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HomeMy WebLinkAbout7. MANAGERS REPORT 4/6/05 Mown Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: SUPERINTENDENT OF STREETS & BUILDINGS DATE: MARCH 30, 2005 SUBJECT: SEALED BID RESULTS FOR THE 2005 BRICK PAVER-SEALING CONTRACT (NOT TO EXCEED $10,000) BACKGROUND This bid is for our fourth annual contract for sealing of brick pavers in our downtown streetscape walk area. The sealing of brick pavers is necessary to keep the brick color from fading and to seal out moisture, dirt, oil and paint that might otherwise get imbedded into the brick. Sealing also extends the life expectancy of the brick walk and facilitates cleaning. BID RESULTS Sealed bids were opened at 10:00 A.M. on March 21, 2005 for the proposed 2005 brick paver- sealing program. Bid prices were based on estimated quantities of 12,000 square feet. Nine invitational bids were mailed, and a bid notice was placed in the local paper. Four bids were received with results as follows: Bidder Advanced Pavement Technology Milieu Design, Inc. Alpha Paintworks, Inc. Copenhaver Construction, Inc. Bid Price $ 8,880.00 $ 9,240.00 $14,640.00 $22,800.00 X: \Administration \B IDS\RESUL TS\brickpavsea1.2005 .res. doc Page two 2005 Brick Paver-Sealing Bid Results March 30, 2005 DISCUSSION The low, qualified bidder, Advanced Pavement Technology, took no exceptions to specification requirements. Advanced Pavement Technology held this contract the past two years and completed the contract satisfactorily. Funds for this proposed contract are in the current budget, on page 208, account code 0015104-540510, in the amount of $10,000. Quantities will be adjusted so the total expenditure will not exceed the budgeted amount. RECOMMENDATION I recommend acceptance ofthe lowest qualified bid as submitted by Advanced Pavement Technology for the 2005 brick paver-sealing contract in an amount not to exceed $10,000. 9~ GfLvWJ Paul Bures Superintendent of Streets & Buildings I concur: G~ Director of Public Works PB c: Director of Public Works Glen R. Andler Deputy Director of Public Works Sean P. Dorsey me X: \Administration \B IDS\RESUL TS\brickpavsea1.200 5 .res.doc MountProspcct ~ Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: STREETS & BUILDINGS SUPERINTENDENT TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: MARCH 30, 2005 SUBJECT: SEALED BID RESULTS FOR THE 2005 PAVEMENT MARKING CONTRACT (NOT TO EXCEED $60,000) BACKGROUND A contract is let annually for repainting markings for crosswalks, centerlines, lane dividing lines, parking stalls, and stop bars throughout the village. Pavement markings require repainting and installation of glass beading every two years to maintain their reflectivity. For purposes of this contract, the village is divided into north and south sections using Central Road as the dividing line. These areas are serviced every other year, with the exception of the downtown area and parking lots, which are done annually. On the state highways we are only responsible for painting some of the crosswalks and stop bars. BID RESULTS Sealed bids were opened at 10:00 A.M. on March 21, 2005 for the proposed contract to install pavement markings. The pavement marking work contemplated this year will be for all areas south of Central Road, the downtown business district, Wolf Road, and select areas on state highways. Four invitational bids were mailed, and a bid notice was placed in the local paper. Five bids were received, with bid opening results as follows: Bidder Bid Price Preform Traffic Control System, LTD. Maintenance Coatings Company Marking Specialists AC Pavement Striping Co. Flint Trading, Inc. $54,795.48 $57,247.14 $68,250.80 $84,157.93 No bid letter X:\ADMINSTRA TION\BIDS\RESULTS\PA VEMKING2005.RECDOC Page two Sealed Bid Results for Pavement Marking 2005 March 30, 2005 DISCUSSION The bids received were based on estimated quantities, which will be adjusted so the total expenditure does not exceed the budgeted amount. Funds for this proposed contract are in the current budget on page 208, account no. 0505104-540535, in the amount of $43,000; page 214, account no. 6205110-540565, in the amount of $3,183; page 214, account no. 6205110-690103, in the amount of $11,695; and on page 215, account no. 6305111-540565, in the amount of $2,122. Total budgeted amount for 2005 is $60,000. Preform Traffic Control Systems, Ltd. has been awarded the pavement-marking contract from 1997 thru 2004. They completed the work successfully each year. RECOMMENDATION I recommend acceptance of the lowest bid as submitted by Preform Traffic Control Systems, Ltd. for an amount not to exceed $60,000. 9~ GftvWJ Paul Bures Streets & Buildings Superintendent I concur: ~ .~ Director of Public Works PB c: Director of Public Works Glen And1er Deputy Director of Public Works Sean Dorsey fiJe X:\ADMINSTRA TJON\BIDS\RESULTS\P A VEMKING2005.REc.DOC , . Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: SUPERINTENDENT OF STREETS & BUILDINGS DATE: March 30, 2005 SUBJECT: REQUEST TO EXTEND THE 2004 ASPHALT RESTORA nONS CONT (NOT TO EXCEED $35,000) BACKGROUND Asphalt restoration to driveways, parking lots, and streets are necessary following damage as a result of water main, storm and sanitary sewer repairs. Annual contracts for this work allow us to do replacements monthly, thus reducing the time our residents are waiting for restorations. DISCUSSION Quality Blacktop, Inc. has been the successful low bidder for the past two years with prices being 26% less than the next lowest bidder and 48% less than the third lowest bidder. Below is a list of the last year's bidders and bids. Bidder Quality Blacktop, Inc. Brothers Asphalt Paving, Inc. Chicago land Paving Contractors Inc. Meridian Construction Co., Inc. Paveman, Inc. Bid Price $33,700.00 $44,400.00 $52,600.00 $65,275.00 $83,261.00 X: \FILES\FRONTOFF\BIDS\RESUL TS\ASPHAL TREST.2005.RES Page two Request to Extend the 2004 Asphalt Restorations Contract March 30, 2005 REQUEST TO EXTEND 2004 CONTRACT Quality Blacktop, Inc. has offered to extend the 2004 contract pricing for one additional year. With the upward trend in crude oil prices, I feel it would be in the Village's best interest to extend the Asphalt Restoration contract for the 2005 season. Quality Blacktop Inc. has had the asphalt contract for the last two years and performed satisfactorily and all work was completed in a timely manner. Funding for this proposed contract will come from the following budget accounts: . on page 252, account code 6105510-540777, in the amount of$16,500 on page 247, account code 6105505-540701, in the amount of$18,500 . I recommend the village board waive the bidding process and accept the offer to extend Quality Blacktop Inc. Asphalt Restoration Contract in the amount not to exceed $ 35,000. I:4Æ~ 9~ GftvWJ Paul Bures Superintendent of Streets & Buildings Director of Public Works Pb c: Director of Public Works Glen R. Andler Deputy Director of Public Works Sean P. Dorsey file X:\FILES\FRONTOFF\BIDS\RESUL TS\ASPHAL TREST.2005.RES 2 r' Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: DEPUTY DIRECTOR OF PUBLIC WORKS ~ M-r'q '-t J ,./05'" TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: MARCH 30, 2005 SUBJ: REQUEST FOR PROPOSALS RESULTS FOR SANITARY SEWER FLOW MONITORING (NOT TO EXCEED $80,000) Background . During the 1980s, the Village of Mount Prospect conducted a comprehensive Sanitary Sewer Evaluation Study (SSES) designed to identify and eliminate excess clear water (rain water) from the Village-owned separate sanitary system. Activities included in this effort were the closed-circuit television inspection of sewer mains, flow monitoring to identify wastewater flow rates, and the inspection of plumbing systems in private buildings. This study was a consequence of Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) mandates and federal rule-making prompted by the Clean Water Act of 1972. In summary, the MWRDGC had determined a wastewater flow threshold they felt justified their plans to develop treatment plant capacity. Flows in excess of this threshold were deemed comprised essentially of clear rain water that did not need to be filtered through wastewater treatment plants. Accordingly, MWRDGC directed all wastewater systems tributary to its treatment plants to eliminate excess clear water or take steps to prevent it from entering separate sanitary sewer systems. Consequently, following completion of the initial SSES work, the Village began an extensive separate sanitary sewer rehabilitation project that included spot repairs of sewer mains, chemical grouting of sewer main joints, lining of sewer mains with cured-in-place pipe (Insituform), reconstruction of manholes, and the elimination of improper private sector plumbing connections (sump pumps, downspouts, etc.). Once this rehabilitation work was completed, flows in the Village-owned separate sanitary sewer system were again measured and a post rehabilitation flow rate of 673 gallons per capita per day was established. This rate was incorporated into the Long Term Maintenance Agreement signed by the Village and the MWRDGC in 1991. This agreement essentially committed the Village to performing specified sewer maintenance and improvement activities necessary to limit wastewater flows to the post rehabilitation flow rate (673 gallons per capita per day). Problem Statement Since 1991, the Village has made substantial efforts to comply with our MWRDGC commitments. Specifically, to date the Village has installed over $2 million worth of cured-in-place lining, rebuilt over 1,000 sewer manholes, televised over 200,000 lineal feet of separate sanitary sewer mains, and inspected over 5,500 private buildings for improper plumbing connections. Most notably, over $17 million worth of flood prevention and sewer improvement work has also been completed. Unfortunately, staff has lacked the resources (flow metering equipment) and personnel (technicians and analysts) necessary to accurately assess the performance of our separate sanitary sewer system as it relates to the post rehabilitation flow rate. Page 2 of 3 Request for Proposals Results for Sanitary Sewer Flow Monitoring March 30, 2005 Request for Proposals To correct this problem, staff has devised a request for proposals designed to procure the services of a qualified engineering firm to assist with the comprehensive flow monitoring of the entire Village-owned separate sanitary sewer system. Specifically, staff envisions a 3-year program in which approximately one-third of the separate sanitary sewer system is monitored each year during the wet weather seasons. Presently, the Village has 53 separate sanitary sewer basins. Approximately 17 basins will be targeted for flow monitoring during each year of this proposed project. The request for proposals also includes provisions for the collection of necessary weather information (rainfall, etc.) and detailed investigation of flow anomalies (Le smoke testing and dye-water testing). Results Proposals were received on March 8, 2005. Five (5) invitations were distributed to qualified consultants. Four (4) proposals were received. The results are as follows: CONSULTANT COST PER METER PER WEEK