HomeMy WebLinkAboutContract 39633VMOTOROLA
Atin: National Service Support
1309 East Algonquln Road
Schaumburg, IL 60196
(800) 247-2.346
Date: 08/06/2009
vCNRACTly N 39
SERVICE AGREEMENT
Contract Number: S00001012975
Contract Modifier: RN01
Supercedes Agreement(s):
Company Name: FORT WORTH, CITY OF Required P.O.: Yes
Attn: Customer # : 1012858843
Billing Address: 1515 11th Ave Bill to Tag # : 0001
City, -State, Zip: Fort Worth, TX 76102 Contract Start Date: 10/01/2009
Customer Contact: Gary Smith Contract End Date: 09/30/2010
Phone: (817)392-6049 Anniversary Day: Sep 301h
Fax: Payment Cycle: ANNUAL
Tax Exempt: Exempt From All Taxes
PO # :
Qt Model/O tion Description MonthlyExt Extended
***** Recurring Services
VCOISVC1220C RADIO REPAIR SERVICE(RSA) $ 3,247036 $ 38,968.32
118 SVC542A MW800 CPU WITH OR W/O RADIO
118 SVC543AB MW800 DISPLAY
118 SVC544AB MW800 KEYBOARD
SPECIAL INSTRUCTIONS - ATracN sraTeMENr of woRX FOR
PERFORMANCE DESCRIPTIONS
received Statements of Work that describe the services provided on Ibis
Agreement. Motorola's Servke Terms and Conditions, a copy of which Is
attached to t;7 Service Agreement, is Incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNA
Karen L. �lantgomery
XORO � EPR�SATIVE (SIGNATURE)
MOTOROLA REPRESENTATIVE (PRINT NAME)
}
H I I V tYl�tl� Y
Subtotal - Recurrin4 Services
Subtotal -One-Time Event
Services
Total
Taxes
Grand Total
$ 3,247.3bj $ 38
$ .0
$3,247.36 $38
$ 3,247.36 $ 381
ATE AND LOCAL TAXING
�ERIFIE0 BY MOTOROLA-
Subcontractors
City
State
MOTOROLA RADIO SUPPORT
CENTER
ELGIN
IL
TITLE
TITLE (J
PHONE
Austad by.
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OFFtClA� t�ECORD
CITY St;CRETARY
Service Terms and Conditions
Motorola, 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 instal►ation, maintenance, support, training, and other services described
in this Agreement.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of
this Agreement begins on the "Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of
work or other document attached to this Agreement. At Customer's request, Motorola may also provide
additional services at Motorola's then -applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be
used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and
routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial Equipment, the additional equipment may be added to this Agreement and will be
billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is
added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial
and model number list of the Equipment. Customer must promptly notify Motorola in writing when any
Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for
this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
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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, with the approval of
Customer.
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 the transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment
with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of
liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer
will provide all information pertaining to the hardware and software elements of any system with which the
Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this
Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses
are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola
for those charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that
will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to
enable Customer's personnel to maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in
advance for each payment period. All other charges will be billed monthly, and Customer must pay each
invoice in U.S. dollars within twenty (20) days of the invoice date. Unless Customer established an
exemption from payment of taxes, 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.
Service Terms and Conditions. Rev 8.12.09.doc (CSA formatted)
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -
perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non-
conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE,
Section 10 DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-
performing party a written and detailed notice of the default. The non -performing party will have thirty
(30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and
begin implementing the cure plan immediately after plan approval. If the non -performing party fails to
provide or implement the cure plan, then the injured party, in addition to any other rights available to it
under law, may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred
pursuant to this Agreement, including payments which may be due and owing at the time of termination.
All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide
Services.
Section 11 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty,
negligence, strict liabty 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 four (4) 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
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
Service Terms and Conditions. Rev 8.12.09.doc (CSA formatted)
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. Notwithstanding the foregoing, until the
expiration of three (3) years after final payment under this Agreement, Customer shall have limited
access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of Motorola involving transactions relating to this Agreement at no additional
cost to the Customer. Motorola agrees that Customer shall have limited access during normal
working hours to all necessary Motorola facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
section. Motorola's books, documents, papers and records provided to Customer pursuant to this
provision shall not be used, duplicated or disclosed to any other third party without the express
written permission of Motorola. In no circumstances will Motorola be required to create or
maintain documents not kept in the ordinary course of Motorola's business operations, nor will
Motorola be required to disclose any information, including but not limited to product cost data,
which it considers confidential or proprietary to Motorola. Customer shall give Motorola 30 days
prior written notice of intended audits.
