HomeMy WebLinkAboutR-2007-197 Motorola Service Agreement RESOLUTION NO. 2007-197
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
.AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE
AGREEMENT WITH MOTOROLA, A SOLE SOURCE PROVIDER, FOR THE
MAINTENANCE AND REPAIR OF COMMUNICATIONS EQUIPMENT FOR
AN AMOUNT NOT TO EXCEED $20,841.84, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the city government in amounts in excess of$15,000.00 without competitive bidding
and without advertisement for bids if he is authorized to do so in advance by a resolution adopted
by the City Commission; and
WHEREAS, the City Manager has determined that service and maintenance of Fire
Department communications equipment can be obtained at the least cost to the City by contracting
with Motorola, a sole source provider, 1307 East Algonquin Road, Schaumburg, IL. 60196, in the
amount of Twenty Thousand Eight Hundred Forty-One and 84/100 ($20,841.84);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Service Agreement between the Dania Beach Fire Department and
Motorola, in substantial form as appearing in Exhibit "A" attached, is approved and the City
Manager is authorized to pay from the City of Dania Beach Fire-Rescue Department budget the
sum of Twenty Thousand Eight Hundred Forty-One and 84/100 ($20,841.84).
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect retroactive to October 1,
2007.
PASSED and ADOPTED on October 9, 2007.
OB A TON
MAYOR-CO ISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO Fr LND CORRECTNESS:
BY: J
THOMAS 1. AN BR
CITY ATTORNEY
2 RESOLUTION #2007-197
OMOroROLA Ver.4.9 Build 1000 SERVICE AGREEMENT
Affn:National Service Support Agreement Order#: 0555014670603
1307 East Algonquin Road
Schaumburg, IL 60196 Supersedes Agreement#(s) : SOOOOI-0.08419......,. _
(800)247-2346 Date: 3/21/2007
Required P.O.: No
Company Name: Dania Beach Fire Department Customer#: 1011377224
Attn: Bill to Tag#: 0002
Billing Address: 100IN Dania Beach Blvd Contract Start Date: 10/01/2007.
City, State,Zip: Dania Beach,FL 33004 _ Contract End Date: 09/30/2008
Customer Contact: Deputy Chief Michael Cassano _ Anniversary Date:
Phone: 954-924-3726 Payment Cycle: Monthly
Fax: 954-921-0959 Tax Exempt: Yes
PO#:
Qty Model/Option - Description _ Monthly Ext Extended
Total Services'. - -�- $ 1,736.82 $ 20,841.84
SVC01SVC1422 Local Radio Combo Package
SVCO2SVC0030 SP-Local Repair with OnSite Response
SVC01SVC2012 SP-Contract Administration Services
SVC01SVC2012 SP-Contract Administration Services
SUBTOTAL-RECURRING SERVICE_S__$ 1,73682 $ 20,841.84
SPECIAL INSTRUCTIONS ATTA:M STATEMENT or WORK FOR RERFORMANCS S_UBT_OTAL-ONE-TIME EVENT SERVICES
OECAIFTloNs TOTAL $ 1,736.82 $ 20,841.84
See attached list for equipment Covered under contract,Provides 24 x 7 support on TAXES $0.D0 $0.00
Fire House Alerting.Ml 8-5 Support on balance of equipment.No IT Support is GRAND TOTAL $ 1,736.82 $ 20,841.84
included for MW800 equipment. -
THIS SERVICE AMOUNT IS SUEJECT TO STATE&LOCAL TAxiNc
JURISDICTIONS TO SE VERIFIED BY MOTOROLA
SUBCONTRACTOR(S) CITY STATE
ComrOl Communications ino. Davie FL
I recerved Statements of Work that describe the services providso on this Agreement.
Motorola s Service Terms 8 Conditions.a copy of Wmch is attached to this Service
Agreement is incorporated herein by tNa'77
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE -
"=f IVAN-P_AT6- - --- CITY- MANAGER
US
CTOMER(PRINT�NAM\E�)�-� (;
� I simmer Support Manager.
MOGROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Cindee Markets954-723-4718 954-723-4791
MOTOROLA REPRESENTATIVE(PRINT N E) PHONE FAX
1 4
TOPS ANS RO, CI ATTORNEY LOUISE STILSON, CITY CLERK
SPC v4.9 Build 1000 Release Date: 01/01/05
Service Terms and Conditions
Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector("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 agrees to provide to Customer either
(1) maintenance, support and/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 will take precedence over
any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment
specifically 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 will become binding only when accepted in writing by Motorola. The term of this Agreement will begin 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 such 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 such 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 such Equipment will terminate at the end of the month in which
Motorola receives such 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 such Equipment, remove such Equipment from the Agreement, or increase
the price to Service such 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
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by such 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 such 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 specifically 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 agrees to reimburse Motorola for all property taxes, sales and use taxes,
excise taxes, and other taxes or assessments 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
This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. 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 breach of this Agreement or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1)year after the accrual of such cause of action, except for money due upon
an open account. This limitation of liability will survive the expiration or termination of this Agreement.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
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 shall not affect its applicability. In no event shall either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such
purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of
both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are
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 such information or data to any person, or use such information or data itself for any purpose
other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the
expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial 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 such 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 shall be modified as necessary to conform to such 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 such property, and return it to Motorola upon request.
Such 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 governed and 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 such as strikes, material
shortages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this
Agreement.
17.6. 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.
17.7. 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 such services on a
time and materials basis at Motorola's then effective hourly rates.
Customer Name: Dania Beach Fire Department Start Date: 10/1/2007
33 XTS5000 Portables
13 XTL5000 Mobiles
8 MW800 Units
12 VRM850
12 Placer 450 GPS Units
2 XTL5000 Control Stations
2 Zetron Model 6 Decoders
5 CAD Workstations
XTL5000 Mobiles VRM850 Units MW800
500CEJ0861 508SEGO657 736SGC4331
500CEJ0862 508SEGO658 736SGC4332
500CEJ0863 508SEGO659 736SGC4333
500CEJ0864 508SEGO660 736SGC4334
500CEJ0865 508SEGO661 736SGC4335
500CEJ0866 508SEGO662 736SGC4336
500CEJ0867 508SEGO663 736SGC4337
500CEJ0868 508SEGO667 736SGC4339
500CEJC869 508SEGO668
500CEJ0870 508SEGO669
500CEJC871 508SEGO670
500CEJ0872 508SEGO672
500CES2227
XTS5000 Portables
7210EJ2014 7210EJ2025 7210EJ2036
7210EJ2015 7210EJ2026 7210EJ2037
7210EJ2016 7210EJ2027 7210EJ2038
7210EJ2017 7210EJ2028 7210EJ2119
7210EJ2018 7210EJ2029 7210EJ2120
7210EJ2019 7210EJ2030 7210EJ2121
7210EJ2020 7210EJ2031 7210EJ2122
7210EJ2021 7210EJ2032 7210EJ2123
7210EJ2022 7210EJ2033 7210EJ2124
7210EJ2023 7210EJ2034 7210EJ2125
7210EJ2024 7210EJ2035 7210ES2308
Total Radio Contract: $17,633.76
MOTONOLA
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; 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 Beads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terns 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 perfonned at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on the Equipment to detennine 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.
25 Remove any dust, and/or foreign substances from the Equipment.
2.6 Reproeram 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:
I I 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.
Local Radio Combo Package Page 1 of 1
Approved hr Motorola Cowracts& Compliance 04/30/04
MOYOMOLA
Statement of Work
Local Radio Combo Package
OnSite Option — Pick up & Delivery
1.0 Description of Service
Equipment will be picked up Gom and delivered to the Customer's location, within a designated radius orthe
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 upidelivery,to arrange a mutually agreeable
alternative date and/or time for pick up.idclivery.