Elan Industries $280 Baxter & Woodman $610 Farnsworth GrouD $613 Earth Tech $710.54 Metcalf & Eddy Declined * Metcalf & Eddy declined offer to submit a proposal citing a potential conflict of interest with existing contracts they hold with the MWRDGC. Discussion Elan Qualifications Elan Industries has not provided wastewater flow monitoring services to the Village in the past. However, they have provided these services to a number of communities tributary to the MWRDGC as well as the MWRDGC itself. References from these organizations indicate that Elan has performed satisfactorily in all circumstances. Elan Industries is a purveyor of fluid flow monitoring equipment and services. They are not a engineering firm and lack the in-house capabilities to perform required post-processing analysis of flow metering equipment. However, for the purposes of this project, they have partnered with Burns & McDonnell engineering consultants of Oak Brook, Illinois. Burns & McDonnell has provided engineering services to the Village including a highly successful effort to remove private homes from the regulatory flood plain along the Des Plaines River and McDonald Creek. Burns & McDonnell has also assisted the Village with the preparation of USEPA-mandated water system vulnerability assessments and emergency response plans. Their performance has been satisfactory in all circumstances. In addition, Elan Industries has procured the services of Mr. Joe Zurad, P.E., to serve as a special advisor on this project. Mr. Zurad is the retired Chief Engineer of the MWRDGC and holds intimate knowledge of the District's flow monitoring protocols and requirements. It is the opinion of staff that Elan Industries is well-qualified to fulfill the performance requirements of this proposed project. f Page 3 of 3 Request for Proposals Results for Sanitary Sewer Flow Monitoring March 30, 2005 Project Protocols It is relevant to note that the flow metering process specified by the MWRDGC is based on a minimum of a 1" rainfall during a 24-hour period. Consequently, the term of the monitoring period is highly dependent upon weather and is substantially beyond our control. Furthermore, it is also relevant to note that the MWRDGC stipulates that flow monitoring should only be conducted during the wet weather seasons (April 15 - June 30 and September 15 - November 30) during which groundwater tables are at their highest levels. There are approximately 11 calendar weeks in each of these wet weather periods. Consequently, it is feasible that the wet weather seasons can expire without recording a qualifying rain event (1" in a 24-hour period). Staff intends to prosecute this project by installing flow meters during the wet weather periods and removing them immediately after receipt of a qualifying rain event. However, given the parameters noted above, the length of this period, and ultimate cost of flow monitoring, can be highly variable during any given year. For example, it is feasible that all 17 flow monitors could be installed for a maximum of 22 weeks in order to record the effects of a 1" inch rainfall within a 24-hour period. If this circumstance occurs, the total fee payable to Elan, the lowest responsive consultant, would be $104,720 (17 meters x $280/meter x 22 weeks). Under no circumstances will flow monitoring costs exceed authorized budgets. Meters or monitoring weeks will be reduced in order to control expenditures. Recommendation I recommend accepting the proposal from Elan Industries of Bolingbrook, Illinois for a 3-year separate sanitary sewer flow monitoring project in an amount not to exceed $80,000 during the first year. The value of work in subsequent years will be limited to approved budgeted funds for flow monitoring. Sufficient funds for this proposed work exist in the current budget. ..~ ~'::eAfv" Sean P. Dorsey I concur. Glen R. Andler Director of Public Works Cc: Water/Sewer Superintendent Matt Overeem File CHF 05-60 INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: VILLAGE MANAGER, MICHAEL JANONIS ~. \J~ FROM: CHIEF OF POLICE, RICHARD EDDINGTON 41 c-f oS DATE: MARCH 11, 2005 SUBJECT: FITNESS EQUIPMENT PURCHASE Police Department Request The police Department is requesting to purchase fitness equipment as indicated on the attached sheet at a total cost not to exceed $30,000.00. Attached for your review is an itemized list of equipment and prices provided by three (3) area vendors. Discussion In its efforts to assist department personnel maintain a level of physical fitness, an exercise room was incorporated into the Public Safety Building when constructed in 1993. Physical fitness equipment was purchased at this time to be used on a shared basis by both fire and police personnel. This fitness equipment included two Life Fitness (2) treadmills, two (2) Life Fitness stationary bicycles, a Life Fitness step machine, a universal weightlifting center and various free weights. This equipment has provided excellent service during the past twelve years and has been consistently used by police personnel after each duty shift and by fire personnel as part of their daily fitness program. Although the equipment remains usable requiring periodic maintenance, it has become worn and is in need of replacement. Additionally, current equipment is not representative of equipment currently available which better meets the needs of the department in ease of use, functionality and dependability. As part of the department's fitness program, Sergeants Draffone and Sergeant McGuffin have received training relating to general physical fitness and physical fitness involving to law enforcement personnel. With this knowledge, Sergeant Draffone and McGuffin have assessed the fitness needs of the department in conjunction with current department equipment and equipment currently available from vendors. These sergeants have proposed a group of mechanical exercise machines and weight training equipment to meet this need. Page - 1 - H:\My Docs\Chiefs Memos\VMO\2005\Fitness Equipment CHF 05-60.doc CHF 05-60 Conclusion & Recommendation In determining which equipment vendor would best meet the needs of the department, several key factors were considered; costs, experience with equipment, service, equipment quality and actual hands on demonstration of equipment. Based on these factors, it was concluded that Ufe Fitness would meet the requirements of the department. Bids were received from Ufe Fitness, Magnum & Wisthoff exercise equipment companies for specific items deemed necessary by the department. Of the three (3) quotes received, Ufe Fitness is the lowest quote for like equipment. Additionally, Ufe Fitness equipment has been used in our fitness room for the past twelve years earning a reputation as durable and dependable equipment meeting the rigorous needs of two departments. In addition to being a local business easily able to provide maintenance and service, Ufe Fitness is noted as a premier commercial exercise equipment company. Funding for this purchase would be made with monies available in the federal asset seizure account. Some equipment planned for replacement would be relocated to the fire department's workout room adjacent to the apparatus area. Equipment having no value would be disposed of per Village procedures. Fire department personnel have been advised of the prospective purchase and are in agreement. Fire department personnel would continue to have access to the fitness room. Attached for your review is a copy of the memorandum issued by Sergeants Draffone and McGuffin, a copy of the quote information received and a floor plan for the fitness room. In conclusion, based on cost, quality, and experience with equipment it is staffs recommendation to purchase the exercise equipment from Ufe Fitness. It is also requested that the bid process be waived to allow for this purchase. The purchase of this system would be funded by monies available in the federal asset seizure account. MS/ms Attachments Ric&dd ~" Chief of Police Page - 2 - H:\My Docs\Chiefs Memos\VMO\2005\Fitness Equipment CHF OS-50.doc INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: FROM: CHIEF RICHARD EDDINGTON SERGEANT DICK DRAFFONE ç;J;2 SERGEANT MARK MCGUFFINØ~~ MARCH 8, 2005 FITNESS EQUIPMENT PROPOSAL DATE: SUBJECT: The attached spreadsheet summarizes the bids for our proposal to replace the department's fitness equipment. It is recommended by us that Life Fitness be awarded the contract to provide the equipment identified in the bid to re-equip our fitness room. Our experience with Life Fitness equipment, which has provided us with almost twelve years of quality use in our current facility, directs us to focus on their line of products. They are a well-known premier vendor in the industry; with a reputation for durable, long lasting equipment that we believe will serve our department's fitness needs for many years to come. They have worked extensively with us in evaluating our needs and developing a plan to get the most functionality out of the limited space in our fitness room. They also provide a Functional Strength Training Manual designed specifically for Law Enforcement / Police Officers. This manual provides the foundation to establish a successful strength- training program for officers that will prepare the muscles groups specifically related to the job tasks of maintaining or gaining control of physical situations. The other vendors do not offer this manual. Life Fitness is also a local area business that can provide quality and timely service during the warranty period. They will also provide specially trained Life Fitness personnel to assemble, set-up, and test the equipment upon delivery. We, along with some patrol officers, have viewed and tested the equipment proposed, and believe that Life Fitness provides the highest quality product for the cost. We decided to not include the weights for each of the proposals, as their costs are generally similar between competitors. The weight vendor, Iron Grip, is a highly respected vendor in the industry, providing an exceptional warranty with their product, which is assembled in the United States. They are highly recommended by Life Fitness, who also selected them as a source their internal company purchases. If Life fitness is selected as the vendor, we will be required to have a check in the amount of $2,000.00 made to the order of Veteran's Truck Line, ready to present to them upon delivery. Page - 1 - H:\My Documents\Word\Fintess Equipment Proposal.doc Please advise us of the direction you wish us to pursue next with this proposal. Thank you for considering this proposal and supporting our efforts to enhance our department's physical fitness program. DD Attachment C: D/C Dahlberg D/C Semkiu Page - 2 - H:\My Documents\Word\Fintess Equipment Proposal.doc -, Fitness Room Equipment Proposals Equipment LifeFitness Magnum Wisthoffs Model Price Model Price Model Price Treadmills (2) 91 Ti HR $7,798 Maqnum $6,918 Cybex $10,798 Eliptical (2) 95 Xi HR $7,798 8300 $7,190 Cvbex ARC Trainer $9,598 Cable Crossover CM Dual Adj Pulley. $0 Functional Trainer $2,524 Cvbex Cable $3,299 Multi-Rack HMR Strnqth $1,499 Pro Power Rack $1,015 York 550870 $989 Adjustable Bench (Half Rack) HMR Strnqth $599 Pro Power Rack Bench $654 York 550108 $449 Adjustable Bench HMR Strnath Adi Bench. $0 Maanum Adj Bench $654 York Adjustable Bench $449 Leq Press SS Seated Leg Press .. $2,799 Maqnum 2003 $2,621 Cybex VR $3,999 Lat Pulldown P2 Lat Pulldown $1 ,799 Maqnum Lat Pulldown $2,008 Cvbex VR $2,099 Dumbell Rack - Double Tier (2) Hammer Strenqth $1,278 Maqnum $1,090 Tuff Stuff $1,220 Comparison Total $23,570 $24,674 $32,900 Delivery ... $2,000 $995 $250 Weiahts - Iron Grip - Rubber $3,830 $3,830 $3,830 Total Cost $29,400 $29,499 $36,980 . $0 bids are the method used by Life Fitness to discount the package, quote applies to full package purchase only. ** Item is being held temporarily and requires commitment ASAP. Cost to us is significantly reduced over a new item, it was a demo unit in a trade show. **. A check for $2,000.00 must be presented to Veteran Truck Line upon delivery. Mar 03 OS 09:58a Debb~ Brandt 6303939519 p.2 20' - 0" ~ \r,>.. ?