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HomeMy WebLinkAboutFox Valley Communications/OPD A G R E E M E N T THIS AGREEMENT made and entered into this j1/ day of January , 19 83 , by and between FOX VALLEY COMMUNICATIONS 'T of 919 N. Bluemound Drive, Appleton, WI 54911 , party of the first part, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as the "City", and party of the second part. WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh by resolution duly adopted on the 6th day of January , 1983 , accepted the bid of the first party and authorized and directed the proper City officials to enter into an agree- ment with the party of the first part for: System's Maintenance of Radio Equipment for the: Fire Dept. -- Total Bid: $2265.44 Police Dept. -- Total Bid: $4354. 10 Street Dept. -- Total Bid: $1958.35 according to the specifications and bid for same on file in the office of the City Clerk. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows : 1 . That the party of the first part will furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2. That no assignment of this agreement or of any rights thereunder by said party of the first part, shall be valid without the written consent of the City; and that this document including the specifications and bid , constitutes the entire agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That in consideration thereof, the City will pay to the first party the sum of $ 2265.55 a 54354.10&$1958; 'pon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by the proper officers of each party and their corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a cor- poration of partnership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In the presence of: FOX VALLEY COMMUNICATIONS • By: Signature of sole •roprietor, or name or co 'oration r pa nership R / Af ,�%(4 P esident or Partn: Secretary , CITY OF OSHKOSH G kJ. , Cst By: /6:4L_ WILLIAM D./FRUEH, City, Manager /Ai fa 0, DONNA C. LUEB'KE, City Clerk I hereby certify that the necessary provisions have been made to pay the Approved as to form liability that will accrue under this co ract : 1X xmaRRARm Ak viARImulm* EDWARD A. NOKES , City Comptroller TOM W. AHRENS, Asst. 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Box 1130 Oshkosh , WI 54902 NOTICE TO VENDORS : 1. We are submitting wherewith for your consideration an in- vitation to bid on: SYSTEM'S MAINTENANCE OF RADIO EQUIPMENT FOR THE FIRE, POLICE AND STREET DEPARTMENTS. 2 . Bids must be addressed to Oshkosh Purchasing Division , P .O. Box 1130 , City Hall , Oshkosh , WI 54902 Envelope shall show name of bidder, and must be plainly marked in the lower !eft hand corner "Bid for Radio Maintenance". 3 . Bids must be on file in the office of the Purchasing Agent no later than 10:30 A.M. C.S.T. , Tuesday, December 21, 1982. Any bids received after that hour and date will not be opened and will be returned to the bidder unread. 4. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening. 5 . All formal bids submitted shall be binding for thirty-five ( 35 ) calendar days following bid opening date, unless the bidder(s ) upon request of the Purchasing Agent, agrees to an extension. 6 . Bids will be publicly opened and read at the hour and date above stated. Award, if any , will be made as soon thereafter as practical . 7. Although no certified check, cashier ' s check , or bid bond must accompany the proposal , if the bid is accepted, the bidder must execute and file the proper contract within ten (10 ) days after award by the Common Council and receipt of the contract form for signature. 8 . The City reserves the right to reject any and all bids and to . waive any informalities in bidding. 9 . For specifications and further information concerning this invitation to bid, contact Donald La Fontaine , Purchasing Agent , Room 312 , City Hall or telephone ( 414 ) 424-0265 . William D. Frueh • City Manager PUBLISH: December 10, 1982 SPECIFICATIONS SYSTEM MAINTENANCE OF RADIO EQUIPMENT The intent of these specifications is to secure prompt and reliable maintenance service for the City of Oshkosh Fire , Police and Street Departments. 1 . Before quoting, the vendor shall familiarize himself with local conditions in respect to the equipment in use and as to the work or services to be performed for the proper service and maintenance. 