R00-030RESOLUTION NO. R 00-,.~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE A SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
MOTOROLA, INC, , PROVIDING FOR THE MAINTENANCE OF
THE RADIO SYSTEM FOR A TWELVE (12) MONTH PERIOD, IN
AN AMOUNT NOT TO EXCEED $73,176,00; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
recommendation of staff, deems it to be in the best interests of the City residents to enter
into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a
twelve (12) month period;
NOW, THEREFORE, BE IT RESOLVED BY THE cI'rY COf4HISSZON OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City .of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute an Service Agreement
between the City of Boynton Beach and Motorola, Inc., a copy of said agreement is
attached hereto as Exhibit "A."
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
ATTEST:
' · X /Ill/
I ** .o.,,,
I
day of March, 2000.
Vice Mayor
Commissioner
1-800-247-2346
Communications and Electronics, Inc.
1307 E Algonquin Road
Schaumburg, Illinois 60196
CUSTOMER NAME:
ATTN: Hugh McCaffrey
Date-'
'Ci~ of Boynton Beach
SERVICE AG /IENT
(PLEASE PRINT) SIC CODE
12/20199 CUSTOMER/AGREEMENT
0000555014390
ORDER #:
CUSTOMER #:
1000303074
BILLING ADDRE88: 100 E. Boynton Beach Blvd.
CITY: Boynton Beach STATE FL ZIP:
BILL TO EQUIP AT
TAG #: TAG #:
33425 DIVISION: SD
CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE:
1-Jan-00 F----lYES ~--~NO 12/31/00
PI.A~E OF ~ERVIGE MONTHLY BVG
MODEL NUMBE~S~ :~ wccm ~ cm
q~ NLi~CRI~ON ~T~ ~.~ ~-w ~R ~
I Bl16~ CEB Tmn~ x 186.~ 1~.~
1 D~9 S~e Cmtmller x '" ~.~ ~.~
1 T~7~ Smadn~ "' x ' ' 101.85 101
3 APC~ Fire x le.~ ~.~
" 0.~
3 BI~ C~mC~ x 47.~ t41.75
1 BI~ Ce~mCom x ~.~ ~.~
4 GOVe~ X I.~
5 ~;RCB R~=~ x 78.75 ~3.75
1 C73KSB MSR~ x 2e.~
I ~KSB MSR~ x 28.6S
1'0 D~ ~ar x 10.~ 1~.~
3 D~ C~ x ~ '~l,m 63.m
....... 8 D~TDA C~r~ x 21 .~ 1~.~
2 F~14 Intmc R~ TMe x 19.70 39.~
6 HT~ x 7.35 ~.1~
2 HT~ x 7.~ 14.7~
6 H~NA S~ x 8.~ ~.~
~ ~WNA S~ x 6.~ 31
2 L~SVLB ~ ~ x 21.~ 42.~
' ~OT~ P~
.TH
PAYMENT CYCLE: T~ EXEM~: T~ES
' ~ANNUALLY ~ YES, A~ACH EXERT TOT~
ISEMI-ANNUALLY CERTIFICATE ~ ~
IQUARTERLY [ ] NO I5~E~TO~A~&L~
X IMONTHLY (A~
/OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) VERIFIED BY~T~
(Southern Division)
P.o. ! lYES. ATTACH P.O. I I NO
SPLIT _mJ_m30.~TRACT: I
[ ] NEW
AGREEMENT
IP~i~M. I#ITRUCTIONI:
'eam One to provide sewlce.
Terms and C_.~._~._.~
Se~ ~_ ~r ~_~_'h___/ __L'., for Tmnldng_,FNE provided by System support Center
SERVICE CENTER:
CITY:
] YEa
Il SUPERSEDE
SCR#:
STATE:
(PLEASE SPECIFY SVC CTR NAME ($),
EQUIPMENT AND DOLLARS)
[MENT NUMBER (S):
35080326509388
TITLE DATE
MOTOROLA SALES/SERVICE REPRESENTATIVE (SIGNATURE)
TELEPHONE~
Mike Bunting
MOTOROLA SALES/SERVICE REPRESENTATIVE (PRINT NAME)
PAGER#
NATIONAL SERVICE BILLING COPY
CUSTOMER COPY
Motorola Sales Rep Copy
CUSTOMER CONTACT: HUgh McCaffrey
CUSTOMER PHONE #: 561-742-6031
(CIRCLE ONE)
[ ] COVERAGE PLL
[]D.A.
PAGE_l_ OF _2_
M~iII~LA 1-800-247-2346
C~ations and Electronics, Inc.
