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HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_2/3/2020Agenda Item #1. Workshop STAFF MEMO Meeting: Workshop - Feb 03 2020 Staff Contact: Gus Medina, Police Chief Department: Police ITHMUM Discuss North County Communications Center Partnership The North County Communications Center (North Comm) is communication center comprised of five (5) northern Palm Beach County municipalities. North Comm provides communication services for Jupiter Inlet Police Department, Jupiter Police Department, Juno Beach Police Department, Palm Beach Gardens Police Department, and North Palm Beach Police Department. Becoming a member of North Comm would allow the Tequesta Police Department to directly communicate with the law enforcement agencies along Tequest'a incorporated border. Direct communication with Tequesta's neighboring law enforcement agencies, would allow for a more efficient and effective proactive police department. A partnership with North Comm would also save the Village a substantial amount of money over 5 years. NAr)tnrnla 1 New Console Citation Comm Quote NorthComm - Memo Tequesta Police Department, FL - OneSolution RMS, Mobiles Add on to PBG ... Radio Maintenance Page 3 of 111 Agenda Item #1. 357 Tequesta Drive Tequesta, Fl. 33469 Village of Tequesta Police Department 561-768-0500 www.tequesta.org Police Chief Gus Medina To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manager r,, � From: Gustavo Medina, Chief of0li Date: September 25, 2019 Subject: Motorola Service Agreement 10/1/19 — 9/30/20 The Tequesta Police Department's current service agreement with Motorola Solutions will expire 9/30/2019. The new service agreement is scheduled to start on 10/1/2019. The service agreement will cover portable and mobile radios as well as the dispatch consoles for a period of one year. Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Laurie Brandon Council Member Vince Arena Council Member Kyle Stone Village Manager Jeremy Allen Page 4 of 111 Agenda Item #1. MOTOROLA SOLUTIONS 1299 E Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Date: 01-FEB-2019 Company Name: Tequesta, Village Of Attn.: Billing Address: 357 Tequesta Dr City, State, Zip Code: Tequesta, FL 33469 Customer Contact: James McGrew Phone: 561-768-0522 SERVICE AGREEMENT Contract Number: USC000005313 Contract Modifier: R30-JAN-19 22:15:28 P.O.#: N/A Customer #: 1012622016 Bill to Tag#: 0001 Contract Start Date: 01-OCT-2019 Contract End Date: 30-SEP-2020 Payment Cycle: MONTHLY Currency: USD QTY MODEL/OPTION SERVICES DESCRIPTION MONXT LY EXTENDED AMT " *'* Recurring Services *"** $1,419.60 $17,035.20 Sub Total $1,4%60 $17,035.20 Taxes $0.00 $0.00 SPECIAL INSTRUCTIONS -ATTACH STATEMENT OFWORK FOR PERFORMANCE Grand Total $1,419.60 $17,035.20 DESCRIPTIONS THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING SERVICE AGREEMENT TO COVER 2 MCC5500 CONSOLES, 29 JURISDICTIONS WHERE APPLICABLE, TO BE SOLUTIONS VERIFIED BY MOTOROLA APX6000 PORTABLES, 10 APX6500 MOBILES, AND 3 APX7500 CONSOLETTES. FNE SERVICES INCLUDE DISPATCHING, TECHNICAL SUPPORT, INFRASTRUCTURE REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONES, AND NETWORK PREVENTATIVE MAINTENANCE. SUBSCRIBERS HAVE LOCAL RADIO COMBO SERVICE WITH PICK UP AND DELIVERY. I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terns and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. b e C(PRINT NAME) rn U) 66�, fyD,-� (f M R OLA REPRESENTATIVE (SI NATURE) TITLE DATE CYNTH IA MARKES MOTOROLA REPRESENTATIVE (PRINT NAME) 954-520-8868 PHONE 1 Page 5 of 111 Agenda Item #1. Customer Name: Village of Tequesta Effective Date: 10/1/2019 Contract Number: USC000005313 Site ID Number: A05981 D27 QTY Equipment Description Covered 2 MCC5500 Consoles 29 APX6000 Portables 10 APX6500 Mobiles 3 APX7500 Consolettes Subscribers include Local Radio Combo with P&D and Annual PM Check Page 6 of 111 Agenda Item #1. Customer Name: Village of Tequesta PD Start Date: 10/1/2019 Contract Number: USC000005313 QTY Model Type Serial 1 APX7500 Consolette 761 CQK0514 2 APX7500 Consolette 761 CQK0515 3 APX7500 Consolette 761 CQK0516 1 APX6500 527CQK1574 2 APX6500 527CQK1575 3 APX6500 527CQK1576 4 APX6500 527CQK1577 5 APX6500 527CQK1578 6 APX6500 527CQK1579 7 APX6500 527CQK1580 8 APX6500 527CQK1581 9 APX6500 527CQK1582 10 APX6500 527CQK1583 1 APX6000 481 CQK4378 2 APX6000 481 CQK4379 3 APX6000 481 CQK4380 4 APX6000 481 CQK4381 5 APX6000 481 CQK4382 6 APX6000 481 CQK4383 7 APX6000 481 CQK4384 8 APX6000 481 CQK4385 9 APX6000 481 CQK4386 10 APX6000 481 CQK4387 11 APX6000 481 CQK4388 12 APX6000 481 CQK4389 13 APX6000 481 CQK4390 14 APX6000 481 CQK4391 15 APX6000 481 CQK4392 16 APX6000 481 CQK4393 17 APX6000 481 CQK4394 18 APX6000 481 CQK4395 19 APX6000 481 CQK4396 20 APX6000 481 CQK4397 21 APX6000 481 CQK4398 22 APX6000 481 CQK4399 23 APX6000 481 CQK4400 24 APX6000 481 CQK4401 25 APX6000 481 CQK4402 26 APX6000 481 CRM3438 27 APX6000 481CRM3439 28 APX6000 481 CRM3440 29 APX6000 481 CRM3441 Page 7 of 111 Agenda Item #1. Q M40rOROLA SOLUTIONS Call Center Operations 1-800-323-9949 Tequesta, Village of To Place a Service Call for the Radio System (excludes subscribers) Step What you need to do: Information to Provide 1 Call Motorola Call Center Operations 1-800-323-9949 use prompt # 1, then prompt # 7 2 Provide Your Customer Name Villa e of Te uesta 3 Type of Request "I would like too en a service call." 4 Provide System & Site ID# A05981 D27 5 Identify the Severity_Level See Severity Table below 6 Your Name and Telephone Number 7 Descri tion of the Problem/Failure As detailed as possible 8 Record the Service Case Number provided to you by Motorola Call Center Operations for service call trackin ur oses If on site support is required to resolve the service request, the Motorola call Center Operations will dispatch the appropriate local field service provider. To inquire on the Status of a Service Call..... 1 Call Motorola Call Center Operations 1-800-323-9949 2 Provide your "Customer" Name Village of Te uesta 3 Provide Type of Request "I would like to check on the staus of a service call." 4 The Service Case number assigned at the time the service call was opened. The number you documented in Step #8 SEVERITY LEVELS Severity & Response Times Level Response Definition Severity 1 2 Hour Response System/ Site down or extremely degraded Severity 2 4 Hour Response Degraded System/ Site Severity 3 1 Day Response Non emergency, non user effecting 4 Page 8 of 111 Agenda Item #1. Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no 5 Page 9 of 111 Agenda Item #1. obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non -performing party a written and detailed notice of the default. The non -performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non -performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 6 Page 10 of 111 Agenda Item #1. 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. 7 Page 11 of 111 Agenda Item #1. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010 0 Page 12 of 111 Agenda Item #1. 