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HomeMy WebLinkAboutResolution - 2012-R0435 - Contract - Dailey Wells Communications Inc.- Radio Shop Parts And Equipment - 11_08_2012Resolution No. 2012-RO435 November 8, 2012 Item No.5.27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11014 for radio shop parts and equipment, by and between the City of Lubbock and Dailey Wells Communications, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 8, 2012 ATTEST: Re cca Garza, City SecretarU APPROVED AS TO CONTENT: Llmc-� /1---j Mark earw od, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Dailey Wells Communications October 23, 2012 Resolution No. 2012-RO435 CONTRACT 11014 STATE OF TEXAS COUNTY OF LUBBOCK RADIO SHOP PARTS AND EQUIPMENT CONTRACT This contract for radio shop parts and equipment, effective as of November 8, 2012, is by and between the City of Lubbock, (City), a municipal corporation, and Dailey and Wells Communications, Inc. (Contractor). WITNESSETH WHEREAS, the City requires Contractor to provide radio shop parts and equipment for the City of Lubbock on an "as needed" basis; and WHEREAS, the Contractor is an authorized Harris dealer; and WHEREAS, the City desires to contract with Contractor to provide to radio shop parts and equipment; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this contract, the City and the Contractor hereby agree as follows: ARTICLE I TERM The contract shall be for a tenn of two (2) years for finn pricing discounts, said date of term beginning upon City Council date of formal approval. Upon mutual agreement between the City and the Contractor, the Contract may be extended annually for up to three (3) additional one (1) year terrns under the same terns and conditions otherwise herein stated. ARTICLE II COMPENSATION Contractor shall be paid in accordance with Exhibit A, attached hereto. ARTICLE III TERMINATION A. General. City may tenninate this contract, for any reason, upon Thirty (30) days notice to Contractor in accordance with Article XI of this Contract. Radio Sher Part: and Equipment B. Tennination and remedies. In the event the Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV REPRESENTATIONS AND WARRANTIES A Existence. Contractor is a corporation duly organized, validly existing, and in good standing in the State of Texas. B. Corporate Power/Authorization. The Contractor represents that the corporate representative designated to execute this document on the Contractor's behalf has full and complete authority to bind the Contractor, and that he is vested through the corporate Bylaws to enter into this Agreement and to perform its duties under this Agreement. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. ARTICLE V SCOPE OF WORK A. General. Contractor shall provide radio shop parts, equipment and services for the City of Lubbock on an "as needed basis". B. Equipment must work with the City's EDACS/P25 800 MHz Trunked Radio System. C. Except as provided herein, the Contractor agrees to assign to the CITY any warranty on equipment or software provided by the manufacturer or developer thereof. D. Contractor agrees to use their best effort to make available all parts and equipment required in maintaining operations of the system for the tenn set forth herein, unless discontinued by the manufacturer. ARTICLE VI INDEMNITY Contractor shall indemnify, defend, and hold harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may arise or accrue against the City as a result of the award of this Contract, to the extent it is caused by the negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees.The Contractor shall, at his own expense, appear, defend and pay all costs incurred by the City associated with the Claim, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge of the same. The Contractor will have no indemnity liability, for the Radio Shop Parts and Equipment 2 negligence or fault of the City. Contractor expressly understands and agrees that any bond, if required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify and hold harmless the City as herein provided. ARTICLE Vll INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE Vlll EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, subcontractors, or third parties, to perform certain duties of Contractor under this Contract, provided