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HomeMy WebLinkAbout2013 CON Motorola Solutions - Software MaintenanceAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOTOROLA SOLUTIONS, INC. THIS AGREEMENT is entered into as of this 1s` day of April, 2013 and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Motorola Solutions, Inc., a "CONTRACTOR". RECITALS WHEREAS, the CITY desires to continue to employ a CONTRACTOR to provide Maintenance and support services for the CITY'S Premier MDC system used by CITY'S Police Department. WHEREAS, the CITY has determined that the CONTRACTOR is a software support business_ and is qualified by experience and ability to perform theservices desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or its authorized subcontractors under the supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. (Software Support) . The CONTRACTOR will perform services as set forth in the attached Exhibits "A" through "D". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Cindy Marnin thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The annual compensation due for all work is $26,343.00. An annual invoice will be processed for payment at the beginning of the term of the agreement and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or any other similar assessments imposed upon Seller. If such charges are imposed upon Seller, Customer will reimburse Seller upon receipt of proper documentation of such assessments. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on 4/1/13. The duration of this Agreement is for the period of 4/1/13 through 3/31/14. The City has the option of renewing this Agreement for three additional one- year extensions. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. [Intentionally omitted.] 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 CITY (except in the context of a major corporate reorganization but with notice). Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all Motorola Solutions, Inc. PSA MitSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. Except as otherwise may be required under the California Public Records Act, the CITY and CONTRACTOR may from time to time communicate to the other party certain confidential information that is conspicuously marked as confidential to enable the other party to effectively perform the services to be provided herein. The receiving party shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the disclosing party. The receiving party shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein (i.e., those on a "need to know" basis). The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the receiving party, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the receiving party without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the receiving party by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The receiving party shall be liable to the disclosing party for any damages caused by breach of this condition, pursuant to the provisions of Section 14. Motorola Solutions, Inc. PSA MaSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 15. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR will indemnify, defend, and hold CITY, its officers and employees harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or damage, reasonable attorney's fees and defense costs, which may accrue against CITY, its officers and employees to the extent it is arising out of or resulting from the negligence or wrongdoing of CONTRACTOR, its subcontractors, or their employees or agents, while performing their duties under this Agreement, provided that CITY gives CONTRACTOR prompt, written notice of any such claim or suit. CITY shall cooperate with CONTRACTOR in its defense or settlement of such claim or suit. This section sets forth the full extent of CONTRACTOR'S general indemnification of CITY, its officers and employees from liabilities that are in any way related to CONTRACTOR'S performance under this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall include the CITY and its officers, and employees as additional insureds By blanket endorsement. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering bodily injury and property damage arising out of its operations under this Agreement. The policy shall include the CITY and its officers, and employees as additional insureds, blanket endorsement. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a blanket waiver of subrogation in favor of the City. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers and employees. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. Upon execution of the Agreement, an Acord 25 form certificate of insurance shall be provided. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by negotiations with senior managers of each party and, if that is not successful within a reasonable time period, by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to litigation. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by negotiation or mediation shall be resolved by litigation in San Diego County, California, or if the parties then so agree, by binding arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may he entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Btvd, Suite 406, Westminster, CO 80021 pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the C1TY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated upon thirty (30) days written notice by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. CONTRACTOR will have an opportunity upon receipt of such notice to cure the alleged default within the notice period. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR and that are promised deliverables under this Agreement, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the C1TY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 To CITY: To CONTRACTOR: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Cindy Marnin Motorola Solutions, Inc. 7237 Church Ranch Blvd., Suite 406 Westminster, CO 80021 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. LIMITATION OF LIABILITY. Except for personal injury or death or damage to property, Motorola's total liability, whether for breach of contract, warranty, negligence, strict Motorola Solutions, Inc. PSA M€tSA Extension Letter Version 5-25-12 7237 Church Ranch Ellvd, Suite 406, Westminster, CO 80021 liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed $50,000. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 25. WARRANTY. Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 26. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. [Intentionally omitted.] Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. Force Majeure. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY .4v- n Morrison, Mayor ROVED AS TO FORM: C :ua a G. City Attorn MOTOROLA SOLUTIONS, INC. (Print) (Name) (Print) NtSjSy v„P (Title) Motorola Solutions, Inc. PSA M8SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department Site Identification Numbers Product Premier MDCTM Site Id PSA0344_(PMDC) The following table lists the Products under maintenance coverage: Product Description Service Level Qty Term Fees Server Software License (21- Premier MDCTM 40 units) Client Software ((21-40 units) In -House Client Software Interface CAD to Standard Motorola API 24x7 1 36 1 TOTAL $26,343.00 Motorola Solutions, Inc. PSA M&SA Exhibit A 2 Version 5-25-12 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. "Motorola Solutions Software" means Software that Motorola Solutions owns. The term includes Product Releases, Standard Releases, and Supplemental Releases. "Non -Motorola Solutions Software" means Software that a party other than Motorola Solutions owns. "Optional Technical Support Services" means fee -based technical support services that are not covered as part of the standard Technical Support Services. "Patch" means a specific change to the Software that does not require a Release. "Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by Customer is indicated in the Support Plan Options and Pricing Worksheet. "Products" means the Equipment (if applicable as indicated in the Description of Covered Products) and Software provided by Seller. "Releases" means an Update or Upgrade to the Motorola Solutions Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is defined as a release of Motorola Solutions Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the Motorola Solutions Software. Depending on Customer's specific configuration, a Supplemental Release might not be applicable. Supplemental Releases are identified by the third digit of the three -digit release number, shown here as underlined: "1.2.3". A "Standard Release" is defined as a release of Motorola Solutions Software that contains product enhancements and improvements, such as new databases, modifications to databases, or new servers. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training, on -site installation, and System downtime. Standard Releases are identified by the second digit of the three -digit release number, shown here as underlined: "1.2.3". A "Product Release" is defined as a release of Motorola Solutions Software considered to be the next generation of an existing product or a new product offering. Product Releases are identified by the first digit of the three -digit release number, shown here as underlined: "1.2.3". If a question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola Solutions opinion will prevail, provided that Motorola Solutions treats the Product offering as a new Product or feature for its end user customers generally. "Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications. "Services" means those maintenance and support services described in the Support Plan and provided under this Agreement. Motorola Solutions, Inc. PSA M&SA Exhibit B 3 Version 5-25-12 "Software" means the Motorola Solutions Software and Non -Motorola Solutions Software that is furnished with the System or Equipment. "Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. "Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola Solutions holidays. "Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s). "Start Date" means the date upon which this Agreement begins. "System" means the Products and services provided by Seller as a system as more fully described in the Technical and Implementation Documents attached as exhibits to a System Agreement between Customer and Seller (or Motorola Solutions). "Technical Support Services" means the remote telephonic support provided by Seller on a standard and centralized basis concerning the Products, including diagnostic services and troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client -server advice), and minor assistance or advice on installation of Releases provided under this Agreement. "Update" means a Supplemental Release or a Standard Release. "Upgrade" means a Product Release. SCOPE OF SERVICES 1. Seller will provide to Customer the Services as indicated in the Support Plan Options and Pricing Worksheet, and Services will apply only to the Products described in the Description of Covered Products. 2. This Agreement covers all copies of the specified Software listed in the Description of Covered Products that are licensed by Seller to Customer. If, during an annual maintenance and support period, Customer acquires additional units of the Software that is covered by this Agreement, the price for maintenance and support services for those additional units will be calculated and added to the total price either (1) if and when the annual maintenance and support period is renewed or (2) immediately when Customer acquires the additional units, as Motorola Solutions determines. Seller may adjust the price of the maintenance and support services effective as of a renewal if it provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of the annual maintenance and support period. 3. If Seller performs Services at the location of installed Products, Customer agrees to provide to Seller a non -hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Seller to perform its obligations under this Agreement. 4. All Customer requests for covered Services will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet. 5. Seller will provide to Customer Technical Support Services and Releases as follows: 5.1. Seller will provide Technical Support Services and correction of Residual Errors during the PPM in accordance with the exhibits. The level of Technical Support depends upon the Customer's Motorola Solutions, Inc. PSA M&SA Exhibit B 4 Version 5-25-12 selection as indicated in the Support Plan Options and Pricing Worksheet. Any Technical Support Services that are performed by Seller outside the contracted PPM and any Residual Error corrections that are outside the scope will be billed at the then current hourly rates. Technical Support Services will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product and will not be used in lieu of training on the covered Products. 