0 MOTOROLA Statement of Work On Site Infrastructure Response and Dispatch Service 1.0 Description of Services The Motorola System Support Center (SSC) will receive Customer request for service and dispatch a Servicer. The Servicer will respond to the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC will maintain contact with the on -site Servicer until System Restoral and Case is closed. The SSC will Continuously track and manage Cases from creation to close through an automated Case tracking process. This Case management allows for Motorola to provide Case activity reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Continuously receive service requests. 2.2. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.2.1. Characterize the issue. 2.2.2. Determine a plan of action. 2.2.3. Assign and track the Case to resolution. 2.3. Dispatch a Servicer as required by Motorola standard procedures and provide necessary Case infonnation collected in 2.2. 2.4. Ensure the required personnel have access to Customer information as needed. 2.5. Servicer will perform the following on -site: 2.5.1. Run diagnostics on the Infrastructure or FRU. 2.5.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.5.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.6. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification in the Customer Support Plan required by section 3.2. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.9. Notify Customer of Case Status as defined required by the Customer Support Plan: 2.9.1. Open and closed; or 2.9.2. Open, assigned to the Servicer, arrival of the Servicer on -site, deferred or delayed, closed. 2.10. Provide Case activity reports to Customer. 3.0 Customer has the following responsibilities: 3.1. Contact Motorola, as necessary, to request service. 3.2. Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.2.1. Case notification preferences and procedure. 3.2.2. Repair Verification preference and procedure. Page 13 of 111 Agenda Item #1. 0 MOTOROLA 3.2.3. Database and escalation procedure forms. 3.2.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.3. Provide the following information when initiating a service request: 3.3.1. Assigned System ID number. 3.3.2. Problem description and site location. 3.3.3. Other pertinent information requested by Motorola to open a Case. 3.4. Allow Servicers access to Equipment. 3.5. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.5.2. 3.6. Maintain and store in an easily accessible location any and all Software needed to Restore the System. 3.7. Maintain and store in an easily accessible location proper System backups. 3.8. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.9. Verify with the SSC that Restoration is complete or System is fimctional, if required by Repair Verification preference provided by Customer in accordance with section 3.2. 3.10. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. 10 Page 14 of 111 Agenda Item #1. ® MOTOROLA Severity Definitions Table Severity Level Problem Types Severity 1 ■ Response is provided Continuously ■ Major System failure ■ 33% of System down ■ 33% of Site channels down • Site Environment alarms (smoke, access, temp, AC power. ■ This level is meant to represent a major issue that results in an unusable system, sub -system, Product, or critical features from the Customer's perspective. No Work -around or immediate solution is available. Severity 2 X Response during Standard Business Day ■ Significant System Impairment not to exceed 33% of system down ■ System problems presently being monitored ■ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub -system, product, or major non -critical features from a Customer's perspective Severity 3 0 Response during Standard Business Day ■ Intermittent system issues ■ Information questions ■ Upgrades/Preventative maintenance ■ This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Response Times Table (Customer's Response Time Classification is designated in the Service Agreement) Severity Level Premier Regular Response Time Response Time Severity I Within 2 hours from receipt of Within 4 hours from receipt of Notification Notification Continuously 24 x 7 Standard Business Da Severity 2 Within 4 hours from receipt of Within 4 hours from receipt of Notification Notification Standard Business Day Standard Business Da Severity 3 Within 24 hours from receipt of Within 24 hours from receipt of Notification Notification Standard Business Day Standard Business Da 11 Page 15 of 111 Agenda Item #1. 0 MOTOROLA Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 25 6.x, SrnartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two - Way. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2,6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre -defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure forms. 3.1.2. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on -site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 12 Page 16 of 111 Agenda Item #1. 0 MOTOROLA 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 E Response is provided Continuously ■ Major System failure ■ 33% of System down ■ 33% of Site channels down ■ Site Environment alarms (smoke, access, temp, AC power. ■ This level is meant to represent a major issue that results in an unusable system, sub -system, Product, or critical features from the Customer's perspective. No Work -around or immediate solution is available. Severity 2 ■ Response during Standard Business Day ■ Significant System Impairment not to exceed 33% of system down System problems presently being monitored ■ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub -system, product, or major non -critical features from a Customer's perspective Severity 3 ■ Response during Standard Business Day ■ Intermittent system issues ■ Information questions ■ Upgrades/preventative maintenance ■ This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity I Within 1 Hour from receipt of Notification, Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Da 13 Page 17 of 111 Agenda Item #1. 0 MOTOROLA Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair with Advanced Replacement is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer -modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO or select third party FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Select third party FRU may ship second day air via Federal Express Priority Overnight or UPS red as noted in the attached exhibit(s). Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfiunctioning FRU. The Customer's malfimctioning FRU will become property of IDO or select third party and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. 2.7.5. Perform a System Test on select Infrastructure. 14 Page 18 of 111 Agenda Item #1. 0 MOrOROLA 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre -diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re -program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non - Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perforrn all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 15 Page 19 of 111 Agenda Item #1. 0 MOTOROLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: l . All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WINS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In -Car Video equipment. 7. Test equipment. 8. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades. 16 Page 20 of 111 Agenda Item #1. 0 MOTOROLA Console Only Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes Card Cages Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub, Base Interface Module (BIM), Console Operator Interface Module (COIM), Operator Interface Module (OMI). Excludes all other technologies see SOW specifically for NICE logging recorders Central Electronic Shelf (CES) Included Computer(s) Includes computers that directly interface with CEB. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386,486 computers. Defective or phosphor -burned cathode ray tubes CRT(s) and bumed-in flat panel display image retention. Console(s) Includes consoles (CormnandSTAR, CommandSTAR lite, Centracom Gold Elite MCC7500, MCC7500 w/ VPM, MCC5500, MIP5000, MC 1000, MC2000, MC2500, MC3000) as part of complete communication System — Including headset jacks, dual footswitches, and gooseneck microphones and Console Interface Electronics. Excludes cables Console Audio Box (CAB) Included Dictaphones, Logging Recorders and Recording Excludes all technologies Equipment see SOW specifically for NICE logging recorders !unction Box Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes an on -site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and bumed-in flat panel displays image retention as well as monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Site Frequency Standard(s) Includes Netclocks systems Excludes MFS -Rubidium Standard Network Time and Frequency devices UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on -site services. 17 Page 21 of 111 Agenda Item #1. ® MOTOROLA Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. 18 Page 22 of 111 Agenda Item #1. 0 MOTOROLA Statement of Work Local Radio Combo Package OnSite Option — Pick up & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. 19 Page 23 of 111 Agenda Item #1. a) MOTOROLA SOLUTIONS Statement of Work Subscriber Preventative Maintenance (Local) 1.0 Description of Service: Subscriber Preventative Maintenance provides for one annual operation test to ensure the Customer's Equipment meets manufacturer's specifications. This service will be provided during Standard Business Days at the Servieer facility. This service covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Physically inspect the Equipment. 2.2 Remove any dust, and/or foreign substances from the Equipment. 2.3 Measure (original measurements and the adjusted measurements), record, align and adjust the following applicable Equipment parameters, to the frequency and modulation outlined in the Rules and Regulations of the Federal Communications Commission (FCC): 2.3.1. Receive frequency 2.3.2. Transmit frequency 2.3.3. Deviation 2.3.4. Transmitter power 2.3.5. Reflected power in antenna line (mobile antennas only) 2.3.6. Receive sensitivity 2.3.7. Audit output levels 3.0 Customer has the following responsibilities: 3.1 Provide preferred schedule for Subscriber Preventative Maintenance to Motorola. 3.2 Contact the Servicer prior to Equipment being brought in for service. 3.3 Deliver portable Equipment and/or drive vehicles with mobile Equipment to Service 20 Page 24 of 111 Wily iLkLm1 1 1 ft 1. O o 0 0 0 0 0 o LO 0 o LO LO O o 0 o LO O LO ��l • ., a7 LO r O M I- LO 00 N O) r r O N N I- r O Q V W W M r N W 'I-M M CO N 0W MO of O of G d• V N IT O IT I- 'I- 1- O) O co N O O) r M a C N 0 O M 0 r ITr- O 0 M 0 W N 0 r � � r- r� V LO y U N M I- W N l.C) N V n Vi n X m P "4,ry P, . fi W a J45tP V.w y O O O O O O O O O O O O O O O O G 000000000 00000000 00000000 O O O O O O O 00 0 r D r r r r r r r r r r r r r r r r 0 0 0 O O O O O O O O O O O O O O 00, O O J 0 0 0 0 0 0 0 0 O O O O O O O O m m O O m 0 O O N IT N O w N I- 0 0 m 0 N N N O n O 1-- M N M O 0 N 0 W M 0 I- N N M O) M ti M O a7 O CO N CO CO CO LO O N O 1-0 W M 0 V I- N V O V 69 - - M v) N OC) O 69 M CO 69 69 N V N N 69 69 69 66, W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o- y O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m O Q W J LL Q. 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Z-° O O° 3 N N O ° W Z❑ 0U " 0 m M U) c 0 m 00 c o 3 N U o U Z °° C U LLI H> N ° ^ U o aof o a t O 0 CL OLu CL pEL 0 :E D a)U Q o m aN) m z o <U)> U)-0 � m E o m Un Ul ❑ -3° rn Q N Z M UU) z _0) °� 0 c rn m z _ ❑ to o a) m m o >, m >� D -° ° 3 m -° O O f LL o 0 LO E U� U) U) LL❑ m U) w U 0 ° o o E �, m Q E o N U- 0-- a) w�❑❑ N❑ Q LL ❑ U N U) E o > a) a) O U) 2 a)� Q LL 2 w w LL U 0 w m 0 U O a) m o m `m Q O 0) 4 N Q O of o OU (n >> (n H > LU H 0 } U) N i H N U) N r O U) D Q Q D❑ J Q � CY Y r of U M N N r z - d O Q U LL i N 0 N 1j z (J O O Z LL LL (1) O Z Df OY° m cNwa)Zn Y aNgy10 Ir >m LL N Y- of mU) LL ❑N2 3 I-L Irr m m m m D ❑ m 0 : � > U) U) U) �4 ODU)U)U)UnLLwU) 0- 0- YOOOw c 3 o LU ❑ ❑ ❑ ❑ U ❑ > U [l LL [l Z o a E u) -o U U U U U U U U U LL U m �n N 2 -0 N O ,N •• LL U U U U U U U LL U U Un U w O LL O 0 c� i U) <<<<<Q Q U) < 0 0 0 < a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ U) 2 LL r CYO 2 Q y 0 E )= Q N N N N N N N V r N N r M O r r r 7 73 7 7 7 a) r N M V LO CO r 00 U� ---- V- O r OD N () a s Ci Ci a COY = r r P n r7 n of 111 cn z 0 tU H Z_ H Z W 2 W tU Q J d W 0 0 Page 26 of 111 Agenda Item #1. 1wTATj%rJV KENWOOD Sprint10 \) COMMUNICATIONS AUTHORIZED SERVICE CENTER OMMUNICATIONS TWO-WAY RADIO SALES & SERVICE Village of Tequesta 345 Tequesta Drive Tequesta, Fl 33469 25 XG-75 Harris Portable Radio 3,691.42 PE Package includes: Radio Open -Sky, P-25 Trunking, P-25 Conventional, 2 batteries, Shoulder Mic, 2 Antennas, Leather Case, Belt Clip, Charger, Programming. 10 M7300 Harris Mobile Radio 4,555.23 Includes: Radio, Remote Head, Noise Cancel Mic, Install Kit, Antenna. Pricing Per Palm Beach County Bid# SB16C-25W Labor Bid# SB18C-35W If you have any questions please give me a call. Hugh Murrill Citation Communications 92,285.50 45,552.30 137,837.80 1855 Indian Road . Suite 207. West Palm Beach, FL 33409 Tel: 561-688-0330 • Fax: 561-683-2009 Page 27 of 111 Memo To: Jeremy Allen — Village Manager From: Brad Gomberg— IT Director CC: Honorable Mayor and Village Counci From an Information Technology perspective, joining the North County Communication Center offers the Village many potential benefits and little downside. Palm Beach Gardens will become our cloud hosting provider as we migrate away from our current, self -hosted software platform onto the PBGPD ONESolution (formerly OSSI) Record Management and Mobile system. The ONESolution software suite offers enterprise class features and will allow for seamless dispatch operation between NorthComm and Tequesta PD. As the Village will be configured as a sub -agency on Palm Beach Gardens PD's existing installation, we will only be responsible for purchasing and maintain the client software licensing. This allows us to utilize the software at a fraction of the cost normally required to obtain the ONESolution platform, and has an annual commitment that is significantly less then what we pay for our current software maintenance. In addition to the first year software cost, we will require an additional $5,000 to provide for assistance in the reconfiguration of Tequesta PD systems and incidental costs. We will work with PBG ITS to establish VPN connectivity and extend our network over existing connections and equipment, requiring no additional investment in hardware or services. Existing records will be migrated to our document imaging platform for archival and eDiscovery. I have highlighted some key points below. • Prior to FY 2021, IT will work with Palm Beach Gardens ITS to interconnect our networks via secured VPN and establish domain trust for user authentication. PBGPD