~ "«' ~ ~~ ~.!>. <9~ 19«- ~ ~ ::i ::> a.. I- ~ N 0 a: a.. Ñ N FZ.LEG PRESS ~ ~~ ~ :Jill r . ~.-1' ~ 95Ti OL Y H .MUL TI RACK IJ DOU8LE TIER DUMBBELL RACK DOUBLE TIER DUMBBELL RACK E~~~~:E31~;;~~ HAMMEl STlEnGTK FACllI'N LAYOUT FOR Mount Prospect Police .di:Ør~ CAfE l.A Y OUT veR Sf 0 N ," ~ INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF FINANCE TO: DATE: MARCH 16,2005 BANKING SERVICES PROPOSAL - RESULTS SUBJECT: PURPOSE: This memorandum presents the results of the Banking Services request for proposal (RFP). Areas of banking that were included in the RFP were depository and account services, lockbox remittance, safekeeping and merchant services. BACKGROUND: The Village last prepared an RFP for its banking services in 1988. The successful bid was awarded to what was at the time the First National Bank of Mount Prospect. Since then the bank has gone through numerous ownership changes due to mergers and acquisitions. The Village's current banking partner is Bank One, which is currently part of the JP Morgan Chase group. With all the technological advances in the past 15+ years and new e-services being offered to manage the Village's funds, it was felt an RFP was needed. DISCUSSION: On October 14, 2004 RFP's for Banking Services were sent to twelve financial institutions that were either located in the community or have experience in providing banking services to governmental entities. The twelve financial institutions were: Harris Bank, Mount Prospect National Bank, Fifth Third Bank, LaSalle, MB Financial, Northern Trust, Oak Brook Bank, Bank One, American Chartered, Charter One, First Bank and Parkway Bank. The original RFP asked firms to provide a fee quotation for banking services for the four- year period beginning March 1, 2005, with the option for an additional four years. Since the review and analysis of the submittals took longer than anticipated, the initial four-year term will commence upon awarding of the contract. All costs will remain fixed for the term of the initial contract period, but may be renegotiated for the optional four-year extension. As mentioned previously, the scope of services to be performed included depository and banking services, lockbox remittance, safekeeping and merchant services. The Village would allow for separate financial institutions to provide the different banking services if additional savings would be realized. Banking Services Proposal March 16,2005 Page 2 A pre-proposal conference was held on October 28, 2004 to go over questions regarding the proposal. The conference was helpful in clarifying the format of the responses by which the Finance Department was evaluating the proposals. The conference was well attended with many of the financial institutions participating in the discussion. RFP submittals were due November 19, 2005. Of the twelve that were distributed, ten were returned for consideration on at least one aspect of the bid. Only American Chartered and Charter One declined to submit a proposal. No reason was given for their decision not to participate in the process. Proposals were evaluated using the following criteria: financial strength of the institution, cost of providing service, experience providing services for similar accounts, proven capabilities and references and ability to meet current and projected service requirements over the term of the agreement. Based on an initial review, three financial institutions were considered to move forward in the process to provide depository account and lockbox services. These institutions were LaSalle Bank, Fifth Third Bank and Bank One. Depository Account and Lockbox Remittance Services were evaluated together as it was anticipated that the provider of the lockbox service would also hold the Village's depository accounts. This is done in order to reduce banking fees associated with fund transfers and eliminates the need to reconcile additional accounts. Follow-up meetings were held with each of the finalists and site visits were made to their lockbox processing facilities. Finalists were then provided one last opportunity to clarify pricing issues brought up in the follow-up meetings. Bank One came back with the lowest pricing for these combined services. The Village could anticipate saving approximately 18% in banking fees from what we are currently paying over the initial four-year term of the agreement. Additional savings could be realized by modifying some of the Village's current banking procedures. Exhibit One illustrates a summary of pricing for the depository and lockbox remittance services as well as for safekeeping and merchant services. The safekeeping and merchant services portion of the RFP were evaluated separately from depository and lockbox remittance to allow the Village flexibility to select different financial institutions if additional savings could be realized. In evaluating the proposals for Safekeepinç¡ services, it was important to keep in mind the monthly reporting requirements of the Village. Proposals not meeting the Village's minimum reporting requirements were not considered. After it was determined a particular proposal could meet the reporting needs, they were next evaluated on cost of providing the service. A monthly summary of activity for the five safekeeping accounts was provided to the financial institutions to calculate their pricing. This allowed the Village to evaluate proposals regardless of whether pricing was based on the value of portfolio or number of holdings/transactions. Based on the cost analysis, it was determined that the Village would retain LaSalle Bank to provide the Village's safekeeping services. Their reporting capabilities best met the needs of the Village and their pricing was lowest of all those who I:\RFP Information\Banking RFP\Recommendation Letter.doc "' ~ .<, Banking Services Proposal March 16, 2005 Page 3 submitted a proposal. Please refer again to Exhibit One for a summary of pricing for these safekeeping services. Cost estimates for Merchant Services were prepared based on estimated processing volumes since we do not currently offer this service to our customers. Merchant service providers were presented with two scenarios using different annual volume and average ticket assumptions. The proposal also assumed different levels of credit and debit card usage for walk-in and Internet usage. The lowest quote to provide this service came from Fifth Third Bank. The average cost per transaction was 1.73% or $17.30 per $1,000. Pricing for the merchant services is included in Exhibit One. Although the Village is not changing any of its banking relationships, the time and effort it took to conduct the RFP for banking services was definitely worth the effort. Annual savings for depository and lockbox services will be approximately $5,925 with potential additional savings through modifying some of the Village's current banking procedures. The RFP also confirmed that the Village is receiving excellent value in its monitoring and reporting for safekeeping services. Finally, the ability to accept credit card payments through the addition of merchant services will allow the Village to offers residents an expanded service with minimal impact to operations. RECOMMENDATION: It is recommended the Village Board accept the proposals from Bank One (depository and lockbox remittance), LaSalle Bank (Safekeeping) and Fifth Third (Merchant Services) to provide the Village's banking services for the four-year period commencing April 6, 2005. /, (¿~ é.p" Ç.;/L-- /7 .../' L.......- DAVID O. ERB DIRECTOR OF FINANCE DOE! I:\RFP Information\Banking RFP\Recommendation Letter.doc EXHIBIT ONE Village of Mount Prospect, Illinois Summary of Proposals for Banking Services March 1, 2005 LaSalle Fifth Third Bank Bank One Depository and lockbox Total 8,159.76 12,871.08 10,161.60 7.320.00 3,600.00 3.015.00 15,479.76 16,471.08 13,176.60 14.759.64 12,090.24 13.807.20 30.239.40 28.561.32 I 26.983.80 I Water Billing Vehicle Stickers Banking Services Safekeepina Total 0.019% 0.040% nfa nfa nfa $801.25/month 8.554.72 I 18.009.94 9.615.00 Basis points on existing assets Value of assets $45,024,852 Transactional based Merchant Services Total 150,000.00 150,000.00 150,000.00 75.00 75.00 75.00 2.377% 1.725% 2.068% 3.565.50 I 2.587.50 I 3.102.00 Annual volume $150,000 Average ticket $75 Average per transaction rate ," ~ INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois DATE: MARCH 16, 2005 NEXTEL SERVICE CONTRACT ~. HI ~~ 41 b t>S'" TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER SUBJECT: The Village staff has been utilizing Nextel phones for wireless service and two-w communication for the past 5 years. The Village has been very aggressive in managing the annual cost of the service through advantageous use of government pricing and periodic special offers. It was determined through staff discussions that the phone service contracts could be better managed through a single contact instead of each department pursuing special offers on an individual basis. Deputy Fire Chief John Malcolm took the lead on this project and worked closely with Nextel to consolidate all the existing phone service contracts into a single master agreement and designate phone groups for pooling of minutes for discounted airtime costs. D/C Malcolm's efforts have paid off with a discounted contract for service that will result in a minimum annual savings of $16,388. In order to take advantage of this savings the Village and Nextel must enter into an equipment and service agreement. The agreement will also allow additional savings by providing equipment discounts as phones are replaced. Nextel has also worked closely with D/C Malcolm installing BDAs (signal boosters) in the public safety building and the new village hall. These BDAs not only improved the signal strength for the Nextel phones and eliminated the below grade dead spots the boosters also improved the emergency radio signal strengths at these locations. Staff would recommend approval of the Wireless Equipment and Service Agreement between the Village and Nextel. If you have any questions, please contact me. ; !:;> ~ ¿:;: W David Strahl c: D/C Fire Chief John Malcolm H:\VILM\Utilities\Nextel Service Contract VB Cover Memo.doc . Government Contract WIRELESS EQUIPMENT AND SERVICE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NEXTEL COMMUNICATIONS AGREEMENT#N4005021405 THIS WIRELESS EQUIPMENT AND SERVICE AGREEMENT (hereinafter the "Agreement") is made this - day of March, 2005 and the initial term shall commence as of full execution of this agreement (hereinafter the "Effective Date") by and between Nextel West Corp., d/b/a Nextel Communications, a Delaware corporation with an office at 2001 Edmund Halley Drive, Reston, VA 20191 on behalf of itself and its affiliates and subsidiaries (hereinafter "Nextel") and The Village of Mount Prospect, located at 50 South Emerson Street, Mount Prospect, Illinois, 60056 (hereinafter "Customer"). Nextel and Customer are sometimes referred to herein individually as a "Party" or collectively as the "Parties." WHEREAS, Nextel owns and/or operates systems to provide wireless telecommunications (the IISystem(s)"), together with affiliated companies as a nationwide network, in certain geographic areas throughout the United States, and provides cellular phone ("Phone"), BlackBerry@, radio equipment and all other related equipment or devices used in connection with Customer's service (collectively, the "Equipment"); WHEREAS, Customer's services ma~ include, but are not limited to, wireless calling, Direct Connect@ walkie-talkie services, Nationwide Direct Connect" walkie-talkie services, Group ConnectSM walkie-talkie services, wireless web services including email services ("Wireless Data Services"), mobile messaging services, including two-way messaging and SMS services ("Mobile Messaging"), and other related services and features (collectively, the "Service(s)"); and WHEREAS, Service is accessible to Customer through the telephone, data, email or messaging code or number(s) or email address(es) (collectively, the "Number(s)") assigned to Customer's account(s); NOW THEREFORE, the Parties hereby agree as follows: 1. Equipment and Services. Nextel will provide to Customer the Equipment and Services at the prices identified in Attachment A to this Agreement or as otherwise incorporated by reference into this Agreement or agreed to by the Parties. The Customer shall be permitted to purchase additional Equipment during the Term, without amending the Contract and at the discounts reflected in Attachment A. 2. Term. (a) The initial term ("Term") of this Agreement shall begin on the Effective Date and be effective for a period of one year, unless sooner terminated in accordance with any applicable provision set forth herein. The Term may be extended upon the mutual written agreement of the Parties for up to two consecutive one-year periods. (b) In the event that this Agreement expires but Customer desires to continue existing Service and/or place orders for new Equipment or Service, Nextel may continue to provide Service and/or may fulfill such orders at Nextel's sole discretion, but Nextel Agreement #N4005021405 shall have no obligation to provide Service or to fulfill any orders received after the expiration of the Agreement. If Nextel continues to provide Service and/or fulfills orders placed after the expiration of this Agreement, the Parties understand and expressly agree that the terms and conditions of this Agreement shall govern all such Equipment and Service and Customer agrees to pay for all such Equipment and Services or Nextel may terminate Service immediately. 3. Purchase Orders. Any Purchase Orders shall be subject to this Section and shall describe the Equipment and Services being purchased; the quantity to be purchased; the delivery destinations; the requested delivery dates and any other information required by this Agreement. Nextel shall accept all Purchase Orders consistent with the terms of this Agreement that are submitted in accordance with this Section. The terms and conditions of this Agreement relating to the purchase of Services and Equipment shall be deemed incorporated into and made a part of each Purchase Order. Any terms and Government Contract conditions appearing in a Purchase Order or in. any acknowledgment or acceptance of a Purchase Order that are inconsistent with, or in addition to (except as required by law) the terms and conditions of this Agreement shall be null and void. 4. Payment. (a) Billing. Customer is responsible to pay Nextel, within thirty (30) calendar days from the date of Customer's receipt of Nextel's invoice for Equipment or Service(s) provided by Nextel to Customer. This shall include, without limitation, interconnect fees and additional charges, as reflected within Nextel's Other Fees and Assessments section referenced herein. If Customer has multiple account numbers, Customer will identify with its payment the specific amounts being paid for each account number. The day of the month on which Customer receives an invoice may vary and is subject to change. Service charges will be invoiced to Customer in advance, and usage charges will be invoiced in arrears. Unless otherwise specified in Customer's rate plan, any unused minutes or other allotted Services under Customer's rate plan will not be carried over to any other billing cycle. If Customer's Service is terminated for any reason (including if Customer's Number is ported) before the end of any billing cycle, no credit or refund will be provided for unused minutes or other allotted Services and any monthly service charge will not be prorated to the date of termination. On occasion, Customer may be billed for Services in a month other than the month in which Customer used the Service. The creation of new cell sites, Nextel's implementation of new billing technology, delays in the reporting of international or other roaming charges between carriers, and other similar events may result in such delayed billing. Nextel may bill Customer on behalf of third party providers of Online Applications that are accessed by Customer through the Equipment. Online Applications are defined herein as Wireless Data Services consist of applications such as email, data, information and other wireless Internet services ("Online Applications"). Nextel may retain a percentage of these charges before providing the balance to the third party provider of such Online Application. (b) Payment. Customer shall pay in full all charges for Services provided under this Contract and any rate plan that becomes part of this Contract, including monthly service charges, usage charges, taxes, assessments and any additional fees or charges imposed on Customer in this Contract or on Nextel and associated with the Service or the Equipment. Customer is responsible for all charges or purchases Agreement #N4005021405 associated with Customer's number and Equipment whether or not Customer was the user of the Service or authorized its use. (c) Service Charges. Customer shall pay all charges for Services selected by Customer as indicated on the invoice of this Contract as part of Customer's rate plan, and any additional Services selected by Customer. Customer's rate plan will be offered at the rates and subject to the conditions set forth in the rate plan information provided to Customer at the time of sale. CUSTOMER'S RATE PLAN INFORMATION SHALL BE CONSIDERED PART OF THIS CONTRACT. Rates charged to Customer include monthly access charges and may include activation and other fees associated with features such as voicemail and caller identification. Monthly access charges shall begin once Customer's Service is activated, which may occur before Customer receives the Equipment. , (d) Usage Charges. Depending on the rate plan selected, Customer may incur usage charges for Services such as: wireless calling, Direct Connect@, Nationwide Direct Connect@, Group ConnectSM, Mobile Messaging, Wireless Data Services and other Services that may be offered from time to time. Usage charges may vary depending on how, where and when Customer uses the Service. Customer may be assessed long distance charges (including international calling) or other charges for "toll-free" calls to 800, 866, 877, 888 and other toll-free numbers. Customer also may be charged for the use of special Services such as 411 services or call- forwarding. Airtime charges will be assessed for the entire period during which a call or Direct Connect@ transmission is connected to the Nextel network. A wireless call connection begins approximately when Customer presses the button to initiate an outgoing call or the phone starts ringing for an incoming call and ends approximately when the first party terminates the call. Customer shall be responsible for all charges for incoming wireless calls that are answered. A Direct Connect@ or Group ConnectSM transmission occurs approximately when Customer presses the button to initiate a transmission and ends approximately six (6) seconds after completion of a communication (i.e., when Customer or another participant releases the button) to which no participant responds. Customer initiates a new Direct Connect@ or Group ConnectSM transmission if Customer responds more than six (6) seconds after the other participant completes a communication. Nationwide Direct Connect@ calls use the Direct Connect@ minutes in your rate plan and incur an 2 Government Contract additional access charge. Airtime charges for Direct Connect@ or Group Connect@ transmissions or Nationwide Direct Connect@ access are charged to the customer that initiates the transmission and, unless a rate plan includes unlimited transmissions or access, are calculated by multiplying the duration of the transmission (including the six (6) second period referred to above) by the applicable rate and the number of participants. Customer will not be charged for sending or receiving call alert transmissions ("Call Alerts"), but will be deemed to have initiated a new Direct Connect@ transmission if Customer responds to a Call Alert, even if Customer responds within six (6) seconds of receiving the Call Alert. Text and numeric messaging will be charged on a per message basis; however, Customer may elect to purchase a certain number of messages for a fixed monthly price. Any messages in excess of Customer's allotted messages will be charged at the per message rate. Depending on the rate plan, Customer may be charged on a per kilobyte basis (one megabyte equals 1024 kilobytes and one kilobyte equals 1024 bytes), for Customer's use of Wireless Data Services. Kilobytes may be used for, without limitation, browsing the Internet, accessing Wireless Data Applications and for reading, sending and responding to email. Airtime minutes allotted to Customer under Customer's rate plan may be used in connection with certain Wireless Data Services. CUSTOMERS ARE CHARGED AT LEAST ONE (1) MINUTE OF AIRTIME FOR ALL WIRELESS CALLS AND AT LEAST SIX (6) SECONDS OF AIRTIME FOR ALL DIRECT CONNEC~ TRANSMISSIONS, REGARDLESS OF LENGTH. AFTER THE INITIAL MINUTE, AIRTIME CHARGES FOR WIRELESS CALLING ARE ROUNDED-UP AND BILLED TO THE NEXT SECOND OR TO THE NEXT MINUTE, DEPENDING ON CUSTOMER'S RATE PLAN. AFTER SIX (6) SECONDS, DIRECT CONNEC~ TRANSMISSIONS ARE ROUNDED-UP AND BILLED TO THE NEXT SECOND. DATA USAGE FOR WIRELESS DATA SERVICES IS ROUNDED TO THE NEAREST ONE-TENTH (1/10) OF A