that Contractor is in no way relieved of any obligation under this Contract. ARTICLE IX COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE X CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI NOTICE A. General. Whenever notice fi-om Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall given by: (1) actual delivery of the written notice to the other party by hand; (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective in the third business day after such notice is so deposited. Radio Shop Parts and Equipment 3 Contractor's Address. Contractor's addresses and numbers for the purpose of placing an order: Attn: Richard Kirian Director, New Mexico and West Texas Region Dailey -Wells Communication, Inc. 801 Piedra Vista NE Albuquerque, New Mexico 86123 Telephone: (505) 453-2029 Facsimile: (505) 292-1943 Toll Free: (888) 311-9832. E-mail: rkirian(LvDWComm.com or Attn: Jim Sawyer Director of Corporate Sales Dailey -Wells Communication 3440 E. Houston St. San Antonio, TX 78219 Telephone: (210) 893-6701 Facsimile: (210) 893-6702 E-mail: jsawyer r DWComm.com All Purchase Orders Should be addressed to: Order Department Dailey -Wells Communications 3440 E. Houston St. San Antonio, Texas 78219 All Receivables Accounts Receivables Dailey -Wells Communications 3440 E. Houston St. San Antonio, Texas 782 t 9 ARTICLE XII MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. Radio Shop Parts. and Equipment 4 B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during nonnal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate services provided by the Contractor. D. Assignability. This Agreement may not be assigned by either party without the written consent of the other party. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances, other than those with respect to which it is held invalid or ineffective, shall not be effected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. I. Entire Agreement. This Contract, including Exhibit A hereto, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. Radio Shop Partti and Equipment 5 K. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK , Mayor ATTEST: 6 4qReecca Garza, City Se etar APPROVED AS TO CONTENT; CTOR Representative Print Name: � 1 `t'f\ Sn w \i ILA Title: 1) j d ; 6 Ln 0-� r -� Mark 'learwo d, Assistant City Manager/Chief Inforniation Officer APP O D A TO FORM: Chad Weaver, Assistant City Attorney Radio Shop Parts and Equipment 6 EXHIBIT A PRICING The City of Lubbock will receive the Manufacturer Standard Retail Price (MSRP) less a fixed discount for System/Network equipment, Repeater, Console Equipment and user/tenninal equipment as outlined below. The discount is based on the Equipment Class Code listed below and can be found left of the part number listed in the Harris Catalog. System/Network Equipment: Category includes VIDA, IMC, LTE, System Management, and Networking Systems. Equipment Class Code Discount C 25% N 25% P 2S% V 25% Site Equipment, Repeaters & C:3 IP Maestro Dispatch Console: Equipment Class Code Discount C 25% N 25% P 25% V 25°/o User/Terminal Equipment and Accessories: Equipment Class Code Discount C 25% N 25% P 25% V 25% Radio Shop Parts and Equipment City Of Lubbock PURCHASE ORDER a 4TEXAS TO: DAILEY WELLS COMMUNICATIONS 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 1 Date - 01/22/2014 Order Number 10010765 000 OP Branch/Plant 100 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: auk, Mana Alvarez, Director ot Purchasing & Contract Management Ordered 01/22/2014 Freight Requested 01/31/2014 Takers By Delivery PER C.CROW/REQ 43012 CONTRACT 11014 Description/Supplier Item Ordered M5300 MOBILE RADIOS 35.000 MARK-S8MEX 512 SYS/GRP FEATURE 35.000 MARK-NPL7Z SINGLE -KEY DES ENCRYPT FEATURE 35.000 HK-PL4U P25 TRUNKING UPGRADE FEATURE 35.000 MAHK PKUPT P25 PHASE 2 FEATURE 35.000 HK-PL4F SCAN REMOTE MOUNT CONTROL UNIT 35.000 MAHK-NCP9E REMOTE MOUNT ACCESSORIES 35.000 MAHK-NZN7R MICROPHONE 35.000 MAHK-NMC7Z D.TORRES Unit Cost UM Extension Request Date 1,781.2500 EA 62,343.75 02/28/2014 EA 02/28/2014 EA 02/28/2014 5625000 EA 19,687.50 02/28/2014 EA 02/28/2014 540.0000 EA 18,900.00 02/28/2014 270.0000 EA 9,450.00 02/28/2014 60.0000 EA 2,I00.00 02/28/2014 r C1 of Lubbock PURCHASE ORDER TEXAS TO: DAILEY WELLS COMMUNICATIONS 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 