will become our private cloud service provider. We will be utilizing their hardware and software platforms. Tequesta PD will operate as a tenant agency on the PBGPD ONESource installation. • Tequesta PD to review retention requirements and dispose of, or migrate approximately 80,000 existing SmartCop and USA Software case records to our Laserfiche document management system for archival, allowing for the decommissioning of those legacy systems. Page 28 of 111 Agenda Item #1. • First year IT expense of $61,680 is inclusive of all first year software maintenance and professional services required to get us up and running on the PBG system. It also includes $5,000 for vendor assistance and incidentals which is not part of the CentralSquare quotation. • Existing software maintenance cost is approximately $31,000 + 3% annually while ONESolution maintenance is $8,820 + 5% per year providing for an approximate annual savings of $22,000 for IT alone. Page 29 of 111 Agenda Item #1. o Wy W 0 0 0 E3 w r U) J H z W 0 vi a, O O O O O O O O O O O u O O O O O O O O O O O M 0 0 0 0 0 0 0 0 0 0 N NN a --I t-i Om lO M a, OD cr CCM � � G � C � E 1 C: a 0 .3 0 v - 0 ¢° o M a, 0 0 0 0 0 0 0 0 0 0 O U a, O O O O O O O O O O 3 �p� U C^ O O O O O O O O O O Q N N + cc O w I� N to ul � l0 to to UO U cn O �, a, l0 Ln N c-I w N N L N N J V U CL Q N LL X � J O _�� _ O ' d N M LL U r U Fu m 2 ai c O ai C f 0.� .2 + O O 3 O Y O aJ T N���r-1 M M M M w + N N N N O C ro 3 a cr O N 3 > O -0 M L N O > O v c ru L a, E � 3 Z 0 O O N3 N V U a, N r (6 Q a, ccam r G O cli t 7 N U O c *' cli U (n C ro J � ? ru ro C N CO Q U a, E + >. O GJ a a c U v `O N ro C O � 'p —N Q n iO _ N U p E = c E O O N J O �, .O 3 L, 72 U C +� ++ +' E aJ °p U a i a o a, v = v LU a` U o � Q M `p E a`) M Y LL c o c c c c O' L U M S O E L a, Qa, a, a, a, LO �, ao, La"G�j({ �i � v U U U U U a) i Lo u m T O a, = LL M LL 2 U U M M N �a C O LL O O O G1 E C C C C C C C C C LL N LL LO O O O O O O O O O cr Y C7 N N n O Y i 3 Ln V) Ln LO L° LO L) LO L) a, p a GJ 'C w w 6 w w w w w w w 7 3 v LnaQ, L 0 z z U z z z z z z z Ln cr m` M I 11 0 a 0 0 0 0 0 0 0 0 0 f6 0 O H OD LL O O O O O O O O O O Q O O4 CD c-i C C O O N c In c = O c a, c a, *' E E i go go a a N cn c� y r 2 2 c U -E v T U LA o o a a, _06 u ai M O O a, NZ y .Z, c ,A __bD u 3 c O H LO w LO i w M i LO Z z N d= a 0 0 0 Page 30 of 111 Agenda Item #1. �r o �000 3 0 N o II I o M io m a, u L M C O w O a` �o Y c a Y Y E c a c a a ca E E W U3 a d4 a d4 W (a n1 - M(ccO c c MY G G a J O za a a y 2 0 []LU d d Y Om F Q a a .- E E o bD M a Eaj G1 ai -0 a fC o ° E = al = U z E MO c c O c O W Z Y Y Y O u 7 O i w z w z w z OF N d a 0 0 0 \J 0 0 LnV) >> O o c N D % 0010 D 061w Ln u 3 O L a a s c E O L � � U a c a' E 5. M m 0. - m o 'u al N LL N C N L a 0 aj � 3 a o y 0 N N f0 E E O L � Lam+ fT0 r Q C TE Cc:o a o a Y 7 C C a U_ O C Gi C E v Y 76 a) t Y 0 a Vf U a 3 ai a M u U 7 O Q a -o d4 c C ai a Y O Q Q Ln N c n3 a L a N a U c C a c M 2 a OD a Page 31 of 111 Agenda Item #1. 0 WU) W M C7 d 0 o_ 2 L] ON W F 94 Z W U C 6 C o O L O Q) O O -6 U U Y a) Y w Yum - a) ON a) O O N Q m a) > 0 3 v_si N j of a) E 6' m O� E a) C s Y m U N 4J a) a) N "6 a) aJ H vi U _O O E YO O O N Y O a n 7 m U E m N U U C a) E E X O M O E m U L p a) m O a, T v >, > O L Y 0 3 E u m °' o a) E Y O c m p Q Q O a1 n r m In a) a) U m c a "6 O a) C s O 3 C O t Y Y 6' QJ > m 7 m N C @ N *' t Q p C 3 N T <n N bo > ca Q m Q O O Q a T a) O cLi Y a) C b)o C m o a) m a Q Ln U U a) ^ > c m U = s Q p 3 o v �n a) ba Y L O C > U U m — L 3 Q v v O m r s o_ E C E s Y O_ O" o b'0 c cTa U O m 0-E t a) m m Y Q1 U > m Y m '6 E Y Y O m N E pi m a) E CT E E 2 ao U v � M E a 3 u = v v a) a ¢ O X a) a) > v 3 E a) b v Y � v E U O `n v X a) v L to C to Y C '— m a) _6 N cmi t O b0 w -6 a) m Et O X a) Q Y Y h m E N E U p m b0 Y a) O O bo a) O bo "= a) a O C m Q O Q (a Y Q O L v L O U U L to Y m Y to L N T N 0 > Y a C }+ N N t a1 _ — m O "6 6 O E O 6- o +L.+ t v C U m E� T n " 4 Q v L m o W E m � U Q ,t, au) t — Y O N,� Y C a)U s U C a) Q N N m v p O "6 "06 N +' -tea -6 N ig -E6 3 3 o N bbo N > U aj m Y C p a) m o a1 > 3 to n n n E ai C a1 Y CM:v m v 3 o C o m p a)o N c "6 m m Q m O b0 O > -FuO C O Y a) m C i m Q S In 0 0 ai 3 v m o v to E y m m y � w Y E Y N N bo m N o E p� i n E x C Q H m Y U m m 0-U O a) H C o aYLi ;° v� O U ai n Y bp is C X a) Y U m U m b0 (a N N C N U S T C LL L O am+ S a) Q O m b0 C a) C a Y t Q-0 Q a U v Q U O a 6 7 Page 32 of 111 Agenda Item #1. o N u U U CD f6 � d C N U N a Q C N U H U C O 7 O N w Z O U +0 (10 a N 76 c v U H U C O 7 O N w Z O N fu O O ai t Y N U C u U 7 O 0- a) N 0 O Wy W M L G i J a O = L 2 � L] W 76 J "O ov M U f0 E U w z N O O N W =Z v O u bo U LU LO Z N ` Q a O OF `�� Page 33 of 111 Agenda Item #1. Meeting Date: Agen a t 3 Hvra PALM BEACH COUNTY.�A ��] BOARD OF COUNTY COMMISSIONERS (1J ~# AGENDA ITEM SUMMARY July 22, 2014 [X] Consent [ ] Regular [ ] Ordinance [ ] Public Hearing Department: Facilities Development & Operations_ I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve: an Interlocal Agreement with the Village of Tequesta ("Village) allowing for direct access to the County's 800 MHz Public Safety Radio System. Summary: This lnterlocal Agreement (Agreement) provides the terms and conditions under which the Village can directly access the County's 800 MHz Public Safety Radio System (Radio System). The terms of this Agreement are standard and have been offered to all municipalities and local branches of State/Federal agencies where connection through an established municipal hub is not technically feasible. Since 2003, the Village's Police Department has been interoperable with the County's System through a talk group agreement The Village recently upgraded its police communications equipment and has requested a direct access agreement. The Agreement requires that the Village pay a one-time $2,089/unit access or capacity charge as well as annual fees of $211.42/unit towards the renewal and replacement fund and $154.00/unit towards maintenance and operation of the system infrastructure. The annual fees are consistent with those being charged to the County departments. The Village is required to pay all costs associated with Village's subscriber units and to comply with the established operating procedures for the System. The Village will assign representatives to participate in user committee meetings to discuss system maintenance and administration issues. The term of the Agreement is for five (5) years with two (2) renewal options, each for a term of four (4) years. The Agreement may be terminated by either party, with or without cause on October I' of any year, with a minimum of six months notice. (ESS) Countywide (JM) Background and Justification: The County installed its Public Safety Radio System consistent with the concept set forth by the 1995 CJC approved Law Enforcement Countywide Communications Plan. It was designed so that other agencies would achieve interoperability via one of two methods; a municipal regional radio hub ("Hub") or by directly accessing the County system. The preferred method for connecting to the Public Safety Radio System is through the Hub since the Hub's radio capacity is not on the County's system. However, there are some circumstances where connection via a Hub is not possible, or desired by a municipality. Attachments: Interlocal Agreement Recommended By: Approved By: County Administrator -0/o Date Page 34 of 111 Agenda Item #1. Ii. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years Capital Expenditures Operating Costs External Revenues Program Income (County) In -Kind Match (County NET FISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative) 2014 2015 2016 2017 2018 ($85,904.70) ($12,789.70)_ ($12,789.70) ($12,789.70) ($85,904.70) ($12,78.9.74) ($12,789.70) ($12,789.70) Is Item Included in Current Budget: Yes No Budget Account No: Fund 0001 Dept 410 Unit 4150 Revenue Source 4901 (5,390.00) Fund 3801 Dept 411 Unit B209 Revenue Source 3728 _($80,514.70) B. Recommended Sources of Funds/Summary of Fiscal Impact: 6�{L c C. Departmental Fiscal Review: A. OFMB Md/orContract Development Comments: [ l °14"I'Ij OFMB tract v pment an n o 7 B. gal Sufficiency: sistant County Xtuiney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. Page 35 of 111 Agenda Item #a . WTERLOCAL AGREEMENT THIS IN Tjr1�Qj'„P�L AGREEMENT ("Agreement") is made and entered into on J, Z LUl4, by and between Palm Beach County, a political subdivision of the State of Florida ("County") and Village of Terluesta, a municipal corporation of the State of Florida ("Participant"). WTTNESSETH WHEREAS, the County and the Participant are continually identifying more effective service delivery methods which result in overall savings to the taxpayers of the County and the Participant; and WHEREAS, the County has purchased, designed, installed, and operates a Public Safety Trunked Radio System that supports the needs of the Palm Beach County Sherifrs Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Medical Services, and various Palm Beach County general government agencies; and WHEREAS, the County and the Participant have determined that the ability to provide interoperable communications is critical to the effective and efficient provision of public safety and general government services; and WHEREAS, it has been determined to be mutually beneficial to both Parties to execute this Agreement which sets forth the parameters under which the Participant can directly access the County's Radio System saving the taxpayers money of both the County and the Participant as wel I as the opportunity to receive the public safety benefit of interoperability; and WHEREAS, connection to the County's System through a Municipal Hub is not technically feasible; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Agreements to jointly exercise any power, privilege or authority which such agencies share in common and which each [night exercise separately; NOW 'THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: SECTION 1: PURPOSE AND DEFiNMONS 1.01 The purpose of this Agreement is to set forth the parameters under which the County will make access to its Public Safety Trunked Radio System ("System') available to the Participant. This Agreement identifies the conditions of use, the cost of access and on- going use, and the ability of the Participant to participate in the operational decisions relating to the Public Safety Radio System. Page 1 of 13 Page 36 of 111 Agenda Item #1,. 1.02 Definitions 1.021 Common Countywide Talk Groins: Talk groups established on the County's System that are made available to County agencies, municipalities and other non -County agencies. 1.022 ParticipantEquipment: Also known as "agency radios," are Participant owned 800 MHz handheld and mobile radios and control stations that have the ability to be programmed and used on the County's System. 1.023 Microwave System- A communications system utilizing frequencies in the microwave range to route audio and control signals between sites in a multi -site communications system. 1.024 Prime Site: The location of the County's SmartzoneTM Controller. 1.025 SmartZone Controller: The SmartZone Controller is the central computer that manages and controls the operation of the System. The SmartZone Controller manages access to System features, functions, and talk -groups. 1.026 stem: The Public Safety Trunked Radio System funded, purchased, installed, maintained and owned by the County. The System includes fixed transmitting and receiving equipment, a microwave system for communications between sites, System control and management equipment, dispatch consoles, a SmartZone controller located at the prime site and other related equipment. 1.027 System Administrator: An employee within the Electronic Services & Security Division of the Facilities Development & Operations Department with the title Radio System Administrator who is responsible for day to day administration and management of the System and the County's designated contact person pursuant to various sections of this Agreement. SECTION 2: ADMINISTRATION OF THE COUNTY'S PUBLIC SAFETY RADIO SYSTEM AND USAGE PROCEDURES 2.01 The Palm Beach County Electronic Services & Security Division is charged with responsibility for administering the System. The Public Safety Radio System Administrator will be the Participant's day to day contact and can be reached at 561-233- 0837. The Electronic Services & Security Division is staffed from 8.00 a.m. to 5:00 p.m., Monday through Friday, excluding County holidays. After hours emergency contact will be made through the County's Emergency Operations Dispatch Center at 561-712-6428 and the appropriate contact will be made. 2.02 The Network Administration Plan as identified in Attachment I, is to identify the general procedures for the management of the System and procedures for input into operating and Page 2 of 13 Page 37 of 111 Agenda Item #1. technical policy development. The plan established the Countywide Radio Steering Committee (CRSSC), who is responsible for overseeing and implementing the policies and procedures for the System. 2.021 The CRSSC is supported by User Committees in each discipline utilizing the System. The Participant shall assign representatives to attend User Committee meetings for each of the law enforcement, fire -rescue, and public works disciplines for which the Participant has subscriber units programmed on the System. Participants at these meetings will discuss all System maintenance and administration issues. As agreed to by the User Committee members, issues discussed and approved at the meetings shall be forwarded to the Network Administrator and/or the CRSSC for final approval and implementation. 2.03 The Participant shall follow all policies and standard operating procedures in place at the time of this Agreement, a list of which are included in Attachment 1, as well as those developed in the future and issued to the Participant by the System Administrator. The Participant agrees to comply with any enforcement actions required by these policies and procedures for misuse or abuse of the System. SECTION 3: 800 MHz AND MICROWAVE SYSTEM MAINTENANCE AND REPAIR PROGRAM 3.01 The County Public Safety Trunked Radio System and Microwave System consists of ten (10) transmit and receive sites with co -located microwave equipment and three (3) microwave only sites that provide network connectivity as well as the ability to interconnect with co -located County owned dispatch equipment. 