5.2 Unless the Support Plan Options and Pricing Worksheet expressly provides to the contrary, Seller will provide to Customer without additional license fees an available Supplemental or Standard Release after receipt of a request from Customer. In addition, Seller will provide to Customer, remote and/or onsite Services to implement Standard and Supplemental Releases as part of the Maintenance Services. The decision as to whether a Release will be implemented remotely or onsite will be at the Seller's sole discretion. In such instances when by Seller's determination implementation requires customization above standard implementation or when training is required in connection with a Supplemental or Standard Release, Seller will determine the fees associated with the customization or training and provide a quote for Services at the time of Customer request. Customer must pay for any necessary Equipment or third party Software associated with third party implementation provided by Seller in connection with such Supplemental or Standard Release. Seller will provide onsite resources to implement third party Equipment as a part of the Maintenance Services when the third party Equipment is purchased as a part of the requested Upgrade. Any Services will be performed in accordance with a mutually agreed schedule. This paragraph expressly excludes Product Release versions, such as Seller's Premier One Product, as stated in section 5.3 of this Agreement. Some upgrades will require additional fee based products, services or training as part of an Upgrade. 5.3. Seller will provide to Customer an available Product Release after receipt of a request from Customer, but Customer must pay for all additional license fees, any installation or other services, and any necessary Equipment provided by Seller in connection with such Product Release. Any services will be performed in accordance with a mutually agreed schedule. Seller's duty as described in this paragraph is contingent upon Customer's then -current installation at the time of Customer's request being within two (2) Standard Release versions of the new Standard Release available for general release. Any services will be performed in accordance with a mutually agreed schedule. 5.4. Seller does not warrant that a Release will meet Customer's particular requirement, operate in the combinations that Customer will select for use, be uninterrupted or error -free, be backward compatible, or that all errors will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, services to integrate these capabilities and functions to the updated or upgraded version of the Software may be purchased at Customer's request on a time and materials basis at Seller's then current rates for professional services. 5.5. Seller's responsibilities under this Agreement to provide Technical Support Services will be limited to the current Standard Release plus the two (2) prior Standard Releases (collectively referred to in this section as "Covered Standard Releases."). Notwithstanding the preceding sentence, Seller will provide Technical Support Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless such error has been corrected by a Covered Standard Release (in which case Customer will install the Standard Release that fixes the reported error or terminate this Agreement as to the applicable Software). 6. The maintenance and support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specifically exclude and Seller will not be responsible for: 6.1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturer's guidelines. Motorola Solutions, Inc. PSA M&SA Exhibit B 5 Version 5-25-12 6.2. The repair or replacement of Products or parts resulting from failure of the Customer's facilities, Customer's personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by Seller's representatives. 6.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as lightning, power surges, or liquids. 6.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 6.5. Accessories, custom or Special Products; modified units; or modified Software. 6.6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Seller or the failure of the System due to extraordinary uses. 6.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 6.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 6.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 6.10. Services to diagnose malfunctions or inoperability of the Software caused by changes, additions, enhancements, or modifications in the Customer's platform or in the Software. 6.11. Services to correct errors found to be caused by Customer -supplied data, machines, or operator failure. 6.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply (UPS); office furniture including chairs or workstations. 6.13. Third -party software unless specifically listed on the Description of Covered Products. 6.14. Support of any interface(s) beyond Seller -provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications concerning the Products. 6.15. Services related to customer's failure to back up its data or failure to use an UPS system to protect against power interruptions. 6.16. Any design consultation such as, but not limited to, configuration analysis, consultation with Customer's third -party provider(s), and System analysis for modifications or Upgrades or Updates which are not directly related to a Residual Error report. Motorola Solutions, Inc. PSA M&SA Exhibit B 6 Version 5-25-12 7. The Customer hereby agrees to: 7.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 7.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per Seller's recommended backup procedures. 7.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with customer; however, remote access is required and will not be substituted with on -site visits if access is not allowed or available. 7.4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to Seller's Customer Support organization for reporting and verifying problems, and performing System backup. At least one member of the System Administrators group must have completed Seller's End -User training and System Administrator training (if available). The combined skills of this System Administrators group includes proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator will follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Seller. Customer will assist Seller in determining that errors are not the product of the operation of an external system, data links between system, or network administration issues. If a Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Seller's Customer Support Center by telephone, but the System Administrator must follow up with Seller's Customer Support as soon as practical thereafter. 8. In performing repairs under this Agreement, Seller may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Seller will become Seller's property. 9 If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Seller will have the right to adjust the price for the Services to the appropriate current price for the new configuration. 10 Customer agrees not to attempt or apply any update(s), alteration(s), or change(s) to the database software without the prior approval of the Seller. Motorola Solutions, Inc. PSA M&SA Exhibit B 7 Version 5-25-12 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department Introduction Welcome to Motorola Solutions Customer Support. We appreciate your business and look forward to serving your needs on your Public Safety Applications system. The Customer Support Plan is designed to provide Motorola Solutions customers the details necessary for understanding Motorola Solutions overall support processes and policies as a compliment to the Motorola Solutions Maintenance and Support Agreement. The Motorola Solutions Maintenance and Support Agreement is the legal and binding contractual terms for which services are provided under. Questions or concerns regarding your support plan can be directed to your Support Manager. Below are the topics outlined in this Customer Support Plan: I. Service Offerings II. Accessing Customer Support III. Severity Levels and Case Management IV. Responsibilities V. Customer Call Flow VI. Contacts 1. Service Offerings Motorola Solutions Customer Support organization includes a staff of Support Analysts whom are managed by Motorola Solutions Customer Support Managers and are chartered with the direct front-line support of our customers. A Support Analyst is a system technologist responsible for providing direct or escalation support. A Support Analyst is sometimes referred to as a Customer Support Analyst ("GSA") or Technical Support Analyst ("TSA") or Technical Support Representative. Motorola Solutions Support Organization offers a multi -layered approach to a total service solution. Levels of support are defined as follows: Service Levels Level 0 Logging, dispatching and tracking service requests Level 1 Selected 1s" call support, triage and resolution Level 2 Telephone and/or on -site support for normal technical requirements Level 3 High-level technical support prior to Engineering escalation Level 4 Engineering software code fixes and changes Motorola Solutions provides to customers on an active maintenance and support agreement defined services and Software Releases. Specific support definitions, offerings and customer responsibilities are detailed in section 3 of the main body of the maintenance and support agreement. Motorola Solutions, Inc. PSA M&SA Exhibit B 8 Version 5-25-12 ll. Accessing Customer Support The Motorola Solutions System Support Center Operations Motorola Solutions Public Safety Applications Technical Support personnel in cooperation with Motorola Solutions System Support Center ("SSC) provide the gateway to technical support for all of Motorola Solutions Public Safety Application systems. Accessing support through Motorola Solutions toll free 800 number, web ticketing or email ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make certain systems are restored and running at peak levels as quickly as possible. This is accomplished by obtaining accurate customer and problem details and by directing your requests to the right support team in a timely manner. The System Support Center offers total call management including: • Single point of contact for Motorola Solutions service requests • Logging, dispatching and tracking of service requests • System capabilities to identify pending cases and automatically escalate to management • Database and customer profile management • Standard reports with on -demand distribution • Case notification Motorola Solutions System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means you can call us anytime. Support Center personnel enter requests for service, technical assistance, or telephone messages into a database system. Every time you call us, we log information about your request into the tracking system so that the information is available for reference and analysis to better serve your future service needs. Another benefit of logging every service request is that Motorola Solutions and customers can track the progress from initial contact to final resolution. There are three options for accessing Support at Motorola Solutions: 1. Motorola Solutions System Support Center Toll Free Number 2. eCase Management through Motorola Solutions On -Line 3. Email Case Ticketing Option 1 - Call Motorola Solutions System Support Center 11 Motorola Solutions Toll freer elect from the auto attendant as follows' Option 2 — Technical Support of Infrastructure Produc `hen select Option 6 — Public Safety Applications ct the appropriate system type=option GAD . RMS, Records 3. Mobile Applications 4.. Jail Management System Law Records (LRMS) customer Service Reque? All Other Applications Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact and your agency and product specific Site Identification number. Providing a brief problem description will assist in defining the severity level and determine proper case routing to the appropriate Motorola Solutions technical support team member. A unique tracking number will be provided to your agency for future reference. Generally customers calling the toll -free 800 number will access Public Safety Applications technical support directly. For heavy call times or after hours the caller will be directed to Motorola Solutions System Support Call Center Operations. Once the logging process is complete customers are transferred directly to a Technical Support Analyst during Technical Support Operation Hours (6:00 a.m. to 6:00 p.m. Motorola Solutions, Inc. PSA M&SA Exhibit B 9 Version 5-25-12 Mountain Time, Monday to Friday). After support operation hours (6:00 p.m. to 6:00 a.m. Mountain Time, Weekends and Motorola Solutions Holidays) customers will be contacted within the contractually specified period of time by a Technical Support Analyst. Motorola Call Flow Hn auto notification is sent to the customer with the case number that was created. Response to these cases is within 2 hours. Customer Creates an eCase via 1OL or Ema A case is auto logged in Clarity No Yes Yes CAD, JAIL, MOBILE, LRMS, CSR Use the keyword list to determine customers case