2 . The City agrees to: a. Supply the servicing agency with all available instruction _ manuals and schematic and working drawings of each type of equipment currently in service, as supplied by the manufact- urer. Complete working drawings of any custom or field altered equipment will be supplied and all such information is to be maintained by the servicing agency, with the City of Oshkosh remaining the sole owner. b. Make no equipment operative adjustments , except as approved by the servicing agency. • c. Upon being billed on .a monthly basis by the servicing agency , the City will pay the bills on either the first or third Friday of the month, depending upon when the invoice is received by the Purchasing Division. Such service shall be at the rates quoted per month and such rates are to cover labor , parts and mileage, 3 . The successful servicing agency agrees to: a. Observe any and all laws or ordinances, as may apply, in the performance of the scope of the work named. • b. System maintenance proposal to include: 1 . Service center to provide written annual check of radio equipment . This should include the following information. 1) Date checked 2) Customer unit number 3 ) Model and serial number of radio checked 4) Measured and adjusted frequency 5 ) Power output 6 ) Receiver sensitivity 7) Modulation deviation 8 ) Comments : to include anything special found or work completed on radio . 9 ) Technician doing the work, including his F.C.C. License number and date it expires . 10 ) Test equipment used to preform system check. (See attached form , as a sample) SPECIFICATIONS Page 2 c . Upon prompt notification of failure or problems of the base station, remote control console, associated control equipment , or other fixed station equipment , and having been provided with pertinent information about the situation, the servicing agency shall provide emergency service as soon as possible . In no case shall the responce time (a technician on the job) be later than four (4) hours after notification. Such emer- gency service shall be available on a 24 hour per day, seven days per week basis at no additional charge over the contract price. Maintenance of non-emergency equipment to be preformed within 24 hours of service call , during normal working week and hours . d. Failure of the servicing agency to meet the above times for emergency service shall result in a $20 .00 per hour penalty to be deducted from the monthly billing . e. Non-emergency equipment to be repaired within 25 working days upon receipt unless otherwise notified of complications do to parts being ordered or availability . f . At least one licensed technician holding either a first or second class F.C.C. License, with no less than five years ex- perience in the field of two-way communications shall service the equipment. g. History of company to do the service on the radio equipment. This shall include references of other like departments currently under a maintenance contract with the service center. h. List of test equipment and age. i . Method of reaching service center for normal and after hour repairs . j . Time and material rates of service center . k. Installation rates . 1 . Cost per unit break-down for maintenance rates . m. Work tickets to be provided - and accompany monthly invoice . 4 . Carry, during the life of this contract , insurnace for public liability and property damage , all applicable Worker ' s Compensation requirement ,and any other insurance so as to protect himself and the City of Oshkosh from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may rise from the operation of this service and maint- enance contract . J SPECIFICATIONS Page 3 Such coverage shall be a minimum of : Worker ' s Compensation as prescribed by Worker 's Compensation Act of the State of Wisconsin. Employer ' s General Liability- $300 ,000 .00 liability for bodily injury; $50 ,000 .00 property damage. Liability coverage is to include products and completed operations coverage . Automobile Coverage - $100 , 000/$300/000 bodily injury $50 ,000 property damage 5 . The term of this contract will be for one year , beginning January 1 , 1983 . 6 . After the expiration of the one-year contract , this service con- tract can be extended by mutual agreement of the City and the servicing agency or terminated by either party, upon 30 days notice , in writing, to the other party. 7. In the event , in the judgement of the City , service is unsatisfactory or does not comply with contract terms , the City shall have the right to cancel the maintenance contract and termin- ate payment for the same by a written notice to that effect . 