HomeMy WebLinkAbout07-151 Resolution No. 07-151
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MOTOROLA, INC.
FOR THE PURCHASE OF RADIOS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson,
City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City
of Elgin with Motorola,Inc. for the purchase of mobile and portable radios and associated hardware,
a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 27, 2007
Adopted: June 27, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
RLJ iDS a-k0/rd JJcA-/'C-
Standard Terms and Conditions of Sale
1. Scone. Motorola,Inc.or Printrak International, Inc.,a Motorola company("Seller")will sell to Customer and Customer will purchase from Seller the
equipment, parts, software, or services related to the equipment (e.g., installation) described in Seller's Proposal dated May 7, 2007 These terms and
conditions,together with the Proposal,comprise the"Agreement."Customer may indicate its acceptance of this Agreement by signing below or by issuing a
purchase order that refers to either the Proposal or to a Customer solicitation to which the Proposal responds. Only these terms and conditions apply to the
transaction,notwithstanding any inconsistent or additional terns and conditions contained in the purchase order or Customer solicitation.
2. Price and Payment Terms. The Contract Price is U.S. $39,759.16, excluding applicable sales, use, or similar taxes and freight. Seller will submit
invoices to Customer for products when they are shipped and,if applicable, for services when they are performed. Customer will make payments to Seller
within twenty(20)days after the invoice date. Seller will pre-pay and add all freight charges to the invoices. Title and risk of loss to equipment or parts will
pass to Customer upon shipment. Title to software will not pass to Customer at any time. Seller will pack and ship all equipment, parts or software in
accordance with good commercial practices.
3. Software. If this transaction involves software,any software owned by Seller("Motorola Software")is licensed to Customer solely in accordance with
Seller's Software License Agreement("SLA"),which is attached as Exhibit A and incorporated herein by this reference. Any software owned by a third party
("Non-Motorola Software")is licensed to Customer in accordance with the standard license,terms,and restrictions of the copyright owner unless the owner
has granted to Seller the right to sublicense its software pursuant to the SLA,in which case the SLA applies and the owner will have all rights and protections
under the SLA as the Licensor. Seller makes no representations or warranties of any kind regarding Non-Motorola Software.
4. Express Limited Warranty and Warranty Disclaimer. Motorola Software is warranted in accordance with the SLA. For one year from the date of
shipment, Seller warrants that the equipment and parts under normal use and service are free from material defects in material and workmanship. These
warranties do not apply to(i)defects or damage resulting from: use of the equipment,part, or Motorola Software in other than its normal,customary,and
authorized manner;accident,liquids,neglect,or acts of God;testing,maintenance,disassembly,repair,installation,alteration,modification,or adjustment not
provided or authorized in writing by Seller;or Customer's failure to comply with all applicable industry and OSHA standards;(ii)breakage of or damage to
antennas unless caused directly by defects in material or workmanship;(iii)equipment that has had the serial number removed or made illegible;(iv)batteries
(because they carry their own separate limited warranty)or consumables;(v)freight costs to ship equipment or parts to the repair depot;(vi)scratches or other
cosmetic damage to equipment surfaces that does not affect the operation of the equipment; and (vii) normal or customary wear and tear. These express
limited warranties are extended by Seller to the original user purchasing the products for commercial, industrial, or governmental use only, and are not
assignable or transferable. If Customer gives notice of a valid warranty claim before the expiration of the warranty period,Seller will(at its option and at no
additional charge to Customer)repair the defective product,replace it with the same or equivalent product,or refund the price of the defective product. This
action will be the full extent of Seller's liability for a warranty claim. Repaired or replaced product is warranted for the balance of the original applicable
Warranty Period. All replaced products or parts will become the property of Seller. THESE WARRANTIES ARE THE COMPLETE WARRANTIES AND
ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. SELLER DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Delays and Disputes. Neither party will be liable for its non-performance or delayed performance if caused by an event,circumstance,or act of a third
party that is beyond a party's reasonable control (a "Force Majeure"). Each party will notify the other if it becomes aware of a Force Majeure that will
significantly delay performance. The parties will try to settle any dispute arising from this Agreement(except for a claim relating to intellectual property or
breach of confidentiality)through good faith negotiations. If necessary, the parties will escalate the dispute to their appropriate higher-level managers. If
negotiations fail,the parties will jointly select a mediator to mediate the dispute and will share equally the mediation costs. Neither party will assert a breach
of this Agreement without first giving the other party written notice and a thirty(30)day period to cure the alleged breach.