seventy Yes e Create a tech support case. Provide customer their case number 7 To Technical Support RMS Open and refer to Yes existing Case Create a tech support case. Provide customer their case number Open and refer to existing Case Use the keyword list to determine customer's case severity Motorola Solutions, Inc. PSA M&SA Exhibit B 10 Version 5-25-12 Technical Staff Call Flow An auto notification is sent to the customer with resolution information • An auto notification is sent to / the customer with an update The Support Analyst works the issue making updates to the Clarify case. Is the issue escalated to an SR in Clearquest? No V The Support Analyst works the Clarify case to resolution. Support technician closes the Clarify case End customer process The Support Yes--► Analyst logs the SR. An Engineer works the SR and makes updates to the Clarify case. The Engineer works the SR to resolution. V Support technician'. closes the Clarify case after FRB and CrashTrack process. An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update Motorola Solutions, Inc. PSA M&SA Exhibit B 11 Version 5-25-12 Call Flow After -Hours After- \ Yes RMS CAD, PMDC, JAIL, LRMS, CSR Call the On -Call, Technical Support Analyst ♦ ( End Process) Follow process to create a PO/ Is the customer calling RMS? And is it completely inoperable? Yes Yes Call Support Manager and On - Call Technical Support Analyst Use the keyword list to Create a Clarify determine customer's case case and submit it / severity to the PRODUCT Clarify Queue Motorola Solutions, Inc. PSA M&SA Exhibit B 12 Version 5-25-12 How to Obtain Technical Support for Products Action / Response Step 1. Call the Motorola Solutions System Support Center 1-800-323-9949 Step 2. Select option 2 (Technical Support) Step 3. Select option 6 (Public Safety Applications) Step 4. Select product specific option Step 5. Provide Site Identification Number (See Exhibit A -Description of Covered Products for your agency's Site Identification Numbers) Step 6. Provide Your Information Caller Name Contact Phone Number Description of problem Severity of system problem determined at time of call Time available for call back Email address Step 7. Case Number Generated Caller will receive a Case number for tracking the service request. Check Status The caller may check the status of a Case at any time by calling the System Support Center at 1-800-323-9949 and following steps 2-4 above and providing the case number. Case Assignment The Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Standard Response Time RESPONSE See Section III for Severity Level definitions Severity 1: 1 hour Severity 2: 3 business hours Severity 3: 6 business hours Severity 4: 2 business days Step 8. Notification of CASE All Activity Case Notifications are available for up to 4 persons. Notifications are sent via pager or email when any of the following events occur on a Case: Open, Assigned, Site Arrival, Deferred or Closure. To request case notifications, please contact your Support Manager. Notification of CASE Open/Close Activity Case Notifications are available for up to 4 persons. Notifications are sent via pager or email when any of the following events occur on a Case: Open or Closure. To request case notifications, please contact your Support Manager. Motorola Solutions, Inc. PSA M&SA Exhibit B 13 Version 5-25-12 Option 2 - Submit a ticket via eCase Management from Motorola Solutions On -Line Motorola Solutions On -Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case Management that allows customers to open, update, and view the status of their cases on the web. To set follow the Settina hp a Motorola Solutions On -Line Account a Motorola Solutions On -Line account, please visit https://bustnessonline iT otorola,com an directions on the link for 'Sian Up Now. A user ID and Password are not required for setting up your account,, After accessing the lint_ above, indicate in the Additional Info rmation" field you are a Public,Safety°customerseeking acce to eCase Management. Once you submit you you will receive a confirmation email indicating receipt and including additional details"about the Motorola Solutions',On Line account set up. In: pproximately 4-5business days an additional email will be sent which'Includes details about your ion -Line account. Accessing the Technical Case Management web site Once you have set up your agency's Motorola Solutions On -Line Account, to access the site simply log onto Motorola Solutions at businessonline.motorola.com with your user ID and password, click on the Contact Us 4 Open Case, and select System Support Issue from the Issue Type drop -down. Primary Features of On -Line Technical Case Management Motorola Solutions customers have three main functions available through Motorola Solutions On - Line to manage their cases: A. Open new cases B. Search for existing cases and view details of the existing case C. Update existing cases by adding notes A. Open a New Case 1. Log into Motorola Solutions On -Line 2. Click on the "Case Mgmt" 4 Open Case Mdcone I Conrad WI Help Lgout 0 A SOLUTIONS uyMtg Canter . Resource Center • Training '• Order Status w My Carte . Repair Center Account Status Settings s Case Mgrnt MOTOROLA SYSTEM SUPPORT CENTER (1017597270) 7214 GALVIN OR, ELGIN, IL Home 18001814-0601 Contact Motorola Solutions for your customer care needs. HOME Search Search Cases 3. Then select the Reason Code = System Support Issue (and the page will automatically reload) Motorola Solutions, Inc. PSA M&SA Exhibit B 14 Version 5.25-12 pen Case Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Contact Name: PSA Customer WebID Contact Phone: 8008140601 Contact Email: PT1728@MOTOROLASOLUTIONS,COM Reason: System Support Issue Title: System Support Please Specify Site: Case Type: Please Specify • Severity: Please Specify • System: Please Specify Description: Fill in the Case Title (description of request) and choose the applicable Site (which are listed alphabetically) 4. Choose case type Technical Support, Severity Level and Public Safety Applications System 5. Fill in a detailed description of your issue 6. Click "Create Case" Case Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Contact Name: PSA Customer WebID Contact Phone: 8008140601 Contact Email: PT1728@MOTOROLASOLUT1ONS,COM Reason: System Support Issue Title: System Support Site: Please Specify Case Type: Please Specify Severity: Please Specify System: Please Specify Description: Create Case 7. eCase Management will give immediate confirmation of case number (new case numbers are 8 digits long) 8. The confirmation screen includes "expand all" and "collapse all" buttons for case notes Motorola Solutions, Inc. PSA M&SA Exhibit B 15 Version 5-25-12 B. Search fora Case 1. Log into Motorola Solutions On -Line 2. Click on the "Case Mgmt" Search Case 3. Enter the exact case number or enter search criteria to find a range of tickets 4. Click "Got To" or "Search" MOTOROLA SOLUTIONS 8uyingCenter . Resource Center +' "halm ng or Order Status or My Carts +r Repair Center Account Status Settings - Case rJgmt + OROLA SYSTEM SUPPORT CENTER (1012547730) 2214 GALVIN OR, ELGIN, IL Home (800) 8144401 Contact Motorola Solutions tar your customer care needs. HOME Open Case Search Casts I Contact Lis* Help Loaou Search Go Directly to Case Case Number: (Please enter the exact case number.) Enter Seal h Criteria Case Number: Title: Type: All My Cases Condition: Open 01 Sep 2002 To 06 Mar 2012 • Motorola Solutions, Inc. PSA M&SA Exhibit B 16 Version 5-25-12 C. Add Notes to an Existing Case 1. You can also add notes after submitting your case, by clicking on the "Add Notes" button cotelft Ceee Candtioa: Open TTIIIISIORT Willie! TEST CUS O ' C w %.maim: Nnl ARRI5n Ril baum Type: SyNarn Sas=ed Case Source: Web Conrad Name: TF<,t. Test WwNO co.1 acl Ppo ir: fd7 725.1972 Caetect EmaM:l ar.._•'t14ksI.wmte'S$ Tian TEST , lL:'a e. 6aae. 5..re,,.sw Case Number I System Site ID: llOT7120 wages Sik ham! 'Test Site a$ an e'xJt`lltll0 caw, SyHIaN1' rT Casa Type: N:t v d Managcmard Expend/Collapse Buttons 1291.7111t k•rkenra by [OrIK1' IeseteSMMy, SINnS • bee aearrcN Motorola Solutions On -Line Support 1. Motorola Solutions does not recommend using this tool for opening Severity 1 or 2 cases. For any critical issues, customers should contact the System Support Center by calling 800-323-9949 and following the appropriate prompts. 2. The same guidelines would apply to updating cases with critical information. Any critical updates should be reported directly to Support at 800-323-9949. 3. When updating case notes, please provide contact information, which includes phone number, email, etc. 4. For questions on Motorola Solutions On -Line eCase Management or administrative support, please contact the Motorola Solutions Online Helpdesk at 800-814-0601. Motorola Solutions, Inc. PSA M&SA Exhibit B 17 Version 5-25-12 Requirements for effective usage: Browser: Internet Explorer 5.0 or greater Valid MOL user ID and Password Motorola On-line Flow eCase Process Is the customer entitled to service? Yes s the produc supported by Boulder or Salt Lake City? Boulder V Assign the case to the "PSA Boulder Clarify Queue" No — P (Follow the process to create aPO Assign the Tech —Salt Lake City-4- Support case to the "PSA Salt Lake City" Clarify Queue The case is --- ► assigned to the appropriate queue. To Technical Staff f An auto notification is sent to the owners of the queue. Motorola Solutions, Inc. PSA M&SA Exhibit B 18 Version 5-25-12 Option 3 - Submit a ticket via Email Case Management An alternative Customer Support tool is available for PSA customers. Along with the toll -free phone number and Motorola Solutions Online, customers can request technical support by email. For many customers who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating cases. To ensure proper case management and contractual response, email ticketing is only available for severity levels three and four. In order to properly process a ticket via email, the message must be formatted exactly as described below: Instructions are also located under "Resources" at: https://motonline.mot.com 1. Address your email to PSACASE@motorolasolutions.com 2. Type PSA Service Request and a brief description of the system issue in the Subject line of the e-mail message. This will become the case title 3. Type Site ID = followed by the site identification number of the system location 4. Type Product Type= followed by the product family type. Choose from the following list: • CAD (OR FRIENDS OF CAD, such as AWW, ATM, AVL and UDT) • CSR (CUSTOMER SERVICE REQUEST) • INFOTRAK,LRMS • JAIL MANAGEMENT (OFFENDERTRAK) • MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER) • NETRMS 5. Type Contact First Name = followed by your first name or the name of the person you would like support personnel to contact 6. Type Contact Last Name = followed by your last name or the name of the person you would like support personnel to contact. 7. Type Phone Number = followed by the area code and phone number where the contact person may be reached 8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or two cases must be opened via the toll -free PSA customer support number 9. Type Problem Description = followed by a comprehensive description of the problem 10. Send the message to us. You will receive an email with your case number for future reference. If an email response is not received, or if you need to open a severity level one or two case, please contact the PSA customer support at 1 800-323-9949 for further assistance. SAMPLE Email Ticket Formatting: Send PSACASE [ Cc. - @cc... Subject: PSA Service Request: NetRMS Reports Not Functioning Site ID number: PSA1234_(NetRMS_) {Clarify site identification number) Product type: NetRMS (Specific product such as LRMS, NetRMS, PremierMDC, etc.) Contact first name: John Contact last name: Doe Phone number: 303-123-4567 Severity level: Level 3 (Email ticketing is available for severity levels there and four only) Problem description: NetRMS does not allow for the creation of manual -case reports which is affecting the generation of daily reports (Include a comprehensive description of the problem) Motorola Solutions, Inc. PSA M&SA Exhibit B 19 Version 5-25-12 III. Severity Levels and Case Management Motorola Solutions services and response times are based on the severity levels of the error a customer is experiencing as defined below. This method of response allows Motorola Solutions to prioritize its resources for availability on our customer's more severe service needs. Severity level response time defines the actions that will be taken by Motorola Solutions Support team. Due to the urgency involved in some service cases, Motorola Solutions will make every reasonable effort to provide a temporary or work around solution. When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable Supplemental and or Standard Release. SEVERITY LEVEL DEFINITION RESPONSE TIME 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. Telephone conference p within 1 Hour of initial voice notification 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work- around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Customer's normal use of the System, Subsystem, Product or major non -critical features. Telephone conference within 3 Business Hours of initial voice notification during normal business hours 3 Non -Critical Failure - Non -Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 6 Business Hours of initial notification during normal business hours 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 2 Standard Business Days of initial notification Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated or determined at the time the case is logged. When escalation is required, Motorola Solutions adheres to strict policy dictated by the level of problem severity. Motorola Solutions, Inc. PSA M&SA Exhibit B 20 Version 5-25-12 Severity Level One Escalation Once an issue is escalated to Engineering, the following table is used as an Engineering resolution guideline for standard product problems. scaJation_ Policy- Severity Level 1 CRITICAL ACTION RESPONSIBILITY 0 Hours Initial service request is placed. Support Analyst begins working Support Analyst on problem and verifies / determines severity level. 