HomeMy WebLinkAboutR-2008-157 Motorola 2009 RESOLUTION NO. 2008-157
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ANNUAL
SERVICE AGREEMENT FOR FISCAL YEAR 2009 WITH MOTOROLA, A
SOLE SOURCE PROVIDER, FOR THE MAINTENANCE AND REPAIR OF
COMMUNICATIONS EQUIPMENT, IN AN AMOUNT NOT TO EXCEED
$21,105.12 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$25,000.00 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 to continue to contract the annual service
and maintenance of Fire Department communications equipment with Motorola., a sole source
provider, 1307 East Algonquin Road, Schaumburg, IL. 60196, in the amount of Twenty-One
Thousand One Hundred Five and 12/100 Dollars ($21,105.12), which, when combined with
expenditures for previous contracts, will exceed the $25,000.00 limitation outlined above;
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-One Thousand One Hundred Five and 12/100 Dollars ($21,105.12).
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repealed to the extent of such conflict.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 October 1, 2008.
PASSED and ADOPTED on September 9, 2008.
ALBERT C. JONE
MAYOR-COMMId�7�
ER
ATTEST: 's FIRS),
LOUISE STILS N, CMC
CITY CLERK
APPROVED AS TO F ND CORRECTN� 1 OR
BY: t
THO S BRO
CITY ATTORNEY
2 RESOLUTION #2008-157
�M A9407C wow Ver.4.9auIN1000 SERVICE AGREEMENT
A!!n.,Nationar.Service Support
1307 East A/gooquln Road Agreement Order#: 0555014880612 -
Scheumburg,IL 60196 Supersedes Agreement N(s): S00001008419
(6o0)247-2346 Date: 7/1wo08 --
Required P.O.: No _
Company Name: Dania Beach Fire DepanmeM Customer#: 1011377224
Ate' Bill to Tag#:0002
Billing Address: 100 W Dania Beach Blvd Contract Start Data: 10/012008
City,State,Zip: Dania Beach,FL 33004 _ Contract End Date: 09/302009
Customer Contact: Deputy Chief Michael Cassano Anniversary Date: _
Phone: 954-924-3726 Payment Cycle:Monthly
Fax:954-921-0959 Tax Exempt:Yes M _----
PO#:
odaVO lion Desert iron Month Ext Extended
Total 9a $ 1,758.76 S 21,105.12
SVC01SVC7422 Local Raft C C ombo package
SVCO28VC0030 SP-Local Rapafr wlfh OnSbe Response for Fire House Alerting
SVC01SVC2012 SP-Contract Adarkhlra6on San**$for CAD and PMDC
Lkense Soft"Support
_ SUBTOTAL-RECURRING SERVICES S 1,758.76 !
S 21.105.12 i
SPECIALINSTRUCTIONS-e,� ,A,FyprosvwcrglrEisore�xx� SUBTOTAL_ONETIME EVENT 3ERVICES j
eamimpYe —
Seeseethed Iln for equipmel ooVerod ulMarcontrad.Prwidas 21 x 7 rapport on TOTALS 1.758.78 S 21.105.12_
Fire House AIedng.M-F e-5 Support on beknm of equipment Contract Includes TAXES$0.00 i0.00
CAD and PMDC CIrM Ikense 80fb"a support No IT SuPPolt h induded for GRAND TOTAL a 1,758.76 S _21. 05.12
MN.eoo equipment nEsaeeylcegwucaeuaao77oerAlE a lxuTwcrm—
Jlle�apCilOMe.TO eE VEIiIFlEe BY Eg1q(IX,�
SUSCONTRACTOR(8) CITY STATE
-- Codlol Cammunlea5w hlc pe„y R. .—
PudicSekbrTachGbOwlnodba Anaheim CA
nCeNe __
I lecelved 8bkmxbdyaaklMdaeaiM Ne relYCes prpdded entlW A9raameM ��— —
M0'0a 3Sw T—S Cmtlaao,a MPy dehbh is seethed m nth amb, ------- --
Asleemem,k 90olp0nakd Mnn by Uu raferarroa ----'
AUTHORIZED CUSTOMER S I G NATURE TITLE DATE -----
ST MER(PRINT E) --
Custorn rsupport Manger
RE ESENTATIVE�(SIGNATURTITLE DATE ------
CkdaeMedroa __ 9 5 4-72 3 471 8
MOTOROLAREPRESENTATIVE(PRINTNAME) FAX
PHONE -- 954-720-4791 ---_
i
I�
i
SPC v4.9 Build 1000 Release Date:01/01/05
Customer Name: Dania Beach Fire Department Start Date: 10/1/2008
33 XTS6000 Portables
13 XTL5000 Mobiles
8 MW800 Units (No local IT Support included)
12 VRM850
12 Placer450 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 508BEGO659 736SGC4333
500CEJ0864 508SEGO660 736SGC4334
500CEJ0865 508SEGO661 7368GG4335
500CEJ0866 508SEGO662 736SGC4336
500CEJ0867 508SEGO663 736SGC4337
500CEJ0868 508SEGO667 736SGC4339
500CEJ0869 508SEGO668
500CEJ0870 508SEGO669
500CEJ0871 508SEGO670
500CEJ0872 508SEGO672
500CES2227
2T85000 Portables
7210EJ2014 7210EJ2025 7210EJ2036
7210EJ2015 7210EJ2026 7210EJ2037
721C EJ2016 7210EJ2027 7210EJ2038
7210EJ2017 7210EJ2028 7210EJ2119
7210EJ2018 7210EJ2029 7210EJ2120
7210EJ2019 7210EJ2030 7210EJ2121
7210EJ2020 7210EJ2031 7210EJ2122
7210EJ2021 7210EJ2032 7210EJ2123
7210EJ2022 7210EJ2033 7210EJ2124 i
7210EJ2023 7210EJ2034 7210EJ2125
7210EJ2024 7210EJ2035 7210ES2308
I
1
i
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
PP Y 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. 'AgreemenP 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
ment is
added to the Agreement Upon reasonable request by Motorola, Customer will provide a complete aerial
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.
SeMce Terms and CondPoona.FlydAL.9.1.03.doe(CSA tomraryad) 1
II
1
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 6 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,
