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HomeMy WebLinkAboutAgreement_General_09/28/2015 (2) Village of Tequesta Date: 9/3/2015 Purchase Order Requisition Date Purchase Order is Req'd: 10/1/2015 (Not a Purchase Order) Department: Police Req. #: Quotes Received: 1 (See Attached) Recommended Vendor: Vendor #: 00078 Vendors Bids Motorola Solutions 1 Motorola Solutions $14,289.12 Address. 8000 W. Sunrise Blvd. 2 City: Plantation 3 State & Zip: Florida 33322 Comments: Sole Sorce letter attached Manuf./ Available Balance Item Description Part# Qty. Unit Price Total Cost Account # (Finance Use Only) Service Agreement N/A 1 $ 14,289.12 $ 14,289.12 001 - 175 - 546.304 $ - $ - $ - Total: $ 14,289.12 Finance /Administrative Use Only: Department Head Signature Date: Finance Si nature: Date: Village Manager Approval. i� Date: Village Council Approval: Resolution`' #: Date: PO #: Processed By: Date: MOTOROLA SOLUTIONS September, 2015 Village of Tequesta Rick Ricciardi - Assistant Police of Chief 345 Tequesta Drive Tequesta FL 33426 Subject: Sole Source Maintenance Provider for Motorola Equipment component of Palm Beach County 800 MHz Radio System Dear Rick: Motorola Solutions, Inc. is pleased that you are interested in purchasing a Motorola Solutions Inc. Equipment Maintenance Contract on your newly acquired APX7500, APX6500 Mobile Two Way Radios, APX6000 Portables, and MCC5500 Console Two Way Radio Equipment. Please know that Motorola is the Sole Source Provider for the Palm Beach County 800 MHz Trunked Two Way Radio System. Entities such as Palm Beach County Sheriff, PBC Fire Rescue, Dept of Health, as well as the various municipalities such as Boca Raton, Delray Beach, Greenacres, Boynton Beach, Palm Beach Shores, Ocean Ridge, Highland Beach, and Lake Clarke Shores can only use Motorola Authorized Trained & Certified Equipment Technicians. In South Florida, the only organizations Certified to provide equipment Maintenance are Motorola badged employees that work for Motorola's Florida Service Organization, and our Subcontractor Control Communications, Davie Florida. The proposed Village of Tequesta Motorola Maintenance Contract utilizes personnel from both of these organizations. To facilitate preferred pricing for this Palm Beach County 800 MHz Motorola Equipment Maintenance, Motorola has negotiated a Palm Beach County Pricing Agreement named SS900390 valid through 6/1/2016. If you should have further questions, please contact me @ ( 561 ) 245 1020. Sincerely: Motorola Solutions Inc. John Anderson Motorola Solutions Inc. Authorized Manufacturer's Representative Government & Public Safety Palm Beach County Florida Motorola Solutions, 8000 W. Sunrise Boulevard, Plantation, FL 33322 U.S.A. MOTOROLA SOLUTIONS RADIO, TWO -WAY EQUIPMENT, 800 MHZ, TERM CONTRACT NO.227SO606E PRICE SCHEDULE FOR THE PERIOD OF 3/1/201S THROUGH 2/28/16 ITEM DISCOUNT OFF CURRENT NO PRICING SCHEDULE MSRP PRICE LIST 1 X - SERIES P25 SUBSCRIBERS 20% 2 APX P24 SUBSCRIBERS 25% 3 X - SERIES / APX SERIES ACCESSORIES 23% 4 X - SERIES NON P25 SUBSCRIBERS 15% 5 APX SERIES NON P25 SUBSCRIBERS 20% 6 TRBO SUBSCRIBERS AND ACCESSORIES 8% 7 MOTOROL ( WARIS) COMMERCIAL SUBSCRIBERS AND ACCESSORIES 15% 8 ON ALL OTHER MOTOROLA MANUFACTURED EQUIPMENT 15% 9 SCADA EQUIPMENT 25% 10 MOTOROLA DROP SHIP EQUIPMENT 8% 11 WIRELESS BROADBAND AND NEWWORKING EQUIPMENT 15% 12 COMPUTER AIDED DISPATCH ( CAD) 10% 13 LONGER TERM EVOLUTION ( LTE) 5% 14 MVX1000 VEHICLE VIDEO AND MW810 MDTs 15% 15 VIDEO SECURITY SOLUTIONS 7% 16 AUTOMATIC LICENSE PLATE RECOGNITION (ALPR) 10% 17 FLORIDA SERVICE ORGANIZATION ( FSO) STANDARD HOURLY RATE MON - FRI 8 TO 5 $150.00 PER HOUR 18 FLORIDA SERVICE ORGANIZATION ( FSO) OVERTIME RATE FOR NON STANDARD HOURS $225.00 PER HOUR If you have any questions please contact me directly at 954- 723 -8898. Sincerely, Mike Bunting Senior Account Manager Motorola Solutions Inc. Government & Public Safety Ph: ( 954 ) 723 — 8998 .Motorola Solutions Inc. 8000 W. Sunrise Blvd Plantation, FL 33322 MOTOROLA SOLUTIONS SERVICES AGREEMENT Attn: National Service Support/4th Fl Contract Number: S00001025123 1301 East Algonquin Road Contract Modifier: ,800; 247 -2346 Date: 07/01!2015 Company Name: Tequesta, Village Of Required P.O.: No Attn: Customer # : 1012622016 Billing Address: 357 Tequesta Dr Bill to Tag #: 0001 City, State, Zip: Tequesta,FL,33469 Contract Start Date: 10/01/2015 Customer Contact: D J Rick Ricciardi Contract End Date: 09/30/2016 Phone: (561)768 -0522 Anniversary Day: Sep 30th Payment Cycle: MONTHLY PO #: QTY MODEL /OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $1,190.76 $14,289.12 SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal -One -Time Event Services ; Total ; $1,190.76 $14,289.12 Taxes - - SERVICE AGREEMENT TO COVER 2 MCC5500 Grand Total $1,190.76 I $14 2$9.12 CONSOLES, 25 APX6000 PORTABLES, 10 APX6500 MOBILES AND 3 APX7500 I THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING CONSOLET TES. SERVICES INCLUDED: JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. DISPATCH TECHNICAL SUPPORT, INFRASTRUCTURE REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE- PREMiER AND LOCAL RADIO l_COMBO PACKAG --— __ - - -- – — -- _ -- Subcontractor(s) I l:lty State MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL I N - - - -- MOTOROLA SYSTEM SUPPORT CENTER +ELGIN _ IL MOTOROLA SYSTEM SUPPORT CTR -CALL SCHAUMBU IL CENTER D0066 RG I MOTOROLA SYSTEM SCHAUMEU IL SUPPORT - TECHNICAL SUPPORT D0068 RG CONTROL COMMUNICATIONS DAVIE I FL I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herei by this reference. ey villaq fitanac AU HORI CUSTOME!k'SIGN6FOKE TITLE j DATE l CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE 1 Cindee Markes 954- 723 -4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Tequesta, Village Of Contract Number: S00001025123 Contract Modifier: Contract Start Date: 10/01/2015 Contract End Date: 09/30/2016 2 Customer Name: Village of Tequest Effective Date: 10/1/2015 Site ID Number: SZ05981 QTY Equipment Description Covered 2 MCC5500 Consoles 25 APX6000 Portables 10 APX6500 Mobiles 3 APX7500 Consolettes 4 APX6000 Portables wty 3 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 "hen. 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 4 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 senjice 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 bventy -four ( 24) hours per day, seven ( 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 nonconforming Service_ MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE iMPLiED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULTITERMINATION 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 wiil not relieve either party of obligations previousiy 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 5 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 wili safeguard a!! such property whiie 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 wil! 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. 6 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 7 rrr070A rO&A 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 ether 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 information 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 FRli. 15.1 Replace defective Infrastructure or FR.U, as applicable. Customer Servicer or Motorola may provide Infrastruchare or FRU. 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic /test equipment and ar_y other requirements necessary to perform the Maintenance service. 2.5.4. if a third party Vendor is needed io 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 wili 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. 8 M070 OVA 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 Panction of switching to the backup PSAP. 3.9. Verify with the SSC that Restoration is complete or System is functional, 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. 9 Severity Definitions Table Severity Level Problem Types Severity 1 0 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 0 Response during Standard Business Day d Significant System Impairment not to exceed 33% of system down d 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 reventative maintenance or roduct/s° stem upgrades. Response Times Table (Customer's Response Time Classification is designated it the Service Agreement' Severity Level Premier Regular Response Time Response Time Severity 1 Within 2 hours from receipt of Within 4 hours from receipt of Notificatior. Notification i 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 10 M070HQLA 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, SmartZone v2.0.3 and higher, SmartZoneiOmniLink, 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. 11 ,M0T0ROLA 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 ■ Response is provided Continuously c 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 maior 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 Severn:✓ 3 I Response during Standard Business Day_ ■ intermittent system issues ■ Information questions ■ Upgrade-s/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 p reventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity 1 Within 1 Hour from receipt of Notification, Continuousl Severity 2 Within 4 Hours from receipt of Notification, Standard Business Da Severity 3 Within next Business Day, Standard Business Da 12 M070HO&A 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 riot 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 malfunctioning FRU. The Customer's malfunctioning 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. 