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HomeMy WebLinkAbout2015-223ORI[OINAL COMMUNICATIONS INTERNATIONAL 4450 US 1 • Vero Beach, Florida 32967 • Telephone. (772) 569-5355 • Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number CI -10-146 This Contract is entered into by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 (" "Cr), and Indian River County Board of Commissioners, located at 1801 27th Street (the "Customer"), on the 1St day of October 2015, (the "Effective Date"). WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other electronic equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described herein; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; and WHEREAS, the Parties hereby desire to enter into this Contract to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and suffiCiency of which is hereby acknowledged and confessed, the Parties agree as follows. 1. DEFINITIONS A. Parties — shall mean, collectively, Ci and the Customer. B. Services — shall mean those services to be provided by Ci to the Customer pursuant to this Contract, but not limited to maintenance, repair, replacement, labor and testing. C. Contract — shall mean this document along with all documents attached hereto and incorporated herein by reference. D. Terminal Equipment — shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract. E. Fixed Equipment — shall mean site repeater stations and associated equipment, multi -site coordinator, console electronic equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract. F. Other Equipment — shall mean any other electronic equipment that is listed in this Contract and defined herein. G Demand Services — shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. H. Normal Working Hours — shall mean 8:00 am until 5.00 pm, local time, Monday through Friday, excluding Federal and State Holidays ("Business Days"), unless otherwise defined. I. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day, seven days per week, including Federal and State Holidays. Page 1 of 12 ORIGINAL 2. SCOPE OF CONTRACT Ci agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described herein, including Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance with Exhibit C of this Contract. 3. TERM OF CONTRACT A. The term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of the Term, unless (I) either party notifies the other party, in writing, at least ninety (90) days prior to expiration of this Contract (the "Renewal Notice") or (I1) in the event Ci proposes new terms, conditions, or pricing ("New Terms"), such New Terms are not accepted by the Customer in the Renewal Notice There shall be no more than four (4) renewals to this contract. B. This contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web site (http:\\www.bls.gov/cpi/home.htd)• 1. Select the "South Urban region of the U S. Map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract The percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D. D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full forty-five (45) days after receipt of invoice Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal or reinstallation of equipment, shall be performed by Ci, following reasonable notice to the Customer at the rates listed in Exhibit C and at a time agreed to by both Parties. B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C. C In addition to the Services specified in this Contract, the Customer may order other work to be provided by Ci, including specially designed work or services otherwise not covered by this Contract ("Special Requirements Order"). Within ten (10) business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (11th) Business Day after receipt. Page 2 of 12 ORIGINAL D. Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance of Ci's proposal. E. Unless otherwise specifically agreed between Ci and the Customer, in writing, the terms and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section 16 of this Contract. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract. G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. If Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit C H. Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Contract. 7. PREVENTIVE MAINTENANCE Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 8. DATABASE REPROGRAMMING Annual mobile radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramming changes will be provided periodically, upon request, at no cost to the Customer. 9. ADDITIONS AND DELETIONS A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove EQUIPMENT from Exhibit B. Such Terminal Equipment must be identified by individual LID numbers, serial numbers and property ID numbers. B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged to the Customer the following month. 10. RESPONSE TIME The estimated time of repair of Terminal Equipment delivered to Ci's local facility is three (3) to seven (7) Business Days. 11. FORCE MAJEURE Ci will not be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions, governmental action or by causes beyond the reasonable control of Ci. In such event, any obligation of Ci under this Contract will be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state the revised date for performance 12. INDEMNIFICATION To the extent allowable by law, Ci shall indemnify and save harmless the Customer from any and all liability, claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of its work under this Contract, where Page 3of12 ORIGINAL such claim, damage, loss, or expense is directly caused by the negligence or intentional wrongful act or omission of Ci, its agents, employees, or any of its subcontractors, in connection with or pursuant to this Contract. 13. LIMITATION OF LIABILITY The liability of Ci pursuant to Section 12 shall not exceed the greater of an aggregate limit of $50,000 or the amount actually paid by the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed. 14. INSURANCE A. Within thirty (30) days of the execution of this Contract, Ci shall furnish the Customer with certificates of insurance showing that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The certificates of insurance shall also provide that at least thirty (30) days notice in writing shall be given to the Customer of any cancellation or reduction of coverage before such coverage is cancelled or reduced. B The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shall not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain insurance as required by this Section. 15. CANCELLATION This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days notice, in writing, by overnight delivery, personal delivery or registered mail return receipt requested to the other party Such notice shall be effective upon receipt. 16. ENTIRE CONTRACT AND MODIFICATION This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. AUTHORIZED SIGNATURE - CONTRACT NUMBER CI -10-146 IN WITNESS HEREOF, Communications International, Inc. and the Customer have caused this Contract to be signed as of the Effective Date set forth above COMMUNICATIONS INTERNATIONAL, INC. By: Title: C F.7 Name. Date. / tic/Lc 3/9R /S/I-.S- 3/9a fay Ke/4-7 � l cUMM/SS. �.• . ;vo.J'F�• ATTEST: (*t''`foJeffrey R. Smith,• n -'' $Y: , i'`" :T.: `y - 't ,4' 4./ .9i ERCOUt1 . Page 4 of 12 INDIAN RIVER COUNTY BBOA OF COMMISSIONERS By: JC32-ea—a.. x:e Title: Chairman Name. Bob Solari Date. November 17, 2015 Clerk of Courts and APPROVED AS TO FO AND FF AY IDEPU;y4"couthmtc.