ads 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 mu@icoupler. 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
Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment
with adequate sheer, 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 j
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 terns 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 1 assessments levied as a result of Services rendered under this Agreement (except Income, profit, and
franchise taxes of Motorola)by any governmental entity.
I� II
f
Service Terms and ConditlonsANAL.9.1.03.dw(CSA fonnaded)
2
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 pm-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 DEFAULTfrERMINATION
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.
10.3 Either party may terminate this agreement for convenience upon forty-five (45) days advance
written notice.
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, i
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 i
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
Service Terms and Condilons.FINAL.9.1.01doc(CSA Wrnamed) 3
no event shall either party be bound by any terms contained in a Customer purchase order,acknowledgement, or othe
r er writings unless: (i) such purchase order, acknowledgement, or other writings
specifically refer to this Agreement;(ti)dearly indicate the intention of both parties to override and modify,this Agreement; and Gil) 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 fumished 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.
132. 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 authontractors rization of Motorola. This
rendering dering serrvovision lices unies der thisto those
It this provislons of Motorola ris found Its to be overly broad unwho are cle applicable
r
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.
i
Service Terms and C0nd1tlene.FINAL.8.1.0&dot(CSA formatted)
4
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.
17.5. If Motorola provides Services after the termination or expiration of
reement,the terms and
conditions in effect at the time of the termination or expiration will apply totho egServi s and Customer
agrees to pay for such services on a time and materials basis at Motorola's than effective hourly rates.
i
I�
Seaioe Tems and Conchons.FINAL.8.1.01doc(CSA formatted) 5
I
I
AFMMOXFOLA
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 identifyextemal 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 manufacure.Service is only included on Equipment specifically named in the applicable Agreement
to which this Statement of Work is attached.
Local Radio Combo Package excludes repairs to:optional accessories;MEN accessories;iDEN mobile
microphones;non-standard mobile microphones,mobile external speakers;optional or additional control heads,
single and multiple unit portable chargers;batteries,mobile antennas;mobile power&antenna cables and
power supplies
The following are excluded from Local Radio Combo service unless they are purchased as an option for an
additional fee.The options are OuSite,Radio Survey and Analysis,Portable Remote Speaker Microphones,
Portable Antemua 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/toCustomer'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 infatuation 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,ageneric 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. III
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 Softmm i
template or programming in order to assist in returning the Equipment to original operating parameters. If
applicable,record the current fkushcode for each radio.
3.4 If Motorola must use a generic template to restore Equipment to operating condition,dstomer 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.
I
I
Local Radio Combo Package
Approved by Motorola Contracts&Compliance 04/30/04 Page I of 1 j
® MOTOAOLA
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 willbe mutually agreed upon and outlined in the Customer Support Plan,
This Option covens 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/thlivery,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.
i
I
I
I
i
I
® s90700FoLA
Statement of Work
SP-Local Infrastructure Repair with On Site Response for FHAS
1.0 Description of Services
Local Infrastructure Repair with On Site Response is a repair service provided by the Servicer for the Fire
House Alerting System Infrastructure named on the Customer Equipment list At the Servicer's discretion and
responsibility,Infrastructure may be sent to Motorola,original equipment manufacturer,third parry vendor,or
other facility for repair.