2 Date - 01/22/2014 Order Number 10010765 000 OP Branch/Plant 100 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Directo4f Purchasing & Contract Management ordered 01/22/2014 Freight Requested 01/31/2014 Taken By Delivery PER C.CROW/REQ 43012 CONTRACT 11014 DescriptionlSuppler Item Ordered Unit Cost UM FREIGHT 35.000 25.0000 EA FRT Terms NET 30 DAYS D.TORRES Extension Request Date 875.00 02/28/2014 Total Order 113,356.25 This purchase order encumbers funds in the amount of $113,356.25 for a purchase order awarded to Dailey Wells Communications, Inc. of San Antonio, Texas on November 8, 2012. The following is incorporated into and made part of this purchase order by Resolution No. 2012-R0435. CITY OF LUPWCK Glen Kobe'r66n, Mayor ATTEST: Re eca Garza, City Se t y DAILEY-WELLS COMMUNICATIONS, INC. 3440 E. Houston St., San Antonio, TX 78219 To: City of Lubbock From: Richard Kirian, 505-453-2029, rkirian@dwcomm.com Date: 12/17/13 PRODUCT - M5300 MOBILE RADIO Item Part Number Description Qnty. Unit List Disc. % Unit Sale Ext Sale M5300 RADIO - REMOTE MOUNT 1 MAHK-S8MEX Mobile, M5300,800MHz, EDACS 35 $ 2,375.00 25% $ 1,781.25 $ 62,343.75 2 MAHK-NPL7Z Feature,512 Systems/Groups 35 n/c 25% n/c n/c 3 HK-PL4U Feature, Single -Key DES Encryption 35 n/c 25% n/c n/c 4 MAHK-PKUPT Feature,Upgrade to P25 Trunkin 35 $ 750.00 25% $ 562.50 $ 19,687.50 5 HK-PL4F Feature, P25 Phase 2, TDMA 35 n/c 25% n/c n/c 6 MAHK-NCP9E Control Unit,CH721,Scan,Remote Mount 35 $ 720.00 25% $ 540.00 $ 18,900.00 7 MAHK-NZN7R Accessories, Remote Mount 35 $ 360.00 25% $ 270.00 $ 9,450.00 8 MAHK-NMC7Z M !crop hone, Standard,CH721 Control Unit 35 $ 80.00 25% $ 60.00 $ 2,100.00 9 FREIGHT Freight from San Antonio, Texas 35 $ 25.00 0% $ 25.00 $ 875.00 TOTAL $ 113,356.25 Price valid for 60 days from the date above. Terms: Net 30 Days Shipping: Pre -Pay and add to the invoice. a City of Lubbock PURCHASE ORDER TEXAS DAILEY WELLS COMMUNICA' TO: 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 1 Date - 05/16/2014 Order Number 32500465 000 OP Branch/Plant 325 N CITY OF LUBBOCK SHIP TO: RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK,TX 79457 BY: Marta Alvarez, Dire r of Purchasing & Contract Management Ordered 05/16/2014 Freight Requested 06/13/2014 Taken By Delivery PER LONG M REQ 43455 D GAMBOA CONTRACT # 11014 Description/Supplier Item Ordered M5300 MOBILE 14.000 MARK-SMEX SINGLE -KEY DES ENCRYT FEATURE 14.000 HK-PL4U 512 SYS/GRP FEATURE 14,000 MAHK-NPL7Z P25 TRUNKING UPGRADE FEATURE 14.000 MAHK-PKUPT P25 PHASE 2 FEATURE 14.000 HK-PL4F REMOTE MOUNT CONTROL. UNIT 14.000 MAHK-NCP9E REMOTE MOUNT ACCESSORIES 14.000 MAHK-NZN7R STANDARD MICROPHONE 14.000 MAHK-NMC7Z Unit Cost UM Extension Request Date 1,781.2500 EA 24,937.50 06/13/2014 EA 06/13/2014 EA 06/13/2014 562.5000 EA 7,975.00 06/13/2014 EA 06/13/2014 540.0000 EA 7,560.00 06/13/2014 270.0000 EA 3,780.00 06/13/2014 60.0000 EA 840.00 06/13/2014 of #Lubbc'otyck PURCHASE ORDER TEXAS DAILEY WELLS COMMUNICATION TO: 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 2 Date - 05/16/2014 Order Number 32500465 000 OP Rmnch/Plant 325 [N 2 CITY OF LUBBOCK SHIP TO: RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: I a a Alvarez. DirecT& of Purchasing & Contract Manapmeni Ordered 05/16/2014 Freight Requested 06/13/2014 Taken By CONTRACT # 11014 Description/Supplier Item Ordered FREIGHT 14.000 FRT XG25 PORTABLE 20,000 DPXG-PB78B 512 SYS/GRP FEATURE 20.000 DP-PL7Z SINGLE -KEY DES ENCRYT FEATURE 20.000 DP-PL4U P25 TRUNKING FEATURE 20M0 DP-PKGPT P25 PHASE 2 FEATURE 20.000 DP-PL4F BATTERY 20.000 DP-PA9Y ANTENNA 20.000 MAEX-NNC1K h=HZTirAe 8 1 Unit Cost UM Extension Request Date 25.0000 EA 350.00 06/13/2014 825.0000 EA 16,500.00 06/13/2014 EA 06/13/2014 EA 06/13/2014 562.5000 EA 11,250.00 06/13/2014 187.5000 EA 3,750.00 06/13/2014 75.0000 EA 1,500.00 06/13/2014 18.7500 EA 375.00 06/13/2014 r � / f City of ; Lubbo6 PURCHASE ORDER TEXAS TO: DAILEY WELLS COMMUNICA 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 3 Date - 05/16/2014 Order Number 32500465 000 OP Branch/Plant 325 INC SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 iNVO10ETO: CITYOF LUBBOCK ACCOUNT5PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: wd__,S�J& Marta Alvarez, Director ofPurchasing & Contract Management Ordered 05/16/2014 Freight Requested 