3.02 The County will perform routine and preventative maintenance on the System according to its established procedures. This maintenance includes trouble shooting and making all repairs on a 24/7/365 basis as well as performing preventive maintenance on the System including, but not limited to, radio and microwave equipment, control/management and alarm systems, towers and equipment shelters and backup power generators and air conditioners. Neither this maintenance nor the annual System maintenance charge includes dispatch consoles. The Participant will pay the County an annual charge of $154.00 per unit for maintenance of the System. The annual cost of maintenance will be reviewed every three (3) years starting January 3, 2015 and may be adjusted for the following fiscal year by notice to the Participant no later than April 1st, by the County's Facilities Development & Operations Department. In any case, the cost of maintenance to the Participant shall be equal to that charged to a County Department. 3.03 In the event of termination of this Agreement by County and with no fault of the Participant, the Participant shall be reimbursed the pro rate share of maintenance fees based on the date of termination. In the event of termination by the Participant, no maintenance fees will be reimbursed. Page 3 of 13 Page 38 of 111 Agenda Item #1. SECTION 4: PARTICIPANT RESPONSIBILITIES AND EQUIPMENT 4.01 The Participant's Equipment will be 800 MHz mobile, portable, and control station equipment programmed to be used on the System. The equipment used will be compatible with Motorola 800 MHz SmartZone communication systems. Equipment other than that manufactured by Motorola shall be approved by the System Administrator prior to purchase by the Participant. The Participant will be required to keep its equipment in proper operating condition and the Participant is solely responsible for maintenance of its radio equipment. 4.02 Within 15 days of execution of this Agreement, the Participant is to provide the County with a single Participant Representative who is the Participant's single point of contact for matters relating to this Agreement. 4.03 Within 15 days of the execution of this Agreement, the Participant is to provide the County with a list of persons/positions, which are authorized to request programming changes to existing units or new units, No programming will be undertaken by the Participant until requested and approved in writing by the System Administrator. 4.031 The Participant will only program the Common Talk Groups into its radio that are authorized by the County to the Participant for its use. The Participant shall not program talk groups of other agencies into its radios without a letter of authorization or a signed agreement from the County. The System Administrator shall be provided with all such authorization letters from cities. 4.032 The Participant will be required to program the Common Countywide Talk Groups which reside on the System for use by the Participant for interagency communications into its radios. The calling talk groups, in addition to one operational talk -group for the applicable discipline shall be required as a minimum. The Participant may include Common Talk Groups as necessary to meet their operational' requirements. These talk groups shall be in addition to the mutual aid channels required by the Florida Region Plan, 4.033 The Participant may request the use of encryption, but the utilization of such capabilities is only for covert use and not for daily dispatch communications. The County will assign digital ID's in an amount equal to 10% of the Participant's analog ID allocation. The Participant will be responsible to provide the County the Digital ID assignments as required by Section 4.07. Should the Participant require access to the encrypted talk -groups by their dispatch center they will need to allow the "Key Loading" of the Participant's encryption code into the System by the County or its service provider. 4.034 If regionalized "Hub" systems are added to the System and if required to maintain capacity on the System, the Participant signing this Agreement may be requested to reassign their radios to one of the "Hub" systems. If the Participant is requested to be reassigned, the Participant shall agree to reassign their radios to the Hub providing that Page 4 of 1:3 Page 39 of 111 Agenda Item #1.. the County maintains the equivalent radio coverage within the Participant's boundaries and County pays to reprogram the Participant's radios. 4.04 The Participant shall receive certain access codes to the System and shall be responsible to safeguard the code information from release to unauthorized parties. The Participant shall be responsible for notifying the System Administrator prior to, or within 2 hours of terminating employees or commercial service providers which had knowledge of the access codes so that the access codes can be modified and the System secured. 4.041 Service staff directly employed by the Participant shall be considered authorized to receive access and programming codes for the maintenance of the Participant's radio equipment. 4.042 Commercial service providers are not considered authorized to receive access or programming codes for the System. Agencies that plan to use commercial services for their subscriber maintenance must include confidentiality requirements in their contracts with the service providers. These requirements must be reviewed and approved (which approval will not be unreasonably withheld) by the System Administrator prior to the Participant executing its contract with a commercial service provider. 4.05 The Participant is solely responsible for the performance and the operation of the Participant Equipment and any damages or liability resulting from the use thereof. Should the County identify malfunctioning Participant Equipment; the County will request that the Participant discontinue use of the specific device until the repairs are completed. The County may, after proper written notification to the Participant and with the concurrence of the CRSCC, disable the equipment from the System if the device is causing interference to the System. In the case of lost or stolen equipment, the Participant will notify the System Administrator by e-mail or fax authorizing the System Administrator to disable the equipment. The Participant will provide the Radio ID number and the serial number of the radio. The System Administrator will advise back via e-mail when the radio has been disabled. A request by the Participant to re -activate a disabled unit will also be required by e-mail or fax to the System Administrator. 4.06 As of this time, the System does not support the use of roaming, private call, or telephone interconnect. In the future the County may activate some or all of these features should the loading of the System allow. The Participant will not program these features into the Participant's radios. If roaming, private call, and/or telephone interconnect are allowed on the System in the future, the Participant may, at its own expense, reprogram the Participant's radios. The County will provide an amendment to this Agreement defining the uses and required programming should these features become available on the System. 4.07 The Participant will be required to provide to the County an initial inventory of the radios that are proposed to be programmed onto the System. The Participant will provide the following information to the County, Page 5 of 13 Page 40 of 111 Agenda Item #1.. 