6. LIMITATION OF LIABILITY. Except for personal injury or death, Seller's total liability, whether for breach of contract, warranty,
negligence,strict liability in tort,or otherwise,will be limited to the direct damages recoverable under law, but not to exceed the purchase price of
the products or services for which losses or damages are claimed. SELLER WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS;
INCONVENIENCE;LOSS OF USE,TIME,DATA,GOOD WILL,REVENUES,PROFITS OR SAVINGS;OR OTHER SPECIAL,INCIDENTAL,
INDIRECT,OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT,THE SALE OR USE
OF THE PRODUCTS, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. No action for contract
breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one year after the accrual of the cause
of action. This limitation of liability survives the expiration or termination of this Agreement.
7. Confidential Information and Preservation of Proprietary Rights. The SLA governs software confidentiality. As to any other information marked
"Confidential"and provided by one party to the other,the receiving party will maintain the confidentiality of the information and not disclose it to any third
party; take necessary and appropriate precautions to protect the information; and use the information only to further the performance of this Agreement.
Confidential information is and will remain the property of the disclosing party,and no grant of proprietary rights in the confidential information is given or
intended. Seller, any copyright owner of Non-Motorola Software, and any third party manufacturer own and retain all of their proprietary rights in the
equipment,parts and software,and nothing herein is intended to restrict their proprietary rights,. Except as explicitly provided in the SLA, this Agreement
does not grant any right,title or interest in Seller's proprietary rights,or a license under any Seller patent or patent application.
8. Miscellaneous: Each party will comply with all applicable laws, regulations and rules concerning the performance of this Agreement or use of the
products. Customer will obtain and comply with all FCC licenses and authorizations required for the installation, operation and use of the products. This
Agreement and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State in which the products are
installed. This Agreement constitutes the entire agreement of the parties regarding this transaction,supersedes all previous agreements and proposals relating
to this subject matter,and may be amended only by a written instrument executed by both parties. Seller is not making,and Customer is not relying upon,any
representation or warranty except those expressed herein. There are no certifications or commitments binding Seller applicable to this transaction unless they
are in writing and signed by an authorized signatory of Seller.
Seller
Custo er
By. By:
Name it]e ( ( Name an i e:
Date: .5 0 I C41—
Date:
Elgin,IL- Fire Department Radio Equipment Proposal
r
City of Elgin A enda Item No.
June 8, 2007
TO: Mayor and Members of the City Council
SAFE COMMUNITY
FROM: Olufemi Folarin, City Manager
Michael Falese, Fire Chief
SUBJECT: Purchase of Six Mobile Radios, Four Portable Radios and Associated Hardware
from Motorola
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an exception to the procurement ordinance with Motorola for the
purchase of mobile radios, portable radios and associated hardware.
RECOMMENDATION
It is recommended that the City Council authorize the purchase of mobile radios, portable radios
and associated hardware from Motorola in the amount of$39,759.16.
BACKGROUND
The purchase will be for six mobile radios, four portable radios and associated hardware for
communication operations for the replacement ladder truck and additional fire engine and
additional ambulance. Two mobile radios are for the replacement ladder truck (Truck 1), two
mobile and two portables are for the additional fire engine (Engine 7) and two mobiles and two
portables are for the additional ambulance (Ambulance 7). These radios are required for proper
communications within the City limits, with outside agencies and communicating with the local
Emergency Departments.
Historically, Motorola has been the provider of this equipment for compatibility across all areas
of radio communication. It is imperative that all of the mobile and portable radio equipment is
kept identical for the maintenance and updates of these units..