06/13/2014 Taken By D GAMBOA Delivery PER LONG M REQ 43455 CONTRACT # 11014 Description/Supplier Item Ordered _ _ Unit Cost _UM Extension Request Date FREIGHT 20.000 20.0000 EA 400.00 06/13/2014 FRT XG75 YELLOW PORTABLE 25.000 1,653.7500 EA 41,343.75 06/13/2014 EVXG-PF78Y P25 TRUNKING FEATURE 25.000 825.0000 EA 20,625.00 06/13/2014 MAEV-PKGPT EDACS TRUNKING FEATURE 25.000 EA 06/13/2014 MAEV-PKGED 1024 SYS/GRP FEATURE 25.000 EA 06/13/2014 MAEV-NPL3R P25 PHASE 2 FEATURE 25.000 EA 06/13/2014 EVXG-NPL4F SINGLE -KEY DES ENCRYT FEATURE 25.000 EA 06/13/2014 EV-PL4U IMMERSIBLE RADIO OPERATION 25.000 180,0000 EA 4,500.00 06/13/2014 MAEV-PKGMR City of Lubbock PURCHASE ORDER rEXA$ TO: DAILEY WELLS COMMUNICATION 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 4 Date - 05/16/2014 Order Number 32500465 000 OP Branch/Plant 325 CITY OF LUBBOCK SHIP TO: RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2DOO h Al 10 LUBBOCK, TX 79457 BY: U1 Ar�V Marta Alvarez, Direct r of Purchasing & Contract Management Ordered 05/16/2014 Freight Requested 06/13/2014 Taken By D GAMBOA Delivery PER LONG M REQ43455 CONTRACT # 11014 Description/Supplier Item Ordered BATTERY 25.000 MAE V-PA2U ANTENNA 25,000 MAEX-NNC1K FREIGHT 25.000 FRT XG75 BLACK PORTABLE 75.000 EVXG-PF78B P25 TRUNKING FEATURE 75.000 MAEV-PKGPT EDACS TRUNKING FEATURE 75.000 MAEV-PKGED P25 PHASE 2 FEATURE 75,000 EVXG-NPL4F SINGLE -KEY DES ENCRYT FEATURE 75.000 EV-PL4U Unit Cost UM Extension Request Date 105.0000 EA 2,625.00 06/13/2014 18.7500 EA 468.75 06/13/2014 20.0000 EA 500.00 06/13/2014 1,627.5000 EA 122,062.50 06/13/2014 825.0000 EA 61,875.00 06/13/2014 EA 06/13/2014 EA 06/13/2014 EA 06/13/2014 s City of ��.lbboc� PURCHASE ORDER THAS DAILEY WELLS COMMUNICA TO: 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 5 Date - 05/16/2014 Order Number 32500465 000 OP Branch/Plant 325 C CITY OF LUBBOCK SHIP TO: RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICETO: CITYOFLUBBOCK ACCOUNTSPAYABL£ P.O. BOX 2000 h A LUBBOCK, TX 79457 BY: Marta Alvarez, Director of Ourt h L g 8c Cant Management Ordered 05/16/2014 Freight Requested 06/13/2014 Taken By D GAMBOA Delivery PER LONG M REQ43455 CONTRACT # 11014 Description/Supplier Item Ordered Unit Cost UM Extension Request Date 1024 SYS/GRP FEATURE 75.000 EA 06/13/2014 MAEV-NPL3R BATTERY 75.000 105.0000 EA 7,875.00 06/13/2014 MAE V-PA2U ANTENNA 75.000 18.7500 EA 1,406.25 06/13/2014 MAEx-NNCIK FREIGHT 75.000 20,0000 EA 1,500.00 06/13/2014 Total Order Terms NET 30 DAYS 343,898.75 This purchase order encumbers funds in the amount of $343,898.75 awarded to Dailey Wells Communications, Inc., of San Antonio, TX, on November 8, 2012. The following is incorporated into and made part of this purchase order by Resolution # 2012-R0435. CITY OF LUBBOCO Jr ATTEST: Glen C'Roaertson, Mayor ` � Rebecca Garza, City Se eta DAILEY-WELLS COMMUNICATIONS, INC. 3440 E. Houston St. San Antonio, TX 78219 To: City of Lubbock From: Richard Kirian, 505-453-2029, rkirian@dwcomm.com Date; 3/21/2014 PRODUCT - M5300, XP25P, AND XG75P RADIOS ITEM PART NUMBER DESCRIPTION Qnty. UNIT LIST DISC. % UNIT SALE EXT. SALE M5300 TRUNK MOUNT RADIO 1 MAHK-SBMEX Mobile, M5300,800MHz,EDACS 14 $ 2,375.00 25% $ 1,781.25 $ 24,937.50 2 HK-PL4U Feature, Single -Key DES Encryption 14 n/c 25% n/c n/c 3 MAHK-NPL7Z Feature,512 Systems/Groups 14 n/c 25% n/c n/c 4 MAHK-PKUPT Feature,Upgrade to P25 Trunkin 14 $ 750.00 25% $ 562.50 $ 7,875.00 5 HK-PL4F Feature, P25 Phase 2, TDMA 14 n/c 25% n/c n/c 6 MAHK-NCP9E Control Unit,CH721,Scan, Remote Mount 14 $ 720.00 25% $ 540.00 $ 7,560.00 7 MAHK-NZN7R Accessories, Remote Mount 14 $ 360.00 25% $ 270.00 $ 3,780.00 8 MAHK-NMC7Z Microphone, Standard,CH721 Control Unit 14 $ 80.00 25% $ 60.00 $ 840.00 9 FREIGHT Freight from San Antonio, Texas 14 $ 25.00 0% $ 25.00 $ 350.00 TOTAL $ 45,342.50 XG25P PORTABLE RADIO Scan 1 DPXG-PB78B Portable,XG-25P,764-870MHz,Scan 20 $ 1,100.00 25% $ 825.00 $ 16,500.00 2 DP-PL7Z Feature,512 Systems/Groups 20 no charge 251/1a n/c nlc 3 DP-PL4U Feature, Single -Key DES Enc ption 20 no charge 25% n/c nlc 4 DP-PKGPT Feature Packa e,P25 Trunkin 20 $ 750.00 25% $ 562.50 $ 11,250.00 5 DP-PL4F Feature,P25 Phase 2, TDMA 20 $ 250.00 25% $ 187.50 $ 3,750.00 6 DP-PA9Y Battery, Lklon,2000mAH 20 $ 100.00 25% $ 75.00 $ 1,500.00 7 MAEX-NNC1K Antenna,806-87OMHz,Whip 20 $ 25.00 