1. Radio manufacturer and model numbers. 2. Radio serial numbers. 3. Requested aliases to be programmed. 4. List of programming changes requested. 5. Talk group required. 6. Common talk groups required. 7. Other agency talk groups required. The System Administrator will then compile this information and transmit back to the Participant a matrix of the approved talk groups, aliases, and radio ID numbers prior to the Participant's radios being programmed into the System. The Participant is responsible for adhering to the talk group and radio ID allocations established by the County. The County's talk group and radio ID allocations are on file with the County and available upon request. 4.08 Nothing in this Agreement shall represent a commitment by the County or shall be construed as intent by the County to fund any portion of the Participant's Equipment. SECTION 5: SYSTEM RENEWAL AND REPLACEMENT FUND 5.01 The County implemented an 800 MHz System Renewal and Replacement Fund ("Replacement Fund"). The purpose of this fund is to provide a structured "savings plan" by which the cost of the equipment renewal and replacement is prorated over the estimated life of the System and paid on an annual basis throughout that life. The Replacement Fund is used for replacement of dispatch consoles. The Replacement Fund may be used to expand the System as determined appropriate by the County, however the Replacement Fund will not be used to expand or add dispatch consoles. 5.02 The Participant shall pay the County $21I.42 per unit per year for the Replacement Fund. The annual Replacement Fund contributions may be reviewed every three (3) years starting January 3, 2015 and may be adjusted for the following fiscal year by notice to the Participant by the County's Facilities & Operations Department issued by April 1 '. In any case, the cost shall be equal to that charged to a County Department. 5.03 In the event of a termination of this Agreement by the Participant or the County, the Participant will not be reimbursed for any contributions to the Replacement Fund. SECTION 6: ONE TIME SYSTEM ACCESS CHARGE 6.01 The Participant will pay a one-time access charge for each subscriber unit on the System in the amount of $2089.00 per unit. Each subscriber unit added to the System will be charged the same amount at the time the unit is programmed for System access. The one- time connection charge may be reviewed every three (3) years starting January 3, 2015 and adjusted for the following fiscal year by notice to the Participant by the County's Facilities Development & Operations Department issued by April 1 ". In any case, the cost shall be equal to that charged to a County Department. Page 6 of 13 Page 41 of 111 Agenda Item #1. 6.02 In the event of any termination of the Agreement, the one-time access charges will not be reimbursed. SECTION 7: ANNUAL BUDGET INFORMATION INFORMATION TO BE PROVIDED 7.01 The County may review and update the fees and charges as identified in Sections 3, 5 and 6 once every three (3) years and transmit same to the Participant prior to April 1 4 for the following fiscal year beginning October 1 ". These revised fees and charges will be applicable for the upcoming fiscal year and will automatically become a part of this Agreement on October I" of the applicable year. 7.02 The Participant will be responsible for estimating the number of units which it will have on the System for the upcoming fiscal year and budgeting accordingly based on the fees and charges described in Section 7.01. In order to assist the Participant, the County will compile a list of the active radios that the Participant has on the System in the current year and will transmit information described in Section 7.01 for information purposes only. The Participant shall be responsible for budgeting for any additional radios that it proposes to add to the System in the current fiscal year. SECTION 8: BILLING SCHEDULE 8.01 Each November 15", the County will invoice the Participant for the number of radios that were on the System as of the prior September 300' using the per unit fees and charges described in Sections 3 and 5 of the Agreement. If the effective date of this Agreement is between November 15'h and September 300', the Participant will be charged pursuant to Section 8.02. 8.02 Any additional radios which the Participant requests to operate on the System will be charged fees for a full year pursuant to Sections 3 and 5, regardless of the time of the year that the additional unit is programmed into the System. 8.03 The County shall prepare and transmit a separate invoice for the one-time access charge pursuant to Section 6 of this Agreement within 10 days of the Participant's request for subscriber units to be programmed on the System. The Participant shall pay the one-time access charge at any time prior to October 15'h of each year, following the effective date of this Agreement. 8.04 upon receipt of any invoice, the Participant will immediately review same and report any discrepancies to the County within 10 days of receipt. Payment will be due to the County within 30 days of receipt of the invoice (except for invoices issued pursuant to Section 8.03). Page 7 of 13 Page 42 of 111 Agenda Item #1. Payment for all invoices shall be sent to: Facilities Development & Operations Fiscal Manager 2633 Vista Parkway West Palm Beach, FL 33411-5603 Attn: 800 MHz lnterlocal Agreement # , Invoice # SECTION 9: COUNTY RESPONSIBILITIES 9.01 The County shall be responsible for the maintenance and operation of the System as set forth in Section 3. The County shall notify the Participant Representative in advance of scheduled maintenance which impacts the users of the System and shall respond to emergencies in the time frames and according to the procedures identified. Routine maintenance that affects System coverage and/or capacity shall be attempted to be made during non -peak hours. 9.02 The County shall be responsible for all permitting, licensing, and fees associated with the operation of the System. 9.03 The County shall be responsible for the management of the Replacement Fund and, through same, responsible for the capital replacement or expansion of System equipment and infrastructure as set forth in Section 5. 9.04 The County shall maintain radio coverage within the Participant's municipal boundaries as described in the contract with Motorola throughout the term of this Agreement except for times of scheduled preventative maintenance, where it will be required to disable portions of the network for a pre -determined length of time or during times of System failures. 9.05 The County will provide notifications of System problems and time for System restoration to the Participant Representative within the time frames identified in Attachment 1. 