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Home My WebLink AboutContract 46299 CITY SECRETARY CONTRACT NO. . No. FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE CUSTOMER AGREEMENT (Purchase Order) This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between Motorola Solutions, Inc.("Vendor") and the City of Fort Worth, ("Customer" or "Authorized Customer"), a Texas local government entity, and a Customer as defined in Section Article 6 of the agreement between the Houston Galveston Area Council of Government (the "Entity") and Vendor, Contract No. RA05-12, as amended, (the "Entity Agreement") with an effective date of May 1,2012. This Customer Agreement shall be governed by the terms and conditions of the Entity Agreement, which is incorporated herein by reference and is available online at http://www.icomamerica.com/en/governmentsales/contracts/hgac/ContractBuiletinENDUSERS-TexasH-GAC12MAY.pdf or upon request from Vendor. The Entity Agreement expires on April 30, 2015. Authorized Customer is eligible and desires to purchase Upgrades to current NICE logging equipment to include: INFORM Upgrade to Version 6, NICE INFORM EVALUATOR-Quality Assessmtent, NICE INFORM REPORTER and the Network Attached Servers-Extended Online Storage Center pursuant to the terms and conditions of the Entity Agreement as the Entity may specify from time to time, as well as the terms and conditions of this Customer Agreement. Entity will only be responsible for services provided to Entity and will not be responsible for payments for services provided to any individual Customer. The Authorized Customer agrees to the terms and conditions of the Entity Agreement as applicable. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for goods and services provided hereunder. Vendor agrees that Customer shall be entitled to the same rights and protections under the law afforded to the Entity under the Entity Agreement, as applicable, as if Customer had entered into the Entity Agreement. Further, Vendor agrees that until the expiration of three (3) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to and the right to audit at reasonable times, all records of Vendor involving transactions relating to this Customer Agreement necessary to determine compliance therewith, at no additional cost to the Customer. Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all necessary Authorized Customer action by M&C P-11695 approved on 919/14. 1 Authorized Customer has caused this Customer Agreement to be executed by its duly aut orized representative to be effective as of the date signed below by Customer. Customer Name: City of Fort Worth Vendor Name: otorola SqUion , Inc. Authoriz d 51 gnature Authorized �na�re Prin me: Charles W. Daniels Printed Name: Edward Fuerst 1 Title:Assistant City Manager ®� ® Ie: MSSSJ Vice President Op000°00° 3. Date: /Z. .22• �¢ (j S°� o 12 2 3 \ Mbyr: 000000.- ° O Q Op p O A OFFICIAL RECORD Mary J. Kayser, City Secretary CITY SECRETARY RECEI VE p ®EC FT. `I H1 TX 2 9 P,�,/ �4 nR l`inio=c?lu S:�[u!itttts. lt�c. MOTOMOLA an,as ,rm,t. 4��t. November 21,2014 Jhonnie Ortiz—Manager Public Safety Communications City of Fort Worth 3000 W. Bolt Street Fort Worth,TX 76110 Dear Ms. Ortiz: Motorola Solutions Inc. is pleased to have the opportunity to provide the City of Fort Worth with quality communications equipment and services.The Motorola project team has taken great care to propose a solution to address your needs and provide exceptional value. To address the City's needs,Motorola's solution includes a combination of hardware,software, and services. Specifically,this solution is upgrading your current NICE logging equipment and the core solution covers the following: • INFORM Upgrade to Version 6 • NICE INFORM EVALUATOR- Quality Assessment o NICE INFORM REPORTER o Network Attached Servers-Extended Online Storage Center This proposal is subject to the terms and conditions in the enclosed HGAC Purchase Agreement (PA), or a negotiated version thereof,and is valid until 12/31/2014. Motorola Solutions would be pleased to address any concerns the City of Fort Worth may have regarding the proposal. Any questions can be directed to your Motorola Solutions Account Executive,Trevlyn Pitner, at(817) 470-1155. We thank you for the opportunity to fin-nish the City of Fort Worth with our dispatch logging solution and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry. Sincerely, MOTOROLA SOLUTIONS,INC. Jake Price Area Sales Manager North America Government Markets PURCHASE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this Z3 day 2014, by and between Motorola Solutions, Inc., a Delaware corporation duly authorized to conduct business in the State of Texas ("Motorola" or "Seller") and City of Fort Worth Texas, a municipal corporation of the State of Texas ("Purchaser"). WITNESSETH: WHEREAS,the Purchaser desires to purchase Communications products and services; and WHEREAS, Motorola desires to sell Communications products and services to Purchaser; and WHEREAS, Houston-Galveston Area Council ("H-GAC"), acting as the agent for various local governmental entities who are"End Users"under interlocal agreements (including the Purchaser) has solicited proposals for radio communications equipment and conducted discussions with Motorola concerning its proposal and, where applicable, in accordance with the competitive procurement procedures of Texas law; and WHEREAS, H-GAC and Motorola entered into that certain Contract dated as of May 30, 2012 (the "Contract"), which provided that End Users may purchase radio communications equipment from Motorola pursuant to certain terms contained therein; and WHEREAS, pursuant to Article 34 of the Contract, Motorola and Purchaser now wish to enter into this Purchase Agreement to delineate the specific terms of the purchase of radio communications equipment and services from Motorola by the Purchaser. THEREFORE, the parties hereby enter into an agreement pursuant to which Motorola shall perform the work and furnish the equipment and services as more fully set forth herein and in the following exhibits, which are either attached hereto or incorporated by reference and hereby made a part of this Agreement: Exhibit A General Provisions. Exhibit B Motorola Software License Agreement. Exhibit C Technical and Implementation Documents, consisting o£ System Description, Statement of Work, Warranty and Maintenance Plan and Pricing Summary, all dated January 7, 2014. Exhibit D Motorola/H-GAC Contract dated May 30,2012. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein,the parties agree as follows: City of Fort Worth,Texas - 1- Purchase Agreement 1/7/2011 NICE Upgrade Section 1 SCOPE OF WORK A. Motorola shall furnish all of the equipment and software as outlined in Exhibit C and provide the tools, supplies, labor and supervision necessary for the installation of the items purchased in accordance with Exhibit C. B. In addition to responsibilities described in the Statement of Work, Purchaser shall perform the following coincident with the performance of this Agreement: (1) Provide a designated Project Director. (2) Provide ingress and egress to Purchaser's facilities and/or sites as requested by Motorola. (3) Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the Purchaser. The Purchaser shall be solely liable for loss or damage to equipment prior to, during and following installation when such equipment is on or within Purchaser's facilities and/or vehicles. Section 2 PERIOD OF PERFORMANCE A. Whenever a party knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the work, the party shall within thirty (30) days give the other party notice thereof and may request an extension of time to perform the work. B. In order to successfully integrate and implement this project, shipments will be made F.O.B. Destination to Purchaser facilities, local Motorola staging facilities, warehousing facilities, or any combination thereof. It is agreed that this plan is acceptable to Purchaser and that Motorola will advise prior to shipment of actual destination and that Purchaser will accept shipment, and make payment as required by this Agreement. C. It is also agreed that equipment shipping dates reflected in this Agreement are estimates only, and that shipment may be made at any time prior to, or subsequent to these estimated shipping dates. Section 3 PAYMENT SCHEDULE A. Motorola agrees to sell all of the equipment and perform the services as outlined in the Scope of Work, and Purchaser agrees to buy the aforementioned equipment and services for the sum of One Hundred Fifty Four Thousand Two Hundred Sixteen Dollars ($154,216.00), which includes the H-GAC administration fee. The final price may be adjusted by change orders approved pursuant to Statement of Work attached hereto as Exhibit"C". B. Payments to Motorola shall be made according to the following milestones: 1. 20% of the total contract price is due when Purchaser executes this Agreement; City of Fort Worth,Texas -2- Purchase Agreement 1/7/2014 NICE Upgrade 2. 70% of the total contract price will be invoiced immediately after the Equipment is shipped from Motorola's facilities; 3. 10% of the total contract price will be invoiced immediately upon completion of the project. Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable. C. In the event of failure or delay by the Purchaser in providing sites, space, approvals, licenses, or any other Purchaser obligations required preceding delivery of Motorola equipment, it is agreed that Motorola, at its sole discretion, may ship equipment as planned and that the Purchaser will accept the equipment and make payment in accordance with the terms of this Agreement. Any additional costs incurred by Motorola for storage of equipment will be invoiced and paid by Purchaser. D. Payments to Motorola shall be made as follows: (i) Motorola shall immediately forward an invoice for the payment requested in Section 6(B) above to Purchaser. (ii) Purchaser shall pay the Motorola invoice within thirty (30) calendar days of receipt. E. Motorola will pay H-GAC's administrative fee in accordance with the payment terms of Motorola/H-GAC Contract dated May 30, 2012. F. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the date as set forth above and continues until the date of project completion or expiration of the Warranty Period, whichever occurs last. Section 4 PROJECT MANAGEMENT A. If the size or complexity of the project warrants, Motorola will assign a Project Manager, who is authorized to exercise technical direction of this project. Motorola, at any time, may designate a new or alternate Project Manager with written notice to Purchaser and H-GAC. B. All matters affecting the terms of this Agreement or the administration thereof shall be referred to Motorola's cognizant Contract Administrator who shall have authority to negotiate changes in or amendments to this Agreement. City of Fort Worth,Texas -3- Purchase Agreement 1/7/2014 NICE Upgrade Section 5 NOTICE ADDRESSES A. Motorola Solutions, Inc. 1303 East Algonquin Road Schaumburg, IL 60196 Attn.: Law Department B. City of Fort Worth 1000 Throckrnorton Street Fort Worth, TX 76102 With a copy to City Attorney At same address C. Houston-Galveston Area Council 3555 Timmons Lane, Suite 120 Houston, Texas 77027 Attn.: Public Services Manager Section 6 ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved in the following order: The main body of this Agreement. Exhibit A General Provisions. Exhibit B Motorola Software License. Exhibit C Technical and Implementation Documents, consisting of. System Description, Statement of Work, Warranty and Maintenance Plan and Pricing Summary, all dated January 7, 2014. Exhibit D Motorola/H-GAC Contract dated May 30, 2012. Section 7 DISPUTES Motorola and the Purchaser will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and the Purchaser within thirty (30) days after written notice by one of the parties demanding non-binding mediation. Neither party may unreasonably withhold consent to the selection of a mediator. Motorola and the Purchaser will bear their own costs but will share the cost of the mediator equally. By mutual agreement, however, Motorola and Purchaser may postpone mediation until both parties have completed some specified but limited discovery about City of Fort Worth,Texas -4- Purchase Agreement 1/7/2014 NICE Upgrade the dispute. The parties may also agree to replace mediation with some other form of non- binding alternate dispute resolution procedure ("ADR"). Any dispute which cannot be resolved between the parties through negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Texas. Both Motorola and Purchaser consent to jurisdiction over it by such a court. All communications pursuant to the negotiation and mediation will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of any ADR procedures will not be considered under the doctrine of laches, waiver or estoppel to affect adversely the rights of either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if(a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. Section 8 SEVERABILITY If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision or portion of such provision shall be considered severable, and the remainder of this Agreement shall not be affected. Section 9 HEADINGS AND SECTION REFERENCES The headings given to the paragraphs are inserted for convenience only and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers. Section 10 SURVIVAL OF TERMS The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3 (Payment Schedule) if any payment obligations exist; Section 6 (Order of Precedence); Section 7 (Disputes); Section 8 (Severability); Section 9 (Headings and Section References); Section 10 (Survival of Terms) and Section 1 I (Full Agreement). City of Fort Worth,Texas -5- Purchase Agreement 1/7/2014 NICE Upgrade Section 11 FULL AGREEMENT This Agreement and its Exhibits constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature shall be treated as and shall have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may not be altered, amended, or modified except by written instrument signed by duly authorized representatives of the parties. The preprinted terms and conditions found on any Purchaser purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each party signs that document. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of,the last day and year written below. MOTOROLA SOLUTIONS,/ PURCHASER By: By: • gnature) (Signature) Name: C'�'W 4r� Name: Charles W. Daniels (Print-Block Letters) (Print-Block Letters) Assistant City Manager Title: �SSS � V �� Proms, n Title: tY g (Print-Block Letters) (Print-Block Letters) Date: 12 1 Date: 12'. 