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
P
Motorola Radio
June 8, 2007
Page 2
FINANCIAL IMPACT
The purchas�of ra dios from Motorola would total $39,759.16. There are sufficient funds
budgeted ($130,249) and available ($130,249) in the General Fund, account number 010-2802-
735.92-46 "Other Equipment", project number 289568 "Fire Station 7 Apparatus" to pay for the
$33,052.12 portion of the purchase and sufficient funds budgeted ($800,000) and available
($96,270) in the Riverboat Fund, account number 275-0000-791.91-48 "Mobile Equipment",
project number 289569 "Ladder Truck 1 Replacement" to pay for the $6,707.04 portion of the
purchase.
LEGAL IMPACT
This is an exception to the procurement ordinance based on section 5.02.020 Section B.9, stating
hat "contracts authorized by a vote of 2/3 of all members of the city council then holding office
0 upon a finding by the city council that an exception to the requirements of the procurement
ordinance is necessary and in the best interests of the city".
ALTERNATIVES
1. Purchase the mobile radios, portable radios and associated hardware from Motorola.
2. Solicit bids for similar products and have a mix of equipment for this use.
Respectfully submitted for Council consideration.
MWF/dhh
Attachment
Date: May. 31, 2007
Proposal Quote#: 032306tbspg1
Prepared By: Coty Cooper Phone: 847-576-1872 Fax: (800)526-8639 CUSTOMER M 1000271536
REPARED FOR: David Hudik
COMPANY: Elgin Fire Dept
PHONE: (847)931-6186
FAX: (847)931-6070
Equipment Details and Pricing
(�t�. Model Description Unit Price Total Price
1 1 H18SDH9PW7 N ELGIN FIRE DEPT XTS5000 UHF PORTABLE $4,122.44 $4,122.44
1 NTN8381 C LEATHER CARRYING CASE
1 NNTN4436 IMPRES SMART NIMH, FM 2000 MAH
1 WPLN4111AR CHARGER,IMPRESS SMART RAPID RATE, 110V
1 RMN5088A REMOTE SPEAKER MIC
1 8505241U05 UHF WHIP ANTENNA
2 3 H18KEF9PW7 N ELGIN FIRE XTS5000 PORTABLE(MODEL 11)VHF $3,913.54 $11,740.62
3 RMN5088A REMOTE SPEAKER MIC
3 NTN8381C LEATHER CARRYING CASE
3 NTN1873 CHARGER,IMPRESS SMART RAPID RATE, 110V
3 NNTN4436 IMPRES SMART NIMH,FM 2000 MAH
3 NTN8266B BELT CLIP KIT
3 1 M20URS9PW1 N ELGIN FIRE XTL5000 MOBILE REMOTE MOUNT 700/800 $3,427.04 $3,427.04
1 RAF4220ARB 700/800 MHZ ANTENNA
4 1 M20KSS9PW1 N ELGIN FIRE XTL5000 MOBILE DASH MOUNT VHF $3,477.60 $3,477.60
1 RAD4207ARB VHF ANTENNA
5 1 M20KSS9PW1 N ELGIN FIRE XTL5000 DIGITAL MOBILE-DUAL REMOTE MOUNT-VHF $4,457.65 $4,457.65
1 RAD4207ARB
6 1 M20URS9PW1 N ELGIN FIRE XTL5000 MOBILE RADIO DASH MOUNT-700/800MHz $3,229.44 $3,229.44
1 RAF4220ARB 700/800 MHZ ANTENNA
7 1 AAREX4617A TELEPHONE STYLE HAND SET $91.08 $91.08
8 1 RLN4830 BTN CONVERSION KIT $5.45 $5.45
4 1 M: 9PW1 N ELGIN FIRE XTL5000 MOBILE DASH MOUNT $3,477.60 $3. ' 0
1 RAD4� 07ARB VHF ANTENNA
9 1 M20URS9PW7 N ELGIN FIRE XTL5000 MOBILE RADIO-DASH MOUNT 700/800 $3,229.44 $3,229.44
1 RAF4220ARB 700/800 MHZ ANTENNA
10 1 FKN8070B CPU CABLE FOR AN MW800-17FT $65.55 $65.55
11 1 FLN3169 COLOR DISPLAY. 12.1" XGA 1200NIT W/BT,TOUCH SCREEN $2,435.25 $2,435.25
QUOTE PAGE TOTAL $39,759.16 Lj