25% $ 18.75 $ 375.00 B FREIGHT Freight from San Antonio, Texas 20 $ 20.00 0% $ 20.00 $ 400.00 TOTAL 1 $ 33,775.00 XG75P PORTABLE RADIO (System - Yellow EVXG-PF78Y Portable,XG-75,764-870MHz, System, Blk-Yel 25 $ 2,205.00 25% $ 1,653.75 $ 41,343.75 1 MAEV-PKGPT Feature Packa e,P25 Trunking 25 $ 1,100.00 25% $ 825.00 $ 20,625.00 2 MAEV-PKGED Feature Packa e,EDACS Trunkin 25 n/c 25% n/c n/c 3 MAEV-NPL3R Feature, Max(1024+) System/Groups 25 n/c 25% n/c n/c 4 EVXG-NPL4F Feature, P25 PHASE 2 TDMA 25 nic 25% n/c n/c 5 EV-PL4U Feature, Single -Key DES Encryption 25 n/c 25% n/c n/c 6 MAEV-PKGMR Option, Immersible Radio Operation 25 $ 240.00 25% $ 180.00 $ 4,500.00 7 MAEV-PA2U Battery, Li-Polmer,3600 mAH 25 $ 140.00 25% $ 105.00 $ 2,625,00 8 MAEX-NNC1K Antenna,806-870MHz,Whip 25 $ 25.00 25% $ 18.75 $ 468.75 9 FREIGHT Freight from San Antonio, Texas 25 $ 20.00 0% $ 20.00 $ 500.00 TOTAL $ 70,062.50 XG75P PORTABLE RADIO (System - Black EVXG-PF78B Portable,XG-75,764-870 MHz, System, Blk-G 75 $ 2,170.00 25% $ 1,627.50 $ 122,062.50 1 MAEV-PKGPT Feature Packa e,P25 Trunking, 75 $ 1,100.00 25% $ 825.00 $ 61,875.00 2 MAEV-PKGED Feature Packa e,EDACS Trunkin 75 n/c 25% n/c n/c 3 EVXG-NPL4F Feature, P25 PHASE 2 TDMA 75 n/c 25% n/c n/c 4 EV-PL4U Feature, Single -Key DES Encryption 75 n/c 25% n/c n/c 5 MAEV-NPL3R Feature,Max 1024+ System/Groups 75 n/c 25% n/c n/c 6 MAEV-PA2U Battery, Li-Polmer,3600 mAH 75 $ 140.00 25% $ 105.00 $ 7,875.00 7 MAEX-NNC1K Antenna, 806-870MHz,Whip 75 $ 25.00 25% $ 18.75 $ 1,406.25 8 FREIGHT Freight from San Antonio, Texas 75 $ 20.00 0% $ 20.00 $ 1,500.00 TOTAL $ 194,718.75 TOTAL $ 343,898.75 Price valid for 60 days from the date above. Terms: Net 30 days Shipping: Pre -Pay and add to the invoice. Resolution No. 2012—RO435 November 8, 2012 Item No.5.27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11014 for radio shop parts and equipment, by and between the City of Lubbock and Dailey Wells Communications, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 8, 2012 GLE ON, MAYOR ATTEST: Garza, City APPROVED AS TO CONTENT: Mark earw od, Assistant City Manager Chief information Officer 1 APPROVED AS TO FORM: f' Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Dailey Wells Communications October 23, 2012 CONTRACT 11014 STATE OF TEXAS COUNTY OF LUBBOCK RADIO SHOP PARTS AND EQUIPMENT CONTRACT This contract for radio shop parts and equipment, effective as of November S. 2012. is by and between the City of Lubbock, (City), a municipal corjroration, and Dailey and Wells Communications, Inc. (Contractor). WITNESSETH WHEREAS. the City requires Contractor to provide radio shop parts and equipment for the City of Lubbock on an "as needed" basis; and WHEREAS, the Contractor is an authorized Harris dealer; and WHEREAS, the City desires to contract with Contractor to provide to radio shop parts and equipment, and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this contract. the City and the Contractor hereby agree as follows: ARTICLE 1 TERM The contract sliall be for a term of two (2) years for firm pricing discounts, said date of teen beginning. upon City Council date of formal approval. Upon mutual agreement between the City and the Contractor, the Contract may be extended annually for up to three (3) additional one (1) year terms under the same terms and conditions othenyise herein stated. ARTICLE 11 COMPENSATION Contractor shall be paid in accordance with Exhibit A. attached hereto. ARTICLE III TERMINATION A. General. Cite may terminate this contract. for any reason, upon Thirty ( 0) days notice to Cotrtractor in accordance with Article XI of this Contract. RAhO Shop P:irr�z and Equipmcni B. Termination and remedies. In the event the Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including Without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the C011CUrrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV REPRESENTATIONS AND WARRANTIES A Existence. Contractor is a corporation duly organized, validly existing, and in good standing in the State of'I"exas. B. Corporate Power/Authorization. The Contractor represents that the corporate representative designated to execute this document on the Contractor's behalf has full and complete authority to bind the Contractor, and that he is vested through the corporate Bylaws to enter into this