22. l¢ Attest: Recommended Ap roval: W L Mary Kayser effrey Halstead City Secretary F®� Attest to Form and Legality: 000000000000 M&C: P-11695 ®o° �0- Date: 9/9/14 Qg �® es a Sangs ang 0;V° 8 y Assis ant City Attorney 0 �S OFFICIAL RECORD CITY SECRETARY Purchase Agreement v7i2o 14 City of Fort Worth,Texas -6- �,i WORTH, g NICE Upgrade f EXHIBIT A GENERAL PROVISIONS MOTOROLA SOLUTIONS, INC. Section 1 STANDARDS OF WORK Motorola agrees that the performance of work described in this Agreement and pursuant to this Agreement shall be done in a professional manner and shall conform to professional standards. All packaging and packing shall be in accordance with good commercial practice. Section 2 TAXES The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. If any taxes are determined applicable to this transaction or Motorola is required to pay or bear the burden thereof, the Purchaser agrees to pay to Motorola the amount of such taxes and any interest or penalty thereon no later than thirty (30) days after receipt of an invoice therefor. Section 3 SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. Destination. Motorola reserves the right to make deliveries in installments and the Agreement shall be severable as to such installments. Title to the equipment shall pass to the Purchaser upon receipt at the F.O.B. Destination. After delivery to the F.O.B. Destination, risk of loss and damage to the articles shall be borne by the Purchaser. The above notwithstanding, title to software and any third party supplied software shall not pass upon payment of the license fee therefor or under any circumstances. Section 4 CHANGES IN THE WORK A. The Purchaser may, at any time, by written order, make changes within the general scope of the work, including but not limited to revisions of, or additions to, portions of the work, or changes in method of shipment or packaging and place of delivery. B. If any order under this Section 4 causes an increase or decrease in the cost of or time required for the performance of any part of the work under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Motorola is not obligated to comply with any order hereunder unless and until the parties reach agreement as to the aforementioned equitable adjustment and same is reflected as an addendum to this Agreement. City of Fort Worth,Texas - 1 - Purchase Agreement 1/7/2014 NICE Upgrade Section 5 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability whether for breach of contract, warranty, negligence, indemnification, strict liability in tort or otherwise, is limited to the price of the particular products or services sold hereunder with respect to which losses or damages are claimed. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action shall be brought for any breach of this contract more than two (2) years after the accrual of such cause of action except for money due upon an open account. Section 6 EXCUSABLE DELAYS A. Neither Motorola nor the Purchaser shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but are not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; or any other conditions beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in the Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 7 DEFAULT If either party fails to perform a material obligation under this Agreement, the other party may consider the non-performing party to be in default (unless such failure has been caused by the conditions set forth in Section 6 of these General Provisions) and may assert a default claim by giving the non-performing party a written and detailed notice of the default. Except for a default by Purchaser for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting parry will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting party will begin implementing the cure plan immediately after receipt of notice by the other party that it approves the plan. If Purchaser is the defaulting party, Motorola may stop work on the project until it approves the Purchaser's cure plan. If the non- performing party fails to cure the default, the performing party may terminate any unfulfilled portion of this Agreement and recover damages as permitted by law and this Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, LIQUIDATED, . SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. City of Fort Worth,Texas -2- Purchase Agreement 1/7/2014 NICE Upgrade Section S DELAYS BY PURCHASER If the Purchaser is responsible for delays in the schedule set forth in the Agreement, the Purchaser shall be liable for actual costs incurred by Motorola resulting from these delays if Motorola requests compensation. Such charges may include, but are not limited to, additional Engineering; rescheduling charges; storage charges; maintenance charges; and transportation charges. The Purchaser shall have the option to attempt to minimize actual costs incurred by storing and transporting equipment at its own expense. Such delays will be subject to an Agreement addendum as described in Section 4. Section 9 LICENSES/AUTHORIZATION The Purchaser is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither Motorola nor any of its employees is an agent or representative of the Purchaser in FCC matters or otherwise. Motorola, however, may assist in the preparation of the license application at no charge to the Purchaser. Purchaser acknowledges that project implementation is predicated on receipt of proper FCC licensing. Section 10 INDEMNIFICATION Motorola agrees to and hereby indemnifies and saves Purchaser harmless from all liabilities,judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the Purchaser by reason of or on account of damage to the tangible property of the Purchaser or the property of, injury to, or death of any person, to the extent and in the proportion that such damage or injury is caused by Motorola's negligent acts or omissions or that of its employees, subcontractors, or agents while on the premises of the Purchaser during the delivery and installation of the communications equipment. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. Section 11 WARRANTIES A. WARRANTY PERIOD. The Equipment and Motorola Software is warranted for a period of one (1) year after shipment ("Warranty Period") in accordance with the applicable limited warranties shown below. B. EQUIPMENT WARRANTY. Motorola warrants the Equipment against material defects in material and workmanship under normal use and service during the Warranty Period. Unless otherwise specified in writing, the Warranty Period for non-Motorola manufactured Equipment will be as stated in this Section. At no additional charge and at its option, Motorola will either repair the defective Equipment, replace it with the same or equivalent Equipment, or refund the purchase price of the defective Equipment, and such action on the part of Motorola will be the full extent of Motorola's liability hereunder. Repaired or replaced Equipment is warranted for the balance of the original applicable warranty period. All replaced parts of the Equipment shall become the property of Motorola. City of Fort Worth,Texas -3- Purchase Agreement 1/7/2014 NICE Upgrade THIS WARRANTY DOES NOT APPLY TO a) Defects or damage resulting from use of the Equipment in other than its normal and customary manner. b) Defects or damage occurring from misuse, accident, liquids, neglect or acts of God. C) Defects or damage occurring from testing, maintenance, installation, alteration, modification, or adjustment not provided by Motorola pursuant to this Agreement. d) Breakage of or damage to antennas unless caused directly by defects in material or workmanship. e) Equipment that has been subjected to unauthorized modifications, disassembly or repairs (including the addition to the Equipment of non- Motorola supplied equipment if not authorized by Motorola) which adversely affect performance of the Equipment or interfere with Motorola's normal warranty inspection and testing of the Equipment to verify any warranty claim. f) Equipment that has had the serial number removed or made illegible. g) Batteries (because they carry their own separate limited warranty). h) Freight costs to the repair depot. i) Equipment that has been subject to illegal or unauthorized alteration of the software/firmware in the Equipment. j) Scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment. k) Software. 1) Normal or customary wear and tear. C. Motorola Software Warranty. Motorola Software is warranted in accordance with the terms of the Software License Agreement attached as Exhibit B. D. These express limited warranties as set forth in this Section are extended by Motorola to the original end user purchasing or leasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. These are the complete warranties for the Equipment and Software provided pursuant to this Agreement. City of Fort Worth,Texas -4- Purchase Agreement 1/7/2014 NICE Upgrade E. THESE WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. Section 12 CONFIDENTIAL INFORMATION Motorola proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere, if applicable. All other material and information of confidential nature marked Motorola PROPRIETARY and/or CONFIDENTIAL will be released as necessary under the following conditions: (1) Purchaser shall exercise reasonable and prudent measures to keep these items in confidence. (2) Purchaser shall not disclose these items to third parties without prior written permission, unless Motorola makes them public or Purchaser learns them rightfully from sources independent of Motorola, or it is required by law to be disclosed. (3) Motorola, where necessary, retains the right to prescribe specific security measures for the Purchaser to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non-Disclosure Agreement will be required. Section 13 SOFTWARE LICENSE A. Motorola Software. Any Motorola Software furnished will be licensed to Purchaser solely according to the terms and restrictions of the Software License Agreement attached as Exhibit B. Purchaser hereby accepts all of the terms and restrictions of the Software License Agreement. B. Non-Motorola Software. Any Non-Motorola Software furnished by Motorola will be subject to the terms and restrictions of its copyright owner unless such copyright owner has granted to Motorola the right to sublicense such Non-Motorola Software pursuant to the Software License Agreement, in which case the Software License Agreement (including any addendum to satisfy such copyright owner's requirements) shall apply and and the copyright owner will have all of Motorola's rights and protections under the Software License Agreement. City of Fort Worth,Texas -5- Purchase Agreement 1/7/2014 NICE Upgrade Section 14 PATENT INDEMNIFICATION A. Motorola will defend at its expense any suit brought against Purchaser to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon: Purchaser promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Purchaser providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Purchaser by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. B. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Purchaser the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Purchaser a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. C. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Purchaser's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Purchaser to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Purchaser extend in any way to royalties payable on a per use basis or the Purchaser's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Purchaser from sales or license of the infringing Motorola Product. D. This Section 14 provides Purchaser's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Purchaser has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 5. City of Fort Worth,Texas -6- Purchase Agreement 1/7/2014 NICE Upgrade Section 15 DISCLAIMER OF PATENT LICENSE Nothing contained in this Agreement shall be deemed to grant, either directly or by implication, estoppel, or otherwise, any license under any patents or patent applications of Motorola, except that Purchaser shall have the normal non-exclusive royalty-free license to use that is implied, or otherwise arises by operation of law, in the sale of a product. Section 16 WAIVER Failure or delay on the part of Motorola or Purchaser to exercise a right or power hereunder shall not operate as a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving parry. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. Section 17 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Section 18 ASSIGNABILITY 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 Purchaser. 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 parry 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. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.. Section 19 SURVIVAL OF TERMS The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2 (Taxes); Section 5 (Limitation of Liability); Section 7 (Default); Subsection 11.E (Disclaimer of Implied Warranties); Section 12 (Confidential Information); Section 13 (Software License); and Section 16 (Waiver); Section 17 (Governing Law) and Section 19 (Survival of Terms). City of Fort Worth,Texas -7- Purchase Agreement 1/7/2014 NICE Upgrade Exhibit B Software License Agreement This Exhibit B, Software License Agreement("Agreement")is between Motorola Solutions,Inc., ("Motorola"), and City of Fort Worth Texas("Licensee"). For good and valuable consideration,the parties agree as follows: Section 1 DEFINITIONS 1.1 "Designated Products"means products provided by Motorola or other suppliers to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "Documentation"means product and software documentation that specifies technical and performance features and capabilities, and the user,operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software"means software with either freely obtainable source code, license for modification,or permission for free distribution. 1.4 "Open Source Software License"means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement"means the agreement to which this exhibit is attached. 1.6 "Security Vulnerability"means a flaw or weakness in system security procedures, design, implementation,or internal controls that could be exercised(accidentally triggered or intentionally exploited)and result in a security breach such that data is compromised,manipulated or stolen or the system damaged. 1.7 "Software"(i)means proprietary software in object code format, and adaptations,translations, de- compilations, disassemblies, emulations,or derivative works of such software; (ii)means any modifications,enhancements,new versions and new releases of the software provided by Motorola;and (iii)may contain one or more items of software owned by a third party supplier. The term "Software"does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee,and Licensee's use of the Software and Documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees,Motorola grants to Licensee a personal, limited,non-transferable(except as permitted in Section 7)and non- exclusive license under Motorola's copyrights and Confidential Information(as defined in the Primary Agreement)embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. City of Fort Worth,Texas - 1 - Purchase Agreement 1/7/2014 NICE Upgrade 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software,the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee,Motorola will use commercially reasonable efforts to: (i)determine whether any Open Source Software is provided under this Agreement;(ii)identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License(or specify where that license may be found);and,(iii)provide Licensee a copy of the Open Source Software source code,without charge,if it is publicly available(although distribution fees may be applicable). Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a"time sharing," "application service provider," or"service bureau"basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i)reverse engineer, disassemble,peel components, decompile,reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii)modify, adapt,create derivative works of, or merge the Software; (iii)copy,reproduce,distribute,lend, or lease the Software or Documentation to any third party,grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain;(iv)remove,or in any way alter or obscure,any copyright notice or other notice of Motorola's proprietary rights;(v)provide,copy,transmit,disclose,divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement;or(vi)use,or permit the use of,the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival,back-up, or disaster recovery purposes;provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing,Licensee will not, and will not enable or allow any third party to: (i)install a licensed copy of the Software on more than one unit of a Designated Product; or(ii)copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning,if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4. When using Motorola's Radio Service Software("RSS"),Licensee must purchase a separate license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use RSS upon Motorola's request. 4.5 The license for Cityworks or Purchaser Service Request Software is for the use of the Software with the Designated System or for the specified number of Concurrent Users for which it was provided,the purpose for which it was designed and only for the application specific use covered by this Agreement, or the Primary Agreement. This license does not allow access to the Software through other Designated Systems except as specifically permitted. "Concurrent User"means the maximum number of concurrent City of Fort Worth,Texas -2- Purchase Agreement 1/7/2014 NICE Upgrade connections to Software authorized by this Agreement or the Primary Agreement at any one instance in time. "Designated System"means the computer hardware and operating system configuration specified in the Primary Agreement for which the Software is licensed for use. Additional Designated System licenses are required for communication with additional instances of a database or additional databases. 4.6. Licensee will maintain,during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party("Auditor")may inspect Licensee's premises,books and records,upon reasonable prior notice to Licensee,during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor.Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola,its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software-and Documentation, including,but not limited to,all rights in patents,patent applications, inventions, copyrights,trademarks,trade secrets,trade names,and other proprietary rights in or relating to the Software and Documentation(including any corrections,bug fixes,enhancements,updates, modifications, adaptations,translations,de-compilations,disassemblies,emulations to or derivative works from the Software or Documentation,whether made by Motorola or another party,or any improvements that result from Motorola's processes or,provision of information services). No rights are granted to Licensee under this Agreement by implication,estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software,Designated Products,Documentation or related services,remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of ninety(90) days from Motorola's shipment of the Software(the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement,Motorola warrants that the unmodified Software,when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted,error-free,completely free of Security Vulnerabilities,or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant,demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time,then at Motorola's option,Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective,or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of,and Motorola disclaims,any and all other warranties(express or implied,oral or written)with respect to the Software or Documentation,including,without limitation,any and all implied warranties of condition,title,non- City of Fort Worth,Texas -3- Purchase Agreement 1/7/2014 NICE Upgrade infringement,merchantability,or fitness for a particular purpose or use by Licensee(whether or not Motorola knows,has reason to know,has been advised,or is otherwise aware of any such purpose or use),whether arising by law,by reason of custom or usage of trade,or by course of dealing. In addition,Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party,Licensee may assign its right to use the Software(other than RSS and Motorola's FLASHport®software)which is embedded in or furnished for use with the radio products and the related Documentation;provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola,unless Licensee breaches this Agreement,in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty(30)days after termination of this Agreement,Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development,marketing,and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement,Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity(including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee's use,duplication or disclosure of the Software and Documentation under Motorola's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1)and(2)of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987),if applicable,unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense,Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph(c)(1)(ii)of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice,or other notice referring to this Agreement. The provisions of this Agreement will continue to apply,but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. City of Port Worth,Texas -4- Purchase Agreement 1/7/2014 NICE Upgrade Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and confidential information and are Motorola's trade secrets. Licensee will not disclose the Software and Documentation to any third party except as permitted by this Agreement or expressly in writing by Motorola or as required by Texas law. Licensee will take necessary and appropriate precautions to maintain the confidentiality and guard against the unauthorized disclosure of the Software and Documentation. Licensee will limit access to the Software and Documentation only to Licensee's employees who"need to know"and are authorized to use the Software and Documentation as permitted by this Agreement. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not,without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export,sell or resell,ship or reship,or divert,through direct or indirect means,any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action,requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement,or encumber or sell its rights in any Software,without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity,or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act,or a substantially similar law(collectively"UCITA")becomes applicable to a party's performance under this Agreement,UCITA does not govern any aspect of this Agreement or any license granted under this Agreement,or any of the parties'rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.4,7, 8,9, 10, 11 and 13 survive the tennination of this Agreement. City of Fort Worth,Texas -5- Purchase Agreement 1/7/2014 NICE Upgrade 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement,the parties agree that this Exhibit prevails,only with respect to the specific subject matter of this Exhibit,and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered,Motorola will take the steps set forth in Section 6 of this Agreement. City of Fort Worth,Texas -6- Purchase Agreement 1/7/2014 NICE Upgrade Exhibit C Technical and Implementation Documents City of Fort Worth,Texas -7- Purchase Agreement 1/7/2014 NICE Upgrade CITY OF / 'T WORTH JANUARY " $ f 3 yq e iy3 r o i MOTOROLA The design,technical,pricing,and other information('Information")furnished with this submission is proprietary information of Motorola Solutions,Inc. ("Motorola")and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law,the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA,MOTO,MOTOROLA SOLUTIONS,and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license.SYMBOL is a trademark owned by Symbol Technologies,Inc.,which is a wholly owned subsidiary of Motorola Solutions,Inc.All other trademarks are the property of their respective owners.©2013 Motorola Solutions,Inc.All rights reserved. REF/Control No.TX-13P100A 0 � 0 F� T�� ^ Section System 1-1 D8SCrD�oD-----------------------------------------. 11 Assumptions and City of Fort Worth General Responsibilities...........................................1-4 1.1.1 Networking Considerations and Responsibilities ...........................................................1-4 1-5 11.2 Logging 8vot8DlDenl8[c@tOnPoint--------------------------. 1.1.3 Equipment Interface City of Fort Worth Responsibilities. ---------'-----.1-5 1-0 1.2 EDVirUn[n8Dt8| --------------------------------------' 1-8 1.2.1 H\/A�� ReqU|PeDleDtS---------------------------------- 12.2 Ceiling Height and Cable Tray Requirements.................................................................1-O 1-7 1.3.3 Becthca| and {�rounding Requ|nennenta------------------------. 1-O 1.3 EqUipDl8rdList --------------------------------------. 1.3] |Df0[D1@R0.O Upgrade with Q/\ Bundles ' NO Hardware...............................................1-8 1-8 1.3.2 Storage (�anterand N/\S Eouipnnant -------------------------' Section 2 2,1 SvateDlO[8vV|DQS------------------------------------------. Section 3-1 Gt8tenleOtOf\8h}[h.'—.'----.'—.—.'---'—.'—.--'—.----.—.—.—...'.—.-----'—.— 3-1 3.1 Introduction --.—.---'..—.----'—..---.—.—.----.—.'—.—.—.--..--.—.—' 3-1 3.2 /\GSUnoot|oDS'—.'--'--.-----.—.----.'--'—'--'—.--'—..'—.''---.— 3-2 3.3 CoDtc@ot.—'--''—.----.—..--.----.—.''—.''.—.--''—.----.''—.'--.— �� 3.3.1 (�Ont[8Ct/\vv8nd (k4i|eStoO8)''-----.'—''—.—.—.—.—'—.—.—.---..'---'.—.. 3� 3.8.2 (�oOtngCt/\dDliDiGt�tioD—''..—'-----.—.—'—...---.—.'.—.--'—...''—..—.'— 3.3.3 Project Kickoff..'---'.—.----.'—.-----'—.—.—.—.—..—.--'''—.'—..--'3-2 �� 3.4 Contract Design R8viBVv ((�OF<).—.--'—.—.'--.—...---.--.—.--.—'..---'--' 3-3 3.4.1 R8VioVV Contract C)8oigO--...--.---.'—.'—.'--.—.''—.—..—.—.'------.—. 34 3.4.2 Design Approval (��i|eStoDS) .—..'—.---.—.—.-----'—.'—..—.—.'—.'---..'— 34 3.5 {JPd8[ Processing '---.'.-----.'—.--.--'---.—..—.—.--'—.''.—.'.—..—..' 34 3.5.1 Process EqUip[O8Otlist.—.---''—.---'--'—'.—.--.'—.—.—.—.'----.--' 3'5 3.6 K8oDUhaCtU�Dg .—.—..'—.'—..—..--.—.'—.--'—.—''---.---.—.—..----'—.—' 3.81 MonUfoCtUP8 K8Ot0rO|8 Fixed N8twx}[h Equipment..........................................................3-5 �� 3.02 K�oDUfoCtUr8Non-Motorola EoUiprnBOt ------------------------' 3.0.3 Ship Equipment t0 Field .................................................................................................o-o 3� 37 Svate[O |Olp|e[DeOtnUOn---------------------------------- 3.7.1 Equipment Installation....................................................................................................u-v �� 3I2 Fnuipno8Dt |DSt@U8U0D (�0DOp|etS---------------------------- 87.3 System Installation Acceptance (Ni|8St0ne)............................................................ ......3-7 �� 3.8 T[3iniOg ------------------------------------------ �� 3.O1 Pe�O0OTraining------------------------------------. �um� m�vnmWo� use or is subject w�s|mron�u uo proposal~"'- mmmmomuwnovnmo cover page. n�rmvnon|wo�n�1np1ou* Table nfContents / � ' Momm�no�bhnoCvn�enba/Rovo��d �� 3.8.2 Training Complete..........................................................................................................3-8 3.9 Acceptance Testing............................................................................................................3-8 3.9.1 Product System Testing.................................................................................................3-8 3.9.2 System Acceptance Test Procedures Milestone 3-8 3.10 Finalize...............................................................................................................................3-8 3.10.1 Cutover.......................................................................................................................3-8 3.10.2 Resolve Punchlist.......................................................................................................3-9 3.10.3 Transition to Service/Project Transition Certificate.....................................................3-9 3.10.4 Finalize Documentation..............................................................................................3-9 3.11 Final Project Acceptance (Milestone)...............................................................................3-10 3.12 Project Administration ......................................................................................................3-10 3.12.1 Project Status Meetings ...........................................................................................3-10 3.13 Change Order Process ....................................................................................................3-11 Section 4 Warrantyand Services Plan ..............................................................................................................4-1 4.1 Warranty Services..............................................................................................................4-2 4.2 Post-warranty Services ......................................................................................................4-3 Section 5 PricingSummary.....................................................................................................................:..........5-1 Section 6 Termsand Conditions........................................................................................................................6-1 January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade to the restrictions on the cover page. REF/Control No.TX-13P100A ii Table of Contents Motorola Solutions Confidential Restricted SECTION � � Motorola, Inc. and NICE e` �. ��a�� d� unppoob/zthe 9ll recording' for the Chv [Pod\Nord/. This jec1ia designed toprovidoudddkoou1 tuuu1ionu- ' and features to the City of Fort Worth existing logging recorder system. b adds the ability to evaluate not only a single call, but also an entire incident with the latest released, Inform 0nuU, /\aourunoonnodoiocalled D�F{}D1�E\/AJ�O,�TOR. ��dbthis oapuhU�v,rnuougunoon1can - unhut/o\iu||vnaoreinuichtubonttkoiucideuthundlingpruueoa; idcotiFvhumtpruotiooauoduroua gain requiring attention' and improvement. It also provides operators with self-evaluation tools 10 help thnzuzn- hortheir own performance with immediate feedback. ln addition, extended online storage (2zNU\S devices)for audio traffic has been included. The core solution covers the following: ° INFORM Upgrade to\/oroiou 6. * NICE INFORM EVALUATOR' Quality Assessment. * NICE INFORM REPORTER. * Network Attached Servers-Extended Online Storage Center. 