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, neither party will
hire, engage on contract, solicit the employment of, or recommend employment to any third party of any
employee of Motorola, Customer or Motorola's subcontractors without the prior written authorization of the
other party. 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.
Service Terms and Conditions. Rev 8.12.09.doc (CSA formatted)
a
Section to MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola
for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will
safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage
to this property, and return it to Motorola upon request. This property will be held by Customer for
Motorola's use without charge and may be removed from Customer's premises by Motorola at any time
without restriction.
Section 17 GENERAL TERMS
17.1, If any court renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the
laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond
that party's reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its
duties under this Agreement.
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.
Service Terms and Conditions. Rev 8.12.09.doc (CSA formatted)
Statement of Work
Prepared For
FART WQRTH, CITY OF
151511TH .�►.�TE
FORT yV'ORTH9 TX 76102
Statement of Work
Repair Service Advantage (Service Agreement)
End Users. .
1.0 Description
Repair Service Advantage provides board level service for the Equipntcnt that is specifically
named in the applicable agreement to which this Statement of Work (SOW) is attached or any of
the agreement's subsequent revisions. Services are performed at the Radio Support Center (RSC),
or Federal Technical Support Center.
In addition to Equipment specifically named in the applicable agreement to which this Statement
of Work is attached, Repair Service Advantage includes service on standard mobile palm
microphones and single mobile control heads provided that they are required for normal operation
of the Equipment and are included at the point of manufacture.
Repair Service Advantage oxcludes repairs to: optional accessories; nan-standard mobile
microphones; iDEN accessories; MEN mobile microphones; portable remote speaker
microphones; optional or additional control heads; mobile external speakers; single and multiple
unit portable chargers; batteries; mobile power and antenna cables; mobile antennas; portable
antennas, and power supplies. Engraving service is not covered under standard Repair Service
Advantage.
Repair Service Advantage is non -cancelable and non-refundable. Il' Equipment is added to the
agreement subsequent to the at Date, these units are also non -cancelable and non-refundable for
the agreement duration. All Equipment must be in good working order on the Start Date or when
additional Equipment is added to the agreement. Equipment may only be added to the agreement,
via acustomer signed or emailed Motorola Inventory Adjustment Form (IAF). Complete and
accurate serial numbers and model descriptions must be supplied.
All inventory adjustment requests for add -on subscriber units received prior to the 15(h of the
month will be effective the lst of the following month. Equipment add -on requests received after
the 15th of the month will he effective the 1 st of the next succeeding, month.
Equipment deletions from the agreement may only he deleted under the fallowing limited
conditions:
a) Equipment was stolen and proof of theft is provided to Motorola; or
b) Motorola determines Equipment is damaged beyond repair; or
c) Motorola determines Equipment is no longer supportable or is obsolete; or
d) Equipment had already been under a previous contract for at least the twelve month
requirement.
1quipment deletions, where applicable, will be effective at the end of the month in which the
requcst was received.
The teens and conditions of this Statement of Work are an integral part of the Motorola service
agreement or other applicable agreement to which it is attached and made a part thereof by this
reference. If there are any inconsistencies between the provisions of the Motorola service
a;rcement or other applicable agreement and this Statement of Work, the provisions of this
Statement of Work shall prevail.
i'
2.0 Motorola has the following responsibilities:
2. I Test and Rest%Mw the Equipment to Motorola 11tetory specitications, including Factory
Mutual (FM), and Mine Hazard Safety Association (MHSA).
2.2 Reprogram Equipment to original operating parameters based on the Customer template,
if retrievable, or from a Customer supplied backup diskette. If the Customer template or
code plug is not usable, a generic template or code plug utilizing the latest Radio Service
Software (RSS) or Customer Programming Software (CPS) version for that Equipment
will be used. The Equipment will require additional programming by the Customer to
Restore the original template. All Firmware is upgraded to the latest release for each
individual product line.
2.3 Clean external housing of the Equipment. External components of unit will only be
replaced when functionality, has beet* diminished.
2A Pay the outbound freight charges, Motorola will pay the inbound freight charges if the
Customer uses the Motorola designated delivery service.
2.5 Provide the Motorola repair request and Inventory Adjustment Form (IAF) via Motorola
On Line (MOL).
2.6 Process inventory, adjustment requests received by email or fax from Customer. If the
request is received by email, Motorola will email an acknowledgement to the sendcr.
23 Perform covered services as requested by Customer on the Motorola repair request form.
2.8 If applicable, notify Customer of changes in Motorola designated inventory adjustment
email address or fax number,
3.0 Customer has the following Responsibilities:
3.1 Supply Motorola complete and accurate serial numbers and model description.
3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for
inbound shipping
3.3 Access the Motorola repair request form and Inventory Adjustment Form (IAF) through
Motorola On Line (MOL).