1307 E Algonquin Road Date:
Schaumburg, Illinois 60196
CUSTOMER NAME: City of Boynton Beach
12/20/99
ATTN: Hu~lh McCaffrey
BILLING ADDRESS:
100 E. Boynton Beach Blvd.
SERIIIIAGREEMENT
CPLU~SE ,m~ SiC CODE
CUSTOMER/AGREEMENT
ORDER #: 0000555014390
CUSTOMER #:
BILL TO
TAG #:
1000303074
EQUIP AT
TAG #:
CITY: Boynton Beach STATE FL ZIP:
CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE:
1-Jan-00 I-'"-'~yE$ I~--INO 12/31100
33425
PI. AGE O~ ~ERVIGE MONTHLY SV[~ AMOUNT
MODEL NUMBERJSERIAL c~n svc cm svccm
Q~ NUMBE~E~RIPTION L~TS~ ~.~ ~-~
170 Mobiles x '8.~ 1426.~
I 'MTI~ x 7.~ "7.~
1 S~dB~ Re~a~. x 78.75 78.7~
2 M~tar Con~ol x 21.~ 42.~
4 NI~ Co~ x 7.~ 31
1 NI~2B CVC" x 7.~ 7,~
1 ~!~ RF Amp x 4.~ .4.~
~ STX x 8,~ 1705.~
~4 T~VU s~or x ~0.m ~.~
2 T~76 smad~ x 78.75 157.~
10 TDNT070 M~em x 7.~ 79.~
2 fDNfbl~m x 7.~
5 u~2 " x 1s.7~ 7..~s
10 HTI~ Pod x 8.~ ~,~
~ MTX~ Pod x 8.~~ 2~.~
i ~ MTS~ P~ x 8.~ ~.~
TOT~ PER
~NTH $4,187.~
PAYMENT CYCLE: T~ EXEM~: T~ES
"1ANNUALLY ~ YES, ATTACH ~E~T TOT~ ~,098.05
SEMI-ANNUALLY CERTIFICATE
~QUARTERLY [ I ~ =~CTTO;*~.~L~
X ~MONTHLY (AFT) T~
~OTHER (SPECIFY IN SPECIAL INSTRUCTIONS)
DIVISION: SD
CUSTOMER CONTACT: Hugh McCaffre¥
CUSTOMER PHONE #: 561-742-6031
(Southern Division)
PECIAL II~TRUC~ON~:
Team One to provide service.
Motorola Terms and Conditions attached.
Service dispatch for Tmnidng FNE provided b~ S~stem support Center
SERVICE CENTER: SCR#:
CITY: STATE:
(PLEASE SPECIFY SVC CTR I'
SPMT SUBCONTRACT: i ] YES EQUIPMENT AND DOLLARS)
[ ] NEW
AGREEMENT
[: SUPERSEDE
SIGI~TURF./P.O.# Tm.E DATE
IS !. ! YES, ATTACH P.O. I ! NO
NUMBER (S):
MOTOROLA SALES/SERVICE REPRESENTATIVE (SIGNATURE)
TELEP~
Mike Bunting
MOTOROLA SALES/SERVICE REPRESENTATIVE (PRINT NAME)
PAGER:
NATIONAL SERVICE BILLING COPY
CUSTOMER COPY
Motorola Sales Rep Copy
taxes now
THIS SERVICE AGREEMENT is entered info by and between Motorola, Inc. ('Motorola') and the customer and franchise of Motorola) or hereafter imposed on this Service Agreement by any go -
Wpt as stated in
named in this Agreement's Atta~ments ('Customer'). ,~tal entity. Motorola does not by this Agreement make any price gut
SECTION 1 Service Agreement' means this Sendce Agreement and its Attac, hmen~r Form.
WARRANTY Motorola warrants that its Services under ~co Agreement ~11 be
'Equipment' ! and in part, the communication equipment that is specified in the Attacl~'~-SECTION 8
ments or that is subsequently added to this Service Agreement. free of defects in materials and workmanship for a period of ninety (90) days beyond the expiratToh or
SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in At-
tachments will become the Service Agreement only when acknowledged and accepted in wdting by Mo-
torola's Schaumburg, Illinois Service Department.
SECTION 3 SERVICE DEFINED A. Motorola agrees to provide services for the Equipment as speci-
fied in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of
equal quality that are new or are warranted as 'like new" will be used; (ii) the Equipment will be Serviced
at levels set forth in Motorola's product manuals; and (iii) rourine service procedures that are prescribed
from time to time by Motorola for its products will be followed. B, NI communication equipment pur-
chased by Customer from Motorola ('Additional Equipment") that is part of the same communications
system or of similar type as the Equipment covered under thts Service Agreement will be aufomatically
added to this Service Agreement and will be billed at the applicable rates after the warranty period has
expired. Motorola may also provide additional services ('Above-Contract Services") at Customer's re-
quest that will be billed at Motorola's lhen applicable service rates. C. All Equipment must be in work-
ing order on the Start Date of the Service Agreement or at the time the Equipment is added fo the Service
Agreement. Customer must provide a complete serial number and model number list either prior to the
Start Date or prior to the time that the Equipment is added to the Service Agreement and must indicate in
the Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments. D.
Customer must immediately notify Motorola in writing when any Equipment is lost, damaged, or stolen.
Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in
which Motorola receives such written notice. E. If Equipment cannot, in Motorola's opinion, be properly
or economically serviced for any reason including excessive wear, unavailability of parts, the state of tech-
nology, or the practical feasibility of the scope of Services as specified in the Attachments or Motorola
Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove
such Equipment from Service Agreement; or (3) increase the price to Service such Equipment. F. Cus-
tomer must notify Motoro. la or Moforola's Subcontractor immediately of any Equipment failure. Motorola
will respond to Customer's nolification in a manner consistent with the level of service purchased as indi-
cated in the Attachments.
SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of
Equipment that has become defective or damaged due to physical or chemical misuse or abuse from
causes such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments,
Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting,
duplexer, combiner, or multicoupler. Motorola has no obligation or responsibility t'ur any transmission
medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction
caused by such transmission medium. C. Unless specifically included in the Attachments, Service of
Equipment does not include items that are consumed in the course ,of normal operation of the Equipment,
such as, but not limited to, batteries, magnetic tapes, and computer supplies. D. Service does not in-
clude reprogramming of Equipment; accessories, belt clips, or battery chargers; custom or Special Prod-
ucts; modified units; or software. E. Service does not include certification programs, software support,
reprogramming, or modifications to Equipment related to assuring the correct processing, providing, or
receiving of date data from, into, or between the year 1999 and the year 2000.
.ECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obliga-
OhS under this Service Agreement and may subcontract any portion of Motorola's performance called for
,y this Service Agreement.
;ECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the
~ttachments. When Motorola performs service at the Equipment's location, Customer agrees to provide
vlotorola, at no charge, a non-hazardous environment for work with shelter, heat, light, and power and
~/ith full and free access to the Equipment. Customer will provide all information pertaining to the hard-
rare and software elements of any system with which the Equipment is interfacing that enable Motorola to
)erform its obligations under this Service Agreement. Unless otherwise specified in the Attachments, the
~ours of Service will be hours of 8:30 a.m. to 4:30 p.m., excluding weekends and holidays.
;ECTION 7 PAYMENT Motorola will invoice Cusfomer in advance for each payment period. All
~ther charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the
~voice date to the Moforola office designated by Motorola. Customer agrees to reimburse Motorola for all
,roperty taxes, sales and use taxes, excise taxes, and other taxes or assessments (except income, profit,
termination of this Agreement. Customer's sole remedies are to require Motorola to re-perform the af-
fected Service or to refund, on a pro-rata basis, the Service fee paid for the affected Service. MOTQROLA
DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION~
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, Mo-
forola specifically disclaims all certifications regarding the manner in which Motorola conducts its business
or performs its obligations under this Service Agreement.
SECTION 10 DEFAULT/TERMINATION A. Customer agrees to provide Motorola written notice of
any default of this Service Agreement to state the nature of the default. Noncompliance with regulafory
laws or disadvantaged business entity requirements may not be cause for default. If Motorola does not
cure the default within sixty (60) days, Customer may terminate that portion of the Service Agreement that
is in default by giving Motorola thirty (30) days prior written notice. B. Any dispute will be resolved b
mutual agreement. C. Neither party is liable for delays or lack of performance resulting from any causes
such as sbikes, material shortages, or acts of God that are beyond that party's reasonable control.
SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision, Moforola's total liabil-
ity for losses, whether for breach of contract, negligence, indemnity, warranty, or strict liability in tort, is
limited to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOR
LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS,
LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges that the Service
Agreement supersedes all prior and concurrent agreements and understandings, whether written or oral,
related to the services performed. The Service Agreement or Attachments may not be altered, amended,
or modified except by a written agreement signed by both parties. B. Customer agrees fo reference this
Service Agreement on all purchase orders issued pursuant to this Service Agreement. Neither party wi~
be bound by any terms contained in Customer's purchase order or elsewhere (even if it is attached to the
Service Agreement). In the event of a conffict between the main body of this Service Agreement and any
Addenda or Attachments, the main body of this Service Agreement will take precedence, unless the Ad-
dendum or Attachment specifically states otherwise.
SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for
obtaining licenses or other authorizations required by the Federal Communications Commission ("FCC
or any other federal, state, or local government agency and for complying with all rules and regulations
required by such agencies. Neither Motorola nor any of its employees is an agent or representa§ve of
Customer in any governmental matters.
SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service Agreement does not
grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola
patent, copyright, trade secret, or other Intellectual property including any intellectual property created as a
result of or related fo the products sold or Services performed under this Service Agreement. B. Mo-
torola reserves the right to limit access to its confidential and proprietary information including cost and
pricing data.
SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service Agreement unen-
forceable, the remaining terms will continue in full force and effect. B. THIS SERVICE AGREEMENT
AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, C. Failure to exercise any right wil
not operate as a waiver of that right, power, or privilege. D. Except for money due upon an open ac-
count, no action may be brought for any breach of this Service Agreement more than one (1) year after
the accrual of such cause of action. E. The Service Agreement will begin on the Start Date specified in
the Attachments. This Service Agreement will renew, for an additional one year term, on every anniver-
sary of the Start Date unless either party notifies the other of its intention to discontinue the Agreement
within thirty days of that anniversary date. F. If Motorola provides Service after the termination or expira-
tion of this Agreement, the terms and conditions and any prices in effect at the time of the termination or
expiration will apply to that Service. Revision Date 3/98