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Home My WebLink About99-283 Resolution No. 99-283 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MOTOROLA FOR LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Motorola for laptop computers for the police department, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 3 , 1999 Adopted: November 3 , 1999 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk MOTOROLA SERVICE AGREEMENT CRC USE ONLY Communications and Electronics, Inc. SIC CODE ORS SOW 1309 East Algonquin Road Date: 10/01/99 i9NMa gLAMNitivwa.''. Schaumburg, Illinois 60196 AGREEMENT ORDER#: 3317-0401-90-107 WO CREDIT MUM CUSTOMER NAME: CITY OF ELGIN tHteeeMIMINT CUSTOMER#: 1000260737 ATTN: LORI MOSES BILL TO EQUIP AT TAG#: 004 TAG#: 004 BILLING ADDRESS: 151 DOUGLAS DIVISION: Northern PAGE 1 OF 1 CITY: ELGIN STATE IL ZIP: 60120 CUSTOMER CONTACT: LORI MOSES CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE: 11/01/99 YES X NO 12/31/00 CUSTOMER PHONE#: 847-289-2770 When this agreement is accepted by Motorola,the equipment on the Agreement Order referenced above will be serviced by Motorola in accordance with our Service Agreement terms and conditions. This agreement does not include replacement of antennas or batteries or service of any transmission line,antenna,tower or tower lighting unless such work is described below. INFRASTURCTURE EQUIPMENT MONTHLY SVC AMOUNT QTY MODEL NUMBER DESCRIPTION PER UNIT EXTENDED Special Instructions: On site service provided by Motorola's 51 Hammerhead Laptop Computers 27.00 1,377.00 Field Service Organization Including Keyboards, Interface Box and Mounts Serial Numbers: 839, 963, 1728, 1761, 1771, , Hours of Service: Equipment will be Serviced 1774-1776, 1781, 1783-1785, 2298,2299,2330, 2331, Monday through Friday,8AM to 4:30PM 2350, 2352-2371,2382, 2383,2387-2389,2470, 2474, 2475,2481-2486. For Service Call: 1-800-323-9949 Services Included: On-Site Response # 3315 - FS [X)SUPERSES AGREEMENT 9 NOTE: 14 MONTH SERVICE AGREEMENT Additional ter initions and conditions of this SERVICE AGREEMENT are printed on the reverse side. r)( 11,401"-dt-- /(e(?7 AUTHORIZED CUSTOMER SIGNATURE TITLE DATE TOTAL PER MONTH $1,377.00 IS P.O.REQUIRED? I 1 YES,ATTACH P.O. I 1 NO PAYMENT CYCLE: TAX EXEMPT: TAXES ANNUALLY Yes,attach TOTAL 847 538-6632 SEMIANNUALLY exempt certificate THE ABOVE SERVICE AMOUNT MOTOROLA REPRESENTATIVE(SIGNATURE) TELEPHONE# QUARTERLY No IS SUBJECT TO STATE&LOCAL MONTHLY TAXING JURISDICTIONS,TO BE CINDI HANSEN 1-800-SKYPAGE Pin#5854652 OTHER(SPECIFY IN SPECIAL INSTRUCTIONS VERIFIED BY MOTOROLA. MOTOROLA REPRESENTATIVE Pager Number THIS SERVICE AGREEMENT is entered into by and between Motorola,Inc. ("Motorola")and the cus- sales and use taxes,excise taxes,and other taxes or assessments(except income,profit,and franchise taxes of tomer named in this Agreement's Attachments("Customer"). Motorola)now or hereafter imposed on this Service Agreement by any governmental entity. Motorola does not SECTION 1 DEFINITIONS "Service Agreement"means this Service Agreement and its Attachments; by this Agreement make any price guarantees except as stated in the Order Form. "Equipment"means,collectively and in past,the communication equipment that is specified in the Attachments SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will be free or that is subsequently added to this Service Agreement. of defects in materials and workmanship for a period of ninety(90)days beyond the expiration or termination of SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in Attach- this Agreement Customer's sole remedies are to require Motorola to re-perform the affected Service or to re- meats will become the Service Agreement only when acknowledged and accepted in writing by Motorola's fund, on a pro-rata basis,the Service fee paid for the affected Service. MOTOROLA DISCLAIMS ALL Schaumburg,Illinois Service Department. OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE SECTION 3 SERVICE DEFINED A. Motorola agrees to provide services for the Equipment as speci- IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. fled in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of equal SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, quality that are new or are warranted as"like new"will be used; (ii) the Equipment will be Serviced at levels Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business set forth in Motorola's product manuals; and(iii) routine service procedures that are prescribed from time to or performs its obligations under this Service Agreement. time by Motorola for its products will be