in open session on August 4, 1993, publicly open, examine and declare all sealed proposals or bids for installation and maintenance of the Police Department's 800 MHz system; and WHEREAS, the City Council of the City of National City awarded said contract to Motorola, pursuant to Resolution No. 93-123 on August 17, 1993; and WHEREAS, Motorola assigned the City's service agreement to U.S. Wireless, and U.S. Wireless has since assigned the City's service agreement to Day Wireless Systems; and WHEREAS, the original service agreement was for a period of one year with options to renew for three additional one year periods, the last of which will expire June 30, 2004; and WHEREAS, the annual cost of the agreement renewal is $20,417.88 which reflects a yearly increase of $487.44 due to the added maintenance cost of the older radio trunking system and the additional XTS5000 radio pick-up fee; and WHEREAS, due to the complexity of the service agreement and the excellent service provided by Day Wireless Systems, the affected City departments and the vendor are in favor of an additional one year renewal of the agreement under the existing terms and conditions; and WHEREAS, the City Council has determined that special circumstances exist, and that it is in the City's best interest to waive the bidding requirements pursuant to the provisions of Section 2.60.220(D) of the National City Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a renewal of said service agreement with Day Wireless Systems for an additional one (1) year period, to expire June 30, 2005, at a cost of $20,570.16 per year. Said service agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of June, 2004. ATTEST: Mic el Dalla, 'ity erk APPROVED AS TO FORM: George H. Eiser, III, City Attorney Passed and adopted by the Council of the City of National City, California, on June 15, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-109 of the City of National City, California, passed and adopted by the Council of said City on June 15, 2004. 4 City Clerk of the City ofational City, California By: Deputy