'Details of the itemized proposal are listed below under system components. E0mergencyHSeir ��qiy�rn��t�� Motorola and NICE Systems, Inc. understands the user requirements to include,u1 minimum, each of the following: • System must be able to capture and provide enhanced search capabilities of phone traffic from multiple client replay stations on the City of Fort Worth Network to help optimize emergency response performances 6v using the NICE INFORM quality assessment application. • System must be able to offer emergency response users the ability to attain xuooaa of enhanced incident information based ou granted security permissions. �y��Mn C�x�r/i�vV �D��h��ion: This module allows PSAP managers to measure the performance of call takers based on a set of predefined KPIs. This enables PSAPs to gain an understanding of how call takers and dispatchers perform throughout oo entire incident and how they can improve. Performance Assessment— Evaluator be6noPS�J,o assess the quo|hxof responses for uUforms ofinoonuingdata, including voice,tox�video, radio and GIS. Individualized Training Programs—based ou identified knowledge gaps and necessary areas of improvement, customized training programs can be created to help operators improve their skills. Skills Monitoring—managers can track how call takers and dispatchers acquire new skills and adhere io the procedures related toTcu(-to'9l| and N{}9-l'l. City of Fort Worth January?r. 2014 u000roioo|ooummmixvmnvoa|m ouNom w|oe|mron�upom«» mm*mvmm|onnonm*ovv*,puo* n�ncvn�m|wo�n�1np1ou^ . Motorola Solutions Confidential Restricted System Description /'/ �� ,ijCx I Ni Ft iyjI C)A, The NICE INFORM QA(Figure 1-1) application provides the most comprehensive solution in the market for capturing and analyzing interactions to enable organizations to drive performance, enhance operational efficiency and ensure regulatory compliance,while maintaining low total cost of ownership(TCO). It provides organizations with critical operational and training requirement insights through unified solutions for compliance recording, quality management, interaction analytics and call taker coaching. Figure 1-1: Nice INFORMQA The core highlights of the proposed Motorola INFORM EVALUATOR QA bundle are as follows: NICE 3ia FO WJl QA SY,"DT�.A Ct .NIF'OiN N S • INFORM Upgrade to v6.0. — NICE Inform voice channel license upgrade from R5 to R6. — NICE Inform Professional User Registration Application concurrent user license. — NICE Inform Professional Reconstruction application concurrent user license upgrade from R5 to R6. — NICE Inform Professional Monitor application concurrent user license upgrade from R5 to R6. — NICE Inform Professional Organizer application concurrent user license upgrade from R5 to R6. — NICE Inform Professional Media Player license upgrade from R5 to R6. • NICE INFORM EVALUATOR Package for Public Safety. — 90 x named NICE Inform Quality Assessment Agent License. — 15 x concurrent license NICE Inform Evaluator application one concurrent user license. • Reports Package— 1 x concurrent license. City of Fort Worth January 7,2014 Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-1 3P1 OOA to the restrictions on the cover page. 1-2 System Description Motorola Solutions Confidential Restricted • Public Safety log-in application(free seating for non CTI environments), license per NICE Perform CLS. • Installation&User Manual. • NICE QA Specialist Training. Finally,the solution will also include an application, called Storage Center,to be loaded on a supplied utility server, allowing audio to be backed up online for a pre-determined time frame. NICE Storage Center is a cost-effective archival management system that enables users to define which of the captured interactions to archive, along with their target location and storage period. A single NICE Storage Center can support multiple capturing units of different types. Its redundancy capabilities together with the ability to leverage existing storage resources offer a robust solution for organizations that need high availability and disaster recovery solution. Whether organizations are searching for a turnkey solution, or prefer to use the storage devices they already have in place,NICE Storage Center offers something that is right for their organization. 8Ei%]2E F1..1, • Efficient—Efficient allocation of storage space across multiple sites and platforms. • Centralization—Centrally manages interactions across multiple capturing units and locations for multi-site deployments without the need to manage each site separately. • Open—leverages enterprise storage resources in any architecture such as Network A -ac'no 13t vage (N AS), • Robust—leverages NICE Storage Center's redundancy capabilities for high availability and disaster recovery. • Automated archiving—Eliminates manual and time consuming tape management by automating archiving and retention of interactions, based on business needs. • Lowers TCO—Automated archiving and storage migration while leveraging existing storage resources. • Improves reliability—Avoids issues related to faulty archiving media by fully benefiting from the use of a dedicated disk-based storage solution • Fast retrieval—Automatically retrieves archived interactions upon request without the need for human intervention and with full user transparency. • Compliance- Meets regulatory requirements for disaster recovery,business continuity planning (BCP)and data retention. • Safeguards investment—Easy to move to newer, more advanced storage devices [\llC �ES,I CJRIAIG C f,l,liVE E;_QQJ� Il_POI\I N • NICE Storage Center Hardware and Software Bundle: — Includes server with 1.8 TB of Storage in RAID (HW-SCADV-SRV8) • 2 x STORAGE NAS • NETGEAR ReadyNAS 2120 8TB With RAID Controller, Single Power Supply City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-13P100A to the restrictions on the cover page. System Description 7-3 Motorola Solutions Confidential Restricted �� 8T� o � �� j��0 � . » ��~�~��omox mo��n�~� ��wm�� no u ��a " " ` =^_" ~. .~~ ��8��,� 8 —� " o�u�~�r ��o�~B»��w��x H��~� • NICE equipment hardware io designed for use with standard l9" four(4)post racks using oNICE supplied �lk�. The ruUkhiauhuUbe hv the (�hxofymt\�udh. • third party servers sourced by the City of Fort Worth,not provided um part ofthis proposal | all mounting hardware ie the responsibility of the City o[Fort Worth. • The City of Fort Worth is responsible for supplying any racks or cabinets. Tbesumcks/cabinets are not supplied ua part o[this project. All third party servers ordered directly from Motorola/NICE include rail kits for 4-post cabinet mounting. Further whenever 2-post racks/cabinets are to be used, it is up to the supplier of the cabinet to provide appropriate shelving for all hardware that iasupplied uu part of this proposal. Motorola shall not supply any required shelving. • Motorola is not providing any rack hardware or cabling not specifically described in the uttuobod pooyoeui including cables, oub|o management devices, and power distribution units. These are the responsibility of the City of Fort Worth. • The proposed equipment io not certified for seismic activity and does not include any hardware or subsystems making it more [or less] susceptible to seismic activity. • The City of Fort Worth is responsible for providing a high speed network connection to the recording network for remote diagnostics. • The City of Fort Worth must ensure that all radio, dispatch,telephony and network systems are available and fully operational prior to the arrival of the system equipment. K]e t vUork'��[000Yls'»ler"al^ons and Respons'b^Rldes The new server equipment and software will be incorporated in the City of Fort Worth Network. All Networking equipment and the Network System are the responsibility of the City of Fort Worth. • The CkvnfyodV�odbia responsible for network infruobooturefor the nctp/orkiugay�coubo general and dopecitlou||vfhranyuep*odkingoonupouon1afhutmruotpadoftbepropnoui. • The City of Fort Worth is responsible for providing o\utio lPo for each server used by the expanded NICE Inform system. • The City of Fort Worth shall provide one network connection (CAT5/RJ45 cable)for each new system component requiring network access. • The City of Fort Worth is responsible for ensuring that the Network utilizes Microsoft's TCP/IP protocol stack. ° The City ofPod��nh Network * The City' of Fort Worth shall provide signals from the customer network ouminimum C/\7 5 /llJ45teoniu�od). w 'The City of Fort Worth is responsible for ensuring that LAN/WAN latency. This latency is assumed tobu less than 30 milliseconds. * The City ofFod\�odh is responsible for ouaudugthat uuioouatodoYuteru yrnueoxoa such as uutonz ioiontuUu1ionofputcbnu, application pushes, automated anti-virus updates, niu. are not<n be run on NICE oyotoou components(servers, etc), nn|osa ayociticuUy uddn:oaod ho this proposal. City of �Worth January cn�* n ' NICE INFORM Use vrmouvuu�vfmiopmp000|io»o�vm m ns�cvn�m|wo n+1op1nox mmomomuivnoon the mw,rpage. �wmm��ombvnoCnn��nbv/Rox�tmd �'v System Description �� . «� �� ^' Point � � � � � ��K��1�� ~~�� u,��r] n ��K '' `'� ~- �x�o � —� ^ Motozob/requires U�utthe denzuroubnupobdfor tb� bder�cnhnuut�l�hedbv the Ckxp/hbbnukno proximity, feet nrless,to the Motorola supplied equipment in the Bolt Street Dispatch room. The City of Fort Worth shall bo responsible for: • Ensuring the availability and proper function of all audio for recording up to and including the demarcation point. • Ensuring the ovuilubilhvand proper function of any duNfeeds being u(Uizedfor capture hvthe recording ayohxuincluding but not limited\nC7I` etc. opbo and including the demarcation point whether hard point or LAN based. • For all wiring up to and including the demarcation point to include audio signaling,network and antennae/i[/ogubeJU. • /\Uuudio' LAN *nuectionashould hnteuniu�odvvidziuno nunrothan ten(l0)f�otoftbc equipment location. ° All tele�my��ofeeds f�neumdi must be inhm-wim�m��. "Telephony' bun�uo��nta n�uoth��hbiu 1500 t�ntofthe switch as defined by ouh�� length. ° ' � Documentation on uduu| distances for analog or digital telephony cuvi/ounoco1u is available upon request. * Telephony instruments must be within 1500 feet of the switch as defined by cable length. � �~^ � �� n �� ^0�^U'�' � .�,� ��4�� @�� 8F��»�� ^��w ��^ o �� mwK��vox^��v��"I^i��s . . � _ 1 .� � . The following are the responsibility of the City ofFort Worth with regard to interfacing the logging recorder system ho other sub-systems and devices: • The City o[Fort Worth is responsible for providing/8N[6xd.]data k`the rear ofthe NICE CLS Server via llS232 serial cable. • The City of Fort Worth is responsible for providing a data capture file for ANVALI prior to confirmation uf/\NI/ALl driver operation. • The CknofPm�\�odhia responsible for providing uUnecessary licensing and iu�uUu1ionof C77'CDR and SMDR feeds for any and all PBX's to meet the integration requirements. • Motorola makes no implicit or explicit commitment concerning any interfaces to any third party software such uo CAD, GlQ' etc. January 7,Cxrmponmm�x � use oruiomouvmvfmispmpou||oo"Wo* w|os|wponm Upgrade wmomom�ionnvnmo cover page. ns�non�m|wo�n+1ap1on� MommlaSolutions Confidential Restricted System Description /'o �� '��0��H a .°~ a~o� � nx��,noex°_°~ " ^ ^1- " HVAG One ofthe �o«mm�d��o� �� mu�a� uun��omm��p�o the ~ ��m� � ��u� od�� |�� md�Cmd�m� �quinn�ntouuopor�o '_�� properly �u , " equipment r-i'-�-' i ouout/000�akaUboouuiotuiuudiuo range vvhbinthe upocd�edroqoizcnuout of each �u |uoo�uruqup yi-oenfequipm�nk. b�U��otoro|a,cuunofao\uredproducts, uonnUuu ou�ouzood dnruathat are drop- shipped per`��Motorola` orders,have temperature,humidity, and cleanliness requirements, ua listed in their respective ruunou|u] Equipment manuals may specify either operating o,ambient temperature. Operating temperature refers to temperature within the equipment case,with the equipment operating atu given capacity or load. Ambient temperature refers to the environmental temperature as typically measured 1.5 in (5 ft.) above the floor in the center ofuoaJ6uount aisle. luUouofznuuofacturorenv�nnm/euta1utundmda,the edrf{\//\Cayub:n�ahuUbecapable -f maintaining interior conditions ufl?.O"to24"C(64^to75"B) and reduce humidity to a level of 30 to 55%relative humidity (RH)(per ANSI/TIA/EIA-569-B or other applicable Standards body design requi,ononnta). � � � ��'8'�� '��}n� ��\�� "� '[�� K�� ''�~� � ''� � ' ' z� �� " The City nf Fort Worth shall provide the following for installing equipment in an existing structure or room: • The City of Fort Worth shall provide an equipment room with u ceiling height that shall conform to applicable jurisdictional building codes. '�ntohl ceiling height for n�oukxd�x�so�oxcdULr� 22nuruoku (standard 5 • K�inhnonzucc',_' uou o�� nc �on� ue. � ` . ft. rack) toho2.75m(9tt\ ' • Since this system will b installed in uu nxid_hn~CitvofFmfVodbtaoUitv. The City shall ensure that the ooUiug is high enough to accommodate the p|uuuod additional equipment, including stacked cabinets. • The CkvofPnd\�odbsbuU provide u cable�uythat ubuUprovide ut least 385nuoo (l2in] clearance between the cable tray and the ceiling(AN3l/T[A/Bl/\ 569-B). City of Fort Worth January r.un1* NICE INFORM Upgrade Use o,disclosure of this proposal|osubject nsrmontm|wo.TX-13p1ooa m the restrictions on the cover page. �hmm�3o�bwnxmm�eno�/n000��d 1'6 System Description �� 9 i t d G ounli i • The City shall provide Type I and Type II surge suppression on the buildings input power. • The City shall provide a rack mount Type III surge suppressor that is rack mountable,with 8 outlets at the cabinet rack locations required for this project. • Circuits for communication equipment shall be 20 A circuits for each branch circuit feeding communications equipment and associated equipment. • All equipment shall be individually protected with a circuit breaker provided by the City of Fort Worth. • The City is responsible for all electrical work. • Electrical connectors for all recording system components are standard NEMA 5-15P, 3-wire, non-locking, straight blade, grounded plugs. • All electrical outlets for the proposed system should be located no more than 3 feet from the rear of the equipment location. • The City of Fort Worth shall provide sufficient space(floor, rack, etc) in work area. • It is highly recommended that recording equipment associated to the recording process should be protected by an Uninterruptable Power