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HomeMy WebLinkAbout1999-01-05; City Council; Resolution 99-131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE COMMUNICATI( SYSTEM AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MOTOROLA, INC. FOR THE PURCHASE OF PHASE 11, PART 2 RADIO EQUIPMENT, AND APPROVING A PLAN FOR THE FINANCING OF PAST CURRENT REGIONAL COMMUNICATIONS SYSTEM EQUIPMENT PURCHASES AND APPROPRIATING FUNDS THEREFOR. WHEREAS, the City of Carlsbad is a participating agency in the Regional Communications System; and WHEREAS, on November 12, 1996, The City adopted Resolution N 383 approving the Communications System Agreement with Motorola, Ir and WHEREAS, on November 18, 1997, the City adopted Resolution N 694 approving Communications System Agreement Amendment No. 1; : WHEREAS? a second amendment to the Communications System Agreement is required to purchase Phase 11, Part 2 radio equipment; anc WHEREAS, all proposed Phase 11, Part 2 equipment purchases wil reviewed and approved by the Regional Communications System Board Directors or designee pursuant to the Regional Communications Systerr Agreement; and WHEREAS, City of Carlsbad continues to require the services of Motorola to provide the necessary equipment and communications systc services for acquisition and/or installation of Carlsbad's equipment complimentary to the 800 MHz Regional Communications System; and I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I 0 e WHEREAS, it is necessary and desirable to provide Phase 11, Part services and equipment; and WHEREAS, lease-purchase agreements were used to fund previou phases of the 800Mhz radio system; and WHEREAS, it is fiscally prudent to pay off the existing balances of lease-purchase agreements for the radio backbone system and for Phase Part 1 radio equipment ; and WHEREAS, funds are available in the City General Fund Balance i the CSA 135, Zone A account to fund the purchase of Phase 11, Part 2 ra equipment and pay off the balances of two lease-purchase agreements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, that the City of Carlsbad: 1. Approves the attached agreement and authorizes and directs tl: mayor to sign for the City. 2, Approves the 1998/99 financing plan for Regional Communicat System costs and equipment, including: a. Authorizing the Finance Director to appropriate $1,546,000 f~ the General Fund balance and $416,000 from the Sewer Enterprise fund balance, and the remaining balance of the CSA 135, Zone A fund for the purpose of paying off amounts owed for the City's share of the regional backbone, paying off the remaining balance for Phase 11, Part 1 radio I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 0 0 equipment, making the 1998/99 payment for Phase I dispatch and micrc equipment and payment of 1998/99 system maintenance costs. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council on the 5 th day of January 1999, by the following vote, to wit: AYES: Council Members Lewis , Nygaard, Finnila , Hall & Kulchin NOES: None ABSENT: None ATTEST: %& ALETHAW MTE NZ, City Clerk ( SEAL ) KAREN R. KUNDTZ, Assistant City Clerk 0 0 AMENDMENT NO. 2 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MOTOROLA, INC. FOR THE COMMUNICATIONS SYSTEM This amendment is entered into and effective as of the 5 th day of January, 1999 amending the Agreement dated November 12,1996, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as Y3ty", and Motorola, Inc., hereinafter referred to as "Contractor", for the 800 MHz communications system. RECITALS Whereas, the initial Agreement dated November 15, 1996, identified a scope of work related to the purchase of equipment and installation thereof with regard to the dispatch center and microwave system; and Whereas, on November 18,1997, Amendment No. 1 to the aforementioned agreement was approved to provide for the purchase of Phase 11, Part 1 radio equipment; and Whereas, the parties to this aforementioned Agreement desire to alter the scope of work as follows: to provide for the purchase of Phase II, Part 2, radio equipment; and Whereas, it is now both desirable and necessary to amend said Agreement to provide for such equipment. Now, therefore, in consideration of these recitals and the mutual covenants contained therein, City and Contractor hereby agree as follows: .I. Section I. Motorola's Obligations of said Agreement is amended by the addition of a new subparagraph E to read as follows: 0 0 "E. Motorola shall furnish and/or install the radio equipment of the type specified at the site specified and for the amount specified in the equipment list attached to schedule A-2, dated January 4 th , 1999." 