98-287 Resolution No. 98-287
RESOLUTION
AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH
MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC . FOR LAPTOPS
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 Communications and
Electronics, Inc . to maintain laptop computers for the Elgin
Police Department, a copy of which is attached hereto and made
a part hereof by reference.
s/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: December 2 , 1998
Adopted: December 2 , 1998
Omnibus Vote: Yeas 4 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
I
-,LA 1-,,,;)-247-2346 SERVICE AGREEMENT 'I `;k, , , , A
Communications and Electronics Inc. bb~,�4,, '
(PLEA4t PRDTAI SIC CODE 'oat `Y`1�a° r; •. t5.`
1309 East Algonquin Road Date: 24-JuI-98 CUSTOMER/AGREEMENT `T , "',2° { r >;;
Schaumburg, Illinois 60196 , ORDER#: 33150714600216FS .r� z,
CUSTOMER NAME Elgin;City of
. CUSTOMER#: 1000260737
BILL TO : .. EQUIP AT.
ATTN: Lori Moses
. . . t' TAG//:. 4 TAO# (CIRCLE ONE)
BILLING ADDRESS 151 Douglas Avenue
• I l COVERAGE PLUS ,:
I l D.A. ,
CITY: Elgin STATE IL ZIP: 60120 ,
J., .., DIVISION CD (Central Division) PAGE 1,-'OF_2
.':` , • . :,CUSTOMER CONTACT: Lori Moses -
,CONTRACT START DATE: AUTO RENEWAL: EXPlitATION DATE:.
9//98 vts 1111111 NO 10/31_ CUSTOMER PHONE#: 847-289-2770
`),)J "`fir 1 .._ W}QI TUfalASS.lSAUlirl.O/r Mu,4SJ,. £ls= omu ra UN rN[Wn flat AAJMNIS,z Sgnurrwsu.uirvs MILL=u:.r*ZY.r liwu uuN
. 3 r..www�,,r. .s..nr.ww.w..wrr.u...0 w.ua�.rrw: ..r••_-•a.n..n.r..va.�uw.w.a•_..___,. raw..aaw....r..
. -PLI.CX tilt s KVICE - MONTHLY SVC AMOUNT ..w w.,.,..,..,..,,.,.A,,....,w.
'inDM'NUMB ERIAL C91"°m ''C O° SVC CU S'WALINSTRUrnan First Echelon-Only(definition attached)
QIV M t/DESCRLIPIiON LOCAmrN auvs•sN four PER UNIT EXTENDED
51 Hammerhead Computers x $27.00 $1,377.00 'Service Performed by. . Motorola Midwest Heglan CL400
Keyboards,interface box& - -
mounts
Serial Numbers: HOURS OF SERVICE: Pi Monday- n aye -
839,963,1728,1761, .
1771,1774,1775,1776, -
1781,1783,1784,1785, .
P:, ......':, • 14
_
2350,2352,2353,2354, SCR#: 1035557224
• 2355,2356,2357,2358, . CITY: STATE: IL.
2359,2360,2361,2362, (PLEASE SPECITY SVC CFR NAME(S),
2363,2364,2365,2366, • SPLIT SUBCONTRACT: [ I YES EQUIPMENT AND DOLLARS)
2367,2368,2369,2370, _ . .
2371,2382,2383,2387, X NEW [ )SUPERSEDE
2368,2389,2470,2474, AGREEMENT. - AGREEMENT NUMBER(S):
2475,2481,2482,2483, Air.l.r .r midair.tMruRVIC AGREMIDIT.rrrwar doe maw Ada
2484;2485,2486 . , . .
' X Ar" IC 2, 1Q414-1..._____.
