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HomeMy WebLinkAbout01-315 Resolution No. 01-315 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNICATIONS EQUIPMENT AGREEMENT WITH MOTOROLA, INC. FOR A FOURTH RADIO ANTENNA SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Communications Equipment Agreement on behalf of the City of Elgin with Motorola, Inc . for a fourth radio antenna site on Nestler Road between Route 20 and Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schuck Ed Schack, Mayor Presented: November 28, 2001 Adopted: November 28, 2001 Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . . ` COMMUNICATIONS EQUIPMENT AGREEMENT Motorola, Inc., a Delaware corporation ( Noboroe^), by and through the United States & Canada Group of its Comnnwncia/. Government, and Industrial Solutions Sector ("CGISS") and The City of Elgin, IL ("Customer") enter into this Communications Equipment Agreement (the "Agreement"), effective as of the last date signed below (the "Effective Date^), pursuant to which Customer will purchase and Motorola will provide Customer with the services and equipment specified in Exhibit B (the"Equipment"). Section 1 EXHIBITS The Exhibits below are hereby incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Exhibit A Motorola software license agreement("Software License Agreement") Exhibit B Motorola Proposal dated 9-26-2000 Exhibit C Motorola Standard Equipment Warranty Section 2 SCOPE OF AGREEMENT A. SCOPE OF WORK. Motorola will sell, deliver and inotaU, if applicable, and Customer will purchase the goods and services specified in Exhibit B. B. CHANGE ORDERS. Either party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost of or time required for the performance of this Aopawnomnt. Motorola and Customer will agree to an equitable adjustment in the Agreement price or performance achedu|w, or both. Motorola is not obligated to comply with requested changes unless and until both parties execute a written change order. C. ADDITIONAL PRODUCTS. For three (3) years after the Effective Date of this Aoreamwnt. Customer may submit purchase orders for additional portable and mobile subscriber products manufactured by Motorola's CGISS which are currently available at the time of order. If Cuobumne, and Motorola have agreed to a convention for processing electronic data interchange ("EDI") tranoectionm, purchase orders may be transmitted electronically. Each purchase order must specifically refer to this Agreement and will be an offer by Customer subject to Motorola's acceptance. Except for pricing and delivery terms, which must be stated on the purchase order, Customer and Motorola agree that the applicable terms of this Agreement will be the only terms and conditions that govern the purchase and sale of products identified on such purchase orders. Customer and Motorola agree that payment for all additional products so purchased will be due within twenty-five (25) days after the date of Motorola's invoice for the products. O. EQUIPMENT MAINTENANCE SERVICE. Customer may purchase maintenance service for the Equipment pursuant to the terms and conditions of the Motorola Service Agreement and software support pursuant to the terms and conditions of the Motorola Software Subscription Agreement (Exhibit D). Contract No. 00-16343/BK Page 1 (Rev. 01/15/99) . ^ COMMUNICATIONS EQUIPMENT AGREEMENT E. MOTOROLA SOFTWARE. Any Motorola Software furnished will be licensed to Customer solely according to the terms and restrictions of the Software License Agreement attached as Exhibit A. Customer hereby accepts all of the terms and restrictions of the Software License Agreement. F. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software furnished by Motorola will be subject to the terms and restrictions of its copyright owner unless such copyright owner has granted to Motorola the right to sub-license such Non-Motorola Sofbwane, in which case the Software License Agreement (including any addendum to satisfy such copyright owner's requirements)shall apply. Section 3 PRICE AND PAYMENT A. The total contract price is $55.000.00. Except for the first payment, which is due when customer executes this agreement, Customer agrees to make payments to Motorola within twenty-five (25) days after the date of invoices that will be submitted by Motorola according to the following payment schedule: 25%of the contract value upon contract execution; 70% of the contract value upon shipment of equipment; 5%of the contract value upon acceptance. B. All freight charges for the proposed equipment will be paid by Motorola. C. Upon contract execution, the Customer agrees to issue a Purchase Order in the full amount of the contract price. The terms and conditions on the reverse side of such Purchase Order(s) shall not apply. Section 4 EQUIPMENT ACCEPTANCE Motorola will test the Equipment in accordance with standard commercial pnootice, or in accordance with Exhibit B. Equipment acceptance will occur upon the successful completion of such testing. Any use of the Equipment without prior written authorization by Motorola shall constitute Acceptance. Section 5 DELAYS A. Under no circumstances will either party be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party ("Excusable Delays"). Such events inc|ude, but are not limited to, acts of God, weather tondiU$ns, compliance with laws and regulations (excluding Customer's failure to properly and timely apply for all required FCC licenses), governmental action, bid pnoteoha, fire, strikes, |ock-outm, and other labor dimrupdonn, material shorta0as, riots, acts of war, and an Excusable Delay of a Motorola subcontractor. Contract No. 00-16348/BK Page 2 (Rev. 01/15/90 COMMUNICATIONS EQUIPMENT AGREEMENT • B. Customer will make available to Motorola the sites when scheduled and Customer will not otherwise unreasonably delay or prevent Motorola's performance of its responsibilities. In the event of a Customer delay during the time of shipment, Motorola may ship the equipment as scheduled to a location as designated by the Customer or if no such location is designated, a Motorola designated storage facility for which Customer agrees to pay all fees. Section 6 DEFAULT If either party fails to perform this Agreement, that party may be considered to be in default, unless such failure has been caused by an Excusable Delay. It is required of both parties to give written notice of such default. Either party will have thirty (30) days from the receipt of such notice to provide a plan of action that is acceptable to each party to cure the default. Section 7 INDEMNIFICATION AND INSURANCE A. Motorola agrees to and hereby indemnifies and saves Customer harmless from all liabilities which may accrue against Customer on account of direct physical