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.
MOTOROLA
Statement of Work
SP-Local Repair with OnSite Response
1.0 Description of Services
Local Infrastructure Repair is a repair service provided by the Servicer for Infrastructure named on the
Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure may be sent to
Motorola, original equipment manufacturer,third party vendor,or other facility for repair.
The terms and conditions of this Statement of Work(SOW)are an integral part of Motorola's Service Terns
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola Servicer has the following responsibilities:
2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer.
Any replaced FRU will be of a similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning FRU(s). Servicer is responsible for travel costs to a Customer location to
repair Infrastructure.
22. Perform the following on Motorola Infrastructure:
2.2.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer.
2.2.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications.
2.3. Provide the following service on select third parry Infrastructure
2.3.1. Perform pre-diagnostic and repair service to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found(NTF)to third party vendor for repair,when applicable.
2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for
repair service. Servicer is responsible for all shipping and handling charges.
2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor
for service.
2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer
required by Section 3.2. If the Customer template is not provided or is not reasonably usable, a standard
default template will be used.The Servicer will provide the standard template.
2.5. Notify the Customer upon completion of repair or replacement.
2.6. Property package,return ship or hand deliver Infrastructure to the Customer specified address. Servicer
will pay return shipping charges, if being sent via overnight carrier.
3.0 Customer has the following responsibilities:
3.1. Contact Servicer and provide the following information:
3.1.1. Provide customer name, address of site location, and symptom of problem.
3.1.2. Provide model description, model number, serial number, and type of System and Firmware version,
if known.
3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading, if
necessary by Servicer,after repair service is completed.
3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide Local Infrastructure Repair services to Customer.
page I of I
Exhibit A
DESCRIPTION OF COVERED PRODUCTS
MAINTENANCE AND SUPPORT AGREEMENT NO. 001954-000
CUSTOMER: Dania Beach Fire Dept
The following table lists the Products under maintenance coverage:
Site Ids
Product
Airmobile PSA0884_()OIR)
PremierCAD PSA0884_(CAD)
PremierMAC PSA0884_(PMDC)
Motorola Software
ProductDescription
PremierCAD AWW License 5
Open Query Client 1
ATM Vehicle Client 8
Premier MDCTM PMDC Client Software(501+units) 8
GPS Integration Client Module 8
ATMM (Printrak Mobile Mapping) 8
Integration Client Module
AirMobileTM Airmobile Client Software (101-250 8
Licenses
M&SA No.001954-000 2 ver. 9.5,06
MAINTENANCE AND SUPPORT AGREEMENT NO. SA 001954-000
Exhibit B SUPPORT PLAN
This Support Plan is a Statement of Work that provides a description of the support to be performed.
1. Services Provided. The Services provided are based on the Severity Levels as defined herein.
Each Severity Level defines the actions that will be taken by Seller for Response Time. Because of the
urgency involved, Seller will make every reasonable effort to provide a temporary or work around solution.
When a permanent solution is developed and certified through testing, it will be incorporated in to the
applicable Supplemental and or Standard Release.
SEVERITY fr DEFINItON RESPONSE TIME
LEVEL ��< ' ,
.. . ... .. ,., ...
1 otal System Failure- occurs when the System is not functioning Telephone conference
and there is no workaround; such as a Central Server is down or within 1 hour of initial voice
hen the workflow of an entire agency is not functioning. notification
his level is meant to represent a major issue that results in an
unusable System, Subsystem, Product, or critical features. No
ork around or immediate solution is available.
2 Critical Failure-Critical process failure occurs when a crucial Telephone conference
element in the System that does not prohibit continuance of basic within 3 Standard Business
operations is not functioning and there is usually no suitable work-Hours of initial voice
around. Note that this may not be applicable to intermittent notification
problems.
his level is meant to represent a moderate issue that limits a
Customer's normal use of the System, Subsystem, Product or
major non-critical features.