2. Section 5. Payment Schedule of said agreement is amended as follows: "Pavment Terms 1. One hundred percent (100%) of equipment total, as shown on Schedule A-2, including tax, due net 30 days after receipt of equipment. 2. One hundred percent (100%) of installation costs as shown on Schedule A-2, due net 30 days after completion of all installations.* 3. All other provisions of the aforementioned Agreement not modified by this Amendment No. 2 remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended scope of work. ACKNOWLEDGED AND ACCEPTED: CONTRACTOR: OL IARRY OLSON WE PRESIDEM, SALES by: L!stii5mFcr - .. Twy CITY OF CARLSBAD n Dated: 2 0 0 ATTEST: Dated: I - 26- f’t ALETHA L. RAUTENKRANZ, City $lerk APPROVED AS TO FORM: Ronald R. Bail, City Attorney by: LFL /* 26.77. (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 0 e CALIFORNIA ALGPURPOSE ACKNOWLEDGMENT State of hk County of &3E&tI 1 I on rMTEwi 194 before me,h NAME, /c+&L~&, nm OF OFFICER - E'G.. dh -JANE WE ~ARY bbhc WBUC 1 personally appeared L-bw Obm J&a aim '/ NAM& OF SGNER(S) I @fpersonaIly known to me - -6R - G ya subscribed to the within instrument and ac knowledged to me that e execute the same in hWkw eir authorize capacity(ies), and that by w signature(s) on the instrument the person($ or the entity upon behalf of which thi person(s) acted, executed the instrurnenl WITNESS my hand and o 'cia1 seal. w y$L+if- GN REOFNOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prever fraudulent reattachment of this fom. CAPACITY CLAIMED BY SIGNER DESCRlPTlON OF Al?ACHED DOCUMENT 0 INDIVIDUAL CORPORATE OFFICER TITLE(S) D PARTNER(S) m LIMITED A'TTORNEY-IN-FACT I7 TRUSTEE(S) 0 UARDIAN/CO ERV T 0 GENERAL d OTHER: c'. P&-=. &s+. 3&w&kbP J$Pwhmd4&mdm &tnw3Tqmbb d* 3 NUMBER OF PAGES DATE OF DOCUMENT I / SIGNER IS REPRESENTING: NAME OFPERSON(S) OR ENflTY(IES) d.4 SIGNER(S) OTHER THAN NAMED ABOVE 99- 3/6 -~ ~ " -~ ~ ."~"~- """". @I993 NATlONAL NOTARY ASSOCIATION 9 8236 Remmet Ave.. P.O. Box 7184 Canoga Park, CA 91s 0 0 CIW Of CARLSABD R€G\ONAL COMMUNlCATlONS SYSTEM Contract # 43095 Various Public Service Agencies Item Model/Option Description Rcs Unit Price ASTRO DIGITAL EQUIPME SCHEDULE A-2 Spectra Mobile Radios for Various City Agencies 4 57 T59DX ASTRO DIGITAL SPECTRA MOBILE SERIES S 1,970 4a 57 133W Asmo SPECTRA W9 35W 800MHZ REMOTE $550 4 b 57 651 ENH: ENHANCED SMAmZONE OPERATION $455 4c 57 6114 ENH: DIGITAL ID DISPLAY $44 4d 57 6806 ENH: APCO 25 COMMON AIR INTERFACE $35 PACKAGED UNIT PRICE $3,053 ANNUAL MAINTEUANCE AGREEMENT FOR ASTRO SPECTRA 57 YEAR2MAlNTEWCEFORANYABOVESELK=T171ADIO $60 ' 57 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO $643 AS7'RO 800 MHz Portable Radios Model 111 37 47 H09UCH9M-N ASTW DIGITAL XTS3000 MODEL 111 PORT 37 a 47 Q806 ASTRO DIGITAL CAI OPERATION 37 b 47 H38 ENHANCED SMARTZONE OPERATION 37 c 47 H14 ADD: ID DISPLAY 37 d 47 H7W ADD SYSTEM TEST RESULT 37 e 47 H885 2 YEAR SERVICE PLAN PACKAGED UNIT PRICE S 1,964 $509 $707 $76 so $36 $3,291 43 17 NMN6193 REMOTE SPEAKER MIC 44 8 NTN8294 SPARE ULTR HlGN BATERY 45 18 NTN1168 CHARGER, DESKTOP SINGLE UNIT 117V 46 4 NTN1177C CHARGER, DESKTOP MULTI UNIT 1 17V 52 10 TDN9816 VEHICULAR CHARGER XTS3000 TBD $7 1 $134 $97 $601 $222 Mobile Control Stations 56 12 T99DX Asmo DIGITAL SPECTRA MOBILE SERIES S 1,970 56 a 12 132W W 800 806-870 W7 $343 56 b ' i2 651 ENH: ENHANCED SMARTZONE OPERATION $455 56 c 12 6114 ENH: DIGITAL ID DISPLAY $44 56d 12 W665 ADD: CONTROL STATION OPERATION $344 56 e 12 G806 ENH APCO 25 COMMON AIR INTERFACE $35 PACKAGED UNIT PRICE $3,189 ANNUAL MAINTENANCE AGREUIENT FOR ASTRO SPECTRA 12 YEAR2 MAINTENANCE FOR ABOVE MOBILE STATION RADIO $60 12 YEAR 3 MAINTENANCE FOR ABOVE MOBILE STA RON RADIO $60 Revised 1-4-99 P - S' a I S S s I t I t 1 $; s s s carlspw.) RCS Equipment Price Book 0 0 , . CINOFCARLSABD REGlONAL COMMUNlCA7lONS SYSTEM Conkact #43O95 Various public STn/ice Agencies ttm Model/Option Description RCSUnit Price F ANTENNA SYSTEMS For use with Mobile & Desktop Stations 72 73 74 75 77 78 79 80 81 83 240 24 24 900 24 24 24 24 24 12 L1702 TDN88U9 5880367821 L1705 TON8814 TDN8815 RRX4038A TDN6673 TON6670 TDF644 1 1/2' SUPERFLEX, POLY JKT, PER FOOT 1/2'CONN, N PLUG SFLEX (PLTD) Mini/UHF M TO NF 1/2' LDF HEUAX, POLY JU, PER FOOT 1 /2'CONNECTOR, N PLUG (PLATED) 1/2'CONNECTOR, N JACK (PLATED) COAX PROTECTOR 1 /2'CABLE GROUND CLAMP KIT CABLE TIES. NYLON YAGI ANTENNA $4 $47 $17 $3 $41 $41 $77 $24 $38 $90 Total Equip $I Tax t InstaHation/Rer < Programming Freight approx. TOTAL $4 Revised 1-4-99 carlspw. RCS Equipment Price Book 0 0 @ MO7VROLA January 4,1999 