Signed Contract_RACOM for the Dubuque Water Distribution Harris P25 Radio EquipmentCity of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
July 17, 2023
ITEM TITLE: Signed Contract(s)
SUMMARY: RACOM for the Dubuque Water Distribution Harris P25 Radio
Equipment.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Water Distribution Harris P25 Radio Supporting Documentation
Equipment
RACOM
critical communications
Wireless Communications Support Contract
For the Dubuque Water Distribution
Harris P25 Radio Equipment
2023-2024
RACOM hereby submits the following specifications and pricing service support of the
following wireless radio equipment:
Onty Department Description Yearly
20 Water Distribution XG25M, CTRL Base, XG-75, CL-185P
Contract 100037
Total $2,400.00
Contract Coverage
This contract includes all technical service work and support, mileage, and parts 24 hrs a
day, 7 days a week to maintain the above listed equipment to its original manufacturer's
specifications as long as parts and support are provided by that original manufacturer.
This shall be a yearly contract starting July 1, 2023 and proceeding through June 30,
2024. This contract automatically renews, year-to-year unless canceled 30 days prior to
the anniversary date by either party. Either parry may terminate this Agreement for
convenience upon sixty (60) days written notice to the other party. Upon termination of
this agreement RACOM shall be paid for services provided through the date of
termination.
Contract Inclusions
RACOM technicians will perform yearly Preventative Maintenance on all contracted
equipment; this includes sensitivity, modulation, frequency, and power alignment of all
equipment to the manufacturer's original specifications. At the time of the yearly test
RACOM personnel will also program equipment with any software upgrades, flash code
upgrades and will reprogram equipment for any desired user personality changes. Service
depot charges and associated shipping charges, if required will also be covered under this
agreement. RACOM will also analyze and condition batteries for the equipment listed if
the Battery Maintenance Option is exercised. Like units may be added during the contract
period at the pricing listed above.
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Contract Exclusions
This contract does not cover damages caused by acts of God, equipment misuse or abuse,
vehicle accident damage, induction of liquids or other foreign materials, power surges or
lightning strikes. Also excluded are batteries, unless the Battery Maintenance Option is
exercised, power lines, phone lines, towers, antennas, and feed lines. Equipment theft is
not covered.
Battery Maintenance Option
RACOM will maintain all portable radio batteries. This includes replacement of any
battery that does not retain 85% capacity of the original battery specifications.
Replacement batteries will be provided while batteries are being tested and analyzed.
Batteries will be replaced on a one for one basis. New or re -conditioned batteries will not
be provided unless a bad or suspect battery is exchanged. Batteries provided without an
exchange will be invoiced. RACOM will also label and date each battery that is new or
re -conditioned with the date of testing and battery capacity obtained. Physically damaged
batteries will not be covered under this contract.
Non -Contract Services
RACOM will provide other services such as equipment removals, installations, antenna
repair/replacement, at an hourly labor rate of $125.00 and other equipment service work
not covered by this contract at an hourly labor rate of $135.00 during normal business
hours, Monday through Friday, 8 AM to 5 PM.
Governing Law/Venue
Any disputes arising under this Agreement shall be governed by Iowa law. The
venue for disputes shall be Iowa District Court for Dubuque County.
INDEMNIFICATION FROM THIRD PARTY CLAIMS
To the fullest extent permitted by law, RACOM shall defend, indemnify and hold harmless City,
its officers and employees, from and against all claims, damages, losses and expenses claimed by
third parties, but not including any claims, damages, losses or expenses of the parties to this
Contract, including but not limited to attorneys' fees, arising out of or resulting from
performance of this Contract, provided that such claim, damages, loss or expense is attributable
to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss
of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or
omissions of RACOM, or anyone directly or indirectly employed by RACOM or anyone for
whose acts RACOM may be liable, regardless of whether or not such claim, damage, loss or
expense is caused in part by a party indemnified hereunder.
Insurance
RACOM will carry insurance at all times during the performance of this Contract as indicated in
the attached Insurance Schedule G.
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 2
Contract Acceptance
The above prices, specifications and conditions are satisfactory and hereby accepted by:
LA4�21
City of Dubuque
Date: (PJ2,11 "?3
JqOleil Henslee
Jerrell.Henslee c racom.net
563-583-2245
Manager
Date: 06/21 /2023
INSURANCE SCHEDULE G
RACOM shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to the contract commencement. Each certificate
shall be prepared on the most current ACORD form approved by the Iowa Insurance
Division or an equivalent. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. E.g.: Project # or purchase
agreement
All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa and all insurers shall have a rating of A or better in the current A.M.