A... r j • , le, TURE/P..o TITLE DATE
TOTAL PER
MONTH $1,377.00 IS P.O. • '1? 1 YES, ACII P.O. I [NO
•PAYMENT CYCLE: TAX EXEMPT: .., TAXES
.1. •••, •
1. 6• f 1 YES,ATTACH EXEMPT TOTAL - _ -1/
I_] SEMI-ANNUALLY CERTIFICATE TH.MOVE SWIM=Amain Itt• OROLA S CE ADMIN. REPRESENTATIVE(SIGNATURE) TELEPHONE# '
I I QUARTERLY [ ] NO xiRAJ=TO MIL•LOCAL
MONTHLY(AFT) UIWOA7f0/LTIOflt,TO.R REP NAME
Ir, OTHER(SPECIFY IN SPECIAL INSTRUCTIONS) rusNm.rnoTa b..A. MOTOROLA SALES/SERVICE REPRESENTATIVE(PRINT NAME) PAGER#
' NATIONAL SERVICE rU.UNG COPY(white) - '
CUSTOMER COPY(yellow)
•.
.c AGREEMENT is entered into by and between Motorola,Inc.("Motorola')and the customer SECTION 8 WARRANTY • • • • warrants that its Services under this Service Agreement we be fre
.iris-Agreements Attachments(`Customer'). of defects in materials and workm- : '•fora period of ninety
SECTION 1 DEFINITIONS "Service Agreement"means this Service Agreement and its Attachments; (90) beyond or expiation or US Service of this Agreement. Customer's sole medics are to require Motorola to re-perform the affected Service c
"Equipment'means,colectively and in part,the communication equipment that is specified in the Attach- to refund,on a pro-rata basis,the Sei*e fee paid for the affected Service.'MOTOROLA DISCLAIMS AL
merits or that is subsequently added to this Service Agreement OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING,WITHOUT LIMITATION;THE IMPLIEI
SECTION 2 ACCEPTANCE The terms and conditions set forth!in this Service Agreement and in At- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. . ,;.
tachments oil become the Service Agreement only when aclonowe$e4iged and accepted in writing by Mo- SECTION 9 CERTIFICATION I ti ' ! ER Unless signed by a Motorola authorized signatory,Mr
torole's Schaumburg,Illnois Service Department torola specificaly disclaims al• •,•: • : regarding the manner in which Motorola conducts is business r
SECTION 3 SERVICE DEFINED A. Motorola agrees to provide)services for the Equipment as sped- performs its obligations under this : •• Agreement
lied in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of equal SECTION 10 DEFAULT/TERM{ •TiON A. Customer agrees to provide Motorola written notice r
quaity that are new or are warranted as'Tike new"we be used; (I) the Equipment we be Serviced at levels any default of this Service Agreement to state the nature of the default. Noncompliance with regulator
set forth in Motorola's product Manuals; and(7 routine service proce)lures that are presented from time to laws ordisadvantaged business enti*requirements may not be cause for default If Motorola does not as
time by Motorola for its products we be folawed. B. Al communicatidn equipment purchased by Customer the default within sixty(60)days, mer may terminate that portion of the Service Agreement that is i
from Motorola("Additional Equipment')that is part of the same Comm' system or of similar type as default by giving Motorola thirty days, prior written notice. B. My dispute we be resolved by.mufs
the Equipment covered under this Service Agreement we be automhli$ dried to this Service Agreement agreement C. Neither party is for delays or lack of performance resulting from any courses such a
and we be bled at the applicable rates after the warranty period expired. Motorola may also provide • strikes,material shortages,or acts God that are beyond that party's reasonable control.
additional services("Above-Contract Services')at Customer's request that vW be bled at Motorola's then SECTION 11 UMITATION OF LIABILITY Notvithstancing any other provision,Motorola's total liable
applicable service rates. C. Al Equipment must be in working r on the Start Date of the Service ._ for losses,whether for breach of contract,negigence,indemnity,warranty,or strict lability in tort,is lmtited t
Agreement or at the time the Equipment is added to the Service eement Customer must provide a the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE UABLE FOR LOS
complete serial number and model number*et either prior to the rt Date or prior to the time that the-, OF USE,LOSS OF TIME,INCONIJENIENCE,LIQUIDATED DAMAGES,COMMERCIAL LOSS,LOS
Equipment is added to the Service Agreement and must indicate in Attachments any Equipment that is PROFITS OR SAVINGS, OR OTt�{iER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIA
labeled intrinsically safe for use in hazardous environments. D. Gusto must immediately notify Motorola DAMAGES TO THE FULL EXTEN1j SUCH MAY BE DISCLAIMED BY LAW.