Agreement and to perform its duties under this Agreement. This Contract constitutes legal, valid. and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. ARTICLE V SCOPE OF WORK A. General. Contractor shall provide radio shop parts, equipment asrd services for the City of Lubbock on an "as needed basis". B. Equipment must work with the City's EDACS/P25 800 MHz Trunked Radio System. C. Except as provided herein, the Contractor agrees to assign to the CITY any warranty Oil equipment or software provided by the manufacturer or developer thereof. D. Contractor agrees to use their hest effort to make available all parts and equipment required in maintaining operations of the system for the term set forth herein, unless discontinued by (lie manufacturer. ARTICLE VI 1NDEMNITV Contractor shall indemnify, defend, and hold harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claints, patent claims, suits, liabilities, judgments, costs and expenses, which may arise or accrue against the City as a result of the award of this Contract, to the extent it is caused by the negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its entployees.The Contractor shall, at his own expense, appear, defend and pay all costs incurred by the City associated with the Claim, and, if any,judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge of the same. The Contractor will have no indemnih• liability for the R,idio Shop r'art� anal Equipn nt 7 negligence or fault of the Cite. Contractor expressly understands and agrees that any bond, if required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify and hold harmless the City as herein provided. ARTICLE VII INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall pertumh the duties under this Contract as an independent contractor. The Contractor has the sole: discretion to detemiine the manner in which the; services are to be performed. ARTICLE V111 EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, subcontractors, or third parties, to pert orni certain duties of Contractor under this Contract, provided that Contractor is in no way relieved of any obligation under this Contract. ARTICLE IX COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way. manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE X CONFIDENTIALITY Contractor shall retain all infonuation received from or concerning the City and the City's business in strictest confidence and shall not reveal such inf[omiation to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE X1 NOTICE A. General. Whenever notice from Contractor to City or City to ['contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall given hy: (1) actual delivery of the written notice to the ether party by hand; (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (s) by depositing the written notice In the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, I-CU11l1 receipt requested, in which case such notice shall be effective in the third business clay after such notice is so deposited. i olio Shop Pars an Equipment j R_ Contractor's Address. Contractor's addresses and numbers for the purpose of placing an order: Attn: Richard Kirian Director, New Mexico and West Texas Region Dailey -Wells Communication, Inc. SO Piedra Vista NE Albuquerque, New Mexico 86121 Telephone: (505) 453-2029 Facsimile: (505) 292-1943 Toll Free: (888) tI 1-9832 E-mail: com or Attn: Jim Sawyer Director of Col-horate Sales Dailey -Wells Communication 3440 E. Houston St. San Antonio, TX 78219 Telephone: (210) 893-6701 Facsimile: (210) 893-6702 E-mail: jsaw�cr+_zD1VC='cm�en.c_,it� All Purchase Orders Should be addressed to: Order Department Dailey -Wells Communications 3440 E. Houston St. San Antonio. Texas 78219 All Receivables Accounts Receivables Dailey -Wells Communications 3440 E. HOLlSton St. San Antonio, Texas 78219 ARTICLE XII MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construillg this Contract. Radio Shop P.nt and f=yiiilament 4 B. Audit. Contractor shall provide aecess to its corporate books and records to the City. The City nay audit. at its expense and during no[Znal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate services provided by the Contractor. D. Assignability. This Agreement may not be assigned by either party without the written consent of the other party. E. Successor and Assigns. This Contract binds and inures to the benefit of the Citv, Contractor, and their respective successors, legal representatives, and assigns. F. C11IISt1-LletiOn and Venue. THIS CONTRACT SHALL BE GOVERNED BYAND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK. FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE. ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be Invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances, other than those with respect to which it is held invalid or ineffective, shall not be effected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. Entire Agreement. This Contract, including Exhibit A hereto, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, Warranties. or representations relating to or affecting the inatters contemplated herein. J. At anv time during, the term of the contract, ur thereafter, the City, or a duly authorized audit representative of the Citv or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option. reserves the right to deduct such amouItts owing the City from any payments due Contractor. RlldiO �hu�i t'arl; J11d Fquipimmi K. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including- without limitation, the rid-bt to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK Glee, . Robertson, Mayor ATTEST: TRACTOR 77Ltiorized Representative Print Name:3_1 w\ S fA w y 11iL - Title: 1� Reb('ta Garza, City Secrct ry APPROVED AS TO CONTENT: Mark carwc d, Assista t City Manager/Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney 16dio Shop furls and Lyuipnwnt 6 EXHIBIT A PRICING The City of LUbbock will receive the Manufacturer Standard Retail Price (MSRP) less a fixed discount foi- Systcm Network equipment, Repeater, Console Equipment and user/tcrrninal equipment as outlined below. The discount is based on the Equipment Class Code listed below and call be found left of the Dart number listed in the Harris Catalog. System/Net-work Equipment: Category includes VIDA, IMC, LTE, Svstem Management, and Networking Systems. Equipment Class Code Discount c 25°,'1, N 25% p 25% V 25a/o Site Equipment, Repeaters & C3 IP Maestro Dispatch Console: Equipment Class Cade Discount C 2 5`;b N 25% P 25ON, V 25% User/Terminal Equipment and Accessories: Equipment Class Code Discount C 25"/n N 25'i, P 25°iu V 25% Radio Shop PX't.N anL) Ujtiipmcnt WOO Contract: 11014 Amendment: of Change Order: of RFP/131D: Sole Source CONTRACT COVER SHEET City Council Agenda: will this item be placed on a future City Council Agenda? Yes (enter date of meeting to the right) 1 1/08/2012 Reason for being on future agenda: Over S50,000 Required Signatures: Insurance C'crttfi ute R • d'1 N prruved &Attached: No Risk Manager. ` / - Date: Director of Fiscal Puii.�_ Date: T City Manager Direct Report: Date: 0 L i Originating Department and individual Responsibllefor Ensuring Contract Terms and Contract Compliance: Department: Radio Shop Name: Clifford Crow Phone Number. (806) 775-2357 Tide: Communications Manager nnonnunon tar i enaorr-ontractorr:%geacy or tuner nniny LAuy at r,uaooctt is v omrac"ng with: Name of Entity: Dailey -Wells Communications Address: 3440 E Houston ST City: San Antonio State: TX Zip: 78219 Contact Name: Kichard Kirian Contract signatory: Title: Director, New Mexico and West Texas Region Phone No.: (505) 453-2029 Not No.: (505) 292-1943 E-mail: rkirian@DWcomm.com Contract Information: Effective Date: 1 1/09/2012 End Date: 1 i/7/2A i 3 Notice to Proceed + El '� Specify No. of Days Term Contract of a year(s) + _� Renewals, Brief Description of Goods or services or arrangements covered by the terms of the contract: Dailey Wells Communications provide 800 MHz Radio Parts and Equipment services for the City of Lubbock on an "as needed basis. d 'IT Financial Inrorniation (The account information will be entered into E1 for payment): Cost Ccnter/Prcjeet No: Yl 6,�cc+oun(: ` Y 'taseE i tl y Original Contract Amount: S 250,f1170.00 Cost Center/Project No: Account: Phase Change Order No.: of Will Contract Generate Revenue: No $0.00 Change Order Amount: Will Contract be paid from grant funds: No i New Contract Amount: $250,090.00 Reviewed by Director of Purchasing S: Contract hlanagcowntAAl' 1, Date: ffz ep/ PIJR-01 (Rev 10/2012) %MAMWa a Contract Checklist (Nol applicable to Chaetge Orders or AmendnrenYs) 1. Is this individual or owner of this bUS5 ness an officer or employee of the City of Lubbuck" {vote: If Yes, City policy may not allow us to write a contract lire this indicidualNendor. lfunsure, cheek with Legal NO 2, Does the contract include language for Illsnrancc Regtrirvinent5.r No Note: If Yes, contact Risk Managetricnl at I S06) 775-2277. 