3*4 Initiate service request via Motorola On Line (MOL) or complete a Motorola repair
request form with contract number referenced, and submit with each unit of Equipment
sent in for service, Mobile control heads or accessory items sent in must reference the
serial number of the main unit.
3.5 If desired, supply Motorola with a 3.5" backup diskette with the Software template or
programming in order to assist in returning the Equipment to original operating
parameters. This step must be completed for Equipment that will not power up. If
applicable, record the current flashcode for each radio.
3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to
operating condition, Customer is responsible for any programming required to Restore
Equipment to desired parameters.
3.7 Provide a signed or emailed Motorola Inventory Adjustment Form (IAF) for all
Equipment additions.
3.8 Local services or annual maintenance required for maintaining normal opetattion of the
equipment, unless specified on the service agreement.
Repair Service Advantage -Updated on 02-200T
Reviewed August 2007
Inventory Management Service
Statement of Work
Definitions
I.0 Dr;finitions
These defined terms might not apply to every Statement of Work. Capitalized terms below and
not otherwise defined within the Statement of Work, or in the Communications System Agreement
or other applicable agreement (collec(ively, "Agreement") have the following meanings:
l.1 13ox Unit Tcsr. Unit is. tested in a fixture that simulates the functions for which it was
designed, engineered, or manufactured to insure that it meets manufacturer specifications.
1.2 Case: Electronic tracking document for requests for service through the System Support
Center.
1.3 Case Status: Identifier of the status. of a Case from beginning to end. .
IA Component(s): Motorola new or refurbished parts of equal quality.
1.5 Configuration Change Support: A change in a user -defined parameter, which may
include a change in the placement of it dispatch console talkgroup window. Fleetmapping
is not is in Configuration Change Support.
1.6 Connectivity: Establishment of remote access to the System via dial up or fixed
dedicated links.
1.7 Continuously/Continuous: Seven (7) days per week, twenty-four (24) flours a day,
including holidays.
1.8 Customer: The end -user Customer as identified in the Agreement.
1.9 Customer Support Plan: A document mutually developed by Motorola and the Customer
that provides information about the Customer and the System and describes the specific
processes by which Motorola will deliver and the Customer will receive the services
described in this Statement of Work.
1.10 Elements: Those device types present on the Customer's System whose status may be
communicated to the SSC.
1. l 1 Equipment: The equipment specified in the Equipment List as set forth in the
Agreement, including any additions to the Equipment List during the Warranty Period.
1.12 Enhanced System Support (ESS) Period: The 12 month period commencing at the start
of the Warranty. Period 1'or Equipment and Software as defined by, the Agreement.
1913 Event: An alarm or informational notification received by Motorola through the Network
Management tools.
I. l4 Feature: A Software functionality.
1.1 S Federal Technical Center: A Motorola facility located in Lanham, Maryland, the purpose
of which is to serve as Motorola's centralized location for radio repair for United States
Federal Government Customers.
t.16 Firmware: Software in object code form that is implanted or embedded in hardware.
1.17 FRU: Field Replaceable Unit, typically a board or module, contained within the
Infrastructure.
1 A 9 infrastructure: The fixed Equipment excluding mobiles, portables, and accessories.
1.19 infrastructure Depot Operations (IDO): A Motorola facility, which serves as Motorola's
centralized location for infrastructure repair,
1.20 Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement
while the Customer's Infrastructure is being repaired.
1.21 Maintenance: The process for determining the cause of Equipment failure, removing,
repairing, or replacing Components necessary to conform the Equipment with the
manufacturer's specifications along with system -specific specifications, delivering and
reinstalling the Components„ and placing the Equipment back into operation,
1.22 MCNS: Mission Critical Network Services
l .23 Motorola Software: Software whose copyright is owned by Motorola or its affiliated
company
1.24 Non -Motorola Software: Software whose copyright is owned by a party other than
Motorola or its affiliated company..
1.25 Notification: The point in time when the Customer contacts Motorola and requests
service.
1.2E Optional Feature: An additional Feature issued with a System Release that is available to
Customer at additional cost.
1.27 Radio Support Center (RSQ: A Motorola facility which serves as Motorola's centralized
location for radio repair.
1.28 Response: The event when a technician, a remote systems technologist or a remote
network specialist begins actively to work on the technical issue, remotely or on -site, as
determined by Motorola.
