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HomeMy WebLinkAbout24-0320 Motorola Solutions March 20, 2024 Agenda Bid Item: #4 — APX Mobile Radios from Motorola Solutions, Inc. — State of Illinois Joint Purchasing Program ($918,141) PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 20th day of March 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Motorola Solutions, Inc., a Delaware corporation (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City as described in the six(6) page proposal, dated January 24, 2024, attached hereto and made a part hereof as Attachment A, and as provided by the State of Illinois Contract #CMT2028589 incorporated herein by reference(the"State Contract"). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof and the State of Illinois Contract #CMT2028589 (collectively, the "Agreement"). In the event of any conflict between any of the terms and provisions in this Agreement and either Attachment A or the State Contract, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the State Contract, Attachment A shall supersede and control. 3. LAWNENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County,Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Motorola Solutions, Inc., 500 West Monroe Street, Chicago, Illinois shall constitute effective service. 4. NO MODIFICATION. There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal,written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts,each of which shall be an.original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Nine Hundred Thousand One Hundred and Forty Dollars and Eighty Cents ($918,140.80) within thirty (30) days of delivery or City's receipt of invoice,whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. 12. TRANSFER OF TITLE/RISK. Transfer of title,and risk of loss shall pass to the City upon delivery of the goods. 13. INDEMNIFICATION. For all indemnification language,please refer to the State of Illinois Contract#CMT2028589 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 17. NONDISCRIMINATION.The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status,sexual orientation,or unfavorable discharge from military service which would not interfere 2 with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. MOTOROLA SOLUTIONS, INC. C LGIN Dominick Storelli Print Name Richard G. Kozal, City anager n— Attest: Signature Area Sales Manager441 Title City erk Legal Dept\Agreement\Motorola Solutions-Purchase Agr-APX8500 PD Upgrade-3-4-24.docx 3 QUOTE-2148694 K;,¢'r''7, MOTOROLA SOLUTIONS ATTACHMENT A r. • . . . . ... 100,- . , ,. n:.. 41 . . ,,..... 4,..... , . 41,41 Air- • -. f Rt ,.. _3. f 'a: ' r I. / '0000Nallai '•II .4111r i ,ii , 4 I , ., „, .. . , .._, ._ Tr voMa . • , .... c 4,400 1! 41 le , , ,, 01 ' * 4.1i 1i -44t ), i j . •A .: liii ,,,.,. .- I I, • '' . joi 4 t T ,,e). i �/ ` ‘V "Jar - #,4 ,1 i Mai 1 i Elgin Police Department APX8500 PD Upgrade 01/24/2024 The design,technical,pricing,and other information("Information"t furnished with this submission is confidential proprietary information of Motorola Solutions.Inc.or the Motorola Solutions entity providing this quote ("Motorola")and is submitted with the restriction that it is to be used for evaluation purposes only.To the fullest extent allowed by applicable law,the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA,MOTO.MOTOROLA SOLUTIONS,and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings,LLC and are used under license.All other trademarks are the property of their respective owners.0 