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Resolution 2019-03 Resolution No. 2019-_0__._3: A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MINER ELECTRONICS COMPANY FOR RADIO MANAGED SERVICES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, after a thorough review of the sealed bids received for the purchase of portable GPS-enabled radio with software maintenance, the City Council waived competitive bidding on January 8, 2019 to pursue the alternate proposal of the manages services plan submitted by Miner Electronics Company. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the Professional Services Agreement, between the City and Miner Electronics Company attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City Clerk be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 12th day of February, 2019. City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS f JASON PETERSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 12'h day of February, 2019. Mayor Resolution No.2019- Page 1 r � r IMINER 5 Electronics Corporatior TERMS AND CONDITIONS FOR The United City of Yorkville RADIO COMMUNICATIONS SYSTEM MANAGED SERVICES AGREEMENT This TERMS AND CONDITIONS MANAGED SERVICES AGREEMENT is entered into as of the /7 day of4p('•,2019 by Miner Electronics,Inc.("Provider")and The United City of Yorkville,whose address is 800 Game Farm Rd.,Yorkville, IL 60560. The United City of Yorkville desires to engage Miner Electronics and Miner Electronics desires to accept such engagement by The United City of Yorkville to perform the goods and services set forth herein in accordance with the terms and conditions of this Agreement. NOW THEREFORE,in consideration of the terms and conditions contained herein and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged,the parties agree as follows: 1.) Engagement. The United City of Yorkville hereby engages Miner Electronics to perform and Miner Electronics agrees to perform for the benefit of The United City of Yorkville the services described on Exhibit A attached and incorporated herein by this reference or as otherwise agreed upon in writing by the parties during the Term. In the event that the parties,during the Term,agree in writing to any additional services,Exhibit A shall be deemed amended to include those agreed upon services,and said services shall be provided pursuant to the terms of the Agreement. 2.) Maintenance and Repair. Miner Electronics shall be responsible for the maintenance and repair(including parts&labor) of the equipment rented pursuant to this Agreement and shall keep the equipment in good condition and working order during the term of the Agreement. Miner Electronics will remain the sole owner of all rented radios throughout the term and at the end of the term agreement. Miner Electronics shall promptly repair or replace as appropriate,any malfunctioning equipment. Notwithstanding the foregoing,The United City of Yorkville shall be responsible for any abuse to the equipment by its employees,and for any equipment which is lost or stolen,the replacement costs of which shall be as set forth on Exhibit A,as well as equipment acceptance form provided when equipment is delivered. 3.) Compensation. Miner Electronics shall charge for the services rendered under this Agreement pursuant to Exhibit A attached on an Annual,Quarterly or Monthly basis. The United City of Yorkville shall pay the total amount due for the services in accordance with Exhibit B and accepts the trade discount Miner Electronics is offering on a monthly basis for the exchange of current radio infrastructure equipment that will be replaced. 4.) Term. The term of this Agreement shall commence on the date set forth in the preamble of this Agreement and shall expire on the fifth anniversary date of the commencement date,subject to earlier termination as set forth herein. The United City of Yorkville has the right to terminate this agreement,in writing,if Miner Electronics breaches provisions made under this agreement and fails in attempting to cure breach within 5 days following notice of such breach. If The United City of Yorkville options out of term prior to the initial 60 month term,in writing,they agree to pay the remainder of the 60 month contract minus 10%to fulfill their obligation. Payment for continuance of term after the initial 60 month time frame,is outlined in Exhibit A. 5.) Compliance with Laws. Miner Electronics shaii procure and keep in effect necessary licenses and permits that are appropriate for its performance of service for The United City of Yorkville. The United City of Yorkville agrees to use and maintain the equipment in accordance with all laws and regulations including those of the Federal Communications Commission.The United City of Yorkville agrees not to sell,pledge and/or encumber the equipment in any other manner or to sublease,assign and/or loan the equipment to any other party. 