City of Carlsbad 2560 Orion Way Carlsbad, Ca 92008 Att: Chief Brian Watson Brim, Motorola is pleased to present to the City of Carlsbad the finalized subscriber radio quantities and types for the remaining city public service departments for usage on the Regional Communications System. The enclosed list of equipment shown in Schedule “A-2” has been selected and priced using the RCS “Price Book”. Term of Sale The master lease will not be used for this agreement as requested. Therefore the payment terms for the equipment and service will be 100% of equipment & tax total Due 30 days fiom shipment & invoice 100% of insbllation due after final instalIation Communications Equipment Purchase Agreement Motor-’ Ari-c - - .vi11 work with you and the City Attorney’s office to modi@ the existing agreement between the City of Carlsbad and Motorola. This will be accomplished by Amendment NO. 2 to the existing agreement. Statement of Work (SOW) Motorola has included a statement of work to help define the responsibilities of the City of Carlsbad and Motorola for the Installation/removal of your subscriber radios shown in Schedule “A“. e e Subscriber Equipment Warranty Motorola has included information on the warranty period for the proposed equipment. Also included is the standard repair process. Additional information on maintenance and warranty repair procedures is being determined by the RCS. If you have any questions do not hesitate to call me at (760) 930-4013. Sincerely, Motorola kc. w Ed U’2czcikowski Sales Team Manager Western Division CC: Curt Munro, RCS Project Manager Stu Tat, RCS Radio Service Supervisor 0 e Statement of Work (SOW) Installation and Services Motorola will sub-contract to a qualified service provider QuigleyLBehr. Motoroia will ship and deliver the radios to the City of Carlsbad that are specified as the City of Carlsbad user radios shown in Schedule “A-2”. City of Carlsbad should contact the RCS project office to make arrangements for the installation timelines, programming of the radio units, Training for the radio users and the final radio installation to be performed by the Motorola contracted installation provider. Removal of existing radios will be accomplished as part of this service. Training Training for all subscriber radio equipment will be coordinated by the city of Carlsbad and the RCS SheriFs transition training team. Contact the RCS project office for additional information. Installation Schedules Will be coordinated between the City of Carlsbad, the RCS/Motorola/Quigley’s Behr. Product Warranties ,Motorola warrants that all products provided under this agreement will be free fiom defects in design, material, and workmanship for the Warranty Periods listed in Table I - Warran? Periods. During the respective Warranty Periods, Motorola will repair or replace defective parts free of charge, including freight, during the product warranty period. Table I - Warranty Periods Field Unit Equipment YearS ESP/ 1 & 3 From Date of Ship + two year “Express Service Plus Plan (ESP) This option has been included for all MTS2000, MCS2000, XTS3000 field units. (Spectra Digital radios contain a I yearparts and labor warranty along with years 2 & 3 maintenance). The ESP provides repair coverage for 2 years beyond the standard 1 year warranty (for a total of 3 years of radio coverage). Repairs under the standard 1 year warranty can be made at any qualified Motorola Service Center, or when initialization of the board is required, at the Plantation or National Subscriber Depots. Repairs under the 2 year extended warranty must be made at the National Subscriber Depot (Schaumburg). All inbound shipping or transportation charges to MotoroIa must be paid by the purchaser. Motorola will pay for outbound shipping via Motorola’s normal shipping methods. 0 0 This Factory Depot Service plan is available in addition to the Standard Commercial Warranty for certain Motorola manufactured subscriber products for a consideration over and above the price of the product paid by the original purchaser or lessee ( WITH TKE EXCEPTION OF BATTERIES AND ANY MOTOROLA SOFTWARE WHICH ARE NOT COVERED BY THIS PLAN) and is in effect fiom the date the standard commercial warranty expires. This plan is available for purchase at the time of equipment order only.. TMS ?EAN DOES NOT COVER DEFECTS, MALFUNCTIONS, PERFORMANCE FAILURES OR DAMAGES TO THE UNIT RESULTING FROM: A) USE IN OTHER THAN ITS NORMAL, AND CUSTOMARY MANNER B) MISUSE, VANDALISM, ACCIDENT OR NEGLECT; OR C) IMPROPER DISASSEMBLY, TESTING, MENT, AL'ITMTION OR REPAIR. OPERATION, MAINTENANCE, INSTALLATION, MODIFICATION, ADJUST-