3 Non-Critical Failure - Non-Critical part or component failure Telephone conference
occurs when a System component is not functioning, but the ovithin 6 Standard Business
System is still useable for its intended purpose, or there is a Hours of initial notification
reasonable workaround,
This level is meant to represent a minor issue that does not
preclude use of the System, Subsystem, Product, or critical
features.
4 Inconvenience -An inconvenience occurs when System causes a Telephone conference
minor disruption in the way tasks are performed but does not stop within 2 Standard Business
workflow. Days of initial notification
This level is meant to represent very minor issues, such as
cosmetic issues, documentation errors, general usage questions,
and product or System Update requests.
5 Customer request for an enhancement to System functionality is Determined by Seller's
he responsibility of Seller's Product Management. Product Management.
This level is meant to represent recommendations for product
enhancements or modifications.
1.1 Reporting a Problem. Customer shall assign an initial Severity Level for each error reported,
either verbally or in writing, based upon the definitions listed above. Because of the urgency involved,
Severity Level 1 or 2 problems must be reported verbally to the Seller's call incoming center. Seller will
notify the Customer if Seller makes any changes in Severity Level (up or down) of any Customer-reported
problem.
1.2 Seller Response. Seller will use best efforts to provide Customer with a resolution for Severity 1
and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when
Customer allows timely access to the System and Seller diagnostics indicate that a Residual Error is
present in the Software. Should Customer report an error that Seller cannot reproduce, Seller may
M&SA No.001954-000 3 ver.9.5..06
enable a detail error capture/logging process to monitor the System. If Seller is unable to correct the
reported Residual Error within a reasonable time, Seller will escalate its procedure and assign such
personnel or designee to correct such Residual Error promptly. Should Seller, in its sole discretion,
determine that such Residual Error is not present in its Release, Seller will verify: (a) the Software
operates in conformity to the System Specifications, (b) the Software is being used in a manner for which
it was intended or designed, and (c)the Software is used only with approved hardware or software.
1.3 Error Correction Status Report. Seller will provide verbal status reports on Severity Level 1 and 2
Residual Errors. Written status reports on outstanding Residual Errors will be provided to System
Administrator on a monthly basis.
2. Customer Responsibilitv.
2.1 Customer is responsible for running any installed anti-virus software.
2.2 Operating System COS") Upgrades. Unless otherwise stated herein, Customer is
responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should
contact Seller to verify that a given OS upgrade is appropriate.
3. Seller Responsibility.
3.1 Anti-virus software. At Customer's request, Seller will make every reasonable effort to test and
verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application.
Seller will respond to any reported problem as an escalated support call.
3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert
Bulletins; and (c) hardware and firmware updates, as released and if applicable.
3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service history
of site; (b) downtime analysis; and (c) service trend analysis.
3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or
assistance for Updates.
3.5 Software Release Compatibility. At Customer's request, Seller will provide: (a) current list of
compatible hardware operating system releases, if applicable; and (b) a list of Seller's Software
Supplemental or Standard Releases
3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be
investigated and corrected from Seller's facilities. Seller shall decide whether on-site correction of any
Residual Error is required and will take appropriate action.
4. Decision Support System ("DSS") Products. (Applies to Motorola's PremierCAD Software only).
The CAD DSS products are supported on a consultative basis only with annual consultation hours not to
exceed eight (8) hours. Any additional consultation shall be invoiced on a time and material basis at
Seller's then current rates for professional services.
5. Compliance to Local County State and/or Federal Mandated Changes. (Applies to Software
and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state
and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state interfaces are
part of the covered Services.