2 Hours If a resolution is not identified within this timeframe, SA escalates to the Customer Support Manager who assigns Support Analyst additional resources. Email notification to Director of Customer Support Manager Support and Director of System Integration. 4 Hours If a resolution is not identified within this timeframe, Customer Support Manager escalates to the Director of Customer Support Support Manager and Director of System Integration to assign additional Director of Customer Support resources. Email notification to Vice President of System Director of Systems Integration Integration and Vice President Customer Support. 8 Hours Support Manager If a resolution is not identified within this timeframe, Director of Director of Customer Support Customer Support escalates to Vice President of System Director of Systems Integration Integration, Vice President of Support, and account team. VP of System Integration VP of Customer Support 12 Hours If a resolution is not identified within this timeframe, Director of Senior Management Customer Support escalates to Vice President of System Support Integration, Vice President of Support, and account team, Operations Senior Vice President's of Operations, System Integration, Systems Integration Customer Support and Engineering. Engineering All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola Solutions technical support representative, to include notification to Motorola Solutions management 24x7. All other severity level problems logged after business hours will be dispatched the next business morning. 3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Motorola Solutions call incoming center. Motorola Solutions will notify the Customer if Motorola Solutions makes any changes in Severity Level (up or down) of any Customer -reported problem. 3.2 Motorola Solutions will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Motorola Solutions diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Motorola Solutions cannot reproduce, Motorola Solutions may enable a detail error capture/logging process to monitor the System. If Motorola Solutions is unable to correct the reported Residual Error within a reasonable time, Motorola Solutions will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Motorola Solutions, in its sole discretion, determine that such Residual Error is not present in its Release, Motorola Solutions will verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. 3.3 Error Correction Status Report. Motorola Solutions will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. Motorola Solutions, Inc. PSA M&SA Exhibit B 21 Version 5-25-12 IV. Key Responsibilities 4.1 Motorola Solutions Responsibilities 4.1.1 Support on Motorola Solutions Software. Motorola Solutions will provide any required software fixes in the form of either a "patch" or in a Supplemental (maintenance) Release. 4.1.2 Motorola Solutions Response. Motorola Solutions will provide telephone and on -site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet 4.1.3 Remote Installation. At Customer's request, Motorola Solutions will provide remote installation advice or assistance for Updates. 4.1.4 Software Release Compatibility. At Customer's request, Motorola Solutions will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Motorola Solutions Software Supplemental or Standard Releases 4.1.5 Customer Notifications. Motorola Solutions will provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 4.1.6 On -Site Software Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Motorola Solutions facilities. Motorola Solutions will decide whether on -site correction of any Residual Error is required and will take appropriate action. 4.1.7 On -site Product Technical Support Services. Motorola Solutions will furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. Customer will provide on -site hardware service or is responsible for purchasing on -going maintenance for 3rd party on -site hardware support. 4.1.8 PremierCAD HP NonStop S-Series Services: Continuous The PPM is 24 hours a day, 7 days a week. On -site response time is Availability within two (2) hours for customers within 50 miles of an HP Service Center. Includes on site coverage for national holidays. High The PPM is 24 hours a day, 7 days a week. On -site response time is Availability within four (4) hours Includes on site coverage for national holidays. Enhanced The PPM is 8 a.m. 5 p.m. Monday Friday, excluding national Availability holidays On -site response time is next business day. Premier CAD HP NonStop Series hardware service plans coverage includes: • Perform corrective service during the PPM specified in the Plan. • Log all service requests and furnish telephone and/or on-line diagnostic services from the Motorola Solutions' call intake center or the HP Nonstop Global Management Call Support Center (GMCSC) 24 hours per day, 7 days per week. • Furnish all labor, parts, materials, and on -site service during the PPM as necessary to ensure HP NonStop Series hardware is operating in accordance with applicable published specifications. Replacement parts will be new or equivalent of new in performance. Replaced parts will become the property of HP. • Install any mandatory Field Change Order(s) required for the safety or proper operation of maintained HP NonStop Series hardware. • Assign an HP area Lead with rotational Customer Engineers based on geographical regions that will be responsible for providing service. • Provide unlimited level 0 support provided by Motorola Solutions System Support Center Motorola Solutions, Inc. PSA M&SA Exhibit B 22 Version 5-25-12 • Provide unlimited level 1, 2, and 3 technical telephone support provided by Motorola Solutions Technical Support Team • Escalation to Engineering for 491 level support as appropriate • Telephone and Remote VPN support • Software patches, bug fixes and Supplemental (maintenance) releases as described in the maintenance and support agreement terms • Repair or exchange of hardware component failures during the warranty term (as applicable) • Respond to customer's support requests timely. Response criteria are based on severity level as described in Section III of this document. 4.1.9 Decision Support System ("DSS") Products. (Applies to Motorola Solutions Premier CAD Software only). The CAD DSS products are supported on a consultative basis only with annual consultation hours not to exceed eight (8) hours. Any additional consultation will be invoiced on a time and material basis at Motorola Solutions then current rates for professional services 4.1.10 Principle Period of Maintenance. At Customer's request, Motorola Solutions will provide continuous effort to repair a reported problem beyond the PPM per the customer selected service level, provided Customer gives Motorola Solutions access to the Equipment before the end of the PPM, Motorola Solutions will extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional support will be invoiced on a time and material basis at Motorola Solutions then current rates for professional services. 4.1.11 Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state interfaces are not part of the covered Services. 4.1.12 Anti -virus Software. At Customer's request, Motorola Solutions will make every reasonable effort to test and verify specific anti -virus, anti -worm, or anti -hacker patches against a replication of Customer's application. Motorola Solutions will respond to any reported problem as an escalated support call. 4.1.13 Account Reviews. Upon request, Motorola Solutions will provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 4.1.14 Reports. Service history reports and notifications are available from the Motorola Solutions call tracking system. If you are interested in obtaining access to service history reports and ticketing notifications, inquire with your Technical Support Representative. 4.1.15 Annual System Performance Review and Report. Motorola Solutions will prepare the following reports to include. The following applies to Premier CAD & HP NonStop Software only: (a) System Analysis MEASURE: PEEK: VIEW SYS: EMSA/TMDS: File Sizing Evaluate disk and CPU load Evaluate memory availability and use Evaluate use and availability of PCBs Review logs for hardware reports Review file sizing on changeable files (b) Pathway Analysis Evaluate effectiveness of system configuration for current load Evaluate TCP/Server statistics Evaluate efficiency of server class maximum and minimum settings (c) Performance TMX Timings: Evaluate application response times Motorola Solutions, Inc. PSA M&SA Exhibit B 23 Version 5-25.12 Analysis The following applies to Motorola Solutions@ Computer Aided Dispatch Software with on Stratus ftServer only: • Update Equipment drivers • Upload Equipment patches, hot fixes and firmware • Evaluate effectiveness of System configuration for current load based upon overall CPU Utilization Based on the Annual System Performance Review and Reports, Motorola Solutions Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. 4.1.16 Maintenance Contract Administration. Motorola Solutions Maintenance Contracts Administration Department manages the maintenance agreement following the warranty term that may be included in the purchase of a Motorola Solutions system. Approximately four months prior to the expiration of the warranty period, the Motorola Solutions Contracts territory specialist will contact the customer to discuss the options available for their specific site. The terms of the agreement can be customized to your agency's budgetary requirements and cycle. Motorola Solutions offers various levels of support to meet an agency's requirements, for example: • Telephone, VPN support for software fixes • Varying hours of coverage • Third party vendor services • On -site services • Users Conference • Professional Services 4.2 Customer Responsibilities 4.2.1 Initiate Service Request Cases. Contact Motorola Solution through authorized tools and processes outlined in the Motorola Maintenance and Support agreement Exhibit B to initiate technical support request case. 4.2.2 Assess Severity Level. Assist in assessing the correct severity level per the severity level definitions found in Motorola Maintenance and Support Agreement Exhibit B. 4.2.3 Escalate Appropriately. Contact Motorola Solutions to add information or make changes to existing technical support cases, or escalate service requests to Motorola management. Motorola Services management contact information provided in the Motorola Solutions Maintenance and Support Agreement Exhibit B. 4.2.4 Support on Hardware. Customer will provide all on -site hardware service or is responsible for purchasing on -going maintenance for 3rd party on -site hardware support. Third party support on some system components may be available through Motorola Solutions maintenance and support agreement. Customer will contact the appropriate vendor directly for parts and hardware service if not purchased through Motorola Solutions maintenance and support agreement. 4.2.5 VPN connectivity. Provide VPN connectivity and telephone access to Motorola Solutions personnel. 4.2.6 Anti -virus software. Run installed anti -virus software. 