Supply(UPS). The UPS system should provide a minimum of 5 minutes of backup power to the logging equipment. The City of Fort Worth is responsible for providing UPS protected power to the logging system. • The City of Fort Worth should refer to the Motorola R56 manual 68P81089E50-B for grounding guidelines for buildings used for communications equipment. The City is required to provide the installed equipment with a properly configured building ground system. The City is responsible for proper grounding of all equipment racks. These guidelines included in the R56 manual are: — Guidelines for internal ground systems. — Guidelines for external ground systems. — Specification for ground resistivity requirements. — Guidelines for RGB and MGB types and ground connections. January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-13P100A to the restrictions on the cover page. =t System Description 1-7 Motorola Solutions Confidential Restricted i'd F 13 I lardware 13.1 info2-100 1')16-0 Lipgrade im"ith QA RLI No DQFTWORTHINFOR Inform v5.1 Upgrade to v 6.0 with QA MQA Included in Inform 6.0/QA Bundle NICE Inform voice channel license upgrade from R5 to R6 250 NICE Inform Professional User Registration Application 35 concurrent user license NICE Inform Evaluator application one concurrent user license 15 NICE Inform Evaluator named evaluatee/Public Safety Operator 90 NICE Inform Professional Reconstruction application concurrent 10 user license upgrade from R5 to R6 NICE Inform Professional Monitor application concurrent user 2 license upgrade from R5 to R6 -- NICE Inform Professional Organizer application concurrent user 10 license upgrade from R5 to R6 NICE Inform Professional Media Player license upgrade from 2 R5 to R6 Additional NICE Inform Reporter one concurrent user license 1 -13 orci I e Conter and NAS Equip 7-7-- TT2693A NICE Storage Center Hardware and Software Bundle: Includes server with 1.8 TB of Storage in RAID1 (HW-SCADV- SRV8) DDN1704A NETGEAR ReadyNAS 2120 8TB With RAID Controller, Single 2 Power Supply City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-13 1`1 OOA to the restrictions on the cover page. 1-8 System Description Motorola Solutions Confidential Restricted SECTION 2 A, J J System Drawings are included on the following pages. January 7,2014 City of Fort Worth use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-1 3P1 OOA to the restrictions on the cover page. Motorola Solutions Confidential Restricted System Drawings 2-1 Q X � c Z Z 00 r fi v 1 L O O co O U 00 o t() N LL °/// U p a o W W -Y F- a U . r co 0 00 00 o LLJ --t z ;�o' 0 o OD N L (n �o r J ° r» C)Xu, a m � m \ : .. c cn LLI L) a�i Z N � C L O p U U) Ol J o O E a O 5 U a3ti z LL 2. a SECTION X�� no� m n��v� n m��xn This Statement of Work(G()VV) d�oudbcaU�cdok�rubh�toho1�udubodto the ChyofPo�\�odh, (SOW) uod�vCh»of�od\�od� inordor T}�and the tasks iohepur��uned6vK�otoro\u, bosubcontractors, , City ioiuzp|en000t the solution dcoodbc 'iu this proposal. b contains information that describes the most current understanding of the work required hv both parties to provide uanoouoafu>implementation. This solution includes the expansion of the current enterprise system focused on supporting the 911 recording for the City of Fort Worth. The proposed solution includes the following components: * INFORM Upgrade to Version 6. * NICE INFORM EVALUATOR- Quality Assessment. ° NICE INFORM REPORTER. * Network Attached Servers'Extended Online Storage Center. * Training. It is understood that this SOW maybe revised during contract negotiations or during the Contract Design Review(CI)P3, and tbrouchany other Change{)ndcruthat znuyoccur during the execution of the p �oc1. lfdb`r�(CDR), —tb� 8uopuof\�ork"then these changes zuudbe reflected iuthis '� 80 , hofo,ebecnniu&hiudiugnouitbnryady. \ tcr000kuotcxeood iou` o b un�on to the SOW will be made through the formal contract Change Order process as set forth in the Contract. �� 0�� ~x~��ouo� nw��x�b ° Ci�ofRmt�odbobdlh��epono��f�the�oponx�n�aumdp��m�eo[�ytb��pm� '� vendor and/or subcontractor engaged hv Fort 0 dbi ucoou oo<ioupkbtbm8obdiouduoodbodiu this document. w City ofFod\�odbvvU|provide rou000ub|c uuoouutotbenuoeaaucyPod\�odb facilities, and suitable workspace for all NICE project h:aonoobom*henvockingu1tboCoutone/audeif uocceaury. Suitable workspace includes, but iunot limited to, desks,to|opbouco, access\othe system and meeting rooms. w The City Fort Worth will identify and schedule training class attendees and facilities in connection with any training to be provided by NICE hereunder. * Installation of Products and application migration and testing will be performed during normal business hours (Monduy-yriduy 8:00/\M-5:O0PM). �unua�7.uo1� City of Fort Worth 000^,«iuow^vmmmixvm u||ox«�em w|c�|wron�upomuo mm*m�numnxon the m««'page. n�rmvn�m|wv�T»�op1oox | StammnntoyWork n-/ Motorola Solutions Confidential Restricted �� h.y nd The City of Fort Worth and Motorola execute the contract and both parties receive all the necessary documentation. Motorola will sub-contract with NICE Systems to implement a Total Recording System into the City of Fort Worth environment to comprise the following: PUl torolk-i Responsib-fliti=>.S • Assign a Project Manager, as the single point of contact with authority to make project decisions. • Set up the project in the Motorola information system. • Schedule the project kick-off meeting with the City of Fort Worth. • Assign a Project Manager, as the single point of contact responsible for City of Fort Worth signed approvals. • Assign other resources necessary to ensure completion of project tasks for which the City of Fort Worth is responsible. • Ensure availability of designated staff to assist in commissioning/implementation issues within a reasonable time once notified by NICE staff that their assistance is required. • Arrange for Motorola to access all the City equipment sites as required according to the Project Schedule and agreed upon milestones. oirnpk,flfl n 0 l ip _ ria • Motorola internal processes are set up for project management. • Both Motorola and the City of Fort Worth assign all required resources. • Project kickoff meeting is scheduled. • Conduct a project kickoff meeting during the Contract Design Review(CDR)phase of the project. • Ensure key project team participants attend the meeting. • Introduce all project participants attending the meeting. • Review the roles of the project participants to identify communication flows and decision-making authority between project participants. • Review the overall project scope and objectives with the City. • Review the resource and scheduling requirements with the City. • Review the Project Schedule with the City of Fort Worth to address upcoming milestones and/or events. • Review the teams' interactions(Motorola and the City of Fort Worth), meetings, reports, milestone acceptance,and the City of Fort Worth's participation in particular phases. City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-1 3P1 OOA to the restrictions on the cover page. 3-2 Statement of Work Motorola Solutions Confidential Restricted i ci i of a o i VA 'drat Res P0n a 3I)�K „= • The City of Fort Worth's key project team participants attend the meeting. • Review Motorola and its Subcontractor,NICE Systems and the City of Fort Worth responsibilities. • The City is responsible for all aspects of Union or other labor negotiations, procurement, contracting, use and payment. If the customer requires the use of union or other labor for part or all work to be performed,the customer is responsible for this labor to accept,unload, deliver, locate and affix system cabinets and components,wire and otherwise "setup" system components (such as cables and wiring)under the direction of a NICE Implementation engineer. The cost of non-Motorola or NICE labor is not reflected in the attached proposal. • Project kick-off meeting completed. • Meeting notes identify the next action items. pia ` + � / I °3 ,. I i con'Tract Design 1=:/Io „�,rt°ol� 3�� v_, �p o,r-sibtlltle n • Meet with the City of Fort Worth project team. • Review the operational requirements and the impact of those requirements on various equipment configurations. • Establish a defined baseline for the system design and identify any special product requirements and their impact on system implementation. • Review the System Design, Statement of Work,Project Schedule, and Acceptance Test Plans, and update the contract documents accordingly. • Discuss the proposed Cutover Plan and methods to document a detailed procedure. • Submit design documents to the City of Fort Worth for approval. These documents form the basis of the system,which Motorola will manufacture, assemble, stage, and install. • Establish demarcation point to define the connection point between NICE supplied equipment and the City of Fort Worth-supplied link(s)and external interfaces. • Determine site's ability to accommodate proposed equipment based upon physical capacity. • If, for any reason, any of the proposed sites cannot be utilized due to reasons beyond Motorola's control,the costs associated with site changes or delays including,but not limited to, re- engineering, frequency re-licensing, site zoning, site permitting, schedule delays, site abnormalities,re-mobilization, etc.,will be paid for by the City of Fort Worth and documented through the Change Order process. January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-13P100A to the restrictions on the cover page. Statement of Work 3-3 Motorola Solutions Confidential Restricted d, j` o� R?�f:'?��1ovd ire.,;"un �', o-jl' 10- • The City of Fort Worth's key project team participants attend the meeting. • Make timely decisions, according to the Project Schedule. • Ensure availability of designated staff to assist in commissioning/implementation issues within a reasonable time once notified by NICE staff that their assistance is required. • Frequency Licensing and Interference: — As mandated by FCC,the City of Fort Worth, as the licensee,has the ultimate responsibility for providing all required radio licensing or licensing modifications for the system prior to system installations. This responsibility includes paying for FCC licensing and frequency coordination fees. • Complete Design Documentation,which may include updated System Description,Equipment List, system drawings, or other documents applicable to the project. • Incorporate any deviations from the proposed system into the contract documents accordingly. • The system design is"frozen," in preparation for subsequent project phases such as Order Processing and Manufacturing. • A Change Order is executed in accordance with all material changes resulting from the Design Review to the contract. • The City of Fort Worth executes a Design Approval milestone document. OCi • Validate Equipment List by checking for valid model numbers,versions, compatible options to main equipment, and delivery data. • Enter order into Motorola's Customer Order Fulfillment(COF) system. • Create Ship Views,to confirm with the City of Fort Worth the secure storage location(s)to which the equipment will ship. Ship Views are the mailing labels that carry complete equipment shipping information,which direct the tinning,method of shipment, and ship path for ultimate destination receipt. • Create equipment orders. • Reconcile the equipment list(s)to the Contract. • Procure NICE Systems third-party equipment. 1 9 ;1' Forl,IPY • Approve shipping location. • Complete and provide Tax Certificate information verifying tax status of shipping location. • Verify that the Equipment List contains the correct model numbers, version, options, and delivery data. • Trial validation completed. • Bridge the equipment order to the manufacturing facility. City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-13P100A to the restrictions on the cover page. 3-4 Statement of Work Motorola Solutions Confidential Restricted ,13 U wk, a n I F'13A, Nel -ork Equij uni, •10 u, C11 r A S 11 ot tomia Respon. Manufacture the Fixed Network Equipment(FNE)necessary for the system based on equipment order. City (-)f Fc)ri'uVorth Respon_,dbifldos • None. Completion Crltada: • FNE shipped to either the field or the staging facility. •3 2 1�'VIZH ILI fadftlf e NWI-Iviotoroda Inquipa 1N!otoro�a 'ResponsIbilifle�'i Manufacture,NICE Systems equipment necessary for the system based on equipment order. • of Fort Vilorth Rnsponsih)iWiPt; None. •Coj�jple,don 11-Ariteria Ship non-Motorola manufactured equipment to the field Customer's approved location. 1 11, IV el 3.6,3 ShiP E, ]LORWY11 10 1-1 4 Pj1(:)'oroI,a Responsibilifles • Pack system for shipment to final destination. • Arrange for shipment to the field. Gi W o i' F o rt V14 o r it h Re s p f)rl,i 1 b i I i UtO S • The City will ensure that all radio, dispatch,telephony and network systems are available and fully operational prior to the arrival of the NICE equipment. • Equipment ready for shipment to the field. • All equipment shipped to the field. January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-1 3P1 OOA to the restrictions on the cover page. Statement of Work 3-5 Motorola Solutions Confidential Restricted z��» �0j 0� �� ~� x ~x " e_owxonwoo �_u�xmxo_:mnr* wo��.a � � 1 0� �� hi]��1< �^ �'^ ^ ' '_��^"� °��n�1�l) ' « " as stated ��olu�Ux�'o�m�w�� u��uKeoomr�Sy�m ��c ^ iu the System Description, buiotbeCitv' Fort Worth environment to comprise tbofblkovvknu: into the ��m��Umb'o�m�w�� o�o�k�e�un�mn/� Syamm �� City of Fort Worth environment to comprise the following: * Receive and inventory all equipment. * Motorola will not provide storage location for the Motorola-NICE provided equipment. * [uotuU uyoturu equipment as specified hv the Equipment I.ig' System Description, and system drawings provided in this proposal aufollows w Motorola-NICE is not responsible for the moving or removal of legacy recording system. w NICE does not provide any rack hardware or cabling not specifically described in the attached proposal including cables, cable management devices, power distribution units. w All installations and implementation work will be performed during normal working hours, 8:00AM- 5:UOPM Local Time, Monday through Friday, excluding NICE and Customer holidays. CitV cf Foo-tVVorth ��e,-�p c)nS ibi|iNP,S • Provide aecnn: storage for the Motorola and NICE provided equipment. Motorola coordinates the receipt of the equipment with the City of Fort Worth's designated contact, and inventory all equipment. • ^ bonding of the new Fixed Network Equipment with uground resistance of|0 ohms orless. � Provide access to the sites, umnecessary. � As applicable, coordinate, prepare, submit and pay for all required permits and inspections for the work that iuthe State responsibility. * Puy for any application fees,taxes, and recurring payments fbr\eusn/uvvuombip u[the property. ~ Pay for all utility connection, pole or line extensions, and any easement or usage fees. ° Pay for the usage costs o f power, |ouao d lines and generator fueling both during the construction/installation effort and ooau ongoing