M&SA No.001954-000 4 ver.9.5..06
f
6. Annual System Performance Review and Report. Seller will prepare the following reports to include:
6.1 (Applies to PremierCAD Software only)
(a) System Analysis MEASURE: Evaluate disk and CPU load
PEEK: Evaluate memory availability and use
VIEWSYS: Evaluate use and availability of PCBs
EMSA/TMDS: Review logs for hardware reports
File Sizing Review file sizing on changeable files
(b) Pathway Analysis Evaluate effectiveness of system configuration for current load
Evaluate TCP/Server statistics
Evaluate efficiency of server class maximum and minimum
settings
(c) Performance TMX Timings: Evaluate application response times
Analysis
6.2 (Applies to Motorola®Computer Aided Dispatch Software installed on Stratus ftServer only)
Update Equipment drivers
Upload Equipment patches, hot fixes and firmware
Evaluate effectiveness of System configuration for current load based
upon overall CPU Utilization
6.3 Based on the Annual System Performance Review and Reports, Seller's Technical Support
Analyst will review findings and recommend software or hardware changes to improve overall operations.
(The below listed terms are applicable only when the Maintenance and Support Agreement includes (a)
Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and
Support Agreement; or(b) CAD HP NonStop S-Series hardware in addition to the Seller CAD Software.)
7. On-site Product Technical Support Services. Seller shall furnish labor and parts required due to
normal wear to restore the Equipment to good operating condition.
7.1 Seller Response. Seller will provide telephone and on-site response to Central Site, defined as the
Customer's primary data processing facility, and Remote Site, defined as any site outside the Central
Site, as shown in Support Plan Options and Pricing Worksheet.
7.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the
PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM, Seller shall
extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional
on-site labor support shall be invoiced on a time and material basis at Seller's then current rates for
professional services.
M&SA No.001954-000 5 ver.9.5,.06
7.3 CAD HP NonStop S-Series Service Plans
7.3.1 The following HP electronic support tools are available:
Express Notice A proactive email notification of new software
releases, announcements and updates
Scout for NonStop Servers Once registered, users have the ability to perform
interim product modification (IPM) analysis on
NonStop Kernel systems and to download IPMs
electronically.
Total Information Manager(TIM) A CD collection of support documentation shipped
with the initials stem.
Knowledgebase for NonStop Support Once registered, users have access to a powerful
(KBNS) search tool offering quick and easy access to
reviousl answered technical su ort uestions.
7.3.2 HP NonStop S-Series Service Plan:
Continuous The PPM is 24 hours a day, 7 days a week. On-site response time is
Availability within two(2) hours. Includes on-site coverage for national holidays.
High Availability The PPM is 24 hours a day, 7 days a week. On-site response time is
within four(4) hours. Includes on-site coverage for national holidays.
Enhanced Availability The PPM is 8 a.m. —5 p.m. Monday-Friday, excluding national
holidays. On-site response time is next business day.
7.4 Under all CAD HP NonStop Series hardware service plans, coverage will include:
• Perform corrective or scheduled preventive service during the PPM specified in the Plan.
• Log all service requests and furnish telephone and/or on-line diagnostic services from the Seller's
call intake center or the HP Nonstop Support Center (CTNSC) 24 hours per day, 7 days per
week.
• Furnish all labor, parts, materials, and on-site service during the PPM as necessary to ensure HP
NonStop Series hardware is operating in accordance with applicable published specifications.
Replacement parts will be new or equivalent of new in performance. Replaced parts will become
the property of HP.
• Install any mandatory Field Change Order(s) required for the safety or proper operation of
maintained HP NonStop Series hardware.
• Assign an HP Customer Engineer and an alternate who will be responsible for providing service.
• Provide on an annual basis (i) equipment inventory of maintained HP NonStop Series hardware;
and (ii) planning meeting to discuss the current Service Plans and Customer's future
requirements.
M&SA No.001954-000 6 ver. 9.5-06
Exhibit C
SUPPORT PLAN OPTIONS AND PRICING WORKSHEET
Maintenance and Support Agreement# 001954-000 Date September 16,2007
New Term Effective Start 10/01/07 End 09/30/08
CUSTOMER: Dania Beach Fire Dept BILLING AGENCY: City of Dania Beach
Address: 102 W Dania Beach Blvd Address: 100 W. Beach Blvd.