KILOBYTE. (e) Failure to Pay. Customer acknowledges that time is of the essence with respect to all amounts owed to Nextel. IF CUSTOMER HAS NOT PAID ITS MONTHLY INVOICE IN FULL BY THE DUE DATE, A LATE PAYMENT CHARGE OF THE AMOUNT PERMITTED BY LAW, MAY BE APPLIED TO THE TOTAL UNPAID BALANCE DUE AND OUTSTANDING. THIS LATE PAYMENT CHARGE IS ASSESSED TO RECOVER COSTS FOR CUSTOMER'S FAILURE TO PAY AND SHALL NOT Agreement #N4005021405 CONSTITUTE INTEREST. Nextel's acceptance of late or partial payments (even if marked "paid in full" or similar notations) shall not waive Nextel's right to collect the full amount due under this Contract, plus any additional amounts charged under this paragraph. If Nextel obtains the services of a collection or repossession agency or an attorney to assist in remedying any breach of this Contract by Customer, including but not limited to, Customer's nonpayment of charges, Customer shall be liable for this expense. Customer understands that in the event of nonpayment of charges or any other breach of the terms and conditions of this Contract, in addition to any other remedies Nextel may have, Nextel may temporarily or permanently terminate Service to Customer. Nextel may, but is not required to, reactivate Service to Customer after Service has been suspended or terminated. Before Service may be reactivated, Customer must pay to Nextel all past due amounts plus a reconnection charge equal to $25.00 per Number, plus applicable taxes. (f) Disputed Charges. To dispute any charge, Customer must pay all undisputed amounts when due and submit a written notice to Nextel within ninety (90) days of the problem or before the end of the third billing cycle after the date upon which the problem occurred, whichever occurs later. CUSTOMER WAIVES THE RIGHT TO DISPUTE ANY CHARGES FOR WHICH TIMELY NOTICE IS NOT PROVIDED TO. NEXTEL. Nextel shall resolve all disputed charges in its sole discretion. If Nextel determines that an error was made on Customer's invoice, Nextel will credit Customer's account in the amount of the error. If Nextel determines that a disputed charge was validly assessed upon Customer, Nextel will notify Customer and Customer must furnish the amount to Nextel within a reasonable period of time; or, if authorized by Customer, Nextel may instead charge Customer's credit card or debit card by any amount that was validly assessed. If Customer fails to pay any undisputed amount or, after a reasonable period of time, fails to pay any amount determined by Nextel to have been validly assessed upon Customer, Nextel may exercise any remedies available to Nextel under this Contract for non-payment, including termination of the Contract. Customer hereby acknowledges that Customer has read the explanation of rates and charges set forth herein and understands that these rates and charges may be assessed upon Customer, to the extent applicable. 5. Rate Plans. Nextel will make available to Customer the National Shared Minute family of rate 3 Government Contract plans and the Government Local Shared rate plans for the life of this Agreement and affirm that discounts will remain fixed as stated herein. Nextel reserves the right to change, discontinue or introduce promotional rate plans on a quarterly basis. Customer may utilize such new or revised promotional rate plans under the terms and conditions of this Agreement. Additional charges may apply to Nextel rate plans, which are subject to change, and may vary by market. Such charges may include, but are not limited to, a Universal Service Fund assessment, a Telephone Relay Service charge, and in some states a mandatory state- required E911 fee. 6. Taxes and Fees. Customer shall pay all applicable federal, state, and local taxes and fees ("Taxes") that are imposed on transactions subject to this Agreement. Customer must provide Nextel with valid and properly executed tax exemption certificates before any such exemption shall become effective. Customer shall be responsible for all Taxes regardless of whether Taxes are: (1) measured by gross receipts from sales made to Customer; (2) imposed as a per-line or per-unit charge; or (3) imposed upon Customer or Nextel. Taxes include, but are not limited to, the following: federal, state, and local excise taxes, sales and transaction taxes, gross receipts taxes, utility taxes, and other taxes and fees. Customer shall not be responsible for Taxes imposed on Nextel's net income or property. Customer shall provide Nextel with the Primary Place of Use (i.e., Customer's residential street address or primary business address) for each unit activated on Customer's account, and notify Nextel of changes in any such address. Nextel is not required by law to collect certain Taxes. Taxes are subject to change without notice. 7. Shipment Risk of Loss. Equipment shall be shipped F.O.B. destination. Upon Customer's acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. Upon such acceptance by the Customer, no loss, damage, theft, or destruction of the Equipment, in whole or in part, shall impair Customer's obligations under this Agreement, including, without limitation, Customer's responsibility for the payment of service charges due under this Agreement. 8. Use of Service. (a) Unlawful Use Prohibited. Customer shall not use the Service or the Equipment in any unlawful manner (including, but not limited to, use in any aircraft or motor vehicle where prohibited Agreement #N4005021405 by law, ordinance, or regulation), or in a manner that may be abusive, harassing, threatening or fraudulent. Customer is solely responsible for all content transmitted using the Service or the Equipment and shall not use the Service or Equipment to communicate any (1) harassing, threatening, defamatory, pornographic or obscene messages; (2) unsolicited commercial messages; or (3) unsolicited commercial and/or bulk text or SMS messages. Customer shall not use the Service or Equipment in a manner that could result in damage or risk to the business, reputation, properties, or services of Nextel or to Nextel's subscribers, third parties or to the public generally (e.g., Customer shall not attempt to gain unauthorized access to the Service or any account on the Service, use the Service to infringe the copyright of another, or upload or transmit any "virus", "worm" or other malicious code). Customer shall not modify, disassemble, de install or alter the Equipment in any manner, except in accordance with the use instructions accompanying the Equipment. Customer may not resell or lease the Service or the Equipment to any other person or party. (b) Change in Service/Number. Nextel may, at any time, change or remove any Number assigned to Customer when such change is reasonably necessary in the conduct of Nextel's business. Customer acknowledges that Customer has no proprietary or ownership rights or interest in Customer's Number(s) and cannot acquire such rights or interest through usage, publication or otherwise. Customer may not assign its Number to any other Equipment and shall not program any other Number into its Equipment. In the event that wireless number portability becomes available in Customer's Service Area, Customer may request that its Phone number(s) be ported to another service provider. Upon such request, all amounts then owed to Nextel (including damages for early termination and any amounts that appear on the final invoice) shall become immediately due and payable, and Customer's failure to provide timely payment to Nextel could delay facilitation of Customer's request. (c) Wireless Data Services. Wireless Data Services consist of applications such as email, data, information and other wireless Internet services ("Online Applications"). Customer acknowledges that no guarantee or assurance exists that the Online Applications will be compatible, or, if currently compatible, will continue to be compatible, with Nextel's network or with Customer's Equipment or Service. Nextel does not endorse any Online Application, even if currently compatible with Nextel's 4 Government Contract network or with Customer's Equipment or Service. Nextel may, at any time in its sole discretion, disable or discontinue any Online Application for any reason. Use of Wireless Data Services requires Internet compatible Equipment, and is subject to applicable storage, memory or other Equipment limitations. Only certain Internet sites may be accessed by Customer, and certain Wireless Data Services may not be available in all areas where Service is provided. Customer may, from time to time, access through Wireless Data Services statements, opinions, graphics, photos, music, services and other information ("Content"), including Content provided by third parties. Customer acknowledges that Nextel offers no guarantee or assurance regarding the accuracy, completeness, appropriateness or utility of the Content. Customer also acknowledges that Nextel does not publish and is in no way responsible for any Content that is provided by third parties. Customer also may establish contact with third parties through Wireless Data Services. Nextel is not responsible for the actions of third parties contacted by Customer, whether such contact was initiated by Customer or was brought about through an embedded link on the Equipment. Content providers and others have proprietary interests in certain Content. Customer shall not, and will not permit others, to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any Content in any manner without the prior written consent of Nextel, the Content providers, or others with proprietary interests in such Content, as applicable. (d) Network Security. Nextel may take any action that it deems necessary to (1) protect its network, its rights or the rights of its customers and third parties; or (2) optimize or improve its network, its Services and the Equipment. Customer acknowledges that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through Wireless Data Services. Nextel may, in its sole and absolute discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any Customer preference. (e) Application Support. Nextel is often not the developer of Online Applications that are accessible through Wireless Data Services. Therefore, if Customer contacts Nextel's Customer Care department regarding use of an Online Application, Customer may be referred to the customer care department of the developer of the Online Agreement #N4005021405 Application, and Nextel shall not be obligated to support any such Online Application. (f) Service Availability. Service is generally available to Customer when Customer is within the operating range of the Nextel network or within the range of a provider with which Nextel has a reciprocal service arrangement ("Service Area"). CUSTOMER'S SERVICE AREA IS SUBJECT TO CHANGE AT ANY TIME IN NEXTEL'S SOLE DISCRETION. Service quality and availability within Customer's Service Area is also affected by conditions Nextel does not control, including the Equipment, problems associated with interconnecting carriers, power failures, "viruses", obstructions such as buildings or trees, tunnels, atmospheric, geographic or topographical conditions and other conditions. Service also may be