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Home My WebLink AboutR-2023-102 Approving a Maintenance Agreement with Blue Valley Public Safety, Inc.RESOLUTION NO. R-2023-102 A RESOLUTION APPROVING A MAINTENANCE AGREEMENT WITH BLUE VALLEY PUBLIC SAFETY, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Maintenance Agreement with Blue Valley Public Safety, Inc., a copy of which is attached hereto, is hereby approved in the amount of $5,244.00, and further that the Mayor is authorized to sign such agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, the Fire Chief, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 1 g day of 2023. y MAyor Kath een L. Rose ATTEST: ,Robin Kincaid, City Clerk N - BVPS )));- Complete Solutions Blue Valley Public Safety Inc, Contact Name: Assistant Chief Keith Payne Customer: City of Riverside Address: 2990 NW Vivion Rd City: Riverside State: MO Zip 641SO Phone: 816-372-9211 Cell: 816-98S-3818 Email: kpayne@riversidemo.gov Notes: Contract Model Ita� Nn 1'fh, Nn 509 James Rollo Dr - PO Box 363 Grain Valley, MO 64029 1-800-288-5120 MAINTENANCE AGREEMENT Maintenance Agreement No.: 315231320 Please reference this no. on your order Date: 3/15/23 Maintenance Period Unit Per Month Month Total Ann„al 1 3 Contract MC-2001ACDC 12 Month Maintenance Contract on the Following Equipment Standard Terms: 96 Hour Response Time / Business Days does not cover damage due to Vandalism, Theft, Misuse, Lightning or other Maintenance Contract for Model 2001 508 Ecli se E uinox ACDC Head Acts of Nature. 1 21.501 64.501 774.00 2 3 MC-DCFCTD Maintenance Contract for Two -Way DC Siren Control 19.75 $59.25 $711.00 3 12 MC -GATT Maintenance Contract per Standard Battery 8.25 $99.00 $1,188.00 4 1 MC-MOD4-12 Maintenance Contract for Modulator Siren 4001200 watts 25.50 $25.50 $306.00 5 1 MC-UVTDH Maintenance Contract for Two -Way Ultravoice Controller and Amps $41.75 $41.75 $501.00 6 1 MC-PVS Maintenance Contract for Solar Charging System 10.00 $10.00 $120.00 7 1 4 MC-BATT-SOLAR 1 Maintenance Contract per Batter Extended Capacity or Solar Site 9.50 38.00 456.00 8 1 MC-SS2000 Maintenance Contract for SS2000 Series Encoder 22.00 22.00 264.00 9 1 1 MC-SFCD10 lSoftware Warranty for Commander Software up to 10 Sites 1 $77.001 $77.001924.00 Total of Contract Monthly $437.00 Total of Contract Annually $S,244.00 Contract Notes: Terms / Conditions Prices are firm for 120 days from the date of quotation unless otherwise shown. Upon acceptance, prices are firm for 6 months. This quotation is expressly subject to acceptance by Buyer of all Terms stated in the attached Terms document,and any exception to or modification of such Terms shall not be binding unless expressly accepted in writing by an authorized agent or Office of the Seller. Any order submitted to Seller on the basis set forth above, in whole or in part, shall constitute an acceptance by Buyer of the Terms. Any such order shall be subject to acceptance by Seller in its discretion. Installation is not included unless specifically quoted as a line item above. Sales Tax: Sales Tax will be additional unless an Exemption Certificate is provided. Proposed By: Dee A Wieduwilt Company: Blue Valley Public Safety Inc. Address: P.O. Box 363 - 509 James Rollo Dr. City,State, Zip: Grain Valley, MO 64029 Country: USA Work Phone 1-800-288-5120 Fax: 816-847-7513 Approved By: Dee Q `GJieduwiPa Purchase Order must be made out to, and e-mailed, mailed or faxed to: Blue Valley Public Safety, Inc. , PO Box 363, Grain Valley, MO 64029 Fax:816-847-7513 dee@bvpsonline.com Page 1 2014 v5 Riverside MO 2023 Maintenance Aqrmt.xlsm BVPS Complete Solutions Blue Valley Public Safety Inc. Title: office Manager Contact Name: Assistant Chief Keith Payne Customer: City of Riverside Address: 2990 NW Vivion Rd City: Riverside State: MO Zip 64150 Phone: 816-372-9211 Cell: 816-985-3818 Far: s Email: kpayne@riversidemo.gov Accepted By: 509 James Rollo Dr - PO