The terms and conditions of this Statement of Work(SOW)are an integral part of Motoroles Service Terms
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.
2.2. Perform the following on FHAS Infrastructure:
2.2.1.Perform an operational check on the h:fraAructure to determine the nature of the problem.
2.22.Repair or replace malfunctioning FRU,as determined by Servicer.
2.2.3.Verify that FHAS Infrastructure is returned to manufactured specifications.
2.3. Provide the following service on select third party 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 htfrastructure 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. Properly 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.
32. 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.
1
I
Page I ojl
ExhlbR A
DESCRIPTION OF COVERED PRODUCT8
MAINTENANCE AND SUPPORT AGREEMENT NO. 001954000
CUSTOMER: Dania Beach Fire Dept
The following table lirtts the Products under maintenance coverage:
Site We
I Ptoduct Site Id
PremierCAD PSA0884 (CAD)
PremierMDC PSA0884 (PMDC)
Motorola Software
PremlerCAD AWW License 5
Open Query Client 1
ATM Vehicle Client 8
Premier MDCw PMDC Client Software(501+units) 8
GPS Integration Client Module 8
ATMM(Printrak Mobile Mapping) g
In ration Client Module
AkMebileffi 8
Removed effective 10/1/08
i
M&&4 No.001954-000 �
mar.11.13.06 j
1
MAINTENANCE AND SUPPORT AGREEMENT NO.SA 001954-000
Ezhlbit 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.
s
•±ea 4.s.a'4':i>a.'�s���3y� aa«a.'�b���^m�4c�y r�5;v�1���� 6+-'y� ���^fiGiF r�$'i
1 vwl System Failure-occurs when the System is not functioning elephone conference
nd there is no workaround;such as a Central Server is down or ithin 1 hour of initial voice
hen the workflow of an entire agency is not functioning. otification
his level is meant to represent a major issue that results in an
nusable System, Subsystem, Product, or critical features. No
ork around or immediate solution is available.
2 ritical Failure-Critical pros fa cesilure occurs when a crucial elephone conference
lament in the System that does not prohibit continuance of basic ithin 3 Standard Business
perations is not functioning and there is usual ty no sufthble work- ours of initial voice
round. Note that this may not be applicable to intermittent otification
robfems.
his level is meant to represent a moderate issue that limits a
Ustomer's normal use of the System,Subsystem, Product or
a or non-critical features.
3 Non-Critical Failure-Ncn-Critical part or component failure elephone conference
rs when a System component is not functioning,but the ithin 6 Standard Business
ystem is still useable for its intended purpose, or there is a ours of initial notification
sonable workaround.
his level is meant to represent a minor issue that does not
reclude use of the System, Subsystem, Product,or critical i
tures.
4 nconvenfence-An inconvenience occurs when System causes a elephone conference
inor disruption in the way tasks are performed but does not stop ithin 2 Standard Business I
orkftow.
his level is meant to represent very minor issues, such as Days of initial notification
smetic issues, documentation errors,general usage questions,
nd roduct or Salem Update uests.
5 ustomer request for an enhancement to System functionality is etermined by Seller's L
e responsibility of Seller's Product Management. roduct Management
his level is meant to represent recommendations for product
nhancements or modifications.
1.1 Reporting a Problem. Customer shall assign an initial Severity Level for each error reported,
itions listed above. Because of the
Severity either evlel 1 orly or in prwritoblems must ing, based pbe reported on the nverrbally to the Seller's call incoming rg cySeller wi involved,
ll
notify the Customer if Seller makes any changes in Save rity Level(up or down)of any Customer-reported r.�e
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
j
M&SA No.001964-pOp 2
wr.7.16-07
enable a detail error capture/logging process to monitor the System. If Seller is unable to correct the
reported Residual Error within a reasonable lime, 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 Responsibility.
2.1 Customer is responsible for running any installed anti-virus software.
2.2 Operatina System ('OS') Uparades. Unless otherwise stated herein, Customer is
responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should
contact Seiler to verify that a given OS upgrade is appropriate.
3. Seller Responsibility.
3.1 Anti-virus software. At Customers request, Seller will make every reasonable effort to test and
verifyspecific ant-virus anti-worn or anti-hacker
sP a etches against a replication of Customer's p agapplication.
Seller will respond to any reported problem as an escalated support call.
3.2 Customer Notifications. Seller shall provide access to (a) Feld 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 Customers request, Seller will provide remote installation advice or
assistance for Updates.
3.5 Software Release Compatibility. At Customers request, Seiler will provide: (a) current list of
compatible hardware operating system releases, if applicable; and (b) a list of Sellers Software
Supplemental or Standard Releases
3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be
investigated and corrected from Sellers 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.