9.06 The County shall be responsible for talk group and fleet mapping management in accordance with the procedures and policies identified herein. SECTION 10: INDEMNIFICATION AND LIABILITY The County makes no representations about the design or capabilities of the County's System. The Participant has decided to enter into this Agreement and use the County's System based on its review of the System design, System coverage, manufacturing and installation details contained in the County's contract with Motorola R98-2006D, dated 12101 /98 and review of any subsequent field measurements and testing data as may exist. The County agrees to use its best efforts to provide the Participant with the use of the System described in the Agreement, but makes no guarantee as to the continual, Page 8 of 13 Page 43 of 111 Agenda Item #1.. uninterrupted use of the System, or its fitness for the communication needs of the Participant. Participant shall, subject to the limits of liability set forth in Section 768.28, Florida Statutes, indemnify, defend and save County harmless from and against any and all claims, actions, damages, liability and expense in connection with: (i) loss of life, personal injury and/or damage to or destruction of property arising from or out of any use or lack thereof, of the County's System; (ii) use by Participant, or (iii) any act or omission of Participant, its agents, contractors, employees or invitees. In case County shall be made a party to any litigation commenced against Participant or by Participant against any third party, then Participant shall protect, defend and hold harmless and pay all costs and attorneys fees incurred by County in connection with such litigation, and any appeals thereof. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omission, and/or negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Neither the County nor the Participant shall be liable to each other or for any third party claim, which may arise out of the services provided hereunder or of the radio System itself, its operation or use, or its failure to operate as anticipated, upon whatever cause of action any claim is based. The System is designed to assist qualified law enforcement, fire, and other emergency service professionals. It is not intended to be a substitute for the exercise of judgment or supervision of these professionals. Both parties acknowledge that the responsibility for providing law enforcement, fire, or other emergency services rests with the agency which is providing such service and not necessarily either party to this Agreement. The terms and conditions of this Agreement incorporate all rights, responsibilities, and obligations of the parties to each other. The remedies provided herein are exclusive. The County and the Participant waive all remedies, including, but not limited to, consequential and incidental damages. SECTION 11: OWNERSHIP OF ASSETS All assets maintained under Section 4 of this Agreement will remain assets of the Participant at all times. Parts incorporated into assets owned by Participant will immediately become a part of the asset and will be the property of the Participant. All other assets involved in the System will remain the County's. despite the Participant's financial contribution to their maintenance, renewal and replacement. Page 9 of 13 Page 44 of 111 Agenda Item #1.. SECTION 12: TERM OF AGREEMENT The initial term of this Agreement is for five (5) years and shall commence immediately upon execution of this Agreement The Agreement may be renewed for two (2) additional terms of four (4) years each. At least eight (8) months prior to the expiration of this Agreement's term, the Participant shall provide the County with a request to renew this Agreement. Such renewal will require approval of both parties and the County may not unreasonably withhold its approval of the renewal. SECTION 13: AMENDMENTS TO THIS AGREEMENT This Agreement may be amended from time to time by written amendment executed by both the Board of County Commissioners and the Participant Council. SECTION 14: TERMINATION This Agreement may be terminated by either party, with or without cause. Any termination shall be effective only on October to of any year and shall be with a minimum of six (6) months notice. In the event of termination, repayment of financial contributions, made by the Participant to the County System will be made according to the applicable sections of this Agreement SECTION 15: ANNUAL BUDGET APPROPRIATIONS The County's and the Participant's performance and obligations to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and the Participant's Council. SECTION 16: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and be delivered by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: County Administrator Palm Beach County 301 North Olive Avenue West Palm Beach, FL 33401 Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach, FL 33411-5603 Page 10 of 13 Page 45 of 111 Agenda Item #1. With copies to: Radio System Administrator 2601 Vista Parkway West Palm Beach, FL 33411 County Attorneys Office 301 North Olive Avenue West Palm Beach, FL 33401 As to the Participant -- Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 With copies to: Police Chief Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Corbett, White and Davis, PA I 1 i i Hypoluxo Road, Suite 207 Lantana, FL 33462 SECTION 17: APPLICABLE LAW This Agreement shall be governed by the laws of the State of Florida. SECTION IS: FILING A copy of this Agreement shall be filed with the Clerk & Comptroller, Palm Beach County. SECTION 19: ENTIRE AGREEMENT This Agreement and any Attachments attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between the County and the Participant concerning the System. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon the County or Participant unless reduced to writing and signed by them. Page 11 of 13 Page 46 of 111 Agenda Item #1. SECTION 20: DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of the County's or the Participant's officers. SECTION 21: PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2421 - 2-440, as may be amended. The Inspector General is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. SECTION 22: NO THIRD PARTY BENEFICIARY No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to thisAgreement, including but not limited to any citizen or employees of the County and/or Participant. Page 12 of 13 Page 47 of 111 Agenda Item,#1% IN Wn NOS WHEREOF, the parties have caused this Agreement to be exact ftd on the day and year first above written. ATTEST: SaARON R. BOCK CLERK & COMPTI By: —Deputy Clerkl/yV�•� y/vyr Ll3 *y7��_ _- APPROVED AS TO FORM AND LEG SUFFICIENCY. B� Attorney ATTEST. APPROVED AS TO AND LEGAL JWFFI R 2 D 14,I l o 3 7 ,pit. 2 z 2014 PALM REACH COUNTY, a political aldivis;on of the State of Florida zs By1�wiltai hylor, Maw yo� APPROVED AS TO TRIM AND C010](TIONS: By:A yj Audrby Wolf, Uinector Facilities Development & Operations VILLAGE OF TEQUESTA a municipal corporation of the State of Florida By- Pap 13 of 13 I'Waaa rb LT_w Village Manager Page 48 of 111 Agenda Item #1. Attachment I PALM BEACH COUNTY PUBLIC SAFETY RADIO SYSTEM POLICIES AND PROCEDURES June 2002 Policy 1 Procedure Title 1. Countywide Use of 800 MHz System (O.P. # 1-01) 2. Countywide Use of 800 MHz System Talk Groups (O.P. # 1-04) 3. Monitoring and Evaluation of Public Safety Radio System Talk Groups (O.P. # 1-05) 4. Emergency Medical Communications (O.P. # 1-06) 5. Reporting of Problems and Modifications of the Public Safety Radio System (O.P. # 1-07) Last Revision Date Oct. 1, 2001 Oct. 1, 2001 Oct. 1, 2001 Oct. 1, 2001 Oct. 1, 2001 6. Countywide Use of Public Safety Radio System During Times of Catastrophic Failure which result in non-trunking "conventional" operation (O.P. # 1-10) Oct. 1, 2001 7. Network Maintenance and Administration Plan June 6, 2002 Page 49 of 111