4.2.7 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to the System. Before installing OS upgrades, Customer will contact Motorola Solutions to verify that a given OS upgrade is appropriate. Motorola Solutions, Inc. PSA M&SA Exhibit B 24 Version 5-25-12 4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing your system errors, Motorola Solutions has created the Trouble Report Form (page 21). Completion of this form by the customer is voluntary. The Trouble Report form helps Motorola Solutions Technical Support reduce errors by increasing the understanding of the problem description definition. It may also improve repair time by understanding the probability of repeat errors. Additionally, should escalation to Motorola Solutions Engineering team be required, information gathered on this form will aid by potentially avoiding the wait associated with error reoccurrence. Information customers provide on the Trouble Report form will assist Motorola Solutions Support team expedite the troubleshooting process. Your assistance in providing the information is appreciated. Once you complete the form, please e-mail or fax this form to the Technical Support Representative assigned to work on the issue reported. Motorola Solutions, Inc. PSA M&SA Exhibit B 25 Version 5-25-12 Trouble Report Form Agency Name: Contact Name: Contact Phone: Severity Level: Subject: ProductNersion: Problem Description: Steps to Duplicate: Step One: Step Two: Step Three: Step Four: Step Five: Step Six: Step Seven: Additional Steps: Expected Results: Actual Results: Configuration Checked: Motorola Solutions Case Number: E-mail Address: Contact Fax: CAD Correction#: Please ensure that the description provided is as detailed as possible. By including accurate details, Motorola Solutions opportunity to resolve the issue promptly and successfully increases. Please be sensitive to the use of verbiage that is specific to your agency or area of the country. Full understanding of the facts on a reported issue increases Motorola Solutions probability of locating a root cause and achieving a timely resolution. Motorola Solutions understands that duplication is not always easy. However, if you are able to duplicate the issue, providing us with the detailed keystrokes will greatly improve our ability to correct the issue in question. When unable to duplicate the issue on demand, providing us with detailed steps that preceded the issue reported will greatly help. Motorola Solutions, Inc. PSA M&SA Exhibit B 26 Version 5-25-12 V. Customer Call Flow To Be Provided By Customer VI. Contact Information Motorola Solutions Contacts CONTACT Motorola Solutions System Support Center PHONE NUMBER (800) 393-9949 Mike Burpoe Director, Customer Support MVW436@motorolasolutions.com (303) 527-4010 Phillip Askey Tier 2 - Technical Support Manager P.Askey@motorolasolutions.com (720) 565-4764 David Harris Tier 1 - Technical Support Manager DavidHarris@motorolasolutions.com (303) 527-4025 Wayne Parent Technical Support Lead — Records Applications Wayne.Parent@motorolasolutions.com (801) 230-7032 Shelley Rhoads Customer Support Business Operations Manager srhoads@motorolasolutions.com (951) 245-7416 Customer Contacts (to be provided by Customer Customer Agency Name: Address: City, State and Zip: Billing Contact Name: Phone No: Fax No: Email: Backup System Administrator Name: Phone No: Fax No: Email: Service Escalations Contact Name: Title: Phone No: Email: Motorola Solutions, Inc. PSA M&SA Exhibit B 27 Version 5-25-12 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement # 262 Term Length 12 Months Term Start Date 4/1/13 Term End Date 3/31/14 CUSTOMER AGENCY National City Police Department Address 1200 National City Blvd. City, State, Zip National City, CA 91950 Contact Name Tony Abruscato Contact Title Telephone Number (619) 336-4509 Email Address TonyAbruscato@nationalcityca.gov BILLING AGENCY National City Police Department Address 1200 National City Blvd. City, State, Zip National City, CA 91950 Contact Name Tony Abruscato Telephone Number (619) 336-4509 Email Address TonyAbruscato@nationalcityca.gov For support and updates on products below, please contact Motorola Solutions Public Safety Application's Customer Support: (800) 323-9949 Option 2, Option 6, then select the corresponding product prompts as follows: 1_____. CAD PRODUCTS 2 RMS 3 MOBILE APPLICATIONS 4 JAIL MANAGEMENT ❑ PremierOne CADTM ■ PremierOne RecordsTM ■ PremierOne Mobile"' ■ OffendertrakT"^ • PremierCADTM ■ FRMS 0 PremierMDCT"^ • Imagetrak' Solutions® Computer •Motorola • NetRMS Aided ■ AirMobileTM • Case Management System Dispatch ■ CAD HP NonStopTMSeries hardware ■ Cruiser ■ TxMessengerT' ■ ActivePaper 5 LRMS 0 OTHER • InfotrakT"" (LRMS) ■ Integration Framework ❑ Custom Software • UCRR • Enhancements to Products • Customer Service Request System • Other MOTOROLA SOLUTIONS SERVICES TERM FEES /1 STANDARD SUPPORT SERVICES $ 26,343.00 1 Customer Support Plan $ Included 2 Case Management 24X7 $ Included 3 Technical Support Monday through Friday 8:00 a.m. to 5:00 p.m. Customer local time $ Included 4 Third -party Vendor Coordination $ Included 5 On -site Support (when applicable) $ Included 6 System Audit for PremierCAD HP NonStop $ Included 7 SW Releases: Standard & Supplemental $ Included 8 Access to Users Group Site $ Included SUPPLEMENTAL SERVICE OPTIONS Service Descriptions Available Upon Request 1 24x7 Technical Support Svcs $ Included 2 Time and Materials $ 3 Professional Services Training $ 4 Professional Services Upgrades $ 5 Preventive Maintenance $ 6 Users Conference Advance Purchase $ 7 On -site Support (Dedicated Resource) $ 8 GeoFile Services $ MOTOROLA SOLUTIONS TOTAL FEES $ 26,343.00 USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS ■ Users Conference Attendance ($2,650 per Attendee) Year 2013 Number Attendees 0 • Registration fee • Roundtrip travel for event (booked by Motorola Solutions) • Hotel accommodations (booked by Motorola Solutions) • Rental car (booked by Motorola Solutions) • Daily meal allowance determined by Motorola Solutions guidelines) TERM GRAND TOTAL* $ 26,343.00 'Excludes taxes if appficable prepared by: Cindy Marvin, 303-818-3313, CindyMamin@MotorolaSolutions.com Motorola Solutions, Inc. PSA M&SA Exhibit C 28 Version 5-25-12 Exhibit D LABOR RATES MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department The following are Motorola Solutions' current billable rates, subject to an annual change. The following rates apply to Customers with a current, active Maintenance and Support Agreement. Billable rates apply to services provided outside of the PPM. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $186 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $279 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $372 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $558 per hour, 2 hours minimum Above rates reflect labor rate only. Additional fees for on -site travel expenses, third party expenses and /or materials will be quoted at the time of customer request for services. Motorola Solutions, Inc. PSA M&SA Exhibit D 29 Version 5-25-12 RESOLUTION NO. 2013 — 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL SOFTWARE MAINTENANCE AGREEMENT WITH MOTOROLA SOLUTIONS, INC., IN THE NOT TO EXCEED AMOUNT OF $26,343 TO SUPPORT THE MOTOROLA PREMIER MOBILE DATA COMPUTER SOFTWARE WHEREAS, the City desires to employ a consultant to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, Motorola Solutions, Inc., currently provides software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, the Premier MDC software is a proprietary application utilized by police officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police vehicles; and WHEREAS, due to the proprietary nature of the Premier MDC software, Motorola Solutions, Inc. ("Motorola"), is the sole entity qualified to provide on -going software maintenance and support; and WHEREAS, it is requested that Council waive the formal bidding requirements as allowed by National City Municipal Code Section 2.60.220 (B), which states that the City may dispense with the formal bid process when City Council determines that there is only one source from which a particular commodity is available and there is no adequate substitute. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the formal bidding requirements and authorizes the Mayor to execute an Agreement with Motorola Solutions, Inc., in the not to exceed amount of $26,343, to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 20 . n Mor?1son, Mayor ATTEST: ' ' PROV D AS TO FORM: !►' Mich. el R. Dalla, f Clerk C':' .iaGSh;uaSilva City Attor Passed and adopted by the Council of the City of National City, California, on March 19, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City cf( National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-39 of the City of National City, California, passed and adopted by the Council of said City on March 19, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process and authorizing the Mayor to execute a software maintenance agreement with Motorola Solutions Inc. for a not -to -exceed amount of $26,343 to support the Motorola Premier MDC software. PREPARED BY: Ron Williams DEPARTMENT: A. . s;ve S ices PHONE: 619-336-4373 APPROVED B EXPLANATION: Motorola Solutions Inc. provides software maintenance and support s- ' ic& or the National City Police Department Mobile Data Computer (MDC) terminals. The Premier MDC software is a proprietary application utilized by Police Officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police cars. Agreement is for one year of technical support of the Motorola Premier MDC software. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.220 of the Municipal Code, and award the maintenance contract to Motorola Solutions Inc. for the following reasons: 1. Motorola Solutions Inc. is the sole entity qualified to support the proprietary Premier MDC Software No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: ACCOUNT NO. 629-403-082-281-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: euy&--Finance APPROVED: MIS FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: ,, . ntract AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOTOROLA SOLUTIONS, INC. THIS AGREEMENT is entered into as of this 1" day of April, 2013 and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Motorola Solutions, Inc., a "CONTRACTOR". RECITALS WHEREAS, the CITY desires to continue to employ a CONTRACTOR to provide Maintenance and support services for the CITY'S Premier MDC system used by CITY'S Police Department. WHEREAS, the CITY has determined that the CONTRACTOR is a software support business_ and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or its authorized subcontractors under the supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. (Software Support) . The CONTRACTOR will perform services as set forth in the attached Exhibits "A" through "D". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall notrely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. Motorola Solutions, Inc. PSA MaSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Cindy Marnin thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The annual compensation due for all work is $26,343.00. An annual invoice will be processed for payment at the beginning of the term of the agreement and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or any other similar assessments imposed upon Seller. If such charges are imposed upon Seller, Customer will reimburse Seller upon receipt of proper documentation of such assessments. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on 4/1/13. The duration of this Agreement is for the period of 4/1 /1 3 through 3/31/14. The City has the option of renewing this Agreement for three additional one- year extensions. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. [Intentionally omitted.] 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 CITY (except in the context of a major corporate reorganization but with notice). Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all Motorola Solutions, Inc. PSA M85A Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. Except as otherwise may be required under the California Public Records Act, the CITY and CONTRACTOR may from time to time communicate to the other party certain confidential information that is conspicuously marked as confidential to enable the other party to effectively perform the services to be provided herein. The receiving party shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the disclosing party. The receiving party shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein (i.e., those on a "need to know" basis). The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of infonnation; (ii) is, through no fault of the receiving party, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the receiving party without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the receiving party by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The receiving party shall be liable to the disclosing party for any damages caused by breach of this condition, pursuant to the provisions of Section 14. Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 15. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR will indemnify, defend, and hold CITY, its officers and employees harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or damage, reasonable attorney's fees and defense costs, which may accrue against CITY, its officers and employees to the extent it is arising out of or resulting from the negligence or wrongdoing of CONTRACTOR, its subcontractors, or their employees or agents, while performing their duties under this Agreement, provided that CITY gives CONTRACTOR prompt, written notice of any such claim or suit. CITY shall cooperate with CONTRACTOR in its defense or settlement of such claim or suit. This section sets forth the full extent of CONTRACTOR'S general indemnification of CITY, its officers and employees from liabilities that are in any way related to CONTRACTOR'S performance under this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims. demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall include the CITY and its officers, and employees as additional insureds By blanket endorsement. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering bodily injury and property damage arising out of its operations under this Agreement. The policy shall include the CITY and its officers, and employees as additional insureds, blanket endorsement. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a blanket waiver of subrogation in favor of the City. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers and employees. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. Upon execution of the Agreement, an Acord 25 forrn certificate of insurance shall be provided. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by negotiations with senior managers of each party and, if that is not successful within a reasonable time period, by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to litigation. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by negotiation or mediation shall be resolved by litigation in San Diego County, California, or if the parties then so agree, by binding arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall Motorola Solutions, Inc. PSA M8SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated upon thirty (30) days written notice by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. CONTRACTOR will have an opportunity upon receipt of such notice to cure the alleged default within the notice period. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR and that are promised deliverables under this Agreement, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: Motorola Solutions, Inc. PSA M8SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 To CITY: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: Cindy Marnin Motorola Solutions, Inc. 7237 Church Ranch Blvd., Suite 406 Westminster, CO 80021 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand. request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. LIMITATION OF LIABILITY. Exccpt for personal injury or death or damage to property, Motorola's total liability, whether for breach of contract, warranty, negligence, strict Motorola Solutions, Inc. PSA MEtSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed S50,000. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 25. WARRANTY. Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty. Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 26. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Audit. [Intentionally omitted.] Motorola Solutions, Inc. PSA MBSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement. (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. Force Majeure. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. Motorola Solutions, Inc. PSA MFtsa Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney MOTOROLA SOLUTIONS, INC. (Corporation — signatures of two corporate officers,) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department Site Identification Numbers Product Premier MDCTM Site Id PSA0344_(PMDC) The following table lists the Products under maintenance coverage: Product Description Service Level Qty Term Fees Premier MDCT"' Server Software License (21- 40 units) Client Software ((21-40 units) In -House Client Software Interface CAD to Standard Motorola API 24x7 1 36 1 1 TOTAL $26,343.00 Motorola Solutions, Inc. PSA M&SA Exhibit A 2 Version 5-25-12 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. "Motorola Solutions Software" means Software that Motorola Solutions owns. The term includes Product Releases, Standard Releases, and Supplemental Releases. "Non -Motorola Solutions Software" means Software that a party other than Motorola Solutions owns. "Optional Technical Support Services" means fee -based technical support services that are not covered as part of the standard Technical Support Services. "Patch" means a specific change to the Software that does not require a Release. "Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by Customer is indicated in the Support Plan Options and Pricing Worksheet. "Products" means the Equipment (if applicable as indicated in the Description of Covered Products) and Software provided by Seller. "Releases" means an Update or Upgrade to the Motorola Solutions Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is defined as a release of Motorola Solutions Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the Motorola Solutions Software. Depending on Customer's specific configuration, a Supplemental Release might not be applicable. Supplemental Releases are identified by the third digit of the three -digit release number, shown here as underlined: "1.2.3". A "Standard Release" is defined as a release of Motorola Solutions Software that contains product enhancements and improvements, such as new databases, modifications to databases, or new servers. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training, on -site installation, and System downtime. Standard Releases are identified by the second digit of the three -digit release number, shown here as underlined: "1.2.3". A "Product Release" is defined as a release of Motorola Solutions Software considered to be the next generation of an existing product or a new product offering. Product Releases are identified by the first digit of the three -digit release number, shown here as underlined: "1.2.3". If a question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola Solutions opinion will prevail, provided that Motorola Solutions treats the Product offering as a new Product or feature for its end user customers generally. "Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications. "Services" means those maintenance and support services described in the Support Plan and provided under this Agreement. Motorola Solutions, Inc. PSA M&SA Exhibit B 3 Version 5-25-12 "Software" means the Motorola Solutions Software and Non -Motorola Solutions Software that is furnished with the System or Equipment. "Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. "Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola Solutions holidays. "Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s). "Start Date" means the date upon which this Agreement begins. "System" means the Products and services provided by Seller as a system as more fully described in the Technical and Implementation Documents attached as exhibits to a System Agreement between Customer and Seller (or Motorola Solutions). "Technical Support Services" means the remote telephonic support provided by Seller on a standard and centralized basis concerning the Products, including diagnostic services and troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client -server advice), and minor assistance or advice on installation of Releases provided under this Agreement. "Update" means a Supplemental Release or a Standard Release. "Upgrade" means a Product Release. SCOPE OF SERVICES 1. Seller will provide to Customer the Services as indicated in the Support Plan Options and Pricing Worksheet, and Services will apply only to the Products described in the Description of Covered Products. 2. This Agreement covers all copies of the specified Software listed in the Description of Covered Products that are licensed by Seller to Customer. If, during an annual maintenance and support period, Customer acquires additional units of the Software that is covered by this Agreement, the price for maintenance and support services for those additional units will be calculated and added to the total price either (1) if and when the annual maintenance and support period is renewed or (2) immediately when Customer acquires the additional units, as Motorola Solutions determines. Seller may adjust the price of the maintenance and support services effective as of a renewal if it provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of the annual maintenance and support period. 3. If Seller performs Services at the location of installed Products, Customer agrees to provide to Seller a non -hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Seller to perform its obligations under this Agreement. 4. All Customer requests for covered Services will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet. 5. Seller will provide to Customer Technical Support Services and Releases as follows: 5.1. Seller will provide Technical Support Services and correction of Residual Errors during the PPM in accordance with the exhibits. The level of Technical Support depends upon the Customer's Motorola Solutions, Inc. PSA M&SA Exhibit B 4 Version 5-25-12 selection as indicated in the Support Plan Options and Pricing Worksheet. Any Technical Support Services that are performed by Seller outside the contracted PPM and any Residual Error corrections that are outside the scope will be billed at the then current hourly rates. Technical Support Services will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product and will not be used in lieu of training on the covered Products. 5.2 Unless the Support Plan Options and Pricing Worksheet expressly provides to the contrary, Seller will provide to Customer without additional license fees an available Supplemental or Standard Release after receipt of a request from Customer. In addition, Seller will provide to Customer, remote and/or onsite Services to implement Standard and Supplemental Releases as part of the Maintenance Services. The decision as to whether a Release will be implemented remotely or onsite will be at the Seller's sole discretion. In such instances when by Seller's determination implementation requires customization above standard implementation or when training is required in connection with a Supplemental or Standard Release, Seller will determine the fees associated with the customization or training and provide a quote for Services at the time of Customer request. Customer must pay for any necessary Equipment or third party Software associated with third party implementation provided by Seller in connection with such Supplemental or Standard Release. Seller will provide onsite resources to implement third party Equipment as a part of the Maintenance Services when the third party Equipment is purchased as a part of the requested Upgrade. Any Services will be performed in accordance with a mutually agreed schedule. This paragraph expressly excludes Product Release versions, such as Seller's Premier One Product, as stated in section 5.3 of this Agreement. Some upgrades will require additional fee based products, services or training as part of an Upgrade. 5.3. Seller will provide to Customer an available Product Release after receipt of a request from Customer, but Customer must pay for all additional license fees, any installation or other services, and any necessary Equipment provided by Seller in connection with such Product Release. Any services will be performed in accordance with a mutually agreed schedule. Seller's duty as described in this paragraph is contingent upon Customer's then -current installation at the time of Customer's request being within two (2) Standard Release versions of the new Standard Release available for general release. Any services will be performed in accordance with a mutually agreed schedule. 5.4. Seller does not warrant that a Release will meet Customer's particular requirement, operate in the combinations that Customer will select for use, be uninterrupted or error -free, be backward compatible, or that all errors will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, services to integrate these capabilities and functions to the updated or upgraded version of the Software may be purchased at Customer's request on a time and materials basis at Seller's then current rates for professional services. 5.5. Seller's responsibilities under this Agreement to provide Technical Support Services will be limited to the current Standard Release plus the two (2) prior Standard Releases (collectively referred to in this section as "Covered Standard Releases."). Notwithstanding the preceding sentence, Seller will provide Technical Support Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless such error has been corrected by a Covered Standard Release (in which case Customer will install the Standard Release that fixes the reported error or terminate this Agreement as to the applicable Software). 6. The maintenance and support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specifically exclude and Seller will not be responsible for: 6.1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturer's guidelines. Motorola Solutions, Inc. PSA M&SA Exhibit B 5 Version 5-25-12 6.2. The repair or replacement of Products or parts resulting from failure of the Customer's facilities, Customer's personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by Seller's representatives. 