damage to tangible property or personal injury to the extent the damage or injury is caused by Motorola's negligence or recklessness, or that of its employees, subcontractors, or agents while on the Customer's premises during the delivery, installation, or testing of the Communications System pursuant to this Agreement. Motorola's indemnification of Customer under this Section will be the full extent of Motorola's indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. B. Motorola maintains General Liability and Automobile Liability insurance coverage in the following amounts: general aggregate, $5,000,000; products and completed operations aggregate, $5,000,000; workers' compensation and employers' liability, $1,000,000 per accident; and automobile liability, $1,000,000 per accident. Upon written request, Motorola will provide to Purchaser a certificate of insurance. Section 8 LIMITATION OF LIABILITY Notwithstanding any other provision to this Agreement, except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the total contract price. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This Limitation of Liability will survive the expiration or termination of this Agreement. No action for a breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one year after the accrual of such cause of action except for money due upon an open account. Section 9 GENERAL A. TITLE AND RISK OF LOSS. Title to the Equipment will pass to Customer upon shipment of the Equipment, except that title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the facilities designated by Customer. Contract No. 00-16343/BK Page 3 (Rev. 01/15/99) . . COMMUNICATIONS EQUIPMENT AGREEMENT B. TAXES. The purchase price does not include any amount for federal, otate, or local excise, sales, |easa, sen/ice, rmnba|, use, pnopedx, ocoupaUon, or other taxes, all of which (other than fedena|, state, and local taxes based on Motorola's income or net worth) will be paid by Customer except as exempt by law. If Motorola is required to pay or bear the burden of any such taxas, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of such taxes (including any interest and penalties) within thirty days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes. C. CONFIDENTIAL INFORMATION: Customer will not disclose any material or information identified as Motorola proprietary and confidential to third parties without Motorola's prior written permission, unless Motorola makes such material or information public or disclosure is required by law. If Customer is required by law to disclose such material or informaUon. Customer will notify Motorola prior to such disclosure. D. LICENSES. Motorola is not responsible for obtaining any license or other authorizations, including FCC |icensa(s), necessary for the acquisition or use of any product purchased hereunder. E. SITES. In addition to its responsibilities described in Exhibit B. Customer agrees to procure any necessary construction perrnits, building permito, zoning variances and the like, provide access to the sites identified in Exhibit B as requested by Motono|a, and have such sites available for installation of the Equipment by Motorola in accordance with the performance schedule. F. DISCLAIMER OF LICENSE. Except as explicitly provided in the Motorola Software License Agreement included in Exhibit A, nothing in this Agreement will be deemed to gront, either directly or by imp/ioadon, estoppe/, or otherwise, any license or right under any potents, patent applications, copyrights, trade marka, trade secrets or other intellectual property of Motorola. G. ASSIGNABILITY. This Agreement may not be assigned by either party without the prior consent of the other party except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. H. WAIVER. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. I. SEVERABILITY. If any portion of this Agreement is held to be invalid or unenforceable, that provision will be considered severable and the remainder of this Agreement will remain in full force and effect as if the invalid provision were not part of this Agreement. J. ENTIRE AGREEMENT. This Agreement (including the Exhibits) constitutes the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous agreements and underotondinga, whether written or oral, relating to such subject matter. This Agreement may be a/terod, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties K. REPRESENTATIONS AND COMMITMENTS. Motorola is not making, and Customer is not relying upon, any representations or commitments except for those expressed in this Agreement. Contract No. 00-18343/BK Page 4 (Rev. 01/15/99) . . COMMUNICATIONS EQUIPMENT AGREEMENT L. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois and venue of any action relative to this Agreement will be in Kane County, Illinois. M. NOTICES: Notices authorized or required under this Agreement must be in writing and sent to the below addresses: Customer Motorola, Inc. Attn: Attn:Deborah Neil Contract and Comliance Manager 1301 E. Algonquin Road SH-5 Schaumburg, ||8O10G In witness whereof, the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF: Gust! er In Motorola, �� By: By: Nam-. a~ � ^ =72, Nam Title: vfr7 vt./4-G c »� Date: /l)0rem ler —20m) c„,Contract No. 00-16343/BK Page 5 (Rev. 01/15/09) MOTOROLA SOFTWARE LICENSE AGREEMENT- EXHIBIT A This Software License Agreement is between Motorola, Inc., a Delaware corporation ("Motorola"), and City of Elgin ("Licensee"). Section 1 SCOPE Licensee may acquire from Motorola's Commenoie|. Government, and Industrial Solutions Sector ("CGISS") radio communication products ("Products") that contain embedded or pre-loaded Motorola software such as in a ROM, PROM, or EPRUK8, or other Motorola software provided on media such as a floppy disk, tape, diskette, or CD-ROM. All such software (including Radio Service Software and FLASHport® Software) is referred to as "Motorola Software." In mddidon, third party software may be included which Motorola does not own but is licensed to distribute. The terms of this Agreement apply to any such third party software unless an additional license agreement pertaining to the third party software is enclosed, in which case the terms of such license apply to said third party software. This Agreement contains the terms under which Licensee may use Motorola Software acquired from CGISS. Section 2 GRANT OF LICENSE Motorola hereby grants to Licensee a personal, non-exclusive license under Motorola's applicable proprietary rights to use Motorola Software in accordance with the terms of this Agreement. Section 3 LIMITATIONS ON USE Licensee may use Motorola Software only for Licensee's internal business purposes and only as described in the Motorola Software or Product documentation. Any