MBSA No.001954-OW 3 vw.7.1e..07
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
VIEWSVS: Evaluate use and avallability 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 bad
Evaluate TCP/Server statistics
Evaluate efficiency of server lass maximum and minimum
settings
(c) Performance TMX Timings: Evaluate application response times
Analysis
62 (Applies to Motorola(D 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 NonStcp S-Sedes hardware in addition to the Seller CAD Software.)
7. On ate Product Technical Support Services. Seller shall fumish labor and parts required due to
normal wear to restore the Equipment to good operating condition.
7.1 Seiler Response. Seller will provide telephone and on-site response to Central Site, defined as the
Customers primary data processing facility, and Remote Site, defined as any site outside the Central
Site, as shown in Support Plan Options and Pricing Workshest
7.2 At Customers 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 Sellers then current rates for
professional services.
M&SA No.001954-000 4 ver.7.16..07
Exhibit C
SUPPORT PLAN OPTIONS AND PRICING WORKSHEET
Maintenance and Support Agreement ill 001964-M Dab May 12,2008
New Term Effective Start 10/01108 End 09130f09
CUSTOMER: Denle Beach Fin Dept BILLING AGENCY:
Address: 102 W DaNa Beach Blvd Address:
CITY,STATE,ZIP CODE: Dame,FL 33004 CITY,STATE,ZIP CODE:
CONTACT NAME: Michael Cassano CONTACT NAME:
CONTACT TITLE Deputy Re Chief CONTACT TITLE
TELEPHONE: 954-924-3722 TELEPHONE:
FAX: FAX:
Email: mcassanciftd.clanWbeachAus Email:
For support on products below,please contact Customer Support at(8W)323-9949
(Option 2—Data Infrastructure Technical Support 8 Option 6—Public Safety Applications).
® PremierCADTM ❑ Motorola®Computer Aided Dispatch ❑ CAD HP NonStopmSeries hardware
❑ RMS Infotrakn ❑ OBendertrekn ❑ trnageoakTM
❑ NORMS ❑ CRIS—Predecessor to NetRMS ❑ Cruiser—FBR Replacement
❑ Customer Service Request System ❑ Case Management System ❑ License Permitting System
❑ Enhanownents to Products ❑ Custom Software ❑ Mtegration Framework
® Premier MDC- ❑ ❑ AirMobilem
t(_T EE
GOLD ANNUALF
♦ 24 hours a day,7 days a week PPM
♦ Supplemental Releases
♦ Standard Releases
♦ Technical Support Services
♦ Product PremierCAD $ 1,a30.00
♦ Product PremierMDC t 1,317.00
MOTOROLA SOFTWARE SUPPORT TOTAL $ 3,147.00
OTHER AVAILABLE OPTIONS ANNUAL FEE
❑ Users Conference Attendance Year NumberAtbndeas Requested $
($Z6W per Attendee)
• Registration fee
• Ro umdtnp navel 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. MuftSystem Discount $ -76.00
Monthly Payment Option $ 255.75
Prepared by:Tanya Mansell,714-23S-2067,tanyamanseil@motorola.com
FULL TERM FEE GRAND TOTAL• $ 3.089.00
•Ekduabe d taxer a golimbb
MaSA No.001964-M 5 ver.11.13.07
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 r,- apply to Customers;with a current,active Maintenance and Support
reemoM. BMable rates a to services ided outside of the PPM.
HOURSI SERVICE .•
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
—ftreemenl
SERVICE HOURS LAE30R RATES
8 a.m.5 p.m. M-F(local time) $320 per hour, 2 hours minimum
Attar 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 no1654-ODO 8 ver.7.1e.07
Exhibit D
CURRENT BILLABLE RATES
MAINTENANCE AND SUPPORT AGREEMENT NO. 00195"00
CUSTOMER: Dania Beach Flre.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 a I to services rovided outside of the PPM.
: � •
M r-T-X?Ivj ram No •
$160 per hour,2 hours!minimuma.m:5 p.m. M-F (local time)After 5 p.m., Saturday, Sunday, Motorola Holidays $240 per hour, 2 hours nimum
The following rates apply to Customers without a current,active Maintenance and Support
A reement. maws
-
.
8 a.m 7pm7gaturday.
-F (local time) $320 per hour, 2 hours minimum
After 5 Sunday, Motorola Holidays $480 per hour, 2 hours minimum
allote: Above rates reflect labor rate only. Additional nd/or materials will be quoted at the time of customer request for services.es for on-site travel x�nses,third party expenses
ver.7.16.07
MBSA 001954-000 6