followed. B. All communication equipment purchased by Customer SECTION 10 DEFAULT/TERMINATION A. Customer agrees to provide Motorola written notice of from Motorola("Additional Equipment")that is part of the same communications system or of similar type as any default of this Service Agreement to state the nature of the default. Noncompliance with regulatory laws the Equipment covered under this Service Agreement will be automatically added to this Service Agreement or disadvantaged business entity requirements may not be cause for default If Motorola does not cure the de- and will be billed at the applicable rates after the warranty period has expired. Motorola may also provide addi- fault within sixty(60)days,Customer may terminate that portion of the Service Agreement that is in default by tonal services("Above-Contract Services")at Customer's request that will be billed at Motorola's then appli- giving Motorola thirty(30)days prior written notice. B. Any dispute will be resolved by mutual agreement. cable service rates. C. All Equipment must be in working order on the Start Date of the Service Agreement or C. Neither party is liable for delays or lack of performance resulting from any causes such as strikes,material at the time the Equipment is added to the Service Agreement Customer must provide a complete serial number shortages,or acts of God that are beyond that party's reasonable control. and model number list either prior to the Start Date or prior to the time that the Equipment is added to the Serv- SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision,Motorola's total ice Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe for use in liability for losses,whether for breach of contract,negligence,indemnity,warranty,or strict liability in tort,is hazardous environments. D. Customer must immediately notify Motorola in writing when any Equipment is limited to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE lost,damaged,or stolen. Customer's obligation to pay Service fees for such Equipment will terminate at the FOR LOSS OF USE,LOSS OF TIME,INCONVENIENCE,LIQUIDATED DAMAGES,COMMERCIAL end of the month in which Motorola receives such written notice. E. If Equipment cannot,in Motorola's opin- LOSS, LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR ion,be properly or economically serviced for any reason including excessive wear,unavailability of parts,the CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. state of technology,or the practical feasibility of the scope of Services as specified in the Attachments or Mo- SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges that the Service torola Statement of Work,Motorola may:(1)modify the scope of Services related to such Equipment;(2)re- Agreement supersedes all prior and concurrent agreements and understandings,whether written or oral,related move such Equipment from Service Agreement; or(3)increase the price to Service such Equipment F. to the services performed. The Service Agreement or Attachments may not be altered,amended,or modified Customer must notify Motorola or Motorola's Subcontractor immediately of any Equipment failure. Motorola except by a written agreement signed by both parties. B. Customer agrees to reference this Service Agreement will respond to Customer's notification in a manner consistent with the level of service purchased as indicated in on all purchase orders issued pursuant to this Service Agreement. Neither party will be bound by any terms the Attachments. contained in Customer's purchase order or elsewhere(even if it is attached to the Service Agreement). In the SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of event of a conflict between the main body of this Service Agreement and any Addenda or Attachments,the Equipment that has become defective or damaged due to physical or chemical misuse or abuse from causes main body of this Service Agreement will take precedence,unless the Addendum or Attachment specifically such as lightning,power surges,or liquids. B. Unless specifically included in the Attachments,Service does states otherwise. not include repair or maintenance of any transmission line,antenna,tower or tower lighting,duplexes-,combi- SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible ner,or multicoupler. Motorola has no obligation or responsibility for any transmission medium,such as tele- for obtaining licenses or other authorizations required by the Federal Communications Commission("FCC") phone lines,computer networks,or the worldwide web,or for Equipment malfunction caused by such transmis- or any other federal,state,or