basis. * Citviu responsible for providing the required pn`pcxfor the proposed eyotezn including all associated wiring, hucdx'uro` ou1ida' grounding etc. Electrical connectors for all NICE recording � aurootundurdI�]�K&� � |�P 3v/bo noo-|ookiu� ubuiohtblade, grounded plugs. oyamuo - ` 3-wire, , �� w /\|1 electrical outlets for the proposed system should be located no more than 3 feet from the rear o[the equipment location. � Provide sufficient heat dissipation fo/Mbupvop000duystrnouudntlnodhodbumttuohed environmental specifications. m If customer wishes to have parallel operation of new NICE system and legacy recording system, the customer shall provide sufficient space(floor, rack, etc) in work area. * To euaunr operation during u power failure, all recording equipment uaaooiatedtothor000rdiug process should be protected bvuuOnin1 ouptub|oPovvo,Suyph/(DPS). * Supply udcguato|vsized e|o ricn| unn/ioo` buokuppnvver(DPS` Qeuero1o� bu�odom, otu.) including the installation ofconduit, circuit breakers, outlets, oiu, ut each equipment location. The UPS backup should provide enough power to associated equipment fbrunoiuiouunouffivc (5)minutes subsequent to loss ofpower. City of Fort Worth January 7.xo14 NICE INFORM Upgrade Use o,disclosure m this proposal i»subject REF/Control No.Tx'1»p1oox m the restrictions vn the cover page. �wmm�sn�UmnxConm�n��noom�md 3'0 3��montofmm� �� • Ensure availability and proper function of any data feeds being utilized for capture by the recording system including but not limited to ANVALI, Caller ID, CTI, etc. up to and including the demarcation point whether hard point or LAN based. • City will be responsible for all wiring up to and including the demarcation point to include audio signaling,network and antennas (if required).All telephony audio feeds for recording must be in two-wire format. • Provide clear and stable access to the sites for transporting electronics and other materials. Sufficient site access must be available for trucks to deliver materials under their own power and for personnel to move materials to the facility without assistance from special equipment. • City will notify the identified NICE Point of Contact(POC) in writing at least 72 hours in advance of schedule change or cancellation of services. • Provide adequate HVAC, grounding, lighting, cable routing, and surge protection(also, among existing and Motorola-provided equipment)based upon Motorola's R-56 Standards and Guidelines for Communication Sites.NiceLog recording hardware is designed for use with standard 19"four(4)post racks using a NICE supplied rail kit. • Third party servers sourced by the customer from a vendor other than NICE, all mounting hardware is responsibility of the City of Fort Worth. • Complete all City of Fort Worth deliverables in accordance within the approved project schedule. cornpl Otto n 13riiesria • All Equipment installation completed and ready for testing and acceptance. • All Logging recorder system equipment installed and accepted by the City of Fort Worth. p ii • All equipment installations are completed and accepted by the City of Fort Worth. ,III S.i Al orol • Finalize training schedule purchased as part of this project with the City of Fort Worth Project Manager. • Conduct the Inform User training class for up to 6 participants as discussed during the CDR. Training class will be performed on-site for two days,Monday through Friday. C 3i of F o 0, Vovtl1 • Appoint a Training Coordinator. • Prepare training room and provide access to the systems and equipment required for training. • Ensure the availability and participation of all scheduled training participants. • Reproduce training materials for training participants before training commences. • Attend training class. • Training class completed. January 7,2014 City of Fort Worth NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-13P100A to the restrictions on the cover page. Statement of Work 3-7 Motorola Solutions Confidential Restricted �.�,� lF��'��'�� y~��[0le0� ^ * All training classes completed. ��. C Cv�EP TANCE TESTING� � � � /� �� Testing �� ~� �� .�. « � �� ^°u �� The 7od9�o�u�0\TP �Ubndmbu�nf� �e of the ^^~~`'~^~~- (ATP) services provided�6�v� NICE Systems. \copy of the p kaufb r installation shall he p^",""°" upon the bo execution of this proposal. While the NICE Systems Implementation Engineer io conducting the ATP, a City's representative will be available to participate in the entire procedure. Subsequent to the Engineer determining dao&1Ptobeuoopicted,the City of Fort Worth will sign the form and both parties will retain ucopy. * Document all issues that arise during the acceptance tests. w Document the results of the acceptance tests and present to the City of Foil Worth for review. ° Resolve any minor task failures before Final System Acceptance. City 0,, Fc)r1ipVootl.�j �Plesponsibi8iUos ° Witness system testing. * [}eui8nu<od City representative will sign Project Connp|oiionI)ouomerdupou auooeom[o| completion of all aspects of Acceptance Document. Completion chteiJa * City uf Fort Worth approval of the functional testing. 191 Sy�� 1\��)�� [��^ ��r�� ~L�V�� (K0iK�S 1��/i�� ° City of Foil Worth approves the completion of all the required tests. 3 �� U8��D U7�� . ^ � � '' � �' - � 3'10,1 K`W0-vf---)Tn KAwltoi�oU� RespowsibiVivies ° Motorola and the City of Fort Worth develop a mutually agreed upon cutover plan based upon diuonuoiuux bold during the Cl}ll. w During cutover, follow the written plan and implement the defined contingencies, as required. * Conduct cutover meeting(s)with user group representatives to address both how to mitigate technical and communication problem impact to the users during cutover and during the general operation ofthe oy*onn. i^ �fF�rkVV�8�� e p��i�iV��\�� * Attend uutovuc meetings and approve the cntoverplan. * Notify the user gcoup(x)affected hv the outovor(date and tioue). City of Fort Worth January r.uo14 NICE INFORM Upgrade Use^r disclosure m this proposal|osubject REF/Control No.Tx'1apIoox m the restrictions vn the cover page. Mmmm�Som/�nv�m��n/�/Rr��d a'o o��mentofwom _ • Conduct a roll call of all users working during the cutover, in an organized and methodical manner. ,-Cjfjpietion Criteria. • Successful migration from the old logging recorder system to the new system NICE Log System. I 102- FF1\e s o I ve P ul n C hil i S I i� --jl o t r)i-()Ia Fzesponsbflitio-'-s • Work with the City of Fort Worth to resolve punchlist items, documented during the Acceptance Testing phase, in order to meet all the criteria for final system acceptance. C,i ty of F(--)Y t IN,,)01 h Re p o i i s i b i l it i e S-- • Assist Motorola with resolution of identified punchlist items by providing support, such as access to the sites, equipment and system,and approval of the resolved punchlist item(s). •compledon cdt-erka All punchlist items resolved and approved by the City of Fort Worth. Transilion to S,- e/-e/Prqject Transibiorl Cerldfica"'Ite 10 Ailokorola Responsibilifles • Review the items necessary for transitioning the project to warranty support and set-vice that is being provided by NICE Systems. City oil Fort Worth Responsibilit'! S • Participate in the Transition Service/Project Transition Certificate (PTC)process. Completion Criteria • All service information has been delivered and approved by the City of Fort Worth. ,gym OA n a I i z e D 0 C L l rr i >�'t ai I o Motorola-Nice Systems will provide a user manual for the Nice logging recorder system provided in this proposal. January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-1 3PI OOA to the restrictions on the cover page. Statement of Work 3-9 Motorola Solutions Confidential Restricted TONE) PROJECT ACCEPTANCE (MILES 3 After successful completion of system testing and acceptance of the system,Motorola will conduct acceptance meetings to verify with the City of Fort Worth that all contract deliverables have been satisfied and reviewed the Managed Set-vices Support Plan. These meetings will allow City of Fort Worth an opportunity to discuss any final issues or address any questions associated with the closeout of the System Implementation Phase. Reviewing the Managed Service Plan will provide the opportunity for the City to review the level of support supplied,the procedures that need to be followed, and who to call when questions or concerns arise. City of Fort Worth will grant Final Project Acceptance to Motorola when all contractual commitments of Motorola and NICE Systems have been completed. •DROJECT ADMINISTRATION 3,12,1 PrOWCA S1, h15 1) le(-A419S Motorola Responsibilities Motorola Project Manager, or designee,will attend all project status meetings with the City of Fort Worth, as determined during the CDR. • Record the meeting minutes and supply the report. • The agenda will include the following: — Overall project status compared to the Project Schedule. — Product or service related issues that may affect the Project Schedule. — Status of the action items and the responsibilities associated with them, in accordance with the Project Schedule. — Any miscellaneous concerns of either the City of Fort Worth or Motorola. •City of Fort' Worth Respom-;i N I!ties Attend meetings. • Respond to issues in a timely manner. Criteria • Completion of the meetings and submission of meeting minutes. City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-1 3PI 00A to the restrictions on the cover page. 3-10 Statement of Work Motorola Solutions Confidential Restricted Y) �'03 CHANGE ORDER PROCESS CHIANGE ORDERS Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement,the Parties will agree to an equitable adjustment of the Contract Price,Performance Schedule, or both, and will reflect the adjustment in a Change Order.Neither Party is obligated to perform requested changes unless both Parties execute a written Change Order. All Change Orders shall: • Be documented, clearly stating the scope of work, responsible parties doing the work, a dollar amount, a schedule impact, and signatures. • Require appropriate authorization before work can commence. • Be communicated to the people or organizations impacted by the pending change. • Conform to the Scope of Work authorized by the City of Fort Worth. City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-1 31PI OOA to the restrictions on the cover page. Statement of Work 3-11 Motorola Solutions Confidential Restricted SECTION Motorola has over 75 years of experience supporting mission critical communications for public aa��dmb|ion��e�� u�� u�� approach public throughout the life of the system. The value o[support ia measured hv system availability,which iu optimized�� System ui|ubU�vi function uf having hn place u support plan onduudvcroupouoozuanuQ�ru�oi. y availability uu delivered by highly skilled support professionals,backed by proven processes,tools, and continuous training. THE 0801,-OROLA SERVICE [}ELI\/ER^/ TEAM Customer Support 01anager Your Motorola Customer Support Manager provides coordination of support resources to enhance the quality of service delivery and to ensure your satisfaction. The<�uutonuer5uppod&�uuuger(C8��) in responsible io oversee the execution of the Warranty and Service Agreement and ensure that Motorola meets its response and restoration cycle time uon/n`dnzonto. The CSMvvill supervise and manage the Motorola Authorized 8en'ioer`mfuuo[ioua. K0otoroK8CSyst 0lT�cMm. |ogists The Motorola System Technologists /371 are available to assist Motorola's Authorized Son/ioery when needed for network houbb and operations. K0�Aoroha SystQKV Support Genter - Extensive Experience— Motorola has over 75 [0001od in 8obuoruburO` Illinois, the Syateou years of experience supporting mission critical Support Center (S8C) is ukcy component to communications and the Public Safety the ovrzoK nouuugnmuut and ayotezn ouuio1euuuuo. As du{ui|od in this Customer - Capacity to Respond—Motorola's network of Support Plan, the following ao,vioex are local service centers, repair depots, system provided hv the System Support Center: support center and parts support enable Motorola * Network Monitoring. - Flexibility and Scalability—Motorola's Support w [)iapubb Service. ° Infrastructure Repair with Advanced Customer needs. Xup|uoenuord. � - Skills and Process— Motorola uses a well- Technical Support. established, structured, and disciplined approach to provide service delivery. Motorola's team of well-trained and committed people understands the communications technology business. City of Fort Worth x»»"«�r.2014 uoov,mou|vvum v,m|onmpvso|/vou�ou w|os|mrnnmupomu* mmomom�ionoonmewv*rpage. n�rmon�m|wo�T»�ap1om\ mh�m�Som�onoConm�oha/Roxo�md ��nan0'and3xn�mx��n 4'/ �� ilulo orola I cal Service Pro ido r Motorola's authorized service centers are staffed with trained and qualified technicians. They provide rapid response, repair,restoration, installations, removals,programming, and scheduled preventive maintenance tasks for site standards compliance and RF operability. Motorola's authorized service centers are assessed annually for technical and administrative competency. Motorola places great emphasis on ensuring that communications systems, such as the one proposed for the City of Fort Worth meet high standards for design,manufacture, and performance. To enhance the value of the communications system being acquired, Motorola offers customized warranty and post-warranty services as outlined in this section. Motorola will provide warranty services per our standard warranty terms and conditions as outlined within the Communication Systems Agreement within this proposal. In addition to the Standard Commercial Warranty,the service products that comprise the Custom Warranty package are listed below along with a brief description. On Motorola's behalf,NICE Systems, Inc.will provide enhanced support services during the warranty period on the proposed NICE Logging system. Warranty support services will be enhanced to NICE's Gold Level of support, providing 24x7 on-site support services. These Gold Level support services are available for purchase post-warranty. This Gold Level bundle of NICE support services to be delivered is outlined in Table 4-1: Table 4-1: NICE Support Services `5 77777,7777777 �Yr Phone Availability 247 247 24x7 24x7 Support Coverage 247 247 24x7 247 Call Back Response Time 60 minutes 120 minutes 24 hours 24 hours On Site Response Times 4 hours 24 hours 48 hours 48 hours On Site Response T imes are in offer' following the determinatior) that On ,site sUPP0rt is required._Repair D s areshipogd-Ove-l-night, unless oth rv4 i _pr; ailwinciU i The arrival c� the technician and the hir?