°66RAALlanoilmy Contract Number CI -10-146 EXHIBIT "A" SCOPE OF WORK ORIGINAL During the term of the Contract, Ci agrees (i) to provide the Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the prices set forth in Exhibits B and C. 1. Conditions of Service Ci shall supply staffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal Equipment Maintenance 3. Fixed Equipment Maintenance A. Emergency Service shall be provided by Ci for Fixed Equipment Maintenance and Ci will respond within two (2) hours of the Customer's request for Emergency Service. B Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due to user or third party negligence, installation or removal; liquid intrusion, lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. Ci shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i) improper operations of Customer or any third party or (ii) failure of Associated Systems. "Associated Systems" are defined as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci. 4. Preventative Maintenance Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will correct any deficiencies found. 5. General All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment listed in Exhibit "B" Page 5 of 12 Contract Number CI -08-10-146 COMMUNICATIONS INTERNATIONAL 4450 US Highway 1 Vero Beach, FL 32967 772-569-5355 Fax: 772-567-2292 ORIGINAL EXHIBIT "B" Equipment and Pricing List Budgetary Quote Agreement # Customer # IRC130BB Customer Details Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 772-567-3160 Bill To: Indian River County Emergency Services Radio Systems Manager 1840 25th Street Vero Beach, FL 32960 Document Details Contract # CI -10-146 Purchase Order # Covered Period: October 1, 2015 - September 30, 2016 Billing Details South Tower Site Qty 2014/2015 South Urban Cpi 2015/2016 Unit Monthly Amount Amount Unit Amount -0.30% Channels Mastr III Stations Channel Site Pro's Receiver Multicoupler with Tower Top Amp Network Sentry Server Simulcast Common Transmit Equipment Mastr III Mutual Aid Channels Intraplex Multiplexer Microwave Radios Egret Marsh Microwave Radios 15 15 1 1 1 6 123.64 (0.37) 42.18 (0.13) 136.00 (0.30) 30158 (0.90) 309 07 (0.93) $ 123 64 (0.37) (0.09) (0.37) 117 49 (0.35) $ 3 $ 29 05 4 $ 121 89 2 Page 6 of 12 $ $ 123.27 1,849 05 $ $ 42.05 630.75 $ $ 135.70 135 70 $ $ 300.68 300 68 $ $ 308.14 308 14 $ $ 123.27 739 62 $ $ 28.96 86 88 $ $ 121.52 486 08 $ $ 117.14 234.28 T1 Switch IP Network Equipment Total for South Site Simulcast Control Point 4 2 Qty $ 29 05 (0.09) 120 55 (0.36) Unit Amount ORIGINAL $ $ 28.96 115 84 $ $ 120.19 240.38 5,127.40 Monthly Amount $ Vertical Site Pros Intraplex Multiplexers Egret Marsh Intraplex Multiplexer Network Sentry Server Control Point Common Equipment & Alignment Rack 15 Analog & Digital Voters Egret Marsh Down Links SIM DC Power System IP Network Equipment Total for Simulcast Control Point North Tower Site 15 3 1 1 1 1 1 1 115 13 (0.35) $ 29 05 (0.09) $ 27 04 (0.08) $ 30158 (0.90) $ 309 07 (0.93) 126 50 (0.38) $ 29 10 (0.18) $ 253.00 (0.76) $ 364 71 (1.09) $ 1 120 55 (0.36) $ Qty Unit Amount 114.78 28.96 26.96 300.68 308.14 126.12 28.92 252.24 363.62 120.19 1,721 70 $ 86.88 $ 26.96 $ 300 68 $ 308 14 $ 126 12 $ 28.92 $ 252.24 $ 363 62 $ 120 19 3,335.45 Monthly Amount Mastr III Stations Channel Site Pro's Receiver Multicoupler with Tower Top Amp Network Sentry Simulcast Common Transmit Equipment Mastr III Mutual Aid Channels Intraplex Multiplexer DC Power Supply System T1 Switch Microwave Radios 15 15 1 1 1 0 3 1 4 5 123 64 (0.37) $123.27 42.18 (0.13) $42.05 136.00 (0.41) $135.59 301 58 (0.90) $300 68 309 07 (0.93) $308.14 $0.00 $ 29 05 (0.09) $28.96 $ 296 70 (0.89) $295.81 $ 29 05 (0.09) $28.96 $ 123.56 (0.37) $123.19 $ $ $ $ Page 7 of 12 1,849.05 $ 630 75 $ 135.59 $ 300 68 $ 308.14 $ 86 88 $ 295 81 $ 115.84 615 95 IP Network Equipment Total for North Site Fellsmere Tower Site ORIGINAL 1 120 55 (0.36) $120.19 Qty Unit Amount $ 120 19 $ 4,458.88 Monthly Amount Mastr III Stations Channel Site Pro's Mastr III Mutual Aids Channels Downlinks Sim Network Sentry Server Receiver