local government agency and for complying with all rules and regulations required sion medium. C. Unless specifically included in the Attachments,Service of Equipment does not include items by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any that are consumed in the course of normal operation of the Equipment,such as,but not limited to,batteries, governmental matters. magnetic tapes,and computer supplies. D. Service does not include reprogramming of Equipment;accessories, SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service Agreement does belt clips,or battery chargers;custom or Special Products;modified units;or software. E. Service does not in- not grant directly or by implication,estoppel,or otherwise,any ownership right or license under any Motorola elude certification programs,software support,reprogramming,or modifications to Equipment related to assur- patent,copyright,trade secret,or other intellectual property including any intellectual property created as a re- ing the correct processing,providing,or receiving of date data from,into,or between the year 1999 and the year suit of or related to the products sold or Services performed under this Service Agreement. B. Motorola re- 2000. serves the sight to limit access to its confidential and proprietary information including cost and pricing data. SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obli- SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service Agreement unen- gations under this Service Agreement and may subcontract any portion of Motorola's performance called for by forceable,the remaining terms will continue in full force and effect. B. THIS SERVICE AGREEMENT AND this Service Agreement. THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. C. Failure to exercise any right will Attachments. When Motorola performs service at the Equipment's location,Customer agrees to provide Mo- not operate as a waiver of that right,power,or privilege. D. Except for money due upon an open account,no torola,at no charge,a non-hazardous environment for work with shelter,heat,light,and power and with full and action may be brought for any breach of this Service Agreement more than one(1) year after the accrual of free access to the Equipment Customer will provide all information pertaining to the hardware and software such cause of action. E. The Service Agreement will begin on the Start Date specified in the Attachments. elements of any system with which the Equipment is interfacing that enable Motorola to perform its obligations This Service Agreement will renew,for an additional one year term,on every arnvversary of the Start Date un- under this Service Agreement Unless otherwise specified in the Attachments,the hours of Service will be less either patty notifies the other of its intention to discontinue the Agreement within thirty days of that anti- hours of 8:30 a.m.to 4:30 p.m.,excluding weekends and holidays. versary date. F. If Motorola provides Service after the termination or expiration of this Agreement,the terms SECTION 7 PAYMENT Motorola will invoice Customer in advance for each payment period. All other and conditions and any prices in effect at the time of the termination or expiration will apply to that Service. charges will be billed monthly,and Customer must pay each invoice within thirty(30)days of the invoice date Revision Date 3/98 to the Motorola office designated by Motorola. Customer agrees to reimburse Motorola for all property taxes, ("0 OF ECC,'y City of Elgin Agenda Item No. October 22, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Motorola Service Contract for Laptop Computers for the Police Department PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with Motorola, Inc . for a service contract to maintain the Police Department laptop computers . BACKGROUND The Police Department currently operates 51 laptop computers installed in squad cars. The laptop computers in most cases are used 24 hours a day. The laptop computers are a component of the Computer Aided Dispatch System (CAD) and when originally placed into operation in December of 1997, they were under a one-year warranty. Last year the City contracted with Motorola to provide maintenance on the units for a one-year period. The contract expires October 31, 1999. The proposed contract would provide the same coverage on the laptop computers (including mounts, interface box, and keyboards) as last year' s contract . The hourly rate to provide maintenance on the units is $125 if the City does not enter into a maintenance contract . The recent experience indicates there is approximately 20 