other use of Motorola Software is strictly prohibited and will be deemed a breach of this Agreement. Licensee may not copy, modify, adapt, merge with other software, reverse engineer, prepare derivative works of, or disassemble any Motorola Software for any reaeon, except that Licensee may make at most two copies of Motorola Software provided with infrastructure equipment for back-up purposes. Licensee must purchase a copy of Radio Service Software for each site at which Licensee uses Radio Service Software; Licensee may make one additional copy for each computer owned or controlled by Licensee at each such site. Licensee may temporarily use Radio Service Software on portable or lap-top computers at other sites. Prior to acquiring any Radio Service Software or upon Motorola's nequest. Licensee must provide a written list of all sites where Licensee uses or intends to use Radio Service Software. Licensee must reproduce all Motorola copyright and trademark notices on all copies of Motorola Software. Section 4 TRANSFERS If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to use Motorola Software (other than Radio Service Software and FLASHporte Software) embedded in or furnished for use with those Products provided that (a) Licensee transfers all copies of such Motorola Software to the new owner and (b) Motorola receives a transfer form (which Motorola will provide upon request) completed and signed by the new owner. Othemv/se. Licensee may not transfer or make available any Motorola Software to any third party. Section 5 OWNERSHIP AND TITLE Title to all copies of Motorola Software in any form, including all rights in patents, oopyriBhtm, trade secrets, and other intellectual properties, remains vested exclusively in Motorola. Contract No. 00-16343/BK Page 1 (Rev. 01/15/99) . . MOTOROLA SOFTWARE LICENSE AGREEMENT-EXHIBIT A Section 6 CONFIDENTIALITY Licensee acknowledges that all Motorola Software contains valuable proprietary information and trade secrets and that unauthorized dissemination, distribudon, modUimadon, reverse engineering, dis000emb|y, or other improper use of Motorola Software will result in irreparable harm to Motorola for which monetary damages would be inadequate. Accordingly, Licensee will limit access to Motorola Software to those of its employees and agents who need to use Motorola Software for Licensee's internal business purpooem, and Licensee will take appropriate action with those employees and agents to preserve the confidentiality of Motorola Software. Section 7 LIMITED WARRANTY For one year after initial shipment of Motorola Software, the Warranty Period specified pursuant to the Communications Equipment Agreement between Motorola and Licensea, for such Agreement, Motorola warrants that the Motorola Sofbwano, when used propedy, will be free from reproducible defects that eliminates the functionality of a feature critical to the primary functionality of a system. The primary functionality of a voice communication system is subaoribar-tn-eubscriber, nubooriber-to-diapatcher, and dispatcher-to-subscriber voice communicationThe primary functionality of a data system is point-to-point data transmission. Motorola does not warrant that Licensee's use of the Motorola Software or the Products will be uninterrupted or error-free or that the Motorola Software or the Products will meet Licensee's particular requirements. MOTOROLA'S TOTAL L|AB|L|TY, AND LICENSEE'S SOLE REK8EDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA'S OPT|DN, REPAIR OR REPLACEMENT OF THE MOTOROLA SOFTWARE OR PAYMENT OF LICENSEE'S DIRECT DAMAGES UP TO THE AMOUNT PAID TO MOTOROLA FOR THE MOTOROLA SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE MOTOROLA SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES MUST ACCEPT THE MOTOROLA SOFTWARE "AS |G" AND WITH NO WARRANTIES OF ANY KIND. MOTOROLA DISCLAIMS ALL OTHER VVARRANT|E8, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 8 LIMITATION OF LIABILITY IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 9 TERM AND TERMINATION Licensee's right to use Motorola Software will begin when Licensee sends a duly executed copy of this Agreement to yNohoro|a, and either (a) Motorola returns a fully executed Agreement to Licensee or (b) Motorola ships Motorola Software or a Product containing Motorola Software to Lioenoee, and will continue in perpetuity unless terminated as follows. Licensee's right to use Motorola Software will terminate without notice upon a breach of this Agreement by Licensee. In addition, if Licensee breaches this Agreement with respect to Radio Service Software or FLA8Hporte Software, Motorola may, by notice to Licensee, terminate Licensee's right to use such Motorola Software. Upon termination, Motorola will be entitled to immediate injunctive relief without proving damages and. unless Licensee is a sovereign government entity, Motorola will have the right to repossess all Radio Service Software and FLASHport® Software in Licensee's possession. Within thirty days after termination of Licensee's right to use any Motorola 8ofbware. Licensee must certify in writing to Motorola that all copies of such Motorola Software have been returned to Motorola or destroyed. Contract No. 00-16343/BK Page 2 (Rev. 01/15/99) MOTOROLA SOFTWARE LICENSE AGREEMENT- EXHIBIT A Section 10 NOTICES All nobces, consenbs, and waivers permitted or required under this Agreement will be deemed given upon receipt and must be delivered in writing to the below addresses. Change of address must be in writing to the other party. Customer Motorola,|no. Attn: Attn: Contract and Compliance Manager Section 11 GENERAL A. COPYRIGHT NOTICES. The existence of a copyright notice on Motorola Software will not be construed as an admission or presumption that public disclosure of Motorola Software or any trade secrets associated with Motorola Software has occurred. B. WAIVERS. No waiver of a right or remedy of a party will constitute a waiver of another right or remedy of that party. C. ENTIRE AGREEMENT AND AMENDMENT. This Agreement contains the parties' entire agreement regarding Licensee's use of Motorola Software and may be amended only in a writing signed by both parties, except that Motorola may modify this Agreement as necessary to comply with applicable laws and regulations including FCC regulations O. GOVERNING LAW. This Agreement will be governed by the laws of the State of Illinois and the venue of any action relative to this Agreement will be in Kane County, Illinois. In witness whereof, the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below Lizem Motorola, | By: �� By: ~ w'' Name: 3orCE_ A , Na�� 73 //7 F / / i Title: e .' jnAA; pg [Je Title: /19E EZ- yiee fr e</` Date: /A'l�� ��Oc Date: Dlye� J�� �-� �oo #1S co / / P*444) Contract