8 . The City reserves the right to reject any or all proposals or to accept separate proposals whichever is in the best interest of the City . LIST OF EQUIPMENT Fire 1- G.E. Repeater Station 7- G.E. Deskons 13- G.E. Mobiles 2- Aerotron mobiles 2- Motorola mobiles 2- Motorola portables 11- Federal portables 2- Comco portables 10- Federal pages & chargers 6 Page 4 LIST OF EQUIPMENT (Continued) POLICE DEPARTMENT 28- Motorola portables 6- RCA portables 13- Motorola Chargers 2- RCA mobiles 27- Motorola mobiles 6- Motorola pagers 6- Desk sets 2- Repeaters 1- Point to point base station 3- Satalite receivers Street 1- Mott repeater 13- Mott repeaters 1- Mott remote control 10- G.E. mobiles 4- Aertron mobiles 4- Johnson mobiles CITY OF OSHKOSH POLICE DEPARTMENT OSHKOSH , WISCONSIN The following is based on information furnished December 9 , 1982 . The proposed contract will cover parts , labor and either shipping or travel , to the customer . It will not cover physical abuse , acts of God , batteries , or antennas . Units to be covered: 28 Motorola Portables $ 6 . 00 $168 . 00 6 RCA Portables 6 . 75 40 . 50 13 Motorola Chargers (included in above price ) 2 RCA Mobiles 6 . 50 13 . 00 27 Motorola Mobiles 5 . 75 155 . 25 6 Motorola Pagers 2 . 45 14 . 70 6 Desk Sets 4. 00 24 . 00 2 Repeater 30 . 00 60 . 00 1 Point to Point 20 . 00 20 . 00 3 Satalite Receiver 4 . 50 13 . 50 Total Monthly Maintenance $508 . 95 Annual Maintenance $6 , 107 . 40 CITY OF OSHKOSH FIRE DEPARTMENT OSHKOSH , WISCONSIN The following is based on information furnished December 9 , 1982 . The proposed contract will cover parts , labor and either shipping or travel , to the customer . It will not cover physical abuse , acts of God , batteries , or antennas . Units to be covered: 1 G . E . Repeater $30 . 00 $ 30 . 00 7 G .E . D eskons 4. 00 28 . 00 13 G .E . Mobiles 5 . 75 74 . 75 2 Aerotron Mobiles 5 . 75 11 . 50 2 Motrola Mobiles 5 . 75 11 . 50 2 Motorola Mobiles 6 . 00 12 . 00 11 Federal Portables 6 . 75 74 . 25 2 Comco Portables 6 . 75 13 . 50 10 Federal Pagers/Charger 2 . 45 24. 50 Total Monthly Maintenance $280 . 00 Annual Maintenance $3 , 360 . 00 CITY OF OSHKOSH STREET DEPARTMENT OSHKOSH , WISCONSIN The following is based on information furnished December 9 , 1982 . The proposed contract will cover parts , labor and either shipping or travel, to the customer . It will not cover physical abuse , acts of God , batteries , or antennas . Units to be covered: 1 Motorola Repeater $30 . 00 $ 30 . 00 13 Mobiles 7 . 00 91 . 00 1 Motorola Remote Control 4. 00 4. 00 10 G .E . Mobiles 6 . 50 65 . 00 4 Aertron Mobiles 6 . 75 27 . 00 4 Johnson Mobiles 6 . 75 27 . 00 Total Monthly Maintenance $244 . 00 Annual Maintenance $2 , 928 . 00 The total Maintenance: Police Department $6 , 107 . 40 Fire Department 3 , 360 . 00 Street Department 2 , 928 . 00 Total Annual Maintenance $12 , 395 . 40 If paid in full on or before January 31 , 1983 , please pay $10 , 876 . 95 . Page 4 City of Oshkosh j . Time and material rates per hour are as follows: Mobile: $32 . 50 In-shop $35 . 00 Customer location Pager/Portable: $37 . 50 Materials would be extra . k . Installation is $30 . 00 per hour in our location and $32 . 50 customer location . We charge per hour for removal and installation . 1 . Cost per unit break-down for maintenance rates is given in each department's quotation . m . Work tickets will accompany monthly invoices , with a copy sent to each department , each month . 4 . Insurance certificate as enclosed . 5 . The quotation has been written per department for one year maintenance , to include all parts , labor and travel time . This quotation does not include antennas , batteries , abuse or acts of God . Points 6 , 7 and 8 are understood by Morse Electronics . Enclosed per department is our quotation for maintenance for the Police , Fire and Street Departments . Again , thank you for your request . Regards , / C .J . Morse • Fox Valle Communications 919 North Bluemound Driv _ e/Appleton, Wisconsin 54911/414-734 2510 December 20, 1982 Mr. Don LaFontaine City of Oshkosh P.O. Box 1130 Oshkosh, WI 54902 Dear Mr. LaFontaine: Fox Valley Communications is pleased to present this proposal for maintenance of the Police, Fire, and Street Departments two-way radio equipment. Our company has both the capability and the willingness to provide you with the type of service your city deserves, and do it at a fair and reasonable price. Our contract maintenance service is based on the following prin- ciples: Provide the most rapid response possible when critical equipment fails. Return equipment to service with minimum down-time. Inspect all equipment on a regular basis to insure optimum operation and longevity. Fox Valley Communications has the personnel, equipment, parts inventory and facilities to provide responsive professional ser- vice, but more importantly, we have numerous customers under contract who will testify as to our excellent performance and ability to respond. Our company is a Wisconsin corporation that has been in business over 21 years. We employ 7 people with office hours from 8:00 to 5:00 Monday through Friday at 919 N. Bluemound Drive in Appleton where our sales offices and service center is located. We have two incoming phone lines to