HomeMy WebLinkAboutAgenda Report - April 21, 1982 (42)0
Continued April 21, 1982
199
s� toter .o3 recon-33n1F''ndaation $rorty C1 rPcor'dl%Y'tendin':)
the award to Motorola was included in information
provided council . It should be noted this new system
is capable of interfacing with San Joaquin County
Sheriff.
In addition, it is recommended the City purchase two
10 - hour battery components for hand-held radio at
$19.00 each plus tax. TCI's letter also includes an
expianation for a great part of the additional costs.
Also. the City needs to purchase 3 time stamps for
each of the consoles, run underground conduit from
the equipment room to the Police facility for emergency
power, and do some minor carpentry work.
Total Requirements:
Ba se Bid $131, 059. 20
2 high capacity batteries 40.28
Time stamps & underground Conduit 2, 500.00
$133, 599. 48
Council has previously appropriated $101. 710 for this
purpose. Therefore, additional funds in the amount of
$31.889. 48 are required.
The City has sufficient unappropriated Revenuing
Sharing Funds to allow for this additional. expenditure.
Additional information concerning the subject was
provided by Dr. Henry L. Richter, President,
TeleCornm Consultants, Inc.
PURCHASE OF POLICE Following additional discussion with questions being
AND FIRE RADIO directed to Staff, and to Dr. Richter. Council, on
EQUIPMENT APPROV- motion of Councilmember Orson, Snider second,
ED appropriated $31,900 from Revenue Sharing Funds
for the purchase of Public Safety Rad'i'o Equipment.
RES. NO. 82 -3 9 Further, on motion of Mayor Pro Tempore Murphy,
Olson second, Council adopted Resolution No. 82-39
authorizing the purchase of Public Safety Radio
Equipment in the amount of $131,099.48 from Motorola
Communications and Electronics, Inc. and authorizing
the Mayor and City Clerk to execute the Agreement with
Motorola Communications and Electronics, Inc. for
the purchase of the subject equipment on behalf of the
Citv_
April 26, 1982
Mr. Gene Delaney
Motorola, Inc.
1301 E. Algonquin
Schaumburg, Ill. 60196
Dear Mr. Delaney:
Enclosed please find an original and two copies of
the Communications Equipment Agreement between
Motorola Communications and Electronics, Inc., and
the C,ty of Lodi entered into on April 21, 1982.
Please execute this agreement and return the
original and one copy to this office at your
earliest convenience.
Also enclosed is a certified copy of Resolution
No. 82-39, "Resolution Authorizing the Purchase of
Public Safety Radio Equipment", which was passed and
adopted by the City Council of the City of Lodi in a
regular meeting held April 21, 1982.
Very truly yours,
Alice M. Reimche
City Clerk
AR: dg
Enc.
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COMAIUNICATIOUS EQUIPMENT AGREEMENT
THIS AGREEMENT, made and entered into this _21st
day of April , 1982, by and between MOTOROLA
COMMUNICATIONS AND ELECTRONICS, INC., hereinafter referred
to as "MOTOROLA", incorporated as an Illinois corporation
and located in Schaumburg, Illinois, and CITY OF LODI, a
municipal corporation, hereinafter referred to as "CITY".
W I T N E S S E T H:
WHEREAS, the CITY desires to purchase a
Communications System; and
WHEREAS, the parties hereto wish to enter into an
agreement pursuant to which MOTOROLA shall perform the work
and furnish the equipment and services as more particularly
described herein for the consideration and upon the terms
and conditions as herein provided;
NOW, THEREFORE, in consideration of the premises and
mutual covenants herein contained, the parties hereto agree
as follows:
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Article 1. ORDER OF PRECEDENCE.
This Agreement shall consist of the following
Documents":
(A) This AGREEMENT
(B) ATTACH14ENTS thereto, including but not limited
to:
(A) MOTOROLA Proposal, dated April 1, 1982
(B) County of San Joaquin's Specification,
dated February 16, 1982
On file in the office of the San Joaquin County
Purchasing Agent
Ir, the event that any discrepancy shall exist among
between the Contract Documents, the inconsistency
shall be resolved by giving precedence to the
Contract Documents in the order listed above.
