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HomeMy WebLinkAbout04-06-2021 Agreement with Commline Inc. for Public Safety Radio SystemDocuSign Envelope ID: 240D3147-4228-40BC-AF31-5DBClAC78475 Agreement Page 7 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on April 6, 2021, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and COMMLINE, INC., hereinafter referred to as Contractor or Consultant. WITNESSETH: WHEREAS, the City wants to replace the legacy QS2 radio system. WHEREAS, the Contractor is qualified to perform this type of service and has submitted a quote to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until December 31, 2021 and acceptance or completion of said services, unless extended by mutual agreement of the parties 2. INCORPORATION BY REFERENCE The Contractor's fees and scope of work are incorporated in and made a part of this Agreement attached as Exhibit A. The City's terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. The City's insurance requirements and contractors' proof of insurance are hereby incorporated in and made part of this Agreement attached as Exhibit C. To the extent that there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay, and Contractor shall receive therefor compensation in a total sum not to exceed $650,000 for services for the equipment replacement and installation of the QS2 citywide radio system. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements herein before mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Attachment A 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City. DocuSign Envelope ID: 240D3147-4228-40BC-AF31-5DBClAC78475 Agreement Page 2 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral Agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Administration and IT City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: Miguel Guardado, IT Manager Commline, Inc. Attn: Jeff Fukasawa 13700 Cimarron Ave. Gardena, CA 90249 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation Un Derek Johnson, City Manager APPROVED AS TO FORM: J. Christine Dietrick, City Attorney CONTRACTOR IIn Jeff Fukasawa, Title: vice President