hours of maintenance work per month that is performed on the units. The cost of a maintenance contract is $1, 377, which is significantly less expensive (45%) than maintaining the units on an hourly time and materials basis . The laptop radio equipment maintained under this contract is Motorola equipment and they are subsequently a sole source provider for service on the equipment . GROUPS /INTERESTED PERSONS CONTACTED Emergency Telephone System Board (ETSB) and the City' s MIS Department . FINANCIAL IMPACT The cost for this service is $1, 377 per month or $19, 278 for the contract period of November 1, 1999-December 31, 2000 . The monthly cost is the same rate as last year' s contract . This expenditure is budgeted and can be paid for from the E911 fund, account number • 220-0000-791 .40-08, and was approved by the Board at their October 21, 1999 meeting. Motorola Service Contract October 22, 1999 Page 2 LEGAL IMPACT None. ALTERNATIVES The alternative to entering into this agreement would be to pay for the maintenance service on an hourly basis at $125/hour. Based on maintenance work estimates, this cost would total approximately $2, 500 per month. RECOMMENDATION It is recommended that the Mayor and City Council approve entering into the agreement with Motorola, Inc. to provide maintenance service on the laptop computers at a monthly cost of $1, 377 per month. R ectfully submi ed, Jo e A. Parker City Manager • MOTOROLA U.S. & Canada Group September 15, 1999 City of Elgin 151 Douglas Elgin, IL 60120 Attn: Lori Moses Emergency Communications Director Dear Ms. Moses: Thank you for allowing Motorola's Service Organization to be of service. It is our pleasure to provide you with the highest quality of service that today's advanced communication equipment demands. Enclosed is a renewal Service Agreement providing on-site services on the City's Hammerhead Laptop Computers. As discussed, this agreement will be effective 11/1/99 through 12/31/00. Service will be performed by Motorola's Field Service Organization. Please sign the Service Agreement where indicated on the right side of the form, and return one copy of the agreement to my attention in the enclosed envelope. If you should have any questions or require further information, please give me a call. Thank you for using Motorola products and services. Sincerely, MOTOROLA Cindi Hansen Customer Support Manager 1309 E. Algonquin Road. Schaumburg, !_ e3193 (847; 838.3500 - MOTOF_ SERVICE A EMENT cRCC NCY Communications and Electronics, Inc. SIC CODE QRS'SEQ# 1309 East Algonquin Road Date: 10/01/99 ante MM."P°101f"' Schaumburg, Illinois 60196 AGREEMENT ORDER#: 3317-0401-90-107 Loo aeon.mama CUSTOMER NAME: CITY OF ELGIN Ptt°ceaaaraear CUSTOMER#: 1000260737 ATTN: LORI MOSES BILL TO EQUIP AT TAG#: 004 TAG#: 004 BILLING ADDRESS: 151 DOUGLAS DIVISION: Northern PAGE 1 OF 1 CITY: ELGIN STATE IL ZIP: 60120 CUSTOMER CONTACT: LORI MOSES CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE: 11/01199 YES X NO 12/31/00 CUSTOMER PHONE#: 847-289-2770 When this agreement is accepted by Motorola,the equipment on the Agreement Order referenced above will be serviced by Motorola in accordance with our Service Agreement terms and conditions. This agreement does not Include replacement of antennas or batteries or service of any transmission line,antenna,tower or tower lighting unless such work is described below. INFRASTURCTURE EQUIPMENT MONTHLY SVC AMOUNT QTY MODEL NUMBER DESCRIPTION PER UNIT EXTENDED Special Instructions: On site service provided by Motorola's 51 Hammerhead Laptop Computers 27.00 1,377.00 Field Service Organization Including Keyboards, Interface Box and Mounts Serial Numbers: 839, 963, 1728, 1761, 1771, Hours of Service: Equipment will be Serviced 1774-1776, 1781, 1783-1785,2298,2299,2330,2331, Monday through Friday,8AM to 4:30PM . 2350,2352-2371,2382,2383,2387-2389,2470,2474, 2475,2481-2486. For Service Call: 1-800-323-9949 Services Included: On-Site Response [X]SUPERSES AGREEMENT 9 NOTE: 14 MONTH SERVICE AGREEMENT Additional terms,definitions and conditions of this SERVICE AGREEMENT are printed on the reverse side. ' Y\'' . AUTHORIZED CUSTOMER SIGNATURE TITLE DATE TOTAL PER MONTH $1 ,377.00 IS P.O.REQUIRED? I I YES,ATTACH P.O. U NO PAYMENT CYCLE: TAX EXEMPT: TAXES ANNUALLY Yes,attach TOTAL 847 538-6632 SEMIANNUALLY exempt certificate THE ABOVE SERVICE AMOUNT MOTOROLA REPRESENTATIVE(SIGNATURE) TELEPHONE# QUARTERLY No IS SUBJECT TO STATE a LOCAL MONTHLY TAXING JURISDICTIONS.TO BE CINDI HANSEN' 1-800-SKYPAGE Pin#5854652 OTHER(SPECIFY IN SPECIAL INSTRUCTIONS VERIFIED BY MOTOROLA. MOTOROLA REPRESENTATIVE Pager Number