No. 00-16343/BK Page 3 (Rev. 01/15/99 EXHIBIT B 0 MOTOROLA City Of Elgin Police Department ALERTS Base Station Proposal Item Q_yt Model# Description 1 1 C99ED QUANTAR QUANTRO FAMILY 1a 1 0010 QUANTAR QUANTRO CONFIGURATION lb 1 X750 ADD:800 MHZ BAND RX 806-825 MHZ/TX 1c 1 X399 C ADD:DATA BASE STATION OPER 1d 1 X84 DEL:WIRELINE,QUANTAR/QUANTRO STN le 1 X52 A ALT:CABINET,30", 15RU INDOOR 1f 1 X676 ADD:CIRC,TRIPLE 1g 1 U752 ADD: POWER CORD, 12 FT AC,QTAR lh 1 X696 ADD:TRAY,PERIPHERAL FOR QUANTAR 1 i 1 X182 ADD:FACTORY INSTALLED DUPLEXER,VH lj 1 X39 ENH:RD-LAP 19.2 AIR PROTOCOL 2 1 DLN1085 DC-POWER MODEM(DOMESTICS),INCLUDE 3 1 DLN1086 MODEM SHELF FRU 4 1 DSRMP620AT RMP620A WITH RJ 11 JACK 5 1 DSWPHO1 SIGNAL LINE PROTECTOR 16 V 6 1 DQTSJADP ONE RACK UNIT BKT 7 1 688109600000 MAN INSTR QUANTAR DATA STA 8 1 688108800000 MANUAL SERV'QUANTAR/QUANTRO 9 1 RVN5002 RSS QUANTAR QUANTRO RECEIVER 10 1 308036900000 PROGRAMMING CABLE 11 1 DSDB809KXT ANTENNA 806-869 12 1 TDN9383 1/2 INCH X 10'LDF JUMPER WITH NP N 13 300 L1715 1 5 8 INCH LDF HELIAX POLY JKT PER 13a 1 E710AA ADD: 1 5 8 N JACK,ANT END 13b 1 E711AA ADD: 1 5 8 N JACK,STA END 14 1 TDN9383 1/2 INCH X 10'LDF JUMPER WITH NP N 15 1 DSISB5OHNC2 COAX PROTECTOR BULKHEAD 16 1 TDN9377 1 4 INCH X 3 S FLEX JUMPER WITH NP 17 2 MDN6817 7 8 INCH CABLE HANGER KIT STAINLESS 18 2 TDN6954 ADAPTER 4 5 INCH ROUND MEMBER MOUNT 19 3 TDN6672 GRIP HOISTING 7/8"LINE 20 3 TDN6674 204989-2 GROUND KIT 1 HOLE LUG 21 3 TDN9289 221213 CONNECTOR/SPLICE WEATHERPROO 22 2 TDN6673 204989-1 GROUND KIT 1 HOLE 1/2"HELI 23 1 ZA00085AA ADD:CARD PARADYNE 3811+ (V.34) 24 1 SERVICE INSTALLATION&PROGRAM MANAGEMENT TOTAL FOR ALL EQUIPMENT&SERVICES $55,000.00 Motorola Confidential 9-26-2000 Page 1 EXHIBIT B CITY OF ELGIN 19.2 DATA BASE STATION STATEMENT OF WORK City of Elgin DATA BASE STATION STATEMENT OF WORK TABLE OF CONTENTS SECTION 1 STATEMENT OF WORK 1-1 Project Overview 1-1 Introduction 1-1 Scope 1-1 Program Responsibilities 1-2 Project Deliverables 1-6 Summary of Motorola Project Deliverables 1-6 Summary of City of Elgin Project Deliverables 1-7 Implementation Plan 1-7 Project Management Services 1-8 Project Technical Team 1-8 Subcontracting 1-11 Quality of Work 1-11 Change Order Procedures 1-11 System Acceptance 1-12 System Acceptance Test Plan (ATP) 1-12 Maintenance Service Plan 1-12 Summary 1-13 Project Schedule 1-13 Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK SECTION 1 STATEMENT OF WORK PROJECT OVERVIEW Introduction This document describes the project activities, plans, and deliverables for the City of Elgin Data Base Station project. This Statement of Work(SOW)defines the work involved in the implementation, installation,optimization, and testing phases of the project. In addition, the responsibilities of both Motorola and the City of Elgin are outlined, in order to successfully ' complete the project. Motorola and the City of Elgin must approve a final SOW after the final design approval, and prior to contract execution.The approved SOW will become an exhibit to the Contract. Scope For the purpose of this document it is assumed that the City of Elgin will be the owner and operator of the proposed data base station and Motorola will design and manufacture the radio elements of the network. The proposed City of Elgin Data Base Station will include the following: • One (1) site, 800 RD-LAP, 19.2 Kbps Single Frequency Reuse wireless data base station, utilizing one (1) QUANTAR Data Base Station at the Toll way Plaza 35 site, and associated modems connected to the Illinois Criminal Justice ALERTS data network.. Also included is appropriate antenna and transmission line with installation. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023, September 26,2000 1-1 City of Elgin STATEMENT OF WORK DATA BASE STATION Motorola will perform the work and tasks required to manage, engineer, install, optimize, and integrate the data base station hardware as specified within this SOW and the system description.The City of Elgin will supply the applications,the necessary tasks, computer hardware, and the proper environment for the equipment. The Motorola system pricing and design, is based on the City of Elgin providing the specified site as detailed in the system description. If the City of Elgin is unable to secure the required sites or site parameters change, (such as antenna heights, site locations, etc.) Motorola will review and make any pricing and/or coverage changes necessary. Program Responsibilities Motorola Responsibilities The following specifies the respective responsibilities of Motorola in execution of this project. • Project Management Motorola will provide a project manager to act as the single point of contact for all administrative,technical, scheduling, and contractual issues related to the project. Base Station Sites Motorola will be responsible for the installation and optimization of the one (1) RF data base station. Each QUANTAR Station, modem, and transmit filter is provided in a cabinet. The one (1) site that is proposed for this system is: • Illinois State Toll Highway Authority Tower Site, Plaza 35 Radio Network Controller Site The proposed Data Base Station will be connected via phone line and modem to the Illinois Criminal Justice(ALERTS)data network in Chicago, IL. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 1-2 Control#99-023,September 26,2000 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK Programming of Mobile Equipment No mobile equipment is part of this proposal. System Coverage Motorola is providing no coverage guarantee with this proposal, nor is a coverage acceptance test plan included. Should the City of Elgin desire updated coverage predictions, or coverage acceptance testing, a change order will be required. RF Interference No frequency interference analysis has been performed. As an additional engineering service,Motorola can provide an interference analysis and make recommendations to reduce interference. Acceptance Testing A link verification test will be performed once the system is installed in the field.Successful completion of the field link verification test a.nd resolution of any punch list items will constitute final acceptance of the Data Base Station Add-on by the City of Elgin. Documentation Motorola will provide system information including: • System Block Diagram • Rack Layouts • Interconnection Information Training Motorola has provided no training with this proposal. The City of Elgin Responsibilities The following specifies the respective responsibilities of the City of Elgin in execution of this project. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023,September 26,2000 1-3 City of Elgin STATEMENT OF WORK DATA BASE STATION Project Manager The City of Elgin will provide a Project Manager/Administrator to facilitate as a single point of contact with the Motorola Project Manager during the implementation portion of this project. FCC Licensing The City of Elgin is responsible for obtaining the license for the 800Mhz communications channel(s) from the Federal Communication Commission. In addition, the City of Elgin is also responsible for the procurement of all permits required for the system by Local, State and Federal authorities that are necessary for integration of the proposed equipment. This includes,but is not limited to: FAA permits and building permits. Field Functional Testing The City of Elgin is responsible for supplying the personnel and facilities required to support the functional field-testing of the Data Base Station. At lease three (3)City of Elgin employees or representatives are required to support these tests. A minimum of(2) two City of Elgin vehicles, each equipped with functional mobile data equipment will also be required for the test. Site Access It will be the responsibility of the City of Elgin to provide access to the Toll Authority Tower Site. Site Leases The City of Elgin is responsible for obtaining any necessary site leases. Grounding and Lightning protection All sites must meet Motorola's R56 site standards for grounding, lightning protection, AC power, etc. Motorola project management will visit each site and make recommendations for any improvements required. Improvements will be the responsibility of the City of Elgin. Use or disclosure of this proposal is subject to the restrictions on the tide page. Motorola Confidential Proprietary 1-4 Control#99-023,September 26,2000 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK Base Station Sites The City of Elgin is responsible for providing all sites used in the system. The City of Elgin must provide the site tower, equipment shelters, and/or adequate floor space at the sites to house the Data Base Station. The radio sites must provide support for base station equipment to ensure successful system implementation and provide an environment capable of sustaining reliable equipment performance. Minimal site requirements include: • Floor space for the Data Base Station and room for service personnel to access the equipment. • Secure equipment placement with accessibility to Motorola personnel for routine maintenance. • A dedicated 20 Amp AC circuit for the RF sites. Generator and UPS backup is also recommended. • Adequate site grounding available within ten feet of the base station cabinet. • Tower structures and any required tower structural analyses. • Antenna mounting structure to provide the required RF coverage. • Antennas. • Interference testing. Base Station to Radio Network Controller Link Each Data Base Station requires one voice-grade, Type 3002, or Type 5, data channel, 4- wire,point-to-point,private line,non-switched full duplex circuit to link to the RNC. The City of Elgin is responsible for ensuring that the circuits are operational and within specifications prior to the installation of the RNC. Dial-Up Phone Lines The City of Elgin will be responsible for providing dial-up phone line connections to the equipment at the Radio Network Controller(RNC) location.The following dial-up circuits are recommended(one per category): • RNC diagnostics Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023.September 26,2000 1-5 City of Elgin STATEMENT OF WORK DATA BASE STATION Motorola to The City of Elgin Computer Link(s) The City of Elgin is responsible for providing any additional hardware or software required for any host,whether co-located or remote that will interface with the RNC Ethernet link. Host computer demarcation connection points will be supplied on the Motorola RNC.The Host LAN cable is the responsibility of the City of Elgin or its associated CAD vendor to procure,install and configure. It will be the responsibility of the City of Elgin to provide the link between the RNC and the Host running the host application. If the host is located remotely,a circuit of adequate capacity to connect them must be provided by the City of Elgin. Software and Applications The City of Elgin is responsible for providing, implementing,and testing all software applications/operating systems that reside on the host computer and on the mobile data terminals. Any application specific computer hardware, servers, or message switches and cabling must also be provided by the City of Elgin or their designated CAD vendor. (Motorola is providing the RF pipe, or message transport medium-not the applications required for the City of Elgin's operations.) Details of the Motorola system and interfaces are provided in the system manuals. Additional interface support for the CAD vendor is not provided,but can be purchased, if required. Training It is the responsibility of the City of Elgin to provide any additional training PROJECT DELIVERABLES Summary of Motorola Project Deliverables • Equipment as described in the system description • Factory system acceptance test procedure • Project Schedule • Project Status Meetings Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 1-6 Control#99-023,September 26,2000 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK • Implementation Plan • Equipment Inventory • Field system acceptance test procedure • Field system test results • System documentation • System maintenance support Summary of the City of Elgin Project Deliverables • Obtain RF base station site • Factory and field ATP equipment,personnel, and participation • Operational test acceptance • Insure all sites are provided with proper equipment shelters,power, and grounding, and meet Motorola's R-56 site standards • All Towers and equipment shelters • UPS and generator backup computer-grade circuits at the Main Equipment Site. • All Application Software, configuration and testing • Host Computer Hardware • Voice grade 4-wire, type 3002 communication circuit to all data base station sites • Dial Up diagnostic links • RNC Building-to-Host Link and any routers,bridges,or hubs and segmentation of the LAN traffic among the different data systems. • Mobile computing devices and associated hardware, programming and software. IMPLEMENTATION PLAN The implementation phase consists of the installation, optimization, acceptance testing, documentation,and other services required in order to complete this project. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023,September 26,2000 1-7 City of Elgin STATEMENT OF WORK DATA BASE STATION Implementation of the Data Base Station equipment will proceed in accordance with a plan that is jointly developed by the Motorola Project Manager and the City of Elgin Project Manager.This plan,once completed,will become part of this Statement of Work. The implementation plan would consist of installation and testing of the Motorola provided equipment in a manner similar to the following: • Contract Execution • Kick-Off Meeting/Detailed Design Review • Equipment Order Write-Up and Release • Equipment Manufacture • Antenna Network/Line combiner testing • System Documentation • Equipment Delivery& Inventory • Equipment Installation .. • System Optimization and Testing • Punchlist • Link verification test • System Acceptance PROJECT MANAGEMENT SERVICES Project Technical Team During the course of a project, Motorola's Project Management assembles a technical project team, highly qualified and selected for their technical expertise and system integration experience in the areas of data radio communications and the implementation of such systems. The Motorola Technical Project Team consists of the following individuals: Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 1-8 Control#99-023,September 26,2000 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK 1. Project Manager 2. Field Engineer 3. System Technologist The Motorola Project Team structure has been established and will be managed with the methods and procedures described below. This project structure will ensure that the City of Elgin has the proper visibility,personnel, and the required resources necessary to perform to the contract commitments. Project Manager The Project Manager(PM) is totally responsible for compliant execution and implementation of the contract,and has due authority and responsibility over all resources required for such execution.This individual is measured on the ability to meet the project schedule on time and to maintain a satisfactory relationship with the City of Elgin Project Manager/Administrator or designated key personnel. The Project Manager has many levels of technical expertise to call on for support. The Project Manager will report to Motorola Management as well as the City of Elgin Project Manager for project related activities.The PM's specific tasks and responsibilities include: • Coordinate all technical resources required for timely and efficient installation of the data equipment. • Equipment inventory and physical site inspections. • Provide monthly Status Reports. • Provide project schedule, adjust and track the schedule according to the project status. • Coordinate and supervise the installation and optimization of the overall equipment provided by Motorola. • Coordinate the factory and field acceptance test, with the assistance of the engineer and system technologist team. • Negotiate and execute change orders. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023,September 26,2000 1-9 City of Elgin STATEMENT OF WORK DATA BASE STATION • Obtain sign-off of the final system acceptance. Field Engineer The Motorola Field Engineer(FE)has technical responsibility of the data radio communication system. The FE will report to the Motorola Project Manager on this project. The FE's specific tasks and responsibilities include: • The ownership for the technical integrity of the system and system design reviews after the contract award. • Reviewing the final system design, generating the final equipment list and any"as designed" information. • Assist and/or resolve technical issues, in conjunction with the Motorola PM. • Develop the Acceptance Test Procedure. • Review and approve site equipment layouts and ensure physical and environmental issues are resolved. System Technologist The Motorola System Technologist(ST) is highly technical and experienced in the optimization and testing of the data radio system. The ST is charged with ensuring that the system and equipment parameters are properly set in order to meet system functionality. The ST's specific tasks and responsibilities include: • Field integration and optimization of the Motorola data equipment. • Assist the FE in conducting the Acceptance Test Procedure. • Set parameters of the data system central site. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 1-10 Control#99-023,September 26,2000 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK Subcontracting Motorola will utilize subcontractors in the installation of the antenna and transmission line installation. Motorola will comply with all applicable local and national safety requirements in the installation of all Motorola-supplied equipment. Prior to installation,the City of Elgin personnel should advise Motorola personnel, in writing(if known), of any unique safety precautions that should be observed while working at any of the sites. Quality of Work All work will be performed in a manner consistent with high quality commercial practice and in accordance with Motorola's R-56 Quality Guidelines for Fixed Network Equipment Installations and all applicable manufacture's installation and maintenance manuals. All work will be performed on weekdays during normal (8 AM to 5 PM) working hours excluding weekends, holidays, or in excess of eight(8)hours per day unless such work is authorized by a properly executed change order. CHANGE ORDER PROCEDURES Once the Statement of Work is approved and signed by authorized representatives of the City of Elgin and Motorola, a formal Change Order Procedure will become effective. Motorola's Project Manager is the only individual authorized within the Motorola team to make changes that effect the scope of the project,regardless of how small such changes may be. Field Change Request (FCR) Forms and Change Order Control Forms,must be filled out and executed by both the City of Elgin designated Project Leader and Motorola's Project Manager prior to the initiation of work outlined in any proposed change. The FCR documents the request by both parties and the impact, and can be initiated by any team member,but must be signed-off by the Project Managers of both the City of Elgin and Motorola.The Change Order is an actual change to the contract. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023,September 26,2000 1-11 City of Elgin STATEMENT OF WORK DATA BASE STATION SYSTEM ACCEPTANCE System Acceptance Test Plan (ATP) Inclusive of this proposal are the details of the Acceptance Test Procedures.The Acceptance Test Procedures (link verification test)are to be performed by Motorola and witnessed by the City of Elgin personnel to confirm that the system as provided by Motorola is complete and meets the Acceptance Test criteria. The field ATP will be the only criteria for system acceptance. It is important to note that Coverage is not a condition for system acceptance. Field ATP When the Motorola-supplied equipment is fully operational in the field,the link verification test will be used to demonstrate that the system can pass wireless messages.The successful completion of the link verification field test constitutes final acceptance of the Motorola provided hardware and software and the warranty will commence. Motorola will not be held responsible for any delays of third party vendors. Any deficiencies will be documented in a final punchlist, which when resolved, will result in final acceptance. Final payment will be expected after successful completion of the field ATP and resolution of all punchlist items for the Motorola supplied portion of the system as outlined in this proposal. Any failures occurring after conditional acceptance will be covered by the system warranty as described in the warranty section of this proposal. The field test will be documented using the check sheet in the ATP documentation. If during the testing, deficiencies are found, both the deficiencies and resolutions to the deficiencies shall be agreed upon and documented. Where the defined deficiencies do not prevent productive operational use of the system, the test will have been deemed completed. Motorola will remain responsible for the resolution of the remaining deficiencies, which occur within the Motorola, supplied equipment. MAINTENANCE SERVICE PLAN The warranty provided in this offering only applies to the equipment provided by Motorola under this proposal. The system warranty covers a period of one (1) year parts and labor during normal working hours(8:00 AM to 4:30 PM, Monday through Friday) for the data radio system. Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 1-12 Control#99-023,September 26,2000 0 MOTOROLA City of Elgin DATA BASE STATION STATEMENT OF WORK SUMMARY Motorola is providing the services and the expertise to install the Mobile Data Communications System for the City of Elgin. This installation will occur with the assistance of the Motorola project team and agents of the City of Elgin sharing information and lending their individual knowledge for the good of the system implementation. Motorola's Service Depattnlent will work with the Motorola project team to stage and install the system. Motorola will provide optimization and system support services. Motorola looks forward to providing the City of Elgin with a model Mobile Data Communications System that will exceed expectations and provide years of reliable service PROJECT SCHEDULE The following is Motorola's best understanding of schedule commitments in order to meet the needs of the City of Elgin. The following implementation schedule is dependent on FCC frequency approval. Milestone Weeks ARO Contract Signed — Orders Written and Submitted 2 Infrastructure Shipped to the City of Elgin 10 Commence Installation of System 11 Complete System Installation 12 Perform Optimization and Acceptance Test 13 System Acceptance 14 Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 0 MOTOROLA Control#99-023,September 26,2000 1-13 City of Elgin STATEMENT OF WORK DATA BASE STATION This page intentionally left blank. • Use or disclosure of this proposal is subject to the restrictions on the title page. Motorola Confidential Proprietary 1-14 Control#99-023,September 26,2000 0 MOTOROLA Exhibit C This warranty applies within the fifty(50)United States,the District of Columbia and Canada. LIMITED WARRANTY MOTOROLA COMMUNICATION PRODUCTS If the affected product is being purchased pursuant to a written Communications System Agreement signed by Motorola,the warranty contained in that written agreement will apply. Otherwise,the following warranty applies. I. WHAT THIS WARRANTY COVERS AND FOR HOW LONG: Motorola Inc.or,if applicable,Motorola Canada Limited("Motorola")warrants the Motorola manufactured radio communications product,including original equipment crystal devices and channel elements("Product"),against material defects in material and workmanship under normal use and service for a period of One(I)Year from the date of shipment. Motorola,at its option,will at no charge either repair the Product(with new or reconditioned parts),replace it with the same or equivalent Product(using new or reconditioned Product),or refund the purchase price of the Product during the warranty period provided purchaser notifies Motorola according to the terms of this warranty. Repaired or replaced Product is warranted for the balance of the original applicable warranty period. All replaced parts of the Product shall become the property of Motorola. This express limited warranty is extended by Motorola to the original end user purchaser purchasing the Product for purposes of leasing or for commercial,industrial,or governmental use only,and is not assignable or transferable to any other party. This is the complete warranty for the Product manufactured by Motorola. Motorola assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of Motorola. Unless made in a separate written agreement between Motorola and the original end user purchaser, Motorola does not warrant the installation,maintenance or service of the Product. Motorola cannot be responsible in any way for any ancillary equipment not furnished by Motorola which is attached to or used in connection with the Product,or for operation of the Product with any ancillary equipment,and all such equipment is expressly excluded from this warranty. Because each system which may use the Product is unique,Motorola disclaims liability for range,coverage, or operation of the system as a whole under this warranty. II. GENERAL PROVISIONS: This warranty sets forth the full extent of Motorola's responsibilities regarding the Product. Repair,replacement or refund of the purchase price,at Motorola's option,is the exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS,EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT,FOR ANY LOSS OF USE, LOSS OF TIME,INCONVENIENCE, COMMERCIAL LOSS,LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL,SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT,TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. III. HOW TO GET WARRANTY SERVICE: Purchaser must notify Motorola's representative or call Motorola's Customer Response Center at 1-800-247-2346 within the applicable warranty period for information regarding warranty service. IV. WHAT THIS WARRANTY DOES NOT COVER: A) Defects or damage resulting from use of the Product in other than its normal and customary manner. B) Defects or damage from misuse,accident,water,or neglect. C) Defects or damage from improper testing,operation,maintenance,installation,alteration, modification,or adjustment. Exhibit C D) Breakage or damage to antennas unless caused directly by defects in material workmanship. E) A Product subjected to unauthorized Product modifications,disassemblies or repairs(including, without limitation,the addition to the Product of non-Motorola supplied equipment)which adversely affect performance