limited or temporarily unavailable due to System capacity limitations or system repairs or modifications. Nextel also may be required during public safety emergencies or when System capacity is otherwise limited to limit access to the Nextel network for those customers that are not then using the Service and connected to the network in order to facilitate communications by public safety organizations such as police and fire departments. In this event, customers that have priority access Service will be given access to the Nextel network before Nextel's non-priority access customers. Nextel will not complete calls to 900, 976 or similar numbers for pay-per-call services. Caller identification information may not be available for all incoming calls. International calling may be blocked. (g) Equipment. Customer acknowledges that Nextel is not responsible for the operation, quality of transmission, or, unless separate maintenance arrangements have been made between Nextel and Customer, for maintenance of the Equipment. Customer further acknowledges that Equipment purchased from Nextel is not compatible with and will not support services provided by other wireless carriers, except for those services provided by an entity operating compatible iDEN'm equipment or in connection with roaming to certain countries outside of the United States. NEXTEL SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGE TO THE EQUIPMENT) RESULTING FROM INSTALLATION OF ANY EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY. 9. Indemnification. Nextel will defend, indemnify and hold harmless the Customer against all claims, actions, damages, costs, and liabilities (including reasonable attorney's fees), and all liability to third 5 Government Contract parties arising from or in connection with any death, bodily injury or damage to tangible personal or real property caused or incurred by the intentional tortious conduct, unlawful conduct, or gross negligence of Nextel's employees, subcontractors, or agents while upon the premises of or controlled by Customer. To receive the foregoing indemnities, Customer must promptly notify Nextel in writing of a claim or suit and provide reasonable cooperation (at Nextel's expense) and full authority to defend or settle the claim or suit. Nextel shall have no obligation to indemnify the Customer under any settlement made without Nextel's written consent. 10. Limitation of Liability. (a) Nextel's entire liability under this Agreement for any loss or damage caused by a material breach by Nextel, its employees or agents related to Nextel's performance hereunder shall be as follows: (i) For any claims whatsoever arising from or related to service disruption, regardless of the cause ("Service Disruption"), Nextel's sole liability is limited to a credit allowance equal to the proportionate charge to Customer for the period of the Service Disruption. Service Disruptions do not include unavailability of the Service during periods of scheduled or unscheduled network maintenance. (ii) For any claims not related to Service Disruption involving bodily injury or death or damage to tangible personal or real property caused or incurred by the intentional tortious conduct, unlawful conduct, and/or gross negligence of Nextel, its employees, subcontractors or agents, Nextel's entire liability is limited to reasonable costs of defense and proven direct damages. (iii) For claims of infringement of patents, copyrights or other intellectual property, the remedies set forth in Section 11, Intellectual Property Indemnification, herein. (iv) For any other type of claim in any manner related to this Agreement (whether in contract, tort, negligence, strict liability, and whether such claims are based upon tort, statute or otherwise), Nextel's entire liability shall be limited to reasonable costs of defense and proven direct damages, not to exceed per claim (or in the aggregate during any twelve (12) month period) the total payments made by Customer under this Agreement. (b) IN NO EVENT IS NEXTEL LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, Agreement #N400S02140S INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, NOR FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, OR LOST SAVINGS OR INCREASED COST OF OPERATIONS,SUSTAINED BY CUSTOMER OR ANY THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN. (c) Nothing herein is intended expressly or implicitly to benefit any person who is not a named party to this contract or to provide any third party (including any user of the Equipment or Service) with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. This entire Limitation of Liability provision shall survive termination of this Agreement. 11. Intellectual Property Indemnification. (a) If Customer promptly notifies Nextel in writing of a third party claim against Customer that any Nextel Equipment or Service provided under the Agreement, or any material provided by Nextel which is included in or used in the development or provision of the Equipment or Service, infringes a U.S. patent, copyright, trade secret, or trademark of any third party, Nextel shall defend such claim at its expense and shall pay any costs or damages that may be finally awarded against Customer. Nextel shall not indemnify Customer, however, if the claim of infringement is caused by: (1) misuse or unauthorized modification of the Equipment or Service by Customer; (2) failure to use corrections or enhancements made available to Customer by Nextel; (3) use of the Equipment or Service in combination with any product or information not owned or developed by Nextel, unless the claim would have arisen solely from the use of the Equipment or Service without combination with such product or information; (4) Customer's distribution, marketing, or use for the benefit of third parties of the Equipment or Service; or (5) information, direction, specification, or materials provided by Customer. (b) If any Equipment or Service is found to be infringing, Nextel shall, at its expense and option, either (i) procure the right for Customer to continue using it, (ii) replace it with a non-infringing equivalent, (iii) modify it to make it non-infringing, or (iv) direct the return of the Equipment and refund of the fees and expenses paid for such Equipment and Service and any Equipment and Service that are dependent thereon, less a reasonable amount for Customer's use of the Equipment and Service up to the time of return. To receive the foregoing indemnities, Customer must promptly notify Nextel in writing of a 6 Government Contract claim or suit and provide reasonable cooperation and full authority to defend or settle the claim or suit. (c) THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE LIABILITY AND OBLIGATION OF NEXTEL AND ANY OF ITS LICENSORS, AND THE EXCLUSIVE REMEDY OF THE CUSTOMER, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY U.S. PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE EQUIPMENT AND/OR SERVICES OR ANY PART THEREOF. 12. Warranties Disclaimed. (a) Service. Content. Applications: NEXTEL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE OF THE SERVICE, CONTENT, AND/OR APPLICATIONS. CUSTOMER ACKNOWLEDGES THAT SERVICE DISRUPTIONS WILL OCCUR FROM TIME TO TIME AND, SUBJECT ONLY TO THE LIMITATION OF LIABILITY PROVISION SET FORTH IN PARAGRAPH 10(a)ii AGREES TO WAIVE ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS AND JUDGMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR INDEMNIFICATION, AGAINST NEXTEL ARISING FROM OR RELATED TO ALL SUCH SERVICE DISRUPTIONS. (b) Equipment: NEXTEL DOES NOT MANUFACTURE ANY EQUIPMENT. EXCEPT FOR ANY WARRANTIES THE CUSTOMER RECEIVES FROM THE EQUIPMENT MANUFACTURER, NEXTEL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER OF THE EQUIPMENT, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE RELATED TO THE EQUIPMENT. EXCEPT FOR ANY WARRANTIES THE CUSTOMER RECEIVES FROM THE EQUIPMENT MANUFACTURER, THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION CONTAINED IN THE MANUFACTURER'S WARRANTIES APPLICABLE TO A GIVEN ITEM OF EQUIPMENT. IF THE Agreement #N4005021405 EQUIPMENT PROVES DEFECTIVE, ANY COSTS OF NECESSARY SERVICING AND REPAIR WILL BE BORNE BY THE CUSTOMER UNLESS OTHERWISE AGREED BY NEXTEL IN WRITING. IN NO EVENT SHALL NEXTEL BE LIABLE FOR ANY CONSEQUENTIAL, SÞECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, NOR FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, OR LOST SAVINGS OR INCREASED COST OF OPERATIONS, SUSTAINED BY CUSTOMER OR ANY THIRD PARTIES ARISING FROM OR RELATED TO THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN. (c) UNDER CERTAIN CIRCUMSTANCES, SOME JURISDICTIONS MAY NOT RECOGNIZE OR GIVE EFFECT TO, IN WHOLE OR IN PART, WARRANTY DISCLAIMERS. THEREFORE, TO THE EXTENT THAT THE DISCLAIMER OF WARRANTIES SET FORTH HEREIN IS NOT PERMITTED BY APPLICABLE LAW, IT WILL NOT APPLY TO CUSTOMER OR SHALL ONLY APPLY TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW. 13. Termination. (a) Customer may terminate this Agreement for convenience, in whole or in part, upon at least thirty (30) days prior written notice. If Customer terminates all or part of this Agreement for convenience, Customer must pay Nextel all fees and charges for all Services, work done, and preparations made (including reasonable startup and implementation costs that were to be amortized over future payments) for the terminated portions of the Agreement, including reasonable settlements with subcontractors, reasonable costs of settling the terminated work. (b) In the event either Party breaches a material provision or obligation under this Agreement, then the non-defaulting Party may terminate the Agreement if the defaulting Party does not remedy the breach within the "Cure Period." The Cure Period shall be a minimum of thirty (30) days from the date that the non-defaulting Party provides written notice ("Cure Notice") of such breach to the defaulting Party, and provides such defaulting Party with an opportunity to cure. (c) Customer shall provide Nextel with reasonable notice of any lack of allocable funds or appropriation of funds relating to this Agreement. Customer shall 7 Government Contract be responsible for payment of fees and charges incurred for services provided prior to the date the Agreement is terminated for any such lack of allocable or appropriation of funds. (d) Nextel incurs a significant cost in activating Service to Customer, including a large up-front cost in offering Equipment to Customer. These costs are partially recouped over the length of Customer's Agreement with Nextel through monthly service rate charges to Customer, which have been established in part for this purpose. If Customer breaches this Agreement or terminates Service for any reason (including by porting its Phone number to another service provider), Customer understands and acknowledges that Nextel will not receive the full benefit of its Agreement with Customer, in part, because Nextel will not continue to receive monthly service charges from Customer. As a result, Nextel shall incur damages that are difficult, if not impossible, to determine. THEREFORE, IN THE CASE OF CUSTOMER'S BREACH OR EARLY TERMINATION WITHIN THE FIRST TWELVE (12) MONTHS OF THIS AGREEMENT, CUSTOMER SHALL PAY TO NEXTEL (IN ADDITION TO ALL AMOUNTS THEN OWED TO NEXTEL) THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH NUMBER ASSIGNED TO CUSTOMER'S ACCOUNT AS A REASONABLE ESTIMATE OF THE DAMAGES INCURRED BY NEXTEL. This is intended to maintain Nextel's overall rate at an acceptable level despite Customer's early termination and will be assessed without exception unless otherwise provided in this Agreement or by applicable law. (e) Nextel will not payor accept any liability for excess reprocurement costs (costs of cover). In the event Nextel is determined to be in breach of a material obligation under this Agreement and Nextel fails to remedy such breach within a minimum of thirty (30) days from the date of Customer's delivery of written notice thereof, Customer's sole remedy will be to terminate this Agreement. 