Best's Rating Guide.
Each certificate shall be furnished to the Department of the City of Dubuque.
4. The vendor shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum
coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach
of this agreement.
All required endorsements shall be attached to certificate.
3190 Cedar Cross Ct. - Dubuque [A. 52003 - Fax 563.583.2460 - 563,583.2245 - www.racom.net 3
Contract Acceptance
The above prices, specifications and conditions are satisfactory and hereby accepted by:
11A4 k�4 64�1
M chael Van Milligen
City of Dubuque, City Manager
City of Dubuque
Date: 07/03/2023
Jerrell Henslee
Jerrell.Hensleekracom.net
563-583-2245
Manager
Date:
INSURANCE SCHEDULE G
1. RACOM shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to the contract commencement. Each certificate
shall be prepared on the most current ACORD form approved by the Iowa Insurance
Division or an equivalent. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. E.g.: Project # or purchase
agreement
2. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa and all insurers shall have a rating of A or better in the current A.M.
Best's Rating Guide.
3. Each certificate shall be furnished to the Department of the City of Dubuque.
4. The vendor shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum
coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach
of this agreement.
6. All required endorsements shall be attached to certificate.
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 3
7. Whenever a specific ISO form is referenced the current edition of the form must be used
unless an equivalent form is approved by the Finance Director. The vendor must identify
or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's
limits shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain
during the performance of work insurance for the coverages described in this Insurance
Schedule and shall obtain certificates of insurance from all such subcontractors and sub -
subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and
sub -subcontractor to obtain and maintain such coverage. The City may request a copy of
such certificates from the Vendor.
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 4
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The
general liability coverage shall be written in accord with ISO form
CG0001 or business owners form BP0002. All deviations from the
standard ISO commercial general liability form CG 0001, or Business
owners form BP 0002, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s)
General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-
contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials,
all its employees and volunteers, all its boards, commissions and/or
authorities and their board members, employees, and volunteers.
Use ISO form CG 20 10 (Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others
endorsement.
7) If vendor utilizes Trike's or Segway's in the conduct of business, include
an endorsement reflecting that these vehicles are not excluded from
Commercial General Liability coverage.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or
disease as prescribed by Iowa Code Chapter 85 as amended.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Other endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage under
Iowa Code sec. 87.22
yes form attached
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 5
C)
D)
E)
F)
INSURANCE SCHEDULE G (continued)
ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: yes X no
Pollution liability coverage shall be required if the lessee, contracting party, or
permittee has any pollution exposure for abatement of hazardous or
contaminated materials including, but not limited to, petroleum products, the
removal of lead, asbestos, or PCBs. Pollution product and completed operations
coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
1) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials,
all its employees and volunteers, all its boards, commissions and/or
authorities and their board members, employees, and volunteers.
Use ISO form CG 20 10. (Ongoing operations) as stated in A(6)
above or its equivalent.
2) Include Preservation of Governmental Immunities Endorsement.
3) Provide evidence of coverage for 5 years after completion of project.
PROFESSIONAL LIABILITY $1,000,000
Coverage required: yes X no
Provide evidence of coverage for 5 years after completion of project.
CYBER LIABILITY
Coverage required
X yes _ no
$1,000,000
Coverage for First and Third Party liability including but not limited to lost data
and restoration, loss of income and cyber breach of information.
UMBRELLA/EXCESS
X yes no
$1,000,000
Umbrella/excess liability coverage must be at least following form with the
underlying policies included herein.
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 6
PRESERVATION OF GOVERNMENTAL IMMUNITIES
ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured
does not waive any of the defenses of governmental immunity available to the City of Dubuque,
Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to
time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa
Section 670.4 as it now exists and as it may be amended from time to time. Those claims not
subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this
insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for
asserting any defense of governmental immunity, and may do so at any time and shall do so
upon the timely written request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the
insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under
this policy for reasons of governmental immunity unless and until a court of competent jurisdiction
has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque,
Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 7
INSURANCE SCHEDULE G
1. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa
for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall
be prepared on the most current ACORD form approved by the Iowa Insurance Division or an
equivalent. Each certificate shall include a statement under Description of Operations as to why
the certificate was issued. Eg: Project # or purchase agreement
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Department of the City of Dubuque.
4. The vendor shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be
deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Finance Director. The vendor must identify or list in writing
all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and
maintain such coverage. The City may request a copy of such certificates from the Vendor.
3190 Cedar Cross Ct. - Dubuque IA. 52003 - Fax 563.583.2460 - 563.583.2245 - www.racom.net 8