CITY,STATE,ZIP CODE: Dania,FL 33004 CITY, STATE,ZIP CODE: Dania, FL 33004
CONTACT NAME: Michael Cassano CONTACT NAME: Accounts Payable
CONTACT TITLE Deputy Fire Chief CONTACT TITLE
TELEPHONE: 954-924-3722 TELEPHONE:
FAX: FAX:
Email: mcassano@ci.dania-beach.fl.us Email:
For support on products below, please contact Customer Support at(800)323-9949
(Option 2—Data Infrastructure Technical Support&Option 6—Public Safety Applications).
® PremierCADTM ❑ Motorola®Computer Aided Dispatch ❑ CAD HP NonStopTMSenes hardware
❑ RMS InfotrakTM ❑ OffendertrakTM ❑ ImagetrakTM
❑ NetRMS ❑ CRIS—Predecessor to NetRMS
❑ Customer Service Request System ❑ Cruiser—FBR Replacement
q y ❑ Case Management System ❑ License Permitting System
❑ Enhancements to Products ❑ Custom Software ❑ Integration Framework
® Premier MDC' ❑ TxMessen er" ® AirMobileT.
MOTOROLA SOFTWARE SUPPORT ANNUAL FEE
® GOLD
♦ 24 hours a day,7 days a week PPM
♦ Supplemental Releases
♦ Standard Releases
♦ Technical Support Services
♦ Product:PremierCAD(Term: 12/01/07-09/30/08, 10 mos) $ 1,525.00
♦ Product: PremierMDC(Term: 10/01/07-09/30/08, 12 mos) $ 1,253.00
® SILVER
♦ Monday-Friday 8:00 a.m:5:00 p.m.
♦ Supplemental Releases
♦ Standard Releases
♦ Technical Support Services
♦ Product:Ainnobile(Term: 10/01/07-09/30/08, 12 mos) $ 430.00
MOTOROLA SOFTWARE SUPPORT TOTAL $ 3,208.00
OTHER AVAILABLE OPTIONS ANNUAL FEE
❑ Users Conference Attendance Year Number Attendees Requested $
($2,650 per Attendee)
• Registration fee
• Roundtrip travel for event(booked by Motorola)
• Hotel accommodations(booked by Motorola)
• Rental car(booked by Motorola)
• Daily meal allowance(determined by Motorola guidelines)
❑ Consulting Services-8 Hour Blocks(plus travel fees) $
❑ Other: $
Monthly Payment Option $ 267.33
Prepared by: Tanya Mansell, 714-238-2057,tanyamansell@motorola.com
FULL TERM FEE GRAND TOTAL* $ 3,208.00
'Exclusive of taxes it applicable
M&SA No.001954-000 7 ver.9.5.06
Exhibit D
CURRENT BILLABLE RATES
MAINTENANCE AND SUPPORT AGREEMENT NO. 001954-000
CUSTOMER: Dania Beach Fire Dept
The following are Motorola's current billable rates, subject to an annual change.
The following rates apply to Customers with a current, active Maintenance and Support
Agreement. Billable rates apply to services provided outside of the PPM.
HOURSSERVICE : •
8 a.m.-5 p.m. M-F (local time) $160 per hour, 2 hours minimum
After 5 p.m., Saturday, Sunday, Motorola Holidays $240 per hour, 2 hours minimum
The following rates apply to Customers without a current, active Maintenance and Support
Agreement.
HOURSSERVICE LABOR
8 a.m.-5 p.m. M-F (local time) $320 per hour, 2 hours minimum
After 5 p.m., Saturday, Sunday, Motorola Holidays $480 per hour, 2 hours minimum
Note: Above rates reflect labor rate only. Additional fees for on-site travel expenses, third party expenses
and/or materials will be quoted at the time of customer request for services.
MBSA 001954-000 6 ver.9.5.06