Multicoupler with Tower Top Amp Intraplex Multiplexer DC Power Supply System Microwave Radios IP Network Equipment Total For Fellsmere Site Dispatch Equipment 7 $ 123.64 7 $ 42.18 0 (0.37) (0.13) 123.27 $42.05 862.89 294 35 1 $ 2910 (0.18) 28.92 28.92 1 $ $ 253 00 (0.76) 252.24 252.24 1 $ $ 30158 (0.90) 300.68 300.68 1 $ $ 136.00 (0 41) 135.59 135.59 2 29 05 (0 09) 28.96 57 92 1 $ $ 296 70 (0.89) 295 81 295.81 2 $ $ 123 56 (0.37) 123 19 246.38 1 $ $ 120 55 (0.36) 120.19 120 19 Qty Unit Amount 2,594.97 Monthly Amount Maestro NT Dispatch Consoles IMC/CEC Switch *Microwave Alarm Pc *DVIU *MOM System *CSD *CSD Client Netclock -GPS Intraplex Multiplexers - 10 1 1 0 173 07 $ 871 60 29 10 (0.52) (2.61) (0.18) 172.55 868.99 28.92 1,725.50 868.99 28 92 1 $ $ 370 88 (1.10 369.77 369 77 1 $ $ 111.26 (0.33) 110.93 110 93 1 $ $ 339 99 (1 02) 338.97 338.97 1 98 90 (0.30) 98.60 98.60 2 $ $ 5192 (0.16) 51.76 103.52 11 $ $ 29 05 (0.09) 28.96 318.56 Page 8 of 12 II Zetron Model 25 Encoders 5 Orion Remote Back-up Radios 9 Microwave Radios (IRCSO,VBPD,Seb PD dispatch) 3 T1 Switch (VBPD & SO) 2 IP Network Equipment 1 UPS battery backup (located at South site) 1 Total for Dispatch Equipment Hobart Tower Site Qty $ ORIGINAL $ 30 92 (0 09) 30.83 154 15 $ (0.09) 29.57 26613 $ (0.37) 123.19 369.57 $ 29 05 (0 09) 28.96 57 92 $ (0.36) 120.19 12019 $ $ 45 32 (0.14) 45.18 45.18 $ 29 66 $ 123.56 $ $ 120 55 Unit Amount $ 4,976.90 Monthly Amount Mastr 111 Back-up Stations Receiver Multicoupler with Tower Top Amp Intraplex Multiplexer Med 4 Station Med 8 Station VHF County Paging System Station VHF EM/Fire Page Station Total for Hobart Site Egret Marsh Site 15 1 1 0 1 1 1 Qty $ 49 46 $ 136.00 $ 29 05 $ (0.15) (0.41) (0.09) 49.31 135.59 28.96 $ 739.65 $ 135.59 $ 28.96 $ $ 43.27 (0.13) 43.14 43 14 $ 129 82 (0.39) 129.43 129 43 $ 129 82 (0.39) 129.43 129 43 $ $ Unit Amount $ 1,206.20 Monthly Amount Mastr III Stations Network Sentry Simulcast Common Transmit Equipment Intraplex Multiplexer DC Power Supply System Microwave Radios Total for Egret Marsh 15 1 1 1 1 2 $ 159 77 (0.48) $ 301 58 (0.90) $ 293 93 (0.88) $ 27 63 (0.08) $ 281 34 (0.84) $ 117 49 (0.35) Page 9 of 12 159.29 300.68 293.05 27 55 280.50 117.14 $ 2,389 35 $ 300 68 $ 293.05 $ 27 55 $ 280.50 $ 234.28 $ 3,525.41 Cost Summery for Oct 2015 -Sept 2016 12 months Monthly Totals South Tower Site $ 5,127 40 Simulcast Control Point $ 3,335.45 North Tower Site $ 4,458.88 Fellsmere Tower Site $ 2,594 97 Dispatch Equipment $ 4,976 90 Hobart Tower Site $ 1,206.20 Egret Marsh Site $ 3,525 41 Fuel Adjustment $ 75.00 Total Monthly Maintenance for Sites: $ 25,300.21 Total Oct -Sept Maintenance: $303,602.52 ORIGINAL The Consumer Price Index Southeast Urban Region of -0.3 has been subtracted off each equipment line item that was on 2014-2015 agreement: Page 10 of 12 Contract Number CIL10-146 EXHIBIT "C" ORIGINAL DEMAND SERVICE RATES Demand Services Rate Per Hour Support Staff $ 50.00 Cabler $ 57.00 System Installer $ 62.00 System Design Engineering Hourly Rate $ 150.00 Maintenance Technician (Bench) $ 88.00 RF Engineer $ 125.00 IT Engineer $ 125.00 Site Manager $ 80.00 Project Manager $ 100.00 Emergency Service Rate Rate * 1.5 Expenses Actual Lodging Actual Per Diem IRS Rate Travel Time Actual Page 11 of 12 Contract No. CI -08-10-146 EXHIBIT "D" Pricing Discounts ORIGINAL Pricing discounts for all Harris manufactured equipment will be at the current Public Safety discount level of 28% off list price published on the Harris website All list pricing will reference the most current pricing available. All vendor items will be priced at current published "Public Safety or Government" discount levels. Discounts on all other manufactured equipment, custom equipment, and software not having published discount levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by Ci in the State of Florida. Page 12 of 12