6.) Conflict of Interest. The United City of Yorkville represents that no employee or agent of Miner Electronics,its members or affiliates has been retained,paid a fee or otherwise has received or will receive any personal compensation or consideration by or from The United City of Yorkville including The United City of Yorkville's officers,agents,or employees in connection with obtaining,arranging,or negotiating this Agreement. 7.) Binding Effect/Assignment. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their permitted assigns. Neither party shall assign or otherwise transfer its rights or obligations under this Agreement except with the prior written consent of the other. 8.) Authority. Each of the parties hereby represents and warrants to the other party that it has the right,power and legal authority to enter into and fully perform its obligations under this Agreement,and this Agreement,when executed and delivered by the parties,will be a legal,valid and binding obligation enforceable against the parties in accordance with its terms. 500 451h Ave., Munster, IN 46321 219-924-1765 www.minerelectronics.com IIiO�'OJTOL450 UflONS 1 . �11l�1+IiER PWMUM CHANNEL PANTHEREIectrontics COfporation IN WITNESS WHEROF the parties have executed this Agreement as of the date first written above. MINE LE T O S,INC.: The Unite ity of Yo kvinge v By: L - J By: Print Name: IXl lT S' ���St1` Print Name: A P i J G<00SK 1 Title: V 1 CO �r�sJOJ Title: fz- Date:— YJ 17119 Date: �L� 500 451'Ave., Munster, IN 46321 219-924-1765 www.minerelectronics.com norowau so.-✓rroxs,, "" " RW7RNUM CNANNfI PARTNER EXHIBIT"A" FOR The United City of Yorkville Equipment to be included in the Managed Services Contract between Miner Electronics And The United City of Yorkville Communications Equipment-Infrastructure Model Number: Motorola Solutions SLR5700 Repeater Model Description: AAR10QCGANOAlAN (QTY 1) Serial Numbers as below: Serial Numbers to be provided at time of order and receipt of equipment � G► e 9" Communications Equipment-Subscribers Model Number: Motorola Solutions XPR 7550e Model Description: AAH56RDN9WA1AN Serial Numbers as below: Serial Numbers to be provided at time of order and receipt of equipment 'rit 1� 3 7 71 k 71 ra l✓ 32 T W(V9 7 W 7 u-0-GrJ Ttt ZIJ 9 7 ?/-1cA V6 6 6 /� 4, g7/ V O w s 5`I cd 01Z 7 tk -z tJ ti/ 6 _ /7Lk-Z u 7 W Additional equipment will be included to provide for a viable antenna system at the main site and for R56 mitigation. 500 4511 Ave., Munster, IN 46321 219-924-1765 www.minerelectronics.com LA SOUJI101s FllCEONAIfCHANNEL PARTNER Eiectronics Corporation EXHIBIT"B" FOR The United City of Yorkville Equipment to be included in the Managed Services Contract between Miner Electronics And The United City of Yorkville Description of Financial Details for Managed Services Contract Description of 5-year contract with Monthly Payments: First Monthly Payment: $13,125.00 (Includes 1st Monthly payment, installation and configuration and commissioning of system) Monthly Payment: $1,595.00 (Due Every Month for 59 consecutive Months beyond First Payment) At any time, additional Subscriber Radios may be added to this contract(by The United City of Yorkville)at a rate of$45.00 per radio, per month. Installation of said radios will be billed additionally. After initial 5 year term, Contract may be extended by The United City of Yorkville at a rate equal to 60% of initial payment. Alternatively, The United City of Yorkville may select to Purchase Communications System at a rate equal to 10% of initial cost. At any time, an inventory of available subscriber radios may be performed by Miner Electronics. If during the inventory, a serial number is found to be missing or damaged beyond repair, Miner Electronics will replace that serial number at their cost of$850.00 per unit to the United City of Yorkville. 500 45th Ave., Munster, IN 46321 219-924-1765 www.minerelectronics.com