14. Force Majeure. Notwithstanding anything to the contrary contained in this Agreement (including, but not limited to, installation, delivery and liquidated damages), neither Party shall be liable for loss or damage or be deemed to be in breach of the Agreement due to such Party's failure or delay of performance, wholly or in part, if such failure or delay is due to causes beyond a Party's reasonable control or beyond the reasonable control of its subcontractors or agents whether foreseen or Agreement#N4005021405 unforeseen, including, but not limited to, acts of God, fire, flood, explosion, vandalism, or unusually severe weather; any law, order, regulation or request of the United States government or of any government having jurisdiction or of any agency, commission, court or other instrumentality of anyone or more of such governments; national emergencies; acts of civil or military authority; riots; wars; strikes, terrorist acts; criminal or malicious acts of third parties, lockouts, work stoppages or other such labor difficulties; loss or interruption of electrical power or other public utility; cable cuts; transmission tower damage; or acts or omissions of the local exchange company or other third party beyond the reasonable control of a Party. Any failure or delay of performance resulting therefrom that a Party has been unable to avoid or overcome by the exercise of due diligence shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. 15. Privacy: Notice Regarding Emergency Calls; Customer Information. (a) Privacy. Wireless systems use radio channels to transmit communications that may be accidentally or intentionally intercepted. Although federal and state laws may make it illegal for third parties to listen in on Customer's Service, privacy cannot be guaranteed. NEXTEL SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR EAVESDROPPING ON OR INTERCEPTION OF COMMUNICATIONS MADE WHILE USING THE SERVICE OR THE EQUIPMENT. (b) 911 or Other Emergency Calls. The Service does not interact with 911 and other emergency services in the same manner as non-wireless or landline telephone services. Depending on Customer's location, the type of Equipment being used, the type of equipment being utilized by any applicable emergency services provider, and the circumstances and conditions of a particular call, Customer's phone number and/or location may not be identifiable to emergency services providers and Customer may not be connected to the appropriate emergency services provider. In certain circumstances, a 911 call may be routed to a state patrol dispatcher. Nextel is deploying wireless Enhanced 911 ("E911 ") compatible Equipment that meets applicable Federal Communications Commission ("FCC") requirements and that is designed to help public safety authorities locate users of the Service who make 911 calls. However, E911 service that is compatible with the FCC technical requirements is not available in all areas, and even in those areas where it is available, 8 Government Contract it is not entirety reliable. Moreover, if Customer's Equipment is not GPS-enabled, emergency services personnel may have much less precise location information about the Customer, compared to the information available to them if Customer's Equipment was GPS-enabled. The information available to emergency service providers may also be limited if Customer's number or numbers are in the process of being ported. Customer acknowledges that E911 service is not available in all areas, is not completely reliable and is further limited when using non-GPS enabled Equipment or during the number porting process. CUSTOMER AGREES TO WAIVE ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS AND JUDGMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR INDEMNIFICATION, AGAINST NEXTEL ARISING OUT OF THE USE OR ATTEMPTED USE OF NEXTEL'S SERVICE TO ACCESS 911 OR OTHER EMERGENCY SERVICES. Customer consents to Nextel's disclosure of Customer information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, Customer's name, address, Number, and the location of the user of the Service at the time of call. (c) Access, Use and Disclosure of Customer Information and Communications. Customer acknowledges and agrees that Nextel may access, use, and disclose to third parties, any information whether personally identifying information, or "customer proprietary network information" ("CPNI") within the meaning of 47 U.S.C. § 222 and its implementing regulations ("CPNI Regulations") that Nextel collects, possesses or develops about Customer to: (1) provide Customer with Equipment, Service, or customer support; (2) conduct marketing activities in accordance with applicable law (Customer may opt out of any such marketing by contacting Nextel); (3) enable Customer to switch to a new service provider (either Nextel or another service provider) while retaining the same phone number; (4) list Customer's contact information (e.g., name, address, and Number) in a telephone or subscriber directory, or include such information in a directory assistance service; (5) provide handset- based or network-based geographic information services via Nextel-provided or third party software Applications; (6) comply with applicable law; or (7) respond to emergencies. Customer acknowledges that any information that identifies Customer (e.g., Customer's name and Number) and calls made by Customer may appear on the Equipment or bill of a person or party that receives Customer's call. Nextel Agreement #N400S02140S may access, use, disclose, record or monitor any communications to or from Customer or any other person to protect Nextel's rights or property or those of other customers, as permitted by law. (d) Geographic Information Services. Consistent with the foregoing, Customer acknowledges and agrees that Nextel or a third party application service provider may access, use, and disclose to third parties the geographic location of Customer's Equipment to provide Customer with any geographic information service which Customer accesses through the Service or Equipment. If Customer utilizes any such service and there are additional users on Customer's account, Customer shall clearly, conspicuously, and regularly notify all individual users of the Service that location information (Le., the geographic coordinates of the Equipment) may be accessed, used, or disclosed in connection with the Service. For any geographic information service that is governed by the CPNI regulations or a similar law, Nextel will provide Customer with a separate notice and opportunity to consent to the access, use, and disclosure of geographic information. CUSTOMER AGREES TO WAIVE ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) AGAINST NEXTEL ARISING OUT OF A BREACH OF CUSTOMER'S OBLIGATION TO NOTIFY USERS AS SET FORTH IN THIS SECTION OR CUSTOMER'S USE OF ANY GEOGRAPHIC INFORMATION SERVICE OR LOCATION INFORMATION. (e) Confidential Information. Commencing on the Effective Date of this Agreement and continuing for a period of three (3) years from the termination of this Agreement, each Party shall protect as confidential, and shall not disclose to any third party, any Confidential Information received from the disclosing Party or otherwise discovered by the receiving Party during the Term of this Agreement, including but not limited to, the pricing and terms of this Agreement, and any information relating to the disclosing Party's technology, business affairs, and marketing or sales plans (collectively the "Confidential Information"). The Parties shall use Confidential Information only for the purpose of this Agreement. The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (a) is in the possession of the receiving Party at the time of its disclosure and is not otherwise subject to obligations of confidentiality; (b) is or becomes publicly known, through no wrongful act or omission of the receiving Party; (c) is received without restriction from a third 9 Government Contract party free to disclose it without obligation to the disclosing Party; (d) is developed independently by the receiving Party without reference to the Confidential Information; or (e) is require to be disclosed by statute, regulation, court or government order, or otherwise by law. 16. Order of Precedence. Customer's Solicitation for Cellular Phone Services and Nextel's proposal submitted in response to Customer's Solicitation are hereby incorporated by reference. In the event of an inconsistency or conflict between or among the provisions of this Agreement, the inconsistency or conflict shall be resolved by giving precedence to the following documents as follows: (i) this Agreement, including attachments; (ii) Nextel's proposal; and (Hi) Customer's solicitation. In the event of inconsistency among the main body of this Agreement and the Attachments, the order of precedence shall be the main body of this Agreement and the Attachments in alphabetical or numerical order. 17. Disputes. Any dispute arising between the Parties relating to this Agreement, which is not resolved by mutual agreement of the Parties, will be promptly submitted in writing to the other Party in accordance with the Notice requirements of the Agreement. The Parties shall designate individuals with authority to resolve the dispute and such individuals shall work diligently and in good faith to resolve the dispute within thirty (30) days. In the event the Parties are unable to resolve the dispute within thirty (30) days, either Party may refer the dispute to a court of competent jurisdiction or, if both Parties agree, to mediation, arbitration or other alternative dispute resolution method. Each Party shall continue to perform its obligations under the Agreement pending final resolution of the dispute. Except as otherwise provided under the Agreement, Customer and Nextel shall each bear its own costs and expenses incurred in connection with dispute resolution pursuant to this Agreement. In addition, Customer and Nextel shall share equally all third party costs in connection with any attempt to resolve disputes pursuant to this Agreement, unless otherwise agreed. 