2020 Motorola Solutions.Inc.All rights reserved. MOTOROLA SOLUTIONS QUOTE-2148694 01/24/2024 Elgin Police Department 150 DEXTER CT ELGIN, IL 60120 RE: Motorola Quote for APX8500 PD Upgrade Dear Mike Bayard, Motorola Solutions is pleased to present Elgin Police Department with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide Elgin Police Department with the best products and services available in the communications industry. Please direct any questions to Alexander Anklam at Alex.Anklam@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely. Alexander Anklam Sr. Account Manager © MOTOROLA SOLUTIONS QUOTE-2148694 APX8500 PD Upgrade Billing Address: Quote Date:01/24/2024 ELGIN POLICE DEPT, CITY OF Expiration Date:03/15/2024 150 DEXTER CT Quote Created By: ELGIN, IL 60120 Alexander Anklam US Sr. Account Manager Alex.Anklam@ motorolasolutions.com 3127642749 End Customer: Elgin Police Department Mike Bayard bayard_m@cityofelgin.org (847)289-2574 Contract: 37987- STARCOM 21, IL CMT2028589 Incoterms:CPT Freight Terms:FREIGHT PREPAID Payment Terms:30 NET Line# Item Number Description Qty List Price Sale Price Ext. Sale Price APX TM 8500 1 M37TSS9PW1AN APX8500 ALL BAND MP 100 $5.893.68 $4,302.39 $430.239.00 MOBILE 1a GA09007AA ADD:OUT OF THE BOX WIFI 100 $0.00 $0.00 $0.00 PROVISIONING 1 b GA00580AA ADD:TDMA OPERATION 100 $495.00 $361.35 $36,135.00 1c G51AT ENH:SMARTZONE 100 51.650.00 $1,204.50 $120,450.00 1d GA01203AA ADD:AUXILARY COVERT 100 $66.00 $48.18 $4,818.00 SPKR 10W APX le GA09001AA ADD:WI-FI CAPABILITY 100 $330.00 $240.90 $24,090.00 1f G843AH ADD:AES ENCRYPTION AND 100 $523.00 $381.79 $38.179.00 ADP 1g G444AH ADD:APX CONTROL HEAD 100 $0.00 $0.00 $0.00 SOFTWARE 1h G67EH ADD: REMOTE MOUNT E5 MP 100 $327.00 $238.71 $23.871.00 1i QA03399AA ADD:ENHANCED DATA APX 100 $165.00 $120.45 $12.045.00 0 Any sales transaction following Motorola's quote is based on and subject to the terms and condtions of the valid and executed wntten contract between Customer and Motorola tthea-Underlying Agreement-'r that authorizes customer to purchase equipment and'or services or license software(collectively'Products'.If ra Underlying Agreement exusts between Motorola and customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Saks and Supply shall govern the purchase of the Products. Motorola Solutions.Inc.:500 West Monroe.United States-60661-M:36-1115800 Page 3 Q MOTOROLA SOLUTIONS QUOTE-2148694 APX8500 PD Upgrade Line# Item Number Description Qty List Price Sale Price Ext. Sale Price 1j GA01517AA DEL: NO J600 ADAPTER 100 $0.00 $0.00 $0.00 CABLE NEEDED 1k G806BL ENH:ASTRO DIGITAL CAI OP 100 $567.00 $413.91 $41,391.00 APX 11 GA01670AA ADD:APX E5 CONTROL 100 $717.00 $523.41 $52,341.00 HEAD 1 m W22BA ADD: STD PALM 100 $79.00 $57.67 $5,767.00 MICROPHONE APX 1n W969BG ADD: MULTIKEY OPERATION 100 $363.00 $264.99 $26,499.00 10 G361AH ENH: P25 TRUNKING 100 $330.00 $240.90 $24,090.00 SOFTWARE APX 1p QA01648AA ADD: HW KEY 100 $6.00 $4.38 $438.00 SUPPLEMENTAL DATA 1q GA00250AA ADD: BLUETOOTH/WIFI/ 100 $110.00 $80.30 $8,030.00 GNSS FLEXIBLE CABLE LMR195 1 r GA05509AA DEL: DELETE UHF BAND 100 -$800.00 -$584.00 -$58,400.00 1 s HA00694AA ADD: 7Y ESSENTIAL 100 $604.80 $604.80 $60,480.00 SERVICE HTM 1t G89AC ADD: NO RF ANTENNA 100 $0.00 $0.00 $0.00 NEEDED 1u QA09113AB ADD: BASELINE RELEASE 100 $0.00 $0.00 $0.00 SW 1v GA09008AA ADD:GROUP SERVICES 100 $165.00 $120.45 $12,045.00 2 HKVN4915A LICENSE,LICENSE, RADIO 100 $12.00 $10.80 $1,080.00 ALIAS UPDATE(PER USER) APXT"t 8500 3 M37TSS9PW1AN APX8500 ALL BAND MP 5 $5,893.68 $4,302.39 $21,511.95 MOBILE 3a GA09007AA ADD:OUT OF THE BOX WIFI 5 $0.00 $0.00 $0.00 PROVISIONING 3b GA00580AA ADD:TDMA OPERATION 5 $495.00 $361.35 $1,806.75 3c G51AT ENH:SMARTZONE 5 $1.650.00 $1,204.50 $6,022.50 lirip Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the-Underlying Agreement")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer.then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions.Inc.:500 West Monroe,United States-60661-i1:36-1115800 Page 4 Q MOTOROLA SOLUTIONS QUOTE-2148694 APX8500 PD Upgrade Line# Item Number Description Qty List Price Sale Price Ext. S,1I(t I'iic.c' 3d GA01203AA ADD:AUXILARY COVERT 10 $66.00 $48.18 $481.80 SPKR 10W APX 3e GA09001AA ADD:WI-FI CAPABILITY 5 $330.00 $240.90 $1,204.50 3f G843AH ADD:AES ENCRYPTION AND 5 $523.00 $381.79 $1,908.95 ADP 3g G444AH ADD:APX CONTROL HEAD S $0.00 $0.00 $0.00 SOFTWARE 3h G67EH ADD: REMOTE MOUNT E5 MP 5 $327.00 $238.71 $1,193.55 3i QA03399AA ADD: ENHANCED DATA APX 5 $165.00 $120.45 $602.25 3j GA01517AA DEL: NO J600 ADAPTER 5 $0.00 $0.00 $0.00 CABLE NEEDED 3k G806BL ENH:ASTRO DIGITAL CAI OP 5 $567.00 $413.91 $2,069.55 APX 31 GA01670AA ADD:APX ES CONTROL 5 $717.00 $523.41 $2,617.05 HEAD 3m W22BA ADD:STD PALM 10 $79.00 $57.67 $576.70 MICROPHONE APX 3n W969BG ADD: MULTIKEY OPERATION 5 $363.00 $264.99 $1,324.95 3o G361AH ENH: P25 TRUNKING 5 $330.00 $240.90 $1.204.50 SOFTWARE APX 3p QA01648AA ADD: HW KEY 5 $6.00 $4.38 $21.90 SUPPLEMENTAL DATA 3q GA00250AA ADD: BLUETOOTH/WIFI/ 5 $110.00 $80.30 $401.50 GNSS FLEXIBLE CABLE LMR195 3r GA05S09AA DEL: DELETE UHF BAND 5 -$800.00 -$584.00 -$2.920.00 3s HA00694AA ADD: 7Y ESSENTIAL 5 $604.80 $604.80 $3,024.00 SERVICE HTM 3t G89AC ADD: NO RF ANTENNA 5 $0.00 $0.00 $0.00 NEEDED 3u QA09113AB ADD: BASELINE RELEASE 5 $0.00 $0.00 $0.00 SW 3v G628AC ADD: REMOTE MOUNT 10 $17.00 $12.41 $124.10 CABLE 17 FT APX 3w GA00092AU ADD:APXM DUAL E5 CH 5 $627.00 $457.71 $2,288.55 Clio Any sales transaction following Motorola s quote is based on and subject to the terms and conditions of the valid and executed wntten contract between Customer and Motorola(the'-Underlying AgeemenC')that authorizes Customer to purchase egrapmertt ardor services or license software(collecevefy"Products-.If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Condtions of Saks and Supply shah govern the purchase of the Products. Motorola Solutions.Inc.:Soo West Monroe.United States-60661-k 36-1115800 Page 5 Q MOTOROLA SOLUTIONS QUOTE-2148694 APX8500 PD Upgrade Line# Item Number Description Qty List Price Sale Price Ext. Sale Price 3x GA09008AA ADD: GROUP SERVICES 5 $165.00 $120.45 $602.25 4 HKVN4915A LICENSE,LICENSE, RADIO 5 $12.00 $10.80 $54.00 ALIAS UPDATE (PER USER) APXTM Radio Management RADIO MANAGEMENT 5 T7914A RADIO MANAGEMENT 1 S0.00 $0.00 $0 00 ONLINE 5a UA00049AA ADD: RADIO MANAGEMENT 105 $110.00 $80.30 $8,431.50 LICENSES ONLINE Grand Total $918,140.80(USD) Notes: • Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices. 0Any Saks Uansxoon fdlovnry Motorola's quote is based on and subject to the terms and condtions of the vald and executed written contract between Customer and Motoroa the-Undertymg Agreement"'r that author zes Customer to purchase equpment and'or sect or license software(coNectrvely-Products').If no llnder�nng Agreement er�zts between Motorola and Customer.then Motorola s Standard Terms of Use and Motorola's Standard Terms and Condbons of Sales and Supply shall govern the purchase of the Products. Motorola Solutions.Inca 500 West Monroe.United States•60661-0:36-1115800 Page 6