prevent busy signals. After hours, we are served by Tel-Sec who contacts appropriate service people by phone or pager. As references, Please use : City of Oshkosh Fire, Street Dept. 1972-1978) Outagamie County Highway Dept. 1980-present Town of Menasha Fire, Police Dept. 1980-present Grand Chute Police Dept. 1978-present Kimberly Police Dept. 1982-present Gold Cross Ambulance 1981-present Valley Transit 1982-present Bay Park Square Security 1980-present) In addition, we have been awarded the 1983 maintenance contracts for the City of Sturgeon Bay, Appleton Parks and Rec. Dept. and Appleton Memorial Hospital. MOBILE RADIO • CLOSED CIRCUIT TV • INDUSTRIAL ELECTRONICS J . Fox Valley Communications accepts all provisions of your speci- fications and certifies and or agrees to the following items : a. Written annual checks of radio equipment. b. Respond within time limits as prescribed. c. Be subject to penalty clause. d. Repair equipment within 25 days. e. Meet licensed technician requirements. f. Provide work tickets with monthly invoice. g. Carry required insurance. Our test equipment (all less than 10 years old) includes: 1-Cushman CE5 Service Monitor 1-Cushman CE3 If II 1-Tektronix 465 Oscilloscope 1-Motorola P8501A Test Set 3-Bird model 43 wattmeter 2-GE Test Set 1-Triplett 630-P1 1-Singer TG-1C Tone Generator Technical personnel include the following: Richard Jensen, Owner, BSEE, PE, 21 years experience. Steve Morse, Service Manager, FCC Second, 16 years experience. Jeff Forsythe, Technician, 2 years experience. Paul Schmidt, Technician (part time) , 2 years experience. Erik Jensen, Installer (part time) , 2 years experience. (In addition, we have employment agreements with two licen- sed local former employees to assist on an as-required basis. ) A cost per unit breakdown and terms and conditions are attached. If you have any questions or desire any further information, please do not hesitate to call. Very truly yours,, _.4,L.A....0( -)(' ' 4.-AL"' 12 Richard S. Jenkse President FOX VALLEY COI I ICATIONS, INC. RSJ:sj Attachments X11 • LIST OF EQUIPMENT POLICE DEPARTMENT Unit cost Total 28- Motorola portables $4.42 $123.76 6- RCA portables 5.27 31 .62 13- Motorola Chargers 2. 13 27.69 2- RCA mobiles 5. 31 10.62 27- Motorola mobiles 4.89 132.03 "' 6- Motorola pagers 1 .79 10.74 6- Desk sets 2.76 16. 56 2- Repeaters 16.58 33. 16 1- Point to point base station 10.84 10.84 3- Satalite receivers 5. 10 15. 30 ($4354. 10 if pre-paid annually, $412.32 per month $2325.48 if pre-paid semiannually. ) Street 1- Mott repeater 15.94 15.94 13- Mott repeaters 5. 31 69.03 1- Mott remote control 2.76 2.76 10- G.E. mobiles 5.74 57.40 4- Aertron mobiles 5. 19 20.76 4- Johnson mobiles 4.89 19.56 ($1958.35 if pre.-paid annually, $185.45 per month $1045.94 if pre-paid semiannually. ) Fire 1- G.E. Repeater Station 14.88 14.88 7- G.E. Deskons 2.24 15.68 13- G.E. Mobiles 5.31 69.03 2- Aerotron mobiles 4.89 9.78 2- Motorola mobiles 5.53 11 .06 2- Motorola portables 4.46 8.92 11- Federal portables 4.46 49.06 2- Comco portables 4.46 8.92 10- Federal pages & chargers 2.72 27.20 • $214.53 per month ( $2265.44 if pre-paid annually, $1209.95 if pre-paid semiannuallI.1 Installations are $50.00. All non-contract work is available on a time and material basis for $32.00 per hour. This is charged for on-site time or bench time only. Transportation is not charged. • • This Maintenance Agreement is subject to these terms and conditions: (1) Definitions. For the purpose of brevity and uniformity all references to FVC in this contract will be construed to mean .Fox' Valley Comms. All references to Licensee shall be construed as meaning and applying to the FCC Licensee, or the User, or the Purchaser of the equipment to be maintained by the terms of this contract. (2) Work. .FoX Valley Comins. :. (herein called _FVC _ agrees to provide maintenance for the Licensee of the equipment described on the reverse side of this agreement beginning and ending on the dotes indicated if the Licensee makes the payments herein specified. Mobile units will be removed and re- installed in different vehicles at Licensee's request for the prices indicated on the reverse side. This con- tract does not include maintenance of any transmission line, antenna, tower or tower lighting, unless such work is described on the reverse side of this agreement, such maintenance may be furnished upon request at mileage, material and labor rates prevailing at the time of each call. Maintenance shall include the labor and parts required to repair equipment which has become defective through normal wear and usage. Maintenance does not include the repair or replacement of equipment which has orthwise become defective, including, but not limited to, damage caused by