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RESOLUTION TO AUTHORIZE • SETTLEMENT OF 800 MHZ CONTRACT DISPUTE WHEREAS, the City of Charlottesville is a member of the Charlottesville - University of Virginia -Albemarle County Emergency Communications Center ("ECC"); and WHEREAS, as a member of the ECC, the City is a party to the 800 MHz Public Safety Radio System Agreement dated December 31, 2002, together with the County of Albemarle and University of Virginia, and Motorola, Inc.; and WHEREAS, on behalf of the County, City and University, the ECC accepted and took possession of the 800 MHz radio communications system on June 30, 2006, and authorized final payment to Motorola at that time; and WHEREAS, Motorola filed a claim under the Agreement seeking compensation for certain amounts that were withheld by the ECC under the Agreement; and WHEREAS, the parties have reached a tentative agreement settling all matters remaining in dispute between the parties, and such agreement is subject to the approval of the governing bodies of the County, City of Charlottesville and University of Virginia; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of • Charlottesville, Virginia hereby approves an agreement with Motorola under the following terms and conditions: 1. The ECC agrees to pay Motorola the sum of $290,000 as full and final payment under the 800 MHz Agreement within thirty (30) calendar days of the effective date of the Agreement. 2. Motorola agrees that, within twenty (20) business days of receipt of the payment referenced in paragraph 1 above, it will deliver the following equipment in new, unused condition, and with full applicable warranties, to the ECC, at no additional charge: a. Sixty (60) Motorola XTS5000 Model II Digital Portable Radios with Impres Battery, Model Number H18UCF9PW6AN with SmartZone software and configured, equipped, and flashed identically to the ECC's existing XTS5000 Model II radios. Codeplug installation shall be defined at time of shipment; b. Ten (10) Motorola Impres Multi -Unit Chargers with Display Modules, Model Number WPLN4130A; and c. Six (6) Motorola Digital XTL5000 W7 Digital Consollette Radios with SmartZone software and configured, equipped, flashed and programmed identically to the ECC's existing Consollette radios.