3, Does the contract involve work by the Contractor oil City owned property'? Yes Note: If Yes, contact Risk Management at (806) 775-2277. 4. Does the contract involve the purchase of hardware, sotlware, tinnware or computer component acquisition? Yes Note: If Yes, A Purchase Requisition from Information Technology is required. Contact IT at (;i06) 775-2374. 5. Does the contract involve a purchase valued at $2,500 or inore? Yes [Note: if Yes, For assistance, contact your Buyer in the Purchasing Department.) b. Does the contract involve a purchase valued at S25,000 or more., Yes [Mute: if Yes, Formal Competitive Sealed Bidding, is required. for assistance, contact your Buyer in Purchasing.) 7, Does (lie contract in%olve Consulting Services valued at 525,000 or inure? Yes [Note: If Yes, requires Request for Qualifications. Contact Director of Purchasing 3 Contract Management (S06) 775-2572.) M. If lederal or state funded. does (lie contract include all clauses required by federal or state statutes and executive orders and Yes their impletmenting regulations? 9. If the purchase/transaction involves the purchase, lease, or acceptance as a gift ofreal estate, has an environmental site No assessment (ESA) been performed on the property'? [Note: ll No, contact Environmental Compliance.] Forward the complete contract package to Contract Management, City Hall Suite 204, for review, approval and contract executinn. The complete package includes one (1) copy of the completed Contract Cover Sheet (for internal City use only); minimum of three (3) originals of the contract or amendment; and nunimum of three (3) originals of all other certifications and contract addenda. PCR-1H IRv 10 W121 VCity of ubbock TEXAS PURCHASE ORDER TO: DAILEY WELLS COMMUNICATIONS INC 3440 E HOUSTON ST SAN ANTONIO Texas 78219 Page - 1 Date - 06/08/2016 Order Number 32500666 000 OP Branch/Plant 2242 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP ATTN: CLIFFORD CROW 530 36TH STREET, SUITE 200 LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: - W�A A&—x/'o Marta Alvarez, Director of P ft hasing & Contract Management Ordered 06/08/2016 Freight Requested 06/08/2016 Taken By Delivery PER C CROW REQ 47753 Description/SuppIier Item NM-VM2A SOMVAP,E, KMF VM SERVICE Terms NET 30 DAYS CONTRACT 11014 Ordered Unit Cost UM 1.000 57,720.0000 EA D GERMAIN Extension Request Date 57,720.00 06/08/2016 1.000 5,000.0000 EA 5,000.00 06/08/2016 Total Order 62,720.00 INSURANCE CERTIFICATE REQUIRED PRIOR TO INSPECTION: ieneral Liability- Commercial General Liability per Occurrence $1,000,000 *Products-Comp/OP AGG* Personal and Adv. Injury *Contractual Liability Workers Compensation: $1,000,000 Auto Liability: $1,000,000 V W. The City of Lubbock shall be named as additional insured on Auto/General Liability on a primary and non-contributory basis to include products of completed operations endorsements, with a Waiver of Subrogation in favor of the City of Lubbock on all coverages. This purchase order encumbers funds in the amount of $62,720.00 awarded to Dailey Wells Communications, Inc. of San Antonio, TX on November 8, 2012. The following is incorporated into and made part of this purchase order by reference: Contract 11014 dated November 8, 2012, from Dailey Wells Communications, Inc. of San Antonio, TX. Resolution No. 2012-R0435. C1 K Daniel M. Pope, Mayor AT EST: Rebec a Garza, City Secretary DAILEY-WELLS COMMUNICATIONS, INC. 3440 E. Houston St., San Antonio, TX 78219 To: City of Lubbock From: Richard Kirian, 505-453-2029, rkirian@dwcomm.com Date: 5/24116 PRODUCT - NSC SOFTWARE /"* R/t/S Item Part Number Description Qnty. Unit List Disc. % Unit Sale Ext Sale SOFTWARE 1 NM-VM2A SOFTWARE, KMF VM 1 $ 78,000.00 26% $ 57,720.00 $ 57,720.00 2 SERVICES INSTALLATION 1 $ 5,000.00 0% $ 5,000.00 $ 5,000.00 TOTAL $ 62,720.00 Note: To be installed on existing VIDA NSC. Price valid for 60 days from the date above. Terms: Net 30 Days Pre -Pay and add to invoice.