13 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 ianufacturer 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 Sofrivare Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRiJ. Motorola will rehtrn 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 member (necessary for all non - Advanced Replacement repairs) prior to shipping malfutctioning infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial nuirtber, 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 ser, 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 1D0 in order to ensure proper tracking of the returned Infrastracture. Customer wiii 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 Softvare !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 perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 14 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: 1. 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. 15 MOrON ?LA 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 CRTs and burned -in flat panel display image retention. Console(s) Includes consoles (CommandSTAR, 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 fol NICE logging recorders Junction 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 any on -site services. Monitor(s) Includeb all Motorola certified monitors connected to computers thai directly interface Willi or control the communications System. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burred -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. 16 MOrOHOLa 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 exciudes repairs to: optional accessories; iDEN 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 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. 17 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. 18 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 lieu of written agreements for classes of contractual services; revising terminology; creating s. 287.136, F.S.; requiring the Chief Financial Officer to perform audits of executed contract documents and to discuss such audits with the agency officials; requiring the agency head to respond to the audit; amending s. 287.076, F.S.; providing that Project Management Professionals training for personnel involved in managing outsourcings and negotiations is subject to annual appropriations; amending ss. 16.0155, 283.33, 394.457, 402.7305, 409.9132, 427.0135, 445.024, 627.311, 627.351, 765.5155, and 893.055, F.S.; conforming cross- refer- ences; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is created to read: 119.0701 Contracts; public records. — (1) For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) "Public agency" means a state, county, district, authority, or muni- cipal officer, or department division, board bureau, commission, or other separate unit of government created or established by law. (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 2 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. Section 2. Section 215.971, Florida Statutes, is amended to read: 215.971 Agreements funded with federal or and state assistance. — For An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must the agreement shall include all of the following Laj-� A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to perform,; —ate N(2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (c) A provision speci , ing the financial consequences that apply if the recipient or subrecipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a recipient or subrecipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. (d) A provision s peci fying that a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (e) A provision speci f dng that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. (f) A provision specifying that any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. (g) Any additional information required pursuant to s. 215.97. (2) For each agreement funded with federal or state financial assistance, the state agency shall designate an employee to function as a grant manager who shall be responsible for enforcing performance of the agreement's terms and conditions and who shall serve as a liaison with the recipient or subrecipient. 3 CODING: Words semen are deletions; words underlined are additions.