In writing when anif Equipment is lost,damaged,or stolen." Custo s obligation to pay Service fees for SECTION 12 EXCLUSIVE AND CONDITIONS A. Customer acknowiedges that the SeMc
such Egtipmert will terminate at the end of the month in which Motor receives such written notice. E. If Agreement supersedes al
prior conarrent agreements and underatanxirgs,whether written or ore
Equipment cannot,in Motorola's opinion,be properly or economicaiy senficed for any reason inducing ex- related to the services performed.- Service Agreement or Attachments may not be altered,,,amender
cessive wear,unavalabiey of parts,the state of technology,or the pr feasdlty of the
scope of Sere- or modified except by a written a rent signed by both parties. B. Customer agrees to reference th
ices as specified in the Attachments or Motorola Statement of Work,Motorola may (1)modify the scope of Service Agreement on all purchase qrders issued pursuant to this Service Agreement. Neither party will b
Services related to such Equipment(2)remove such Equipment from Service Agreement; or(3)increase bound by any terms contained in Cuustomer's purchase order or elsewhere (even if It is attached to th
. the pace to Service such Equipment F. Customer must notify idotbrola or Motorola's Subcontractor inn- Service Agreement). In the event of a coniict between the main body of this Service Agreement and ar
medately of tiny Equipment faire. Motorola we respond to Customer's notification in a manner consistent Addenda or Attachments,the main body of this Service Agreement will take precedence,trtiess the At
with the level of service puthased as indicated in the Attachments. 1. - dendum or Attachment specifically states otherwise.
SECTION 4 EXCLUDED SERVICES A. Service does not:include the repair or replacement of SECTION 13 - FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely respond*fr
Equipment that has become defective or damaged due to physics or chemical misuse or abuse from obtaining licenses or other authorizations required by the Federal Communications Commiesion("FCC' r
causes such as Vining, power surges: or liquids. B. Unless specifically included in the Attachments, any other federal,state,or local government agency and for complying with all Holes and regulations require
Service does not include repair or maintenance of any transmission(ire,antenna,tower or tower ighting, by such agencies. Neither Motorola nor any of Its employees is an agent or representative of Customer I
duplexer,combiner,or multicoupler. Motorola has no obligation or responsibility for any transmission me- any governmental matters.
turn,such as telephone Ines, computer networks,or the worldwid: web, or for Equipment malfunction SECTION 14 OWNERSHIP OF 1 LLECTUAL PROPERTY A. This Service Agreement does ni
caused by such transmission medium. C. Unless specifically' •, • in the Attachments, Service of grant directly or by impication,esto or otherwise,any ownership rigid or license under any Motorol
Equipment does not include items that are consumed in the course • normal operation of the Equipment, patent,copyright,trade secret,a ntelectual property inducing any intellectual property created as
such as,but not Kinked to,batteries,magnetic tapes,and computer= •• D. Service does not include result of or related to the products or Services performed under this Service Agreement B. Motorol
reprogramming of Equipment accessories, belt tips, or battery • : • :; custom or Special Products; - 'receives the right to Emit access to ita confidential and proprietary informafion tidudrg cost and prloiig date
modified units;or software, a Service does not include .- •.i• programs,software support,repro- ' SECTION 15 GENERAL TERMS A. if any cart renders any portion of this Service Agreement trier
gramminng or modifications to Equipment related to assuring the corr4ct processing,providing,or receiving forceable,the remaining terms we continue i►fun force and effect. B. THIS SERVICE AGREEMENT ANi
of date data from,into,or between the year 1999 and the year 2000. THE RIGHTS AND DUTIES OF trHE PARTIES WiLL BE GOVERNED AND INTERPRETED II