of the Product or interfere with Motorola's normal warranty inspection and testing of the Product to verify any warranty claim. F) Product which has had the serial number removed or made illegible. G) Batteries(they carry their own separate limited warranty). H) Freight costs to the repair depot. I) A Product which,due to illegal or unauthorized alteration of the software/firmware in the Product, does not function in accordance with Motorola's published specifications or with the FCC type acceptance labeling in effect for the Product at the time the Product was initially distributed from Motorola. J) Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the Product. K) That the software in the Product will meet the purchaser's requirements or that the operation of the software will be uninterrupted or error-free. L) Normal and customary wear and tear. M) Non-Motorola manufactured equipment unless bearing a Motorola Part Number in the form of an alpha numeric number(i.e.,TDE6030B). V. GOVERNING LAW In the case of a Product sold in the United States and Canada,this Warranty is governed by the laws of the State of Illinois and the venue of any action relative to this Warranty will be in Kane County,Illinois. VI. PATENT AND SOFTWARE PROVISIONS: Motorola will defend,at its own expense,any suit brought against the end user purchaser to the extent that it is based on a claim that the Product or its parts infringe a United States patent,and Motorola will pay those costs and damages finally awarded against the end user purchaser in any such suit which are attributable to any such claim,but such defense and payments are conditioned on the following: A) that Motorola will be notified promptly in writing by such purchaser of any notice of such claim; B) that Motorola will have sole control of the defense of such suit and all negotiations for its settlement or compromise;and C) should the Product or its parts become,or in Motorola's opinion be likely to become,the subject of a claim of infringement of a United States patent,that such purchaser will permit Motorola,at its option and expense,either to procure for such purchaser the right to continue using the Product or its parts or to replace or modify the same so that it becomes non-infringing or to grant such purchaser a credit for the Product or its parts as depreciated and accept its return. The depreciation will be an equal amount per year over the lifetime of the Product or its parts as established by Motorola. Motorola will have no liability with respect to any claim of patent infringement which is based upon the combination of the Product or its parts furnished hereunder with software,apparatus or devices not furnished by Motorola,nor will Motorola have any liability for the use of ancillary equipment or software not furnished by Motorola which is attached to or used in connection with the Product. The foregoing states the entire liability of Motorola with respect to infringement of patents by the Product or any its parts thereof. Laws in the United States and other countries preserve for Motorola certain exclusive rights for copyrighted Motorola software such as the exclusive rights to reproduce in copies and distribute copies of such Motorola software, Motorola software may be used in only the Product in which the software was originally embodied and such software in such Product may not be replaced,copied, distributed,modified in any way,or used to produce any derivative thereof. No other use including,without limitation,alteration,modification,reproduction,distribution,or reverse engineering of such Motorola software or exercise of rights in such Motorola software is permitted. No license is granted by implication,estoppel or otherwise under Motorola patent rights or copyrights. OF E44.. 1 a '11 City of Elgin Agenda Item No. NIF z 4 I `c)'91rEoil. ," - E L • November 9, 2001 G N - fo TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Fourth City-wide Radio Antenna Site PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of a sole source contract with Motorola for the purchase of the fourth radio antenna site equipment for the City' s city-wide radio system. BACKGROUND The City of Elgin installed a Motorola 800 MHz radio system in 1996 . The system has been providing city-wide radio communications since that time . The system provides portable radio coverage for all of the City departments, including emergency services . When the system was designed, expansion capabilities were included to handle the likely growth of the City. Recent plans to expand the City to the west caused a fourth antenna site to be budgeted for 2001 . The City has been working with Motorola to provide this fourth site and to find the most efficient and cost-effective location for the site . The City has identified an existing commercial radio antenna site on Nestler Road, between Route 20 and Bowes Road as an ideal site for this site . This site will be the fourth in the radio "simulcast" system, meaning that all sites broadcast at the same time, greatly enhancing our radio coverage and signal quality. Since this site must work with the three existing sites, only Motorola can provide this equipment, making this a sole source purchase . This antenna site will be constructed during the end of 2001, ensuring that radio coverage will exist before the far west expansion outpaces our ability to communicate with our personnel . The system is designed similar to our existing sites and includes redundant power and the ability to operate in a disaster mode, if required. Due to the design of the system, current radio coverage will be improved inside the existing coverage area as well as all of the current far west planning area . , . eo` Fourth Radio Site Purchase November 9, 2001 Page 2 Contracts for the lease of space for the Nestler Road antenna with Spectra Site will follow shortly. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The radio committee has recommended the expansion of the system in this manner. AfNANCIAL IMPACT This expansion was budgeted as a capital improvement for 2001 in the amount of $1, 400, 000 . Sufficient funds exist in the Riverboat Lease Fund, account number 276-0000-791 . 92-36, project number 339756, for the equipment and installations costs totaling $567, 583 . 00 . The remaining dollars ($832 , 417) have been reprogrammed within the proposed 2002 Budget . LEGAL IMPACT W45"/ None. ALTERNATIVES The City Council may not approve this purchase and the City radio coverage will remain at the current level and not extend to the newly proposed city limits . RECOMMENDATION It is recommended that the purchase of this equipment be approved. Respectfully submitted, -...._ *N.• 'Z'e.A....)-(1- .."3 9._ Joyce A. Parker City Manager e"-