6.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as lightning, power surges, or liquids. 6.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 6.5. Accessories, custom or Special Products; modified units; or modified Software. 6.6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Seller or the failure of the System due to extraordinary uses. 6.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 6.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 6.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 6.10. Services to diagnose malfunctions or inoperability of the Software caused by changes, additions, enhancements, or modifications in the Customer's platform or in the Software. 6.11. Services to correct errors found to be caused by Customer -supplied data, machines, or operator failure. 6.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply (UPS); office furniture including chairs or workstations. 6.13. Third -party software unless specifically listed on the Description of Covered Products. 6.14. Support of any interface(s) beyond Seller -provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications concerning the Products. 6.15. Services related to customer's failure to back up its data or failure to use an UPS system to protect against power interruptions. 6.16. Any design consultation such as, but not limited to, configuration analysis, consultation with Customer's third -party provider(s), and System analysis for modifications or Upgrades or Updates which are not directly related to a Residual Error report. Motorola Solutions, Inc. PSA M&SA Exhibit B 6 Version 5-25-12 7. The Customer hereby agrees to: 7.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 7.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per Seller's recommended backup procedures. 7.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with customer; however, remote access is required and will not be substituted with on -site visits if access is not allowed or available. 7.4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to Seller's Customer Support organization for reporting and verifying problems, and performing System backup. At least one member of the System Administrators group must have completed Seller's End -User training and System Administrator training (if available). The combined skills of this System Administrators group includes proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator will follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Seller. Customer will assist Seller in determining that errors are not the product of the operation of an external system, data links between system, or network administration issues. If a Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Seller's Customer Support Center by telephone, but the System Administrator must follow up with Seller's Customer Support as soon as practical thereafter. 8. In performing repairs under this Agreement, Seller may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Seller will become Seller's property. 9 If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Seller will have the right to adjust the price for the Services to the appropriate current price for the new configuration. 10 Customer agrees not to attempt or apply any update(s), alteration(s), or change(s) to the database software without the prior approval of the Seller. Motorola Solutions, Inc. PSA M&SA Exhibit B 7 Version 5-25-12 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department Introduction Welcome to Motorola Solutions Customer Support. We appreciate your business and look forward to serving your needs on your Public Safety Applications system. The Customer Support Plan is designed to provide Motorola Solutions customers the details necessary for understanding Motorola Solutions overall support processes and policies as a compliment to the Motorola Solutions Maintenance and Support Agreement. The Motorola Solutions Maintenance and Support Agreement is the legal and binding contractual terms for which services are provided under. Questions or concerns regarding your support plan can be directed to your Support Manager. Below are the topics outlined in this Customer Support Plan: I. Service Offerings II. Accessing Customer Support III. Severity Levels and Case Management IV. Responsibilities V. Customer Call Flow VI. Contacts 1. Service Offerings Motorola Solutions Customer Support organization includes a staff of Support Analysts whom are managed by Motorola Solutions Customer Support Managers and are chartered with the direct front-line support of our customers. A Support Analyst is a system technologist responsible for providing direct or escalation support. A Support Analyst is sometimes referred to as a Customer Support Analyst ("CSA") or Technical Support Analyst ("TSA") or Technical Support Representative. Motorola Solutions Support Organization offers a multi -layered approach to a total service solution. Levels of support are defined as follows: Service Levels Level 0 Logging, dispatching and tracking service requests Level 1 Selected 1st call support, triage and resolution Level 2 Telephone and/or on -site support for normal technical requirements Level 3 High-level technical support prior to Engineering escalation Level 4 Engineering software code fixes and changes Motorola Solutions provides to customers on an active maintenance and support agreement defined services and Software Releases. Specific support definitions, offerings and customer responsibilities are detailed in section 3 of the main body of the maintenance and support agreement. Motorola Solutions, Inc. PSA M&SA Exhibit B 8 Version 5-25-12 II. Accessing Customer Support The Motorola Solutions System Support Center Operations Motorola Solutions Public Safety Applications Technical Support personnel in cooperation with Motorola Solutions System Support Center ("SSC") provide the gateway to technical support for all of Motorola Solutions Public Safety Application systems. Accessing support through Motorola Solutions toll free 800 number, web ticketing or email ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make certain systems are restored and running at peak levels as quickly as possible. This is accomplished by obtaining accurate customer and problem details and by directing your requests to the right support team in a timely manner. The System Support Center offers total call management including: • Single point of contact for Motorola Solutions service requests • Logging, dispatching and tracking of service requests • System capabilities to identify pending cases and automatically escalate to management • Database and customer profile management • Standard reports with on -demand distribution • Case notification Motorola Solutions System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means you can call us anytime. Support Center personnel enter requests for service, technical assistance, or telephone messages into a database system. Every time you call us, we log information about your request into the tracking system so that the information is available for reference and analysis to better serve your future service needs. Another benefit of logging every service request is that Motorola Solutions and customers can track the progress from initial contact to final resolution. There are three options for accessing Support at Motorola Solutions: 1. Motorola Solutions System Support Center Toll Free Number 2. eCase Management through Motorola Solutions On -Line 3. Email Case Ticketing Option 1 - Call Motorola Solutions System Support Center Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact and your agency and product specific Site Identification number. Providing a brief problem description will assist in defining the severity level and determine proper case routing to the appropriate Motorola Solutions technical support team member. A unique tracking number will be provided to your agency for future reference. Generally customers calling the toll -free 800 number will access Public Safety Applications technical support directly. For heavy call times or after hours the caller will be directed to Motorola Solutions System Support Call Center Operations. Once the logging process is complete customers are transferred directly to a Technical Support Analyst during Technical Support Operation Hours (6:00 a.m. to 6:00 p.m. Motorola Solutions, Inc. PSA M&SA Exhibit B 9 Version 5-25-12 Mountain Time, Monday to Friday). After support operation hours (6:00 p.m. to 6:00 a.m. Mountain Time, Weekends and Motorola Solutions Holidays) customers will be contacted within the contractually specified period of time by a Technical Support Analyst. Motorola Call Flow An auto notification is sent to the customer with the case number that was created. Response to these cases is \ / within 2 hours. / Customer \ Creates an eCase via 'MOL or Email V A case is auto logged in Clarify reCase Process Customer ( calls 800- , 323-9949 i. is this within business hours? Yes y the custo'rner entitled to -No b.(' Folelowre-a tperocea posstc;') servIce? Yes y Productsupport Rms 1„ Is th is a new team? issue? CAD, JAIL, M0131LE, LRMS, CSR Use the keyword list to determine customer's case severity Is this a new Open and refer to issue? existing Case Yes Create a tech support case. Provide customer their case number Yes Create a tech support case. Provide customer their case number Noiv Open and refer to existing Case Use the keyword list to determine customers case severity Motorola Solutions, Inc. PSA M&SA Exhibit B 10 Version 5-25-12 Technical Staff CaII Flow • The Support Analyst works the issue making updates to the Clarify case. Is the issue escalated to an SR >---Yes- \in Clearquest7Zz No • The Support Analyst works the Clarify case to resolution. Support technician closes the Clarify case An auto notification is sent to the customer with resolution information • / \ End customer process N An auto notification is sent to the customer with an update The Support Analyst logs the SR 1 An Engineer works the SR and makes updates to the Clarify case. The Engineer works the SR to resolution. + Support technician closes the Clarify case after FRB and CrashTrack process. An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update Motorola Solutions, Inc. PSA M&SA Exhibit B 11 Version 5-25-12 CaII Flow After -Hours After - Hours,. j � Is the l customer entitled to \> service? Yes \ Product supported \ team? CAD, PMDC, JAIL, LRMS, CSR ♦ Call the On -Call, Technical Support Analyst End Process )H No ).( Follow process to create a PO RMS Is \ ' the customer vGold Level?,../ \ / No / 7 Is the \,„- customer < calling RMS? 7. And is it completely inoperable? Create a Clarify case and submit it to the PRODUCT Clarify Queue i Yes Yes Call Support Manager and On - Call Technical Support Analyst Use the keyword list to determine customer's case severity Motorola Solutions, Inc. PSA M&SA Exhibit B 12 Version 5-25-12 How to Obtain Technical Support for Products Action / Response Step 1. Call the Motorola Solutions System Support Center 1-800-323-9949 Step 2. Select option 2 (Technical Support) Step 3. Select option 6 (Public Safety Applications) Step 4. Select product specific option Step 5. Provide Site Identification Number (See Exhibit A -Description of Covered Products for your agency's Site Identification Numbers) Step 6. Provide Your Information Caller Name Contact Phone Number Description of problem Severity of system problem determined at time of call Time available for call back Email address Step 7. Case Number Generated Caller will receive a Case number for tracking the service request. Check Status The caller may check the status of a Case at any time by calling the System Support Center at 1-800-323-9949 and following steps 2-4 above and providing the case number. Case Assignment The Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Standard Response Time RESPONSE See Section III for Severity Level definitions Severity 1: 1 hour Severity 2: 3 business hours Severity 3: 6 business hours Severity 4: 2 business days Step 8. Notification of CASE All Case Notifications are available for up to 4 persons. Activity Notifications are sent via pager or email when any of the following events occur on a Case: Open, Assigned, Site Arrival, Deferred or Closure. To request case notifications, please contact your Support Manager. Notification of CASE Open/Close Case Notifications are available for up to 4 persons. Activity Notifications are sent via pager or email when any of the following events occur on a Case: Open or Closure. To request case notifications, please contact your Support Manager. Motorola Solutions, Inc. PSA M&SA Exhibit B 13 Version 5-25-12 Option 2 - Submit a ticket via eCase Management from Motorola Solutions On -Line Motorola Solutions On -Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case Management that allows customers to open, update, and