Box 363 Grain Valley, MO 64029 1-800-288-5120 MAINTENANCE AGREEMENT Maintenance Agreement No.: 315231320 Please reference this no. on your order Date Quoted: 3/15/23 on tipq document on behalf of the above mentioned Company or Government Entity. Title: t Date: Purchase Order must be made out to, and e-mailed, mailed or faxed to: Blue Valley Public Safety, Inc. , PO Box 363, Grain Valley, MO 64029 Fax:816-847-7513 dee@bvpsonline.com Page 2 2014 v5 Riverside MO 2023 Maintenance AL7rmt.x1.sm BVPS Complete Solutions Blue Valley Public Safety Inc. 509 James Rollo Dr - PO Box 363 Grain Valley, MO 64029 1-800-288-5120 TERMS AND CONDITIONS MAINTENANCE AGREEMENT This Maintenance Agreement (this Agreement) is between Blue Valley Public Safety ("BLUE VALLEY") and the ("CUSTOMER") as indicated on the reverse side of this Agreement. Inconsideration of the mutual agreements herein contained, BLUE VALLEY and the CUSTOMER agree as as follows: 1. Subject to the terms and provisions of the Agreement, BLUE VALLEY hereby agrees to maintain and service for equipment (the "EQUIPMENT") described on the reverse side of this Agreement beginning and ending on the dates indicated. 2. CUSTOMER hereby agrees to pay BLUE VALLEY the total of monthly charge(s) set forth on the reverse side for the one-year term of this Agreement. In addition, CUSTOMER shall pay for any sales, use, excise or other taxes, if any, which may be imposed upon the furnishing of parts, components or service pursuant to this Agreement. 3. The services to be performed by BLUE VALLEY hereunder shall consist of repair or replacement of the EQUIPMENT and parts and components thereof which have malfunctioned or become inoperative in normal wear and usage. This Agreement does not extend to repair or replacement of the EQUIPMENT or parts or components thereof which have malfunctioned or become inoperative for any other reason, including, but not limited to, misuse, abuse, vehicular accident, fire, natural disaster, explosion or other casualty, or modification or alteration by any party other than BLUE VALLEY. 4. BLUE VALLEY'S obligation to service the EQUIPMENT pursuant to this Agreement shall consist of its obligation of repair or replacement hereinabove set forth. In the event of any breach of such obligation by BLUE VALLEY, CUSTOMER'S sole remedy shall be to terminate this Agreement and receive from BLUE VALLEY the lesser of: (i) the actual and reasonable cost of such repair or replacement by another party; or (ii) the monthly charges theretofore paid by CUSTOMER in respect of such of the EQUIPMENT for which breach is claimed by CUSTOMER. In no event shall BLUE VALLEY be responsible for consequential damages or other damages, such as, but not limited to, loss of profits, cost of purchasing or renting replacement equipment, or loss of use of the EQUIPMENT or vehicles in which the EQUIPMENT shall be installed. This limitation on the liability of BLUE VALLEY shall not extend to any claim for damages arising out of injury to person or property directly and proximately caused by the Equipment. 5. BLUE VALLEY shall be under no obligation to provide services at any site other than the site, designated pursuant to this Agreement. In the event that BLUE VALLEY should nonetheless perform service at any other site at the request of CUSTOMER, then CUSTOMER shall be responsible for providing a safe and suitable working site, and shall be responsible for all additional costs and expenses incurred by BLUE VALLEY in performing services at such site, including, but not limited to, transportation costs, temporary equipment rentals, employee overtime, and additional labor costs resulting from utilization of local union workmen to conform with any agreements or other requirements affecting such work site. 6. Any item of the EQUIPMENT which is not new or which has not been subject to a Maintenance service agreement with BLUE VALLEY immediately prior to this