} ci,_(� rrs will by goordin,:i ed to Coincide. January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-13P100A to the restrictions on the cover page. 4-2 Warranty and Services Plan Motorola Solutions Confidential Restricted Priority levels are outlined in Table 4-2. Table 4-2: Priority Level Definitions td�i R, Yt�i 3 Prlority 1/Critical Critical In a 100% recording environment, any failure of equipment, NICE Failure software or communications to the NICE products which results in loss of recording channels or data, or if allowed to persist will result in such recording loss. Priority 2/ High - Major Any problem resulting in loss of ability to retrieve calls or loss of Problem replay functionality for majority of workstations and presented by the client as Major problem. Priority 3/ Medium- Any problem affecting one or more workstations which does not result Product Anomaly in a loss of recording or replay but nevertheless results in diminished Product response or performance. For example: An administrator loses the ability to add or delete users. Priority 4/Low-System Planned intervention or request for information inquiry NOTE: Please note that priority levels and the associated response times only apply to warranted systems and customers who have purchased maintenance contracts on the NICE equipment. All non-warranted and Time/Materials (T&M)customers will require a purchase order. These calls will be managed by the resources available at that time. i . _r As Motorola's continuing commitment to supporting your system,warranty services can be extended after the first year to provide maintenance and service support in future years.Any of the services that we identify can be customized in future years, and are available for purchase either in"System Support Services"packages or as individual service offerings. These system support services significantly benefit the City of Fort Worth because the system can be effectively supported after the warranty period,thereby maximizing the operational capabilities and useful life of the system and protecting your investment in the system. Post-warranty services are not included with this offering, but can be provided upon request. City of Fort Worth January 7,2014 NICE INFORM Upgrade Use or disclosure of this proposal is subject REF/Control No.TX-13P100A to the restrictions on the cover page. Warranty and Services Plan 4-3 Motorola Solutions Confidential Restricted PRICING SUMMARY Motorola is pleased to provide the following equipment and services to the City of Fort Worth: Total system cost: $154,216.00 Pricing is based on State of Texas HGAC Contract#RA05-12. Pricing is valid through December 31, 2014. In order to proceed,Motorola will need to receive an executed contract and notice to proceed. Item Description HGAC Price 1 NICE INFORM Upgrade, consisting of: $169,655 • INFORM Upgrade to Version 6 • NICE INFORM EVALUATOR—Quality Assessment • NICE INFORM REPORTER • Network Attached Servers—Extended Online Storage Center • NICE INFORM Training Sub-Total 169,655 Ends 12/31/2014 City of Fort Worth Contract Discount(9.1%) -15,439 TOTAL $154,216 SECTION 6 "N Ej 'Y �A lk'A " IA A 'YA rq 41 Ed ry "d The Terms and Conditions are included on the following pages. January 7,2014 City of Fort Worth Use or disclosure of this proposal is subject NICE INFORM Upgrade REF/Control No.TX-13P1 OOA to the restrictions on the cover page. Terms and Conditions 6-1 Confidential Restricted Motorola Solutions Conf Exhibit D Motorola/H-GAC Radio Communications Equipment&Systems Agreement City of Fort Worth,Texas - 1 - Purchase Agreement 1/7/2014 NICE Upgrade Radio Communication/Emereency Response&Mobile Intero erabili E ui ment Page I of 5 A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston,Texas AND MOTOROLA SOLUTIONS,INC. Farmers Branch,Texas This Contract is made and entered into by the Houston-Galveston Area Council of Governments,hereinafter referred to as -GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Motorola Solutions, Inc. hereinafter referred to as the CONTRACTOR,having its principal place of business at Park West C-2, 1507 LBJ Freeway, Farmers Branch,Texas 75234. i ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Radio Communication/Emergency Response&Mobile Interoperability Equipment Contract to )ecome effective as of May 1,2012,and to continue through April 30,2015(the"Contract"),subject to extension upon mutual agreemet it of the CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies, each her inafter referred to as END USER,for the purchase of Radio Communication/Emergency Response&Mobile Interoperability Equipment offered by the CONTRACTOR. The CONTRACTOR agrees to sell Radio Communication/Emergency Response & obile Interoperability Equipment through the H-GAC Contract to END USERS. ARTICLE 2: THE COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form,including but not limited to,Attachment A 2. General Terms and Conditions 3. Proposal Specifications No: RA05-12,including any relevant suffixes 4. CONTRACTOR's Response to Proposal No: RA05-12,including but not limited to,prices and options,offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto.This Contract supersedes any and all oral or written agreements between the parties+?relating to matters herein. Except as otherwise provided herein,this Contract cannot be modified without the written consent of both parties. I ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter Into this Contract. The governing bodies,where applicable,have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS The parties agree to conduct all activities under this Contract in accordance with all applicable rules,regulations,directives,is uances, ordinances,and laws in effect or promulgated during the term of this Contract. ARTICLE 5• INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H- AC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as.making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be construed as H-GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC 6ontract. Further,termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall,in each instance,continue pursuant to their stated terms and duration.The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR. i HACONTRACTS\Radio CommunicationlEmergency Response&Mobile Interoperability Equipment\Motorola Solutions,Inc.\RA05-12.13 I Radio Communication/Emergency Communication/Emergency Response&Mobile Interoverabflity E ui ment Page 2 of 5 ARTICLE 7: SUBCONTRACTS&ASSIGNMENTS CONTRACTOR agrees not to subcontract,assign,transfer,convey,sublet or otherwise dispose of this Contract or any right,title,oblig ition or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject a iy such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcon ract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. I I ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS CONTRACTOR shall maintain during the course of its work,complete and accurate records ofitems that are chargeable to END USE under this Contract. H-GAC,through its staff or its designated public accounting firm,the State of Texas,or the United States Government sh ill have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide a cess to records maybe cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period ofnot less than five(5)calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation,audit or cl.aim has been resolved. The right of access to records is not limited to the required retention period,but shall last as long as the records are r tained. CONTRACTOR fits ther agrees to include in all subcontracts under this Contract,a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives,shall,until the expiration of five(5)calendar years after final payment under the subcontractor until all audit findings have been resolved,have access to, and the right to examine and copy any directly pertinent books,documents,Oapers, invoices and records of such subcontractor involving any transaction relating to the subcontract. To the extent allowed by law, othing contained herein shall authorize H-GAC and/or END USER to audit confidential information regarding product cost. ARTICLE 9: REPORTING REQUIREMENTS CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Proposal Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation,or otherwise fails to satisfactorily render performance hereunder,such failure may be considered cause for termination of this Contract; ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR at any time during a contract period,routinely enters into agreements with other governmental customers wi hin the State of Texas,and offers the same or substantially the same products offered to H-GAC on a basis that provides prices more favora le than those provided to H-GAC,CONTRACTOR shall within ten(10)business days thereafter notify H-GAC of that offering. The contract with H-GAC shall be deemed to be automatically amended and effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide the same quantity discount to H-GAC and its End Users for equal or larger orders purchased the same quantity and under the same circumstances.H-GAC shall have the right and option at any time to decline to accept any such 1 1hange, in which case the amendment shall be deemed null and void. If CONTRACTOR believes any apparently more favorable price charged and/or offered a customer during the term of this agreement is not in fact most favored treatment,CONTRACTOR shall within I en(10) business days notify H-GAC in writing,setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment,is not in fact most favored treatment. H-GAC,after due consideration of such written explanation,may decline to accept such explanation and thereupon the contract between H-GAC and CONTRACTOR shall be automatically a ended, effective retroactively,to the effective date of the most favored agreement,to provide the same prices to H-GAC. The most favored price structure set forth in this paragraph shall not apply to any pre-existing contracts Contractor has in t e State of Texas. The term"pre-existing contracts"shall refer to contracts in existence as of the original effective date of the HGAC contract, i.e.5/1/12. The Parties agree that the above MFC provision shall not apply to the sale of large communications systems(one million dollars ($1,000,000.00)and above). The term "Communications System"shall refer to a project that includes the sale of infrastructure lt rdware and/or software,user devices,and Motorola engineering and installation service. The contract for a"Communication System"will always have a Statement of Work and an Acceptance Test Plan. The Parties accept the following definition of routine. A prescribed,detailed course of action to be followed regularly;a s andard procedure. ARTICLE 11: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable,such determination shall not affect any other term of this Contract,which shall continue in full force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract,which are not disposed of by agreement,shall beidecided by the Executive Director of H-GAC or his designee,who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless,within thirty(30)days from the date of receipt of H:\CONTRACTS\Radio Communication/Emergency Response&Mobile Interoperability Equipment\Motorola Solutions,IncARA05-12.13 Radio Communication/Emergency Communication/Emergency Response&Mobile Interoverability E ui ment Pa a 3 of 5 such notice,CONTRACTOR requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decisioi L of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may,if it elects to do so,appeal the fi al and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute her under, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision. i ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER,CONTRACTOR's total liability under this Contract,whether for breach of contract,warranty,negligence,strict liability,in tort or otherwise,but excluding its obligation to ind mnify H-GAC described in Article 14,is limited to the price of the particular products/services sold hereunder,and CONTRACTOR agrees ither to refund the purchase price or to repair or replace product(s)that are not as warranted. In no event will CONTRACTOR be liable for an*loss of use,loss oftime,inconvenience,commercial loss,lost profits or savings or other incidental,special or consequential damages to the fU4 extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon de I nd to END USER any amounts determined by H-GAC,its independent auditors,or any agency of State or Federal government to have beeaid in violation of the terms of this Contract. i ARTICLE 14: LIMIT OF H-GAC'S LIABILITY AND INDEMNIFICATION OF H-GAC H-GAC's liability under this Contract,whether for breach of contract,warranty,negligence,strict liability,in tort or otherwise,is limited to its order processing charge. In no event will H-GAC be liable for any loss of use,loss of time,inconvenience,commercial loss,lost p ofits or savings or other incidental,special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees,to the extent permitted by law,to defend and hold harmless H-GAC,its board members,officers,agents,officials,employees,and indemnities from any and all claims,costs,expenses(including reasonable attorney fees),actions,causes of action,judgments,and liens arising as a sult of CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 15: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditio ofthe Contract;provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thiky(30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction,then H-GAC may,at its option,place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty(30)days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed;to the extent said services are satisfactory to END USER.CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portloi,l of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set fort tby H-GAC,the State of Texas,and the acts and regulations of any funding entity.CONTRACTOR agrees to notify H-GAC of any su ected fraud,abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such tivity. ARTICLE 18: GOVERNING LAW&VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suitor cause of action arising under or in connection with this Contract shall lie exclusively in Harris County,Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H-GAC of such d sputes. ARTICLE 19: PROCEDURAL STEPS ENUMERATED FOR SALES TO END USERS ! 1. All Cooperative Purchasing business will be processed in accordance with H-GAC's policies and procedures,at contracted prices,and shall include approved order processing charges. 2. END USER will access the Cooperative Purchasing Program through the H-GAC website and/or by submission of any duly executed purchase order to a contractor having a valid contract with H-GAC and in a format acceptable to H-GAC. I, 3. END USER will submit order(s)electronically through CONTRACTOR'S on-line ordering process or issue Purchase grder(s) directly to CONTRACTOR at contract prices,and also submit a copy to H-GAC. H:\CONTRACTS\Radio Communication/Emergency Response&Mobile Interoperability Equipment\Motorola Solutions,Inc.\RA05-12.13 I Radio Communication/Emergency Communication/Emergency Response&Mobile Interoverability E ui ment Page 4 of 5 4. The H-GAC CONTRACTOR will deliver products/services as specified by the contract between CONTRACTOR and -GAC, and invoice each END USER for(1)products/services purchased and(2)H-GAC'S applicable order processing charg . 