I.29 Restore/Restoration/Restoral: The effort required to bring Equipment to the level for
which it was. designed, engineered and adjusted for performance in accordance with the
manufacturer's published specifications, although such Equipment may not necessarily be
oral functioning.
1.30 Servicer: A Motorola Authorized Service Station or Motorola Field Service personnel.
131 Severity Level: The degree of adverse impact of an issue or Event.
132 Software: The software furnished with the System, including any Motorola Software and
Non -Motorola Software.
1.33 Software License Agreement: The agreement or portion of an agreement pursuant to
which Motorola licenses Software to Customer, including System Releases.
1.34 Special Product Feature: A Feature that is specially developed for Customer and which
contains a functionality that is unique to Customer.
1.35 Standard Business Day: Monday through Friday., 8:30 a.m. to 4:10 p.m., local time,
excluding Motorola holidays.
1.36 Standard Feature: A software functionality for components of Customer's System that is
available to Customer in the standard software release
1.37 Start Date: Effective start date as listed on the Agreement.
1.38 System: The communications system as defined in the Communications System
Agreement or other applicable Agreement.
139 System Acceptance: Unless, otherwise defined in the Communications System
Agreement, the date upon which Motorola has successfully completed all of the System
Tests as described in the acceptance test plan.
1.40 System Support Center (.SSC): A Motorola facility which serves as Motorola's
centralized system support facility to compliment the field support resources
1.41 System Release: One software version release on a particular platform. ASTRO 25 6.3
example is where 6 is the platform indicator and .3 is software version release indicator.
1.42. System Test: Unit is. tested in a Motorola manufactured system of similar type from
which the unit was designed to test all functionality of the unit to insure that it meets
manufacturer specifications.
1 A3 Systemic: A recurring Software or hardware defect that significantly affects the
operation of the System.
1.44 Technical Support. Operations. (TSO): A centralized telephone support help desk that
provides technical support for Motorola customers who have purchased products from
Motorola (Networks & Enterpriseor who have a contract for technical support services.
1 A5 Vendor: Any manufacturer (other than Motorola}or third party that services or repairs
Infrastructure or subscriber equipment
t.46 Verification: Contacting the appropriate designated person to verify the System is
operational (original problem resolved) and closing the Case.
1.47 Work -around: A change in the followed procedures or data supplied by Vendor to avoid
error without substantially impairing use of the Equipment.
1.48 Work Flow: A step-by-step process including instruction or direction for routing,
handing, and processing inFormntion at a given agency.
bclini[ions
Approved by Motorola Conh•acts & Compliance 10-31.2006
M&C Review
City Co oncil Agenda FO RT WO RT InI
DATE:
CODE:
COUNCIL ACTION; Approved on 12115/20019
C TYPE:
C-23992 LOG NAME: 04MDC MAINTENANCE
NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Sole Source Service Agreement for the Maintenance of Public Safety Mobile Data
Computers with Motorola Communications for an Amount Not to Exceed $295,237.00
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Sole Source Service Agreement with Motorola Communications
for the maintenance of public safety mobile data computers for an amount not to exceed $295,237.00.
DISCUSSION:
The City's Police, Fire and City Marshal Departments utilize mobile data computers (MDC) in their vehicles. These computers are
used by officers and firefighters to access information such as dispatch details, criminal information databases, GPS mapping and
other information critical to the performance of their duties.
To ensure proper operation of the City's mobile computers, the City has contracted with the MDC manufacturer, Motorola
Communications, (Motorola) for maintenance services. Motorola is the documented sole source provider for service of these
MDCs. The City has negotiated maintenance rates directly with Motorola in order to achieve a higher discount than those available
under approved purchasing cooperatives.
M/WBE — An M/WBE goal is not assigned when making a purchase agreement with a provider identified as the sole source for the
required service.
AGREEMENT TERMS -Upon City Council approval, this Agreement will be effective October 1, 2009, and expire on September
30, 2010.
RENEWAL OPTIONS —This Agreement may be renewed for up to three additional one year terms at the City's option. This action
does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's
obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies funds'are available in the current operating budget, as appropriated, of the
General Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG01
539120
0361000
GG01
539120
0352440
38 968.32
256 267.80
http://apps.cfwnet.org/council packet/mc_review.asp?ID=12642&councildate=l2/15/2009 (1 of 2) [12/15/2009 4:54:27 PM]
M&C Review
Submitted for City Manager °s Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Karen Montgomery (6222)
Peter Anderson (8781)
Steve StIt; iffert (2221)
http://apps.cfwnet.org/council packet/mc_review.asp?ID=12642&councildate=l2/15/2009 (2 of 2) [12/15/2009 4:54:27 PM]