Article 2. PRICE AND,.PAYMENT SCHEDULE
MOTOROLA agrees to sell all of the equipment and
perform the services as outlined in the attachments
Items 69 through 78F except that Item 73 shall
include two units with 10 -hour batteries, and CITY
agrees co buy the aforementioned equipment and
services for the sum of One Hundred Thirty One
Thousand Ninety Nine Dollars and Forty Eight Cents
($131,099.48).
Payment Schedule to be:
+.:>fif• r ,. ,�J �';. f,','+!` � .kit b�..i3,'_f, x-24' 9b'���E;'q�'"' ..ry'tz .i'}k�lucy, .�+P�r :�� Ki "' r3 �:3'e .. f z.,;`'.. �`"..
(A) Eighty percent (808) of equipment cost for the
items delivered to the MOTOROLA Service Station
during -a
(B) Tera pezcerat �10`1) of t'quipiii-- 1n '. c:ost and t12Li
installation cost for the items installed during a
month.
(C) Balance of monies due as each segment of the
system is accepted.
MOTOROLA will bill the CITY no more than once a
month for the work performed in the previous month.'
Payment due NET THIRTY (30) DAYS after invoice date.
Article 3. SHIPPING.
All sales and deliveries are FOB Lodi, California.
MOTOROLA reserves the right to make deliveries in
installments and the contract shall be severable as
to such installments. MOTOROLA shall retain title
to the articles until CITY makes full payment.
AP'Car delivery to the FOB point, risk of loss and
dauiag€e to articles shall be borne by CITY.
All packaging and packing shall be in accordance
with good commercial practice.
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4
Article 4. TAXES.
Th3� 'orices set forth hare' n, :'1r, of ,F,;..,,3
:...
or , l„'Cs;I ,_; x 3. s .,.i ..31':�=:.i a>
lease, gross income service, rental, use, property,
occupation, or similar taxes. If any other taxes
are determined to be applicable to this transaction
or MOTOROLA is required to pay or bear the burden
thereof, the CITY shall pay to 140TOROLA the amount
of such taxes and any interest or penalty thereon no
later than thirty (30) days after receipt of an
invoice therefor.
Article 5. CHANGES.
CITY may, by written order, make changes within the
general scope of this contract, in one or more of
the following.:
(A) Specifications, where supplies are to be
specifically made for CITY in accordance therewith.
(B) Method of shipment or packing.
(C) Place of delivery.
Lf any change causes an increase or decrease in the
cost of or time required for the performance of any
part of the work under this contract, an equitable
s
adjustment shall be made in the contract price or
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■i
delivery schedule, or both, and the contract shall
be modified in writing accordingly. MOTOROLA is not
obligates to cz,r;�ly with any orcler-
and until the parties reach agreement as "® ch
aforementioned equitable adjustment and same is
reflected as an addendum to this contract.
Article 6. HOLD HARMLESS.
MOTOROLA covenants and agrees to indemnify and hold
the CITY harmless from all liabilities, judgments,
cost, damages and expenses which may accrue against,
be charged to, or recovered from the CITY by reason
of or on account of damage to the property of the
CITY or the property of, injury to, or death of any
person, when such damage or injury is caused by
MOTOROLA's sole negligence or that of its employees,
subcontractors or agents while on the premises of
the CITY during the delivery and installation of the
communications equipment. IN NO EVENT WILL MOTOROLA
BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES.
Article 7. EXCLUSABLE DELAYS.
Neither the CITY nor MOTOROLA shall be responsible
for delays or lack of performance resulting from
-5-
acts beyond the control of the party or parties.
Such .acts shall include but not be limited to acts
laws, loss of goods in transit, default of
suppliers, fires, riots, acts of war, or any other
conditions beyond control of the party or parties.
Delays as identified herein may cause an impact to
schedule/cost which will therefore be subject to
contract modification described in Article S
"Changes".
Article 8. TERMINATION FOR CONVENIENCE.
The CITY may terminate this AGREEMENT, solely at the
convenience of the CITY. in the event that MOTOROLA
is unable to comply with the delivery and/or
installation schedule in accordance with the
attachments hereto, due to causes covered under
Paragraph 7, immediately preceding. In the event
that the CITY chooses to terminate this agreement
solely for the convenience of the CITY, the CITY
shall pay MOTOROLA for equipment and services
provided to the date of termination and reasonab'.e
costs which may be borne by MOTOROLA for termination
of subcontracts, removal of installation and test
-6-
:10
equipment, and other cost directly related to an
unforeseen and abrupt termination.