Agreement shall be inspected by BLUE VALLEY at CUSTOMER'S request and restored to operative condition at the expense of CUSTOMER. In the event BLUE VALLEY is unable to restore the EQUIPMENT to operative condition, then effective upon the date of notice of such fact to CUSTOMER, this Agreement shall be terminated as to such EQUIPMENT and the charges hereunder equitably reduced. Such termination shall have no effect as to any other EQUIPMENT hereinabove specified, and in addition, CUSTOMER shall pay its reasonable charges for parts and labor expended in its attempt to restore such EQUIPMENT to operative condition. 7. BLUE VALLEY warrants that parts, components and services furnished pursuant to this Agreement shall be commercially free from defects of material and workmanship at the time EQUIPMENT is returned to CUSTOMER. Any claim for breach of this warranty shall be ineffective unless written notice thereof shall be given to BLUE VALLEY within the period of one year from the date hereof. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED. 8. BLUE VALLEY shall use reasonable diligence to perform its obligations hereunder on a commercially timely basis but subject to delays or failures resulting from fire, war, labor disputes, acts of God, governmental regulations, commercial shortages, component or material unavailability, and other causes beyond its reasonable control. Performance by BLUE VALLEY is further conditioned upon complete information or instructions being furnished by CUSTOMER regarding inoperative or malfunctioning conditions of the EQUIPMENT and possible causes thereof. 9. CUSTOMER represents and warrants that: (i) CUSTOMER owns the EQUIPMENT or has full right of possession and use thereof throughout the term of this Agreement; (ii) CUSTOMER has full power and authority to enter into this Agreement; and (iii) the performance of this Agreement by BLUE VALLEY as hereinabove set forth will not violate any contracts or arrangements to Purchase Order must be made out to, and e-mailed, mailed or faxed to: Blue Valley Public Safety, Inc. , PO Box 363, Grain Valley, MO 64029 Fax: 816-847-7513 dee@bvpsonline.com Page 3 2014 v5 Riverside MO 2023 Maintenance Aqrmt.xlsm BVPS Complete Solutions Blue Valley Public Safety Inc. 509 James Rollo Dr - PO Box 363 Grain Valley, MO 64029 1-800-288-5120 MAINTENANCE AGREEMENT which CUSTOMER is a party or which maybe binding upon CUSTOMER. 10. This Agreement may terminate by either party hereto in whole or in part as to less than all items of the EQUIPMENT upon giving to other party sixty (60) days advance written notice of its intent to terminate; except that (i) BLUE VALLEY shall complete all services herein required of it with respect to EQUIPMENT therefore delivered to BLUE VALLEY and shall return same to CUSTOMER; (ii) CUSTOMER shall pay for all charges or other costs accruing prior to the effective date of termination or with respect to EQUIPMENT thereafter returned to CUSTOMER by BLUE VALLEY; and (iii) BLUE VALLEY shall return to CUSTOMER all payments made by CUSTOMER applicable to terminated maintenance service to have been rendered by BLUE VALLEY subsequent to the effective date of termination. 11. This Agreement constitutes the only agreement between BLUE VALLEY and CUSTOMER respecting the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral. This Agreement may not be amended or modified except in writing signed by BLUE VALLEY and CUSTOMER. Neither party may assign any rights hereunder without the prior written consent of the other. This Agreement shall be solely for the benefit of BLUE VALLEY and CUSTOMER and no other party shall have any rights hereunder. 12. 'SPECIAL PROVISIONS 96 Hours response time. Purchase Order must be made out to, and e-mailed, mailed or faxed to: Blue Valley Public Safety, Inc. , PO Box 363, Grain Valley, MO 64029 Fax: 816-847-7S13 dee@bvpsonline.com Page 4 2014 v5 Riverside MO 2023 Maintenance Aqrmt.xlsm