SECTION 6 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and oblige- ACCORDANCE WiTH THE LAWS OF THE STATE OF IWNOIS. C. False to exercise any right we nr
tions under this Service Agreement and may subcontract any portion'of Motorola's performance caled for operate as a waiver of that rigid,power,or priviege. D. Except for money due upon an open account,n
by this Service Agreement
i action may be brought for any breach of this Service Agreement more than one(1) year alter the accrual c
SECTION 6 TIME AND PLACE OF SERVICE Service we be prbvided at the location specified in the such cause of action. E. The Service Agreement wil begin on the Start Date specified in the Attachment
Attachments, When Motorola performs service at the Equipmerfs Customer agrees to provide This Service Agreement wit renew, an additional one year term,on every anniversary of the Start Dal
Motorola,at no charge,a non-hazardous environment for worts with defter,heat,ig t,and power and with unless either party notifies the other oq its intention to discontinue the Agreement within thkty.days:of that ar
full and free access to the Equipment. Customer we provide at inforrhatieon pertaining to the hardware and niversary date,F.-if Motorola provides Service after the termination or expiation of this Agreement,th
software elements of any system with which the Equipment is interfacing that enable Motorola to.perform its .- terms and cordtons and arir,prices;in effect at the time of the terrrrination or expiation we apply to is
oagnlone under this ServlceiAgreement. Unless otherwise specifibd•in-the Attachments, the hoes of Service.,- .. ... I . •••v;.+,„h:i:i• ' i
Service we be hours of 8:30 a.m.to 4:30 p.m.,excluding weekends and holidays. i SECTION 7 PAYMENT Motorola wit invoice Customer in advanbe for each payment period. Al other 1 ti.r;:=n;;
charrgges��.t d ,and CustomeLm ust pay each invoice , thirty(30)days of the-I Invoice date. !t Vii.:' -' ' i
designated by..Motorola. Customer agrees.,• reimburse Motorola for at.property , • 'c...
totes,sales and use tens,excise taxes,and other taxesaor . --. .. -i; _ i
c lee tames of Motorola)now or hereafter Imposed (except income,Intl,and iron.. ,_ ;.•_
Motorola does not by this Posed on this Service � ■ :errhent by any governmental erndty. •� •
Agreement make any price guarantees except as stated in the Order Form.
•
Revision Date 3/
Agenda Item No.
— City of Elgin
C4'11 k
November 12 , 1998
TO:
Mayor and Members of the City Council
FROM: Joyce A.
Parker, City Manager
SUBJECT: Motorola Service Contract for Laptops
for the Police
PURPOSE the Mayor and
___ -- provide an
he City Council with to consider
The purpose to
members of the City Inc . for a service contract
agreement with Motorola,
maintain laptop computers for the Elgin Police Department .
51 laptop
Department currently operates with
The Police Dep s in most cases
computers installed in squad cars. The laptops The laptops
are under operation as much as 24 hours per placed
(or are a component of the CAD System
1997 ndthewhen
unitsoriginally
u der a
into operation in December
one-year warranty. There is need for the units to be main-
tained on a regular basis by skilled
provides the
constant use they undergo. Motorola P m
other components of the radio system and accessory equipment
associated with the laptops such as the docking station,
keyboard printer and modem. A contractual price was requested
for this work instead of paying for it on an hourly basis to
provide for maintenance in a timely manner, and to avoid
paying higher service costs inherent with hourly rates. The
hourly charge for Motorola to maintain the computers without a
formal service maintenance agreement is $125 . The recent
experience indicates this work takes an average of 20 hours
per month. The contractual cost represents a significant
savings of almost 500 of the regular hourly charges .
GROUPS/INTERESTED PERSONS CONTACTED
Emergency Telephone System Board
Department . (ETSB) and the City' s MIS