Article 9. DEFAULT.
If MOTOROLA fails to make delivery or complete
installation in accordance with these CONTRACT
DOCUMENTS, the CITY may consider MOTOROLA to be in
default, unless such delays have been caused by the
conditions covered under Paragraph 7 of this
AGREEMENT. The CITY will give written notice to
MOTOROLA of such default and MOTOROLA shall have
thirty (30) days to provide a plan of action to cure
'<<�
such default. If MOTOROLA fails to cure such
"-
j default to the satisfaction of the CITY, the CITY
x�F:
may, at its option, terminate any unfulfilled
I portion of this AGREEMENT or complete the system
�rxf3
through a third party. In the event the CITY
�yti
completes the system through a third party, MOTOROLA
� 4
shall be responsible for an amount excess of the
.in
t4
contract price, not to exceed the value- of the
t ter;
h'
t terminated portion incurred by the CITY in
completing the system to a capability not exceedin5
y_v
that specified in this Contract and Attachments.
MOTOROLA SHALL NOT BE LIABLE FOR ANY SPECIAL,,
CONSEQUENTIAL, INCIDENTAL OR LIQUIDATED DAMAGES.
_7_
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Article 10. DELAYS BY CITY.
If delays by the CITY cause the installation -11
Contract Documents, to be rescheduled beyond these
limits, the CITY shall be liable only for actual
costs incurred by MOTOROLA resulting from these
delays. Such charges may include, but are not
limited to, rescheduling charges by the equipment
vendor; storage charges; and maintenance charges.
Article 11. LICENSESIAUTHORIZATIONS,
The CITY is solely responsible for obtaining any
licenses or other authorizations required by the
Federal Communications Commission and for complying
with F.C.C. rules. Neither MOTOROLA nor any of its
employees is an agent or representative of the CITY
in F.C.C. matters or otherwise. MOTOROLA, however,
may assist in the preparation of the license
application at no charge to the CITY. CITY
acknowledges that system implementation is predicted
on proper F.C.C. licensing.
-8-
Article 12. USE BEFORE ACCEPTANCE.
Should the C'.',T'Y commence use, of tlPla s�a ate -m o
other than for the express purposes of training or
testing, prior to system acceptance, final payment
for said system or sub -system shall be due net
thirty (30) days. The warranty or maintenance
periods for such equipments put into use, unless
warranty or maintenance has already begun, shall be
deemed to have commenced concurrently with the use
of the equipment for its intended purpose. The use
of the equipment for its intended purpose shall be
deemed to have occurred whom the CITY commences to
use and rely primarily ort the equipment for its
communications.
Article 13. 'LEGAL INTERPRETATION.
This Agreement and the rights and duties of the
parties shall be governed and interpreted according
to the laws of the State of Illinois.
Article 14. CITY'S OBLIGATIONS.
The CITY shall provide the following:
(A) A designated Project Director.
M&M
(B) Ingress and egress to CITY's operations
building as requested by the Contractor.
(C) Requir-
space humidity and air filtration to the CITY's
Communications Center rooms for all necessary
equipment as specified.
(D) Reasonable facilities such as, but not limited
to, secure storage space, a designated work
area with adequate heat and light, and access
local telephone line. The facilities are to be
provided upon request and at no charge to the
Contractor.
(E) Day-to-day normal system operation, after
installation completion, which include all
tasks covered by the System manager's and
System Operator's manuals.
(F) Such other obligations as defined in these =y
Contract Documents.
Article 15. AGREEMENT ACCEPTANCE.
This Agreement shall not be valid and binding upon �a
MOTOROLA until accepted and executed by an officer
of MOTOROLA.
_10-
Article 16. DISCRIMINATION.
MOTOROLA shall comply with the California Fair
Employment Practices Act (Labor Code Section 14108
et sego 3 ;: ? :zr.
u ). s;i1
may, at the option of the CITY, be terminated or
suspended in whole or in part in the event MOTOROLA
fails to comply with the non-discrimination clause
of this statute. In the event of termination under
this Paragraph, MOTOROLA shall be compensated for
goods and services provided to the date of
terminatAon. Termination or suspension shall be
effective upon receipt of written notice thereof.
Article 17. MISCELLANEOUS PROVISIONS,
(A) MOTOROLA agrees to provide the CITY with a
Spare Parts List, which list shall be a part of
this Agreement and incorporated herein as
though set forth verbatim and made a part
hereof.