accidents, physical abuse or misuse of the equipment, acts of God, and fires. Upon receipt of a written request from Licensee, FVC will maintain units identical with any units covered by this maintenance agreement for the same monthly maintenance fees and on the same terms and conditions set forth herein. (3) Maintenance standards. The equipment will be maintained by . FVC • in accordance with these standards; (i) OEM parts or parts of equal quality will be used; (ii) oil, water, dust and foreign substances will be removed from the equipment; (iii) the equipment will not be subject to mechanical abuse; (iv) the equipment will be maintained at levels necessary to provide the required communication; (v) routine maintenance procedures prescribed from time to time by . FVC- for its equipment will be followed; and (vi) all maintenance work will be done by a qualified person. The equipment will be inspected and ad- justed periodically and as often as required. (4) Time and place of maintenance work. Maintenance work on the base stations and other fixed equipment shall be performed at the location of the equipment, and the Licensee shall furnish heat, light and power at these locations. Mobile units and removable equipment shall be delivered►by the Licensee to the place of service indicated on the reverse side of this agreement. The Licensee shall give . FVC _ at least two days' notice prior to delivery of a mobile unit for reinstallation. (5) Payment. On or about the date each payment is due as set forth on the reverse side of this agreement vv : will send the Licensee an invoice covering the monthly maintenance fees for the next Payment Period plus all other charges for the preceding Payment Period, and the Licensee shall pay the amount of said invoice winhin ten (10) days of its date to FVC (6) FCC records. Applications and statements of fact when required by the Federal Communications Commission must be subscribed and sworn to by the Licensee and the Licensee is responsible for meeting FCC requirements. However, ..._FVC. _ will provide the Licensee with forms, advice, and technical assistance, including frequency, modulation and power measurements, to aid in meeting these requirements. (7) Interruption of service. The Licensee shall notify FVC :_ in the event of the failure of any unit. FVC does not assume and shall have no liability under this .-on'.,-act for failure to provide or for delay in providing maintenance for the eauipment due directly or indirectly to causes beyond the control and without the fault or negligence of FVC , including, but not restricted to, acts of God, acts of the public enemy, acts of the United States, any State, Territory of the United States, or any political subdivision of the foregoing, or the District of Columbia, acts of the Licensee, its agents, employees, or subcontractors, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unsually severe weather conditions. (8) Automatic Renewal. After the "Date Maintenance Ends" indicated on the reverse side of this agreement this contract shall continue for successive additional periods of 1 month, provided that either , FVC or the FCC Licensee may terminate this agreement, with or without cause, upon 30 days written notice to the other party sent by certified mail to the address indicated herein. (9) Laws and regulations. This agreement and the rights and obligations of the parties under it are subject to present and future valid orders and valid laws, rules and regulations of duly constituted authorities having jurisdiction. (10) Waiver, Failure or delay on the part of FVC or the Licensee to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. (11) Prior negotiations. This contract constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements. (12) Assignments. No assignment or transfer in whole or in part of this contract shall be binding upon FVC , without its written consent, nor shall ' FVC assign this contract or any part thereof without written consent of Licensee. • CITY OF OSHKOSH January 10 , 1983 Fox Valley Communications 919 N . Bluemound Drive Appleton , WI 54911 Gentlemen : We are herewith enclosing copies of the Contract (based on your City Council accepted bid ) to furnish the City of Oshkosh with the following : System' s Maintenance of Radio Equipment for the : Fire Dept . -- Total Bid: $2265 . 44 Police Dept . -- Total Bid : $4354 .10 Street Dept . -- Total Bid : $1958 . 35 Kindly execute all copies with the necessary signatures , witnesses , corporate seal -- and return to this office . Upon final execution , we will mail you one copy for your files . Sincerely , CITY OF OSHKOSH ... ' > Donna C . Luebke City Clerk Enc . CITY HALL • 215 CHURCH AVL N'E: K P. 0. BOX 1130 • OSHKOSH, WISCONSIN 54902