5. Upon delivery, acceptance, and receipt of an H-GAC CONTRACTOR's,documented invoice,END USER shall pay the H- GAC CONTRACTOR the full amount of the invoice. 6. For orders of less than$100,000,CONTRACTOR will promptly pay to H-GAC any order processing charges due,and in Any case,not later than sixty(60)calendar days after End User order is processed.Payments will be processed to H-G C on a monthly basis.For orders of$100,000 or more,CONTRACTOR will promptly pay to H-GAC any order processing charges due,and in any case not later than forty-five(45)calendar days after receipt of End User payment by Motorola. 7. Failure to promptly remit H-GAC's order processing charges may result in sanctions including,but not limited to,con act termination. 8. CONTRACTOR shall be responsible for delivery and acceptance of each unit by END USER,according to the require ents of the specifications,this Contract,and purchase order issued to CONTRACTOR by an END USER. All required equipment tests shall be borne by CONTRACTOR. 9. CONTRACTOR shall promptly provide H-GAC and END USER with all information pertaining to delivery schedules. CONTRACTOR shall also use its best efforts to expedite unit deliveries on shorter notice than set forth in its verification.for any specific purchase order when requested. 10. All prices are F.O.B. END USER'S location with all transportation charges prepaid and included in any invoice. 11. All pricing shall be based on the current contract unless the H-GAC CONTRACTOR prior to receipt of END USER's p archase order for delivery of any products/services has received H-GAC's prior written approval for any price increases. 12. The H-GAC CONTRACTOR agrees to accept the terms of this agreement and to conduct all transactions based on pric ing and other terms of the contract including,but not limited to,the applicable H-GAC order processing charge. The CONTRACTOR agrees to encourage END USERS to execute authorizing Interlocal contracts with H-GAC. ARTICLE 20: LIQUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS Except as described below for fire apparatus,CONTRACTOR agrees to provide a Performance Bond at the request of END USER within ten(10)days of receipt of END USER's purchase order. It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten(10)days of receipt of END USER's order may constitute a total breach of contract and shall be cause for cancellation of the order at END USER's sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER's sole discretion. If the bond requirement is waived,E USER shall be entitled to a price reduction commensurate with the cost that would have been incurred by CONTRACTOR for the bond. ARTICLE 22: CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H-GAC,in writing,of ANY change in ownership,control,dealership/franchisee status,Motor Vehicle license status,or name,and shall also advise whether or not this Contract shall be affected in anyway by such change. -GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEXAS MOTOR VEHICLE BOARD[IFAPPLICABLEI CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle Con mission Code.If at any time during this Contract period,any CONTRACTOR'S license is not renewed,or is denied or revoked,CONT CTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. i I f HACONTRACTSUtadio Communication/Emergency Response&Mobile Interoperability Equipment\Motorola Solutions,IncA2A05-12.13 i Radio Communication/Emergency Response&Mobile Interoperability Equipment Page of 5 IN WITNESS WHEREOF,the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Houston-Galveston i Area Council,Houston,Texas: eele,Executive Director Attest for Houston-Galveston E Area Council,Houston,Texas: D ' ick, 'r'ctor of Publics Services ,+ Date: C �t/ ,20Zv Signed for Motorola Solutions,Inc. Farmers Branch,Texas: Printed Name&Title: Date: Z S 201 Z Attest for Motorola Solutions,Inc. Farmers Branch,Texas: Printed Name&Title: �/LI� !r•-!-�� — /1'►Sri 7�w �,a �.� /�'`� �G-�E.� Date: 20_ I i 1 i I t i f HACONTRACTS\Radio Communication/Emergency Response&Mobile Interoperability Equipment\Motorola Solutions,IncARA05-12.13 I Attachment A Motorola Solutions,Inc. Radio Communication/Emergency Response&Mobile Interoperability Equipment Contract No.: RA05-12 Product Base Offered Description Price Category Per the RFP Motorola has included an Electronics Catalogue(ECAT disk), See APC A,B,C April 2011 Edition,on a CD media in lieu of listing each individual product Discounts per and its options. In addition,a discount APC sheet is attached in the pricing ECAT Pricebook section and used to calculate all individual prices within the ECAT disk. Per the RFP Motorola has included an Electronics Catalogue for our Vertex A equipment on a CD(Vertex Standard List Price Book,Effective 211312012) 28%off List Price media in lieu of listing each individual product and its options. D Motorola Integration Services LMR Motorola offers wide range of services including Integration,Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only.D Project Management Dail Rate* $ 1,610.00 D System Engineering Daily Rate* $ 1,610.00 D System Technologist Daily Rate* $ 1,925.00 D Standard Shop Installation: Hourly Rate* $ 135.00 D Standard Shop Installation:Daily Rate* $ 900.00 D Mobile Radio Installation* $160-S370 D Radio Programming* $50-$105 D Data Installation* $160-$370 *Prices may vary by Region and Stated Scope.Travel Not Included D Motorola Integration Services Advanced Services Motorola offers wide range of services including Integration,Installation and Training. The cost of these services is regional in nature. Samples below are listed for reference only. D NG9-1-1 Consoltin Services-Dail Rate* $1,500 D Security Project/Program Management-Daily Rate* $1,500 D Wireless Security Technician-Dail Rate* $1,400 D Security Penetration Tester(Wired Network)-Dail Rate* $1,400 D Secutriy Trainer-Dail Rate* $1,176 D Application Security Code Reviewer-Dail Rate* $1,800 D IT Incident Response and E-Discover Assitance-Dail Rate* $1,500 i D IT Disaster Recovery Planner-Dail Rate* $1,400 D IT Disaster Recovery Plan Tester-Dail Rate* $1,400 D Buisness Continuity/Continuity Continuity/Continuity of Government Planner-Dail Rate* $1,400 D Buisness Continuity/Continuity of Government Plan Tester-Daily Rate* $1,400 D Mobile Application Services Project Management-Daily Rate* $!500 D Mobile Application Services System Engineer-Daily Rate* $!500 D Mobile Application Services Solution Architech-Dail Rate* $1,800 D Mobile Application Services Application and Solution Design-Daily Rate* $1,800 D Mobile Application Services Application and Solution Implementation-Daily $1,800 Rate* Application Integration and Customization Services Project Management-Daily $1,500 D Rate D Application Integration and Customization Services System Engineer-Daily Rate* $1,500 Application Integration and Customization Services Solution Architech-Daily $1,800 D Rate* Page 1 of 6 D Application Integration and Customization Services Application and Solution $1,800 Design-Daily Rate* D Application Integration and Customization Services Application and Solution $1,500 Implementation-Daily Rate* D Unified Communications Services Project Management-Daily Rate* $1,500 D Unified Communications Services System Engineer-Daily Rate* $1,500 D Unified Communications Services Solution Architech-Dail Rate* $1,800 ` D Unified Communications Services Application and Solution Design-Daily Rate* $1,800 D Unified Communications Services Application and Solution Implementation- $1,500 i Daily Rate* D Consulting Services Project Management-Daily Rate* $1,500 D Consulting Services System Engineer-Daily Rate* $1,500 D Consulting Services Solution Architech-Dail Rate* $1,800 D Consulting Services Internet Protocol Network Access ment-Daily Rate* $1,800 D onsulting Servics IP Network Design and Integration-Daily Rate* $1,800 D Consulting Services IP Wide Area Network Backhaul Design and Integration- $1,800 Daily Rate* Consulting Services Custoemr Network Interface Design and Integration-Daily $1,800 D Rate* • - •• 548 CAD Equipment 10% 702 CAD Equipment 0% 850 CAD Equipment 0% 40 Data Applications 15% 41 Data Applications 10% 41 Data Applications 10% 153 Data A plications 15% 297 Data A plications 0% 298 Data A plications 15% 299 Data Applications 15% 333 Data Applications 10% 343 Data Applications 10% 170 Data Subscriber Devices 15% 171 Data Subscriber Devices 10% 177 Data Subscriber Devices 15% 185 Data Subscriber Devices 0% 736 Data Subscriber Devices 22% 855 Data Subscriber Devices 10% 118 Dispatch Solutions 10% 124 Dispatch Solutions 15% 129 Dispatch Solutions 20% 147 Dispatch Solutions 10% 185 Dispatch Solutions 0% 202 Dispatch Solutions 15% 207 Dispatch Solutions 10% 226 Dis patch Solutions 15% 228 Dis patch Solutions 30% 229 Dispatch Solutions 13.50% 261 Dispatch Solutions 5% 322 Dispatch Solutions 15% 404 Dispatch Solutions 20% 415 Dispatch Solutions 10% 443 Dispatch Solutions 20.00% 454 Dispatch Solutions 15% 706 Dispatch Solutions 20% 708 Dispatch Solutions 17% 729 Dispatch Solutions 17% 740 Dispatch Solutions 15% Page 2 of 6 629 Enterprise Terminals 10% 214 Fixed Data Products 10% 275 Fixed Data Products 10% 342 Fixed Data Products 10% 382 Fixed Data Products 107 403 Fixed Data Products 15% 455 Fixed Data Products 15% 469 Fixed Data Products 10% 499 Fixed Data Products 10% 222 Fixed Network Equipment 15% 329 Fixed Network Equipment 10% 381 Fixed Network Equipment 15% 207 Fixed Station Accessories 10% 272 Fixed Station Accessories 20% 273 Fixed Station Accessories 10% 277 Fixed Station Accessories 20% 457 Fixed Station Accessories 20% 515 Fixed Station Accessories 20% 524 Fixed Station Accessories 15% 525 Fixed Station Accessories 15% 856 Fixed Station Accessories 10% 207 Fixed Station Antenna Systems 10% 811 Fixed Stations 5% 5 Fixed Stations 20% 112 Fixed Stations 18% 225 Fixed Stations 10% 281 Fixed Stations 18.50% 301 Fixed Stations 20% 360 Fixed Stations 21.50% 377 Fixed Stations 17% 417 Fixed Stations 10% 424 Fixed Stations 15% 425 Fixed Stations 15% 448 Fixed Stations 20% 474 Fixed Stations 23% 509 Fixed Stations 21.50% 512 Fixed Stations 23% 537 Fixed Stations 21.50% 590 Fixed Stations 21.50% 595 Fixed Stations 18% 643 Fixed Stations 15% 675 Fixed Stations 20% 680 Fixed Stations 21.50% 744 Fixed Stations 20% 881 Fixed Stations 15% 15 Fixed Wireless Broadband 20% 75 Fixed Wireless Broadband 0% 76 Fixed Wireless Broadband 0% 218 Fixed Wireless Broadband 15% 224 Fixed Wireless Broadband 15% { 800 Fixed Wireless Broadband 0% 801 Fixed Wireless Broadband 0% 806 Fixed Wireless Broadband 0% 832 Fixed Wireless Broadband 10% 882 Fixed Wireless Broadband 15% 904 Fixed Wireless Broadband 15% 906 Fixed Wireless Broadband 15% 910 Fixed Wireless Broadband 15% 947 Fixed Wireless Broadband 15% Page 3 of 6 51 LTE 10% 52 LTE 10% 53 LTE 10% 54 LTE 10% 55 LTE 10% 56 LTE 10% 57 LTE 10% j 58 LTE 5% 59 LTE 10% 61 LTE 10% 63 LTE 10% 65 LTE 10% 73 LTE 0% 375 LTE 0% 708 LTE 10% 823 Maintenance 0% 983 Maintenance 0% 291 Mobile Accessories 15% 554 Mobile Accessories 15% 644 Mobile Accessories 15% 879 Mobile Applications Software 10% 38 Mobile Stations 10% 103 Mobile Stations 26.50% 109 Mobile Stations 26.50% 159 Mobile Stations 20% 189 Mobile Stations 15% 276 Mobile Stations 25% 287 Mobile Stations 10% 374 Mobile Stations 15% 484 Mobile Stations 10% 500 Mobile Stations 25% 514 Mobile Stations 25% 518 Mobile Stations 25% 585 Mobile Stations 25% 775 Mobile Stations 16.50% 776 Mobile Stations 20% 792 Mobile Stations 20% 869 Mobile Stations 20% 922 Mobile Stations 20% 216 MOTOTRBO 10% 422 MOTOTRBO 10% 475 MOTOTRBO 10% 516 MOTOTRBO 10% 557 MOTOTRBO 10% 563 MOTOTRBO 10% 777 MOTOTRBO 10% 131 Network Products 10% 147 Network Products 10% 207 Network Products 10% 136 Pagers/Receiver 15% 169 Pagers/Receiver 20% 452 Pagers/Receiver 15% 361 Pa ing/Recievers 15.00% 839 Pa ing/Recievers 15% 940 Pa ing/Recievers 15% 941 Pa in /Recievers 15% 1 Portable Radiophone(Portables) 20% 4 Portable Radiophone(Portables) 20% 8 Portable Radiophone Portables 20% Page 4 of 6 f j 37 Portable Radiophone(Portables) 10% 87 Portable Radiophone (Portables) 10% 133 Portable Radiophone(Portables) 15% 158 Portable Radiophone(Portables) 20% 185 Portable Radiophone (Portables) 0% 187 Portable Radiophone(Portables) 15% 205 Portable Radiophone(Portables) 25% 271 Portable Radiophone(Portables) 20% 320 Portable Radiophone (Portables) 25% ! 332 Portable Radiophone(Portables) 20% 362 Portable Radiophone(Portables) 20.00% 372 Portable Radiophone(Portables) 20% 402 Portable Radiophone (Portables) 20% 407 Portable Radiophone(Portables) 25% 414 Portable Radiophone (Portables) 20% 430 Portable Radiophone(Portables) 20% 442 Portable Radiophone(Portables) 20% 453 Portable Radiophone(Portables) 20% 456 Portable Radiophone(Portables) 20% 476 Portable Radiophone(Portables) 20% 481 Portable Radiophone(Portables) 25% 483 Portable Radiophone(Portables) 25% 505 Portable Radiophone(Portables) 20% 527 Portable Radiophone(Portables) 25% 562 Portable Radiophone(Portables) 25% i! 577 Portable Radiophone(Portables) 20% 619 Portable Radiophone(Portables) 15% 626 Portable Radiophone(Portables) 20% 655 Portable Radiophone(Portables) 25% 656 Portable Radiophone(Portables) 25% j 672 Portable Radiophone(Portables) 33.50% j 687 Portable Radiophone(Portables) 18% 721 Portable Radiophone(Portables) 25% 726 Portable Radiophone(Portables) 25% 749 Portable Radiophone(Portables) 33.50% C 785 Portable Radiophone(Portables) 20% 795 Portable Radiophone(Portables) 25% 798 Portable Radiophone(Portables) 25% 841 Portable Radiophone(Portables) 33.50% 883 Portable Radiophone(Portables) 15% 977 Portable Radiophone(Portables) 10% 659 Professional Services 0% 659 Professional Services 0% 670 Professional Services 0% 842 Professional Services 0% 682 Radius Products 20% 509 Receivers 21.50% 512 Receivers 23% 743 Receivers 15% 608 Records Management Software 10% 137 Secure Solutions 5% 201 Secure Solutions 10% 229 Secure Solutions 14% 462 Secure Solutions 10% 524 Secure Solutions 15% 525 Secure Solutions 15% 195 Software Upq rades/Flash port 0% 371 Software U pg rades/Flash port 0% 430 jSoftware U rades/Flash ort 20% Page 5 of 6 ` 262 Test Equipment 20% 39 Trunking Products and Systems 5% 85 Trunking Products and Systems 15% 112 Trunking Products and Systems 18% 115 Trunking Products and Systems 10% 152 Trunking Products and Systems 5% 277 Trunking Products and Systems 20% I 280 Trunking Products and Systems 18.50% k 281 Trunking Products and Systems 18.50% 377 Trunking Products and Systems 17% 495 Trunking Products and Systems 15% 593 Trunking Products and Systems 23% 708 Trunking Products and Systems 17% 877 Trunking Products and Systems 18.50% 2 Video Solutions 10% 488 Video Solutions 10% 606 Wireless Mobility 15% 683 Wireless Mobility 15% 832 Wireless Mobility10% 907 Wireless Mobilit 15% 908 Wireless Mobility 15% I I 1 i t i i Page 6 of 6 i M&C Review Page 2 of 2 Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jack Dale (8357) Eryck Walker (6610) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=2 0 0 8 1&councildate=9/9/2 014 12/29/2014