(B) MOTOROLA represents that it is a corporation
duly licensed to do business in the State of
Illinois.
(C) MOTOROLA shall forward CITY a duly certified
resolution which shall state it has the
authority to enter into and execute this
Agreement.
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'A
Article 18. FULL AGREEMENT.
This AG1XZE'-1ENT and ATTAC-1-IMMTS constitute tha flrazal
P,Iftiej.
intended as a complete and exclusive statement of
the terms of their agreement, and it supersedes all
prior and concurrent promises, representations,
negotiations,, discussions and agreements that may
have been made in connection with the subject matter
hereof.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals this 21st day of
April —, !y 8 2.
CITY (W -LORI, a municipal corporation
B
L
FRED REID
---
MAYOR
ATTEST:
CITY CL&W
MOTOROLA Communications and
Electronics, Inc.
12.
By
5
•
66) 2
NICAD BATTERY RECYCLING DEVICE
4.9.
1,212.00
SEf
67) 1
WALL -MOUNTED STATUS MAP
8,550.00
68) 55
3-YFAR WAMANTY
..i a�f1 •ti 6}�L� J:; ,o.»3LJ�j'i:odb� �°I�. �IJ 6'.idi)dJJs_a..ik de.la va L��1 �b3i] �tiv 493 :.ye53+1
TRAINING (SAN JOAQUIN COUNTY)
>t
LODI
}
69) 1
PD DISPATCH CONSOLE 11
3.4.1
4.2
15,803.00
70) 1
PD DISPATCH CONSOLE f2
3.4.1
4.2
11,754.00
71) 1
FIRE DISPATCH CONSOLE
3.1.2
4.2
-10,544.00
71B)
8,851.00
,
INSTALL CONSOLES
n
71A) 3
CHAIRS
897.00.
f•
` 72) 20
PD MOBILES (MILSYNTOR)
3.4.1
4.9
27,240.00
i
72A)
OB
INSTALL 20 MILES, FCC CERTIFY 14 PORTABLES, INSTALL 4 CNARGE'�tS
2,371 00
73) 14
PD PORTABLES (MXlMPR)
3.4.1
4.9
21,.224.00
i
E ,
74) 4
SINGLE UNIT CHARGERS
284.00
t:
75) 1
12 -SLOT CHARGING SYSTEM
582.00
76) 1
CONVERT EXISTING PD BASE TO COUNTY FIRE
-
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MUTUAL—AID FREQUENCY NON—TAXABLE/INSTALLATION
3.4.2
373.00
p>
77) 1
PD VMME RELAY
3.4.1
4.4
4_165.0
77A)
INSTALL
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78) 1
FIRE BASE STATION T2 -2R I
3.4.2
4.12
3,527.00
rte.
TCI
•1921REVISION B
PAGE 2-16
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78A) INSTALL
78B) RELOCATE EQUIPMENT ROOM LODI PORTION
(NON-TAXABLE/INSTALLATION) COUNTY PORTION
480.00
3.4.3 3,884.00 ._..
3.4.3
780 CONVERT BIGHBAND RADIOS TO FIRE FREQUENCY 154.010
(NON-TAXABLE/INSTALLATION)
78D) AM ADDITIONAL FREQUENCY, 154.070
(NON-TAXABLE/INSTALLATION)
78E) INSTALL CONVERTED HIGHBAND RADIOS
78F) PROJECT MANAGEMENT, FIELD �
STING DOCUHENTATIIIN`, NG (LODI )
ENGINEERING, TESTING,
7 9) 1 CONTROL STATION -- EMCC S �-� 3.9
80) 1 CONTROL STATION -- LEC 3.9
81) 1 CONTROL STATION -- RMC 3.9
82) 2 TONE REMOTE -- LEC, EMCC
83) 1 TONE REMOTE -- RMC
84) 3 MOBILE RADIO -- EMCC, LEC, RMC
85) 1 MOBILE RADIO -- QIP
86) 1 MOBILE RADIO -- MED, BEAR, OES
87) 1 MOBILE RADIO -- FIRE
88)
1
MOBILE
RADIO --- LG
8 9)
1
MOBILE
RADIO -- S'TOCKTON PD
90) 1 MOBILE RADIO -- SO
TCI *192/REVISION B
3.9
3.9
3.9
3.9
3.9
3.9
3.9
3.9
3.9
41
>�_QO
` 4k.00
6,230.00
4.S 4,943.00
4.5
4,943.00
4.5
3,186.00
t=
4.16
736.00
9
4.16
373.00
4.8
4,734.00
4.14
1,889.00
4.13
1,889.00
.