18. Assignment. Neither Party may assign this Agreement or any rights hereunder, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, except that Nextel may assign this Agreement to any parent, subsidiary or affiliate of Nextel or to any purchaser of I all or substantially all its assets upon written notification to Customer. Subject to the restrictions Agreement #N4005021405 contained herein, this Agreement shall bind and inure to the benefit of the successors and assigns of the Parties hereto. . 19. Independent Contractor. Nextel is and shall perform these services as an independent contractor and as such, shall have and maintain complete control over all of its employees, agents and operations. Neither Nextel nor anyone employed by it shall be, represent, act, purport to act or be deemed to be the agent, representative, employee or servant of Customer. The Parties understand and agree that this Agreement is not intended to create and does not create a joint venture, partnership, or agency relationship. Each Party shall be conclusively deemed to be an independent contractor and not under the control or supervision of the other Party, except as it pertains to the quality control over the use of the other Party's trademarks. 20. Governing Law. This Agreement shall be governed by the laws of the State of Illinois without regard to its choice of law principles. 21. Severability; Waiver: Headings. If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions will not be affected thereby. The failure of a Party to object to, or to take affirmative action with respect to, any conduct of the other Party which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach or of any future violation, breach, or wrongful conduct. Any waiver, in whole or in part, of any provision hereof shall not be construed as a waiver of any other provision hereof, or as a future waiver of any subsequent breach by a Party. The headings of sections of this Agreement are for the convenience of the Parties only and shall not be considered in any interpretation of this Agreement. 22. Notic~. All notices, requests, or other communications (excluding invoices) hereunder shall be in writing and either transmitted via overnight courier, facsimile with correct answerback, electronic mail, hand delivery or certified or registered mail, postage prepaid and return receipt requested to the Parties at the following addresses. Notices will be deemed to have been given when received. Customer: The Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Jeftf+-f\4af£~~ h: cf\f.¡jJgflsLf'v1.?JJgg~r 10 Government Contract Nextel: Nextel Communications 2001 Edmund Halley Drive Mail Stop A2-5 Reston, VA 20191 Attn: Rexford R. Gile, 3rd,CPCM, Senior Contracts Manager Customer shall ensure that a contemporaneous copy of all notices under this Section is sent to: Vice President & Assistant General Counsel - Public Sector, Nextel Communications, 2001 Edmund Halley Drive, Reston, VA 20191. 23. Publicity. Neither Party shall: (a) use any service mark or trademark of the other Party; or (b) refer to the other Party in connection with any advertising, promotion, press release or publication unless it obtains the other Party's prior written approval. 24. No Third Party Beneficiary. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to Nextel and Customer, and nothing contained in this Agreement shall give or allow, expressly or implicitly, any such claim or right of action to benefit any person who is not a named party to this Agreement to provide any third person on such Agreement, including but not limited to subcontractors, consultants, and suppliers. It is the express intention of Nextel and Customer that any party or person other than Nextel and Customer receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Agreement #N4005021405 25. Examination of Records. Nextel shall maintain in accordance with applicable law and generally accepted commercial standards all relevant records relating to this Agreement for a period of six (6) years following the date of acceptance of final payment under the Agreement. Upon reasonable prior written notice, Nextel shall make records relating to the Agreement available to Customer at Nextel's business offices during normal business hours for inspection, examination or audit. Further, due to the highly sensitive and proprietary nature of Nextel's records, any third party auditor acting on behalf of the Customer shall be subject to prior approval by Nextel and may be required at Nextel's sole discretion to execute Nextel's standard Non-Disclosure Agreement prior to examining, inspecting, copying or auditing Nextel's records. 26. Entire Agreement. This Agreement (and any Attachments and other documents incorporated herein by reference) constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written. Except as otherwise set forth herein, no amendment to this Agreement shall be valid unless in writing and signed by both Parties. Terms defined in the main body of this Agreement shall have the same meaning in the Attachments and visa versa. 11 Government Contract IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as of the Effective Date. The Village of Mount Prospect Nextel West Corp., d/b/a Nextel Communications By: By: Name: Name: H. Leon Frazier Title: Title: Vice President Date: Date: ]2 Agreement #N4005021405 Government Contract Attachment A Villaqe of Mt. Prospect, I L Units Phone Rate Plan Monthly Annual Style Rate Total 8473447486 190C National Team Share 600 $49.99 . $599.88 8474170050 1730 National Team Share Add-on $15.00 $180.00 8474170274 1530 National Team Share Add-on $15.00 $180.00 8474170350 Unknown National Team Share Add-on $15.00 $180.00 8474170776 1530BR National Team Share Add-on $15.00 $180.00 8474170795 1530 National Team Share Add-on $15.00 $180.00 8474173688 IM1100 National Team Share Add-on $15.00 $180.00 8474174408 1830SIL VER National Team Share 600 $49.99 $599.88 8474174409 1730 National Team Share Add-on $15.00 $180.00 8474174412 1530 National Team Share 600 $49.99 $599.88 8474174722 1530 National Team Share 600 $49.99 $599.88 8474174723 11000PLUS National Team Share Add-on $15.00 $180.00 8474561446 1830 National Team Share 600 $49.99 $599.88 8474561447 1830 National Team Share 600 $49.99 $599.88 8474561448 1730 National Team Share Add-on $15.00 $180.00 8474561449 160C National Team Share 600 $49.99 $599.88 8474563482 1830 Natiònal Team Share 600 $49.99 $599.88 8474563483 1830 National Team Share Add-on $15.00 $180.00 8474563484 160C National Team Share 600 $49.99 $599.88 8474563485 1530 National Team Share Add-on $15.00 $180.00 8474563486 1530 National Team Share 600 $49.99 $599.88 8474563487 1530 National Team Share 600 $49.99 $599.88 8474899813 190C National Team Share Add-on $15.00 $180.00 8474899814 1730R National Team Share 600 $49.99 $599.88 8475148047 1530 National Team Share Add-on $15.00 $180.00 8475610705 160C National Team Share Add-on $15.00 $180.00 8475610745 1530BR National Team Share 600 $49.99 $599.88 8475610754 1530 National Team Share Add-on $15.00 $180.00 8475610776 1730 National Team Share Add-on $15.00 $180.00 8475610834 1530 National Team Share Add-on $15.00 $180.00 8475610946 1730R National Team Share Add-on $15.00 $180.00 8475610996 11000PLUS National Team Share 600 $49.99 $599.88 8475611001 11000PLUS National Team Share 600 $49.99 $599.88 8475611072 160C National Team Share Add-on $15.00 $180.00 8475611086 160C National Team Share Add-on $15.00 $180.00 8475611097 160C National Team Share 600 $49.99 $599.88 8475611109 1730R National Team Share 600 $49.99 $599.88 8475611114 1530 National Team Share Add-on $15.00 $180.00 8475611116 1530 National Team Share Add-on $15.00 $180.00 8475611118 1530 National Team Share Add-on $15.00 $180.00 8475611134 1530 National Team Share Add-on $15.00 $180.00 8475611153 1530 National Team Share Add-on $15.00 $180.00 13 Agreement #N4005021405 Government Contract Units Phone Rate Plan Monthlv Annual Style Rate Total 8475611158 1530 National Team Share Add-on $15.00 $180.00 8475611194 1530 National Team Share Add-on $15.00 $180.00 8475611890 190e National Team Share Add-on $15.00 $180.00 8475612455 1530 National Team Share Add-on $15.00 $180.00 8475612726 190e National Team Share 600 $49.99 $599.88 8476522426 11000PLUS National Team Share Add-on $15.00 $180.00 8476522428 11000+BNEW National Team Share 600 $49.99 $599.88 8476522430 11000PLUS National Team Share Add-on $15.00 $180.00 8477741909 160e National Team Share Add-on $15.00 $180.00 8477744279 1530 National Team Share 600 $49.99 $599.88 8477744455 190e National Team Share Add-on $15.00 $180.00 8477744726 1530 National Team Share Add-on $15.00 $180.00 8477746895 1530 National Team Share Add-on $15.00 $180.00 8478151124 11000PLUS National Team Share Add-on $15.00 $180.00 8478330636 1830SIL VER National Team Share 600 $49.99 $599.88 8478750862 1530 National Team Share Add-on $15.00 $180.00 8478750863 1700PLUS National Team Share Add-on $15.00 $180.00 8478750871 1530YELLOW National Team Share Add-on $15.00 $180.00 8478750883 1700PLUS National Team Share Add-on $15.00 $180.00 8478750886 1700PLUS National Team Share Add-on $15.00 $180.00 8478750894 1530 National Team Share Add-on $15.00 $180.00 8478750921 11000PLUS National Team Share Add-on $15.00 $180.00 8478750923 1530 National Team Share 600 $49.99 $599.88 8478750985 1530 National Team Share 600 $49.99 $599.88 8478750989 1530 National Team Share 600 $49.99 $599.88 8478755478 11000PLUS National Team Share Add-on $15.00 $180.00 8478780624 1530BR National Team Share 600 $49.99 $599.88 8478781584 1530BR National Team Share Add-on $15.00 $180.00 8478781589 1530BR National Team Share Add-on $15.00 $180.00 8478781725 1530BR National Team Share Add-on $15.00 $180.00 8478781900 1530 National Team Share Add-on $15.00 $180.00 8478781925 i530 National Team Share Add-on $15.00 $180.00 8478781930 i530 National Team Share Add-on $15.00 $180.00 8478781933 i530 National Team Share Add-on $15.00 $180.00 8478781934 i530 National Team Share Add-on $15.00 $180.00 8478781935 i530 National Team Share 600 $49.99 $599.88 8478781936 1730 National Team Share 600 $49.99 $599.88 8478781937 i530 National Team Share Add-on $15.00 $180.00 8478781962 155SR National Team Share 600 $49.99 $599.88 8478781963 i530 National Team Share Add-on $15.00 $180.00 8478781967 11000PLUS National Team Share Add-on $15.00 $180.00 8478781971 1830SIL VER National Team Share 600 $49.99 $599.88 8478781972 1730R National Team Share 600 $49.99 $599.88 8478781978 i530 National Team Share 600 $49.99 $599.88 8478781979 1730R National Team Share 600 $49.99 $599.88 14 Agreement #N4005021405 f' Government Contract Units Phone Rate Plan Monthly Annual Style Rate Total 8478781980 1530 National Team Share 600 $49.99 $599.88 8478781993 160C National Team Share Add-on $15.00 $180.00 8478784200 1700PLUS National Team Share Add-on $15.00 $180.00 8478786228 1730R National Team Share Add-on $15.00 $180.00 8478786718 1530 National Team Share 600 $49.99 $599.88 National Team Share 600 . $49.99 $599.88 8478786914 1530 8479801081 11000PLUS National Team Share Add-on $15.00 $180.00 8479801496 1730 National Team Share Add-on $15.00 $180.00 8479801523 1730 National Team Share 600 $49.99 $599.88 8479801532 1530YELLOW National Team Share 600 $49.99 $599.88 BAN# 157600518 18% Rate Plan Discount 39% Handset Discount NPP 20% Accessory Discount MSRP 15 Agreement #N4005021405