4.13
1,433.00
s
Y
4.10
1,557.00
4.8
1,578.00
4.8
1,362.00
PAGE 2-17
o
RESOLUTION NO. 82-39
RESOLUTION AUTHORIZING THE PURCHASE OF PUBLIC
SAFETY RADIO EQUIPMENT
RESOLVED, that the City Council of the City of Lodi
does hereby authorize the purchase of Public Safety Radio
Equipment in the amount of $131,099.48 from Motorola
Communications and Electronics, Inc., pursuant to information
and recommendations attached hereto identified as Exhibit "A"
and thereby made a part hereof.
BE IT FURTHER RESOLVED that the City Council does
hereby approve Communication Equipment Agreement dated April
21, 1982 between the City of Lodi and Motorola Communications
and Electronics, Inc., for the purchase of the subject
equipment and does authorize the Mayor and City Clerk to
execute this agreement on behalf of the City.
Dated: April 21, 1982
I hereby certify that Resolution No. 82-39 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held April 21, 1982 by the following
vote:
Ayes: Council Members - Olson, Murphy, Pinkerton,
Snider and Reid
Noes: Council Members - gone
Absent: Council Members - None
&t W A HE
ALICCity Clerk
82-39
A— I
MEMORANDUM
To: Honorable Mayor and City Council
From: Assistant City Manager
Subj: Purchase of Public Safety Radio Equipment
Date: April 19, 1982
RECOMMENDATION:
The City Council authorize the purchase of Public Safety
Radio Equipment in the amount of One Hundred Thirty One
Thousand Ninety Nine Dollars and Forty Eight Cents
($131,099.48) from Motorola Corporation and appropriate
Thirty One Thousand Nine Hundred Dollars ($31,900) from
Revenue Sharing Funds.
BACKGROUND:
The City's Police Radio System was designed and installed in
1967. The system at that time was capable of serving the
needs of our mobile units patrolling approximately six
square miles.
Since that time, the City has grown and the ability of our
mobile units to transmit and receive each other is greatly
restricted by distance and structural interference. The
hand-held units encounter restrictions much more sever than
the mobile unit because the officers are frequently inside
buildings or other enclosures which severly curtails their
effective range.
A second problem has been created by the limitation of a
single channel for a Police Department our size.
San Joaquin County Sheriff's Department likewise has
experienced the same difficu'.ties and contracted with
TeleComm Consultants, Inc. (TCI) to evaluate and make
recommendations to improve their radio communications
system.
In January 1981, the City of Lodi contracted with TCI to do
a needs requirement and system design o.` our Police radio
communication system. In the summer of 1982, the City
authorized the preparation of specificatiois and authorized
San Joaquin County Purchasing Agent to advertise for
equipment for the City of Lodi. At that time, we were given
an estimate of approximately $95,000 to purchase the
necessary equipment to install a new Police radio
communications system.
In February 1982, the final draft of specifications was
approved. On April 2, 1982, bids were opened and the low
bidder was Motorola Corporation. Two bids were received:
Motorola $131,059.20
Wismer and Becker $187,871.00
Attached hereto is a letter of recommendation from TCI
recommending the award to Motorola. It should be noted this
new system is capable of interfacing with San Joaquin County
Sheriff.
In addition, it is recommended the City purchase two 10 -hour
battery components for hand-held radio at $19.00 each plus
tax. TCI's letter also includes an explanation ftr a great
part of the additional costs.
Also, the City needs to purchase 3 time stamps for each of
the consoles, run underground conduit from the equipment
room to the Police facility for emergency power, and do some
minor carpentry work.
Total Requirements:
Base Bid $131,059.20
2 high capacity batteries 40.28
Time stamps & underground conduit 21500.00
$133,599.48
Council has previously appropriated $101,710 for this
purpose. Therefore, additional funds in the amount of
$31,889.48 are required.
The City has sufficient unappropriated Revenuing Sharing
Funds to allow for this additional expenditure.
Also attached hereto are two letters from TCI which gives
more detailed background information.