view the status of their cases on the web. Accessing the Technical Case Management web site Once you have set up your agency's Motorola Solutions On -Line Account, to access the site simply log onto Motorola Solutions at businessonline.motorola.com with your user ID and password, click on the Contact Us - Open Case, and select System Support Issue from the Issue Type drop -down. Primary Features of On -Line Technical Case Management Motorola Solutions customers have three main functions available through Motorola Solutions On - Line to manage their cases: A. Open new cases B. Search for existing cases and view details of the existing case C. Update existing cases by adding notes A. Open a New Case 1. Log into Motorola Solutions On -Line 2. Click on the "Case Mgmt" 4 Open Case MOTOROLA SOLUTIONS guying Center + Resource Center 'Taming Order Status . Ely Carts . Repair Center Account Status Settings • Cast C Change MOTOROLA SYSTEM SUMO CENTER (101259M0) 2214 GA&VDM OR, ELGDN,1i Home 1800) 8140601 Contact Motorola Sokrtlona for your customer cars needs. HOME Welcome PSA Custom' I CorRaetlHt Nolo Lopous Oper Case Secs Cases Search 1 3. Then select the Reason Code = System Support Issue (and the page will automatically reload) Motorola Solutions, Inc. PSA M&SA Exhibit B 14 Version 5-25-12 Open Case Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Contact Name: PSA Customer WebID Contact Phone: 8008140601 Contact Email PT1728@MOTOROLASOLUTIONS,COM Reason: System Support Issue Tale: System Supportt� Site: Please Specify Case Type: Please Specify Severity: Please Specify • System: Please Specify Description: Fill in the Case Title (description of request) and choose the applicable Site (which are listed alphabetically) 4. Choose case type Technical Support, Severity Level and Public Safety Applications System 5. Fill in a detailed description of your issue 6. Click "Create Case" Open Case Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Contact Name: PSA Customer WebID Contact Phone: 8008140601 Contact Email PT1728r@MOTOROLASOLU11ONS,COM Reason: System Support Issue Tine: System Support Sit e Please Specify Case Type: Please Specify Several,: Please Specify System: Please Specify Descriptiac — . Create Case 7. eCase Management will give immediate confirmation of case number (new case numbers are 8 digits long) 8. The confirmation screen includes "expand all" and "collapse all" buttons for case notes Motorola Solutions, Inc. PSA M&SA Exhibit B 15 Version 5-25-12 B. Search for a Case 1. Log into Motorola Solutions On -Line 2. Click on the "Case Mgmt" -) Search Case 3. Enter the exact case number or enter search criteria to find a range of tickets 4. Click "Got To" or "Search" MOTOROLA SOLUTIONS Welcome PSACust:me I Contact UM Help Logou r1 Search _.._.___.. �`■ Buying Center Resource Center . Tr.ening . Order Status . IAy Carts Repair Center Account Status Settings . Case Pm' . MOTOROtA SYSTEM SUPPORT CENTER (1012517130) 2214 GALVIN DR, ELGIN, IL Home (800) 814.0601 Contact Motorola Solution for your customer care needs. HOME Open Case Search Cases Go Directly to Case Case Number: (Please enter the exact case number.) Enter Search Criteria Case Number. Title: Type: All My Cases Condition: Open Ci 01 Sep 2002 To 06 Mar 2012 Motorola Solutions, Inc. PSA M&SA Exhibit B 16 Version 5-25-12 C. Add Notes to an Existing Case 1. You can also add notes after submitting your case, by clicking on the "Add Notes" button mow Cane Candilioa; Opn Ouaoamae wet: TEST CUSTOMER Cow rinlala: Nni Aaai9nnn tarn Type: £r1larn Swpoa Cale soon»: web Comae Metier Test Test WoblD Comae PIMSC E47 7254972 Caatae Eneat:l tegt@t4i51„COniteSt Case Number Title: TEST Symen Sib ID: e.4DT1130 Syron sir NUM! Test Site as an example Esse %pepn: FT Cora Typo: Network Monogarnerd Expand/Collapse Buttons 1241aca4 aWQP41 as AXIOM INcerbe/: pbeeeSaeete, Skim • [fa /Nees/ 291204 3S99 Ps kwrod by roshi Motorola Solutions On -Line Support Add Notes 1. Motorola Solutions does not recommend using this tool for opening Severity 1 or 2 cases. For any critical issues, customers should contact the System Support Center by calling 800-323-9949 and following the appropriate prompts. 2. The same guidelines would apply to updating cases with critical information. Any critical updates should be reported directly to Support at 800-323-9949. 3. When updating case notes, please provide contact information, which includes phone number, email, etc. 4. For questions on Motorola Solutions On -Line eCase Management or administrative support, please contact the Motorola Solutions Online Helpdesk at 800-814-0601. Motorola Solutions, Inc. PSA M&SA Exhibit B 17 Version 5-25-12 Requirements for effective usage: Browser: Internet Explorer 5.0 or greater Valid MOL user ID and Password Motorola On-line Flow eCase Process ) / / Is the customer \ entitled to \v service? Yes �s the produc% supported by '\ Boulder or Salt /. Lake City? ,/ Boulder Assign the case to the "PSA Boulder — - Clarify Queue" Follow the \ No -0.i process to create I aPO Salt Lake City --- Assign the Tech Support case to the "PSA Salt Lake City" Clarify Queue The case is ► assigned to the appropriate queue. An auto notification is sent to the owners of the queue. Motorola Solutions, Inc. PSA M&SA Exhibit B 18 Version 5-25-12 Option 3 - Submit a ticket via Email Case Management An alternative Customer Support tool is available for PSA customers. Along with the toll -free phone number and Motorola Solutions Online, customers can request technical support by email. For many customers who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating cases. To ensure proper case management and contractual response, email ticketing is only available for severity levels three and four. In order to properly process a ticket via email, the message must be formatted exactly as described below: Instructions are also located under "Resources" at: https://motonline.mot.com 1. Address your email to PSACASE(a�motorolasolutions.com 2. Type PSA Service Request and a brief description of the system issue in the Subject line of the e-mail message. This will become the case title 3. Type Site ID = followed by the site identification number of the system location 4. Type Product Type= followed by the product family type. Choose from the following list: • CAD (OR FRIENDS OF CAD, such as AWW, ATM, AVL and UDT) • CSR (CUSTOMER SERVICE REQUEST) • INFOTRAK, LRMS • JAIL MANAGEMENT (OFFENDERTRAK) • MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER) • NETRMS 5. Type Contact First Name = followed by your first name or the name of the person you would like support personnel to contact 6. Type Contact Last Name = followed by your last name or the name of the person you would like support personnel to contact. 7. Type Phone Number = followed by the area code and phone number where the contact person may be reached 8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or two cases must be opened via the toll -free PSA customer support number 9. Type Problem Description = followed by a comprehensive description of the problem 10. Send the message to us. You will receive an email with your case number for future reference. If an email response is not received, or if you need to open a severity level one or two case, please contact the PSA customer support at 1 800-323-9949 for further assistance. SAMPLE Email Ticket Formatting: u7P.- 'i.-' PSACASE Subject: PSA Service Request: NetRMS Reports Not Functioning Site ID number: PSA1234_(NetRMS_) (Clarify site identification number) Product type: NetRMS (Specific product such as LRMS, NetRMS, PremierMDC, etc.) Contact first name: John Contact last name: Doe Phone number: 303-123-4567 Severity level: Level 3 (Email ticketing is available for severity levels there and four only) Problem description: NetRMS does not allow for the creation of manual -case reports which is affecting the generation of daily reports (include a comprehensive description of the problem) 11 Motorola Solutions, Inc. PSA M&SA Exhibit B 19 Version 5-25-12 Ill. Severity Levels and Case Management Motorola Solutions services and response times are based on the severity levels of the error a customer is experiencing as defined below. This method of response allows Motorola Solutions to prioritize its resources for availability on our customer's more severe service needs. Severity level response time defines the actions that will be taken by Motorola Solutions Support team. Due to the urgency involved in some service cases, Motorola Solutions will make every reasonable effort to provide a temporary or work around solution. When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable Supplemental and or Standard Release. 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. Telephone conference within 1 Hour of initial voice notification 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work- around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Customer's normal use of the System, Subsystem, Product or major non -critical features. Telephone conference within 3 Business Hours of initial voice notification during normal business hours 3 Non -Critical Failure - Non -Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 6 Business Hours of initial notification during normal business hours 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 2 Standard Business Days of Initial notification Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated or determined at the time the case is logged. When escalation is required, Motorola Solutions adheres to strict policy dictated by the level of problem severity. Motorola Solutions, Inc. PSA M&SA Exhibit B 20 Version 5-25-12 Severity Level One Escalation Once an issue is escalated to Engineering, the following table is used as an Engineering resolution guideline for standard product problems. CRITICAL ACTION RESPONSIBILITY 0 Hours Initial service request is placed. Support Analyst begins working Support Analyst on problem and verifies / determines severity level. If a resolution is not identified within this timeframe, SA 2 Hours escalates to the Customer Support Manager who assigns Support Analyst additional resources. Email notification to Director of Customer Support Manager Support and Director of System Integration. If a resolution is not identified within this timeframe, Customer Support Manager escalates to the Director of Customer Support Support Manager 4 Hours and Director of System Integration to assign additional Director of Customer Support resources. Email notification to Vice President of System Director of Systems Integration Integration and Vice President Customer Support. Support Manager If a resolution is not identified within this timeframe, Director of Director of Customer Support 8 Hours Customer Support escalates to Vice President of System Director of Systems Integration Integration, Vice President of Support, and account team. VP of System Integration VP of Customer Support If a resolution is not identified within this timeframe, Director of Senior Management Customer Support escalates to Vice President of System Support 12 Hours Integration, Vice President of Support, and account team, Operations Senior Vice President's of Operations, System Integration, Systems Integration Customer Support and Engineering. Engineering All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola Solutions technical support representative, to include notification to Motorola Solutions management 24x7. All other severity level problems logged after business hours will be dispatched the next business morning. 3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Motorola Solutions call incoming center. Motorola Solutions will notify the Customer if Motorola Solutions makes any changes in Severity Level (up or down) of any Customer -reported problem. 3.2 Motorola Solutions will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Motorola Solutions diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Motorola Solutions cannot reproduce, Motorola Solutions may enable a detail error capture/logging process to monitor the System. If Motorola Solutions is unable to correct the reported Residual Error within a reasonable time, Motorola Solutions will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Motorola Solutions, in its sole discretion, determine that such Residual Error is not present in its Release, Motorola Solutions will verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. 3.3 Error Correction Status Report. Motorola Solutions will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. Motorola Solutions, Inc. PSA M&SA Exhibit B 21 Version 5-25-12 IV. Key Responsibilities 4.1 Motorola Solutions Responsibilities 4.1.1 Support on Motorola Solutions Software. Motorola Solutions will provide any required software fixes in the form of either a "patch" or in a Supplemental (maintenance) Release. 4.1.2 Motorola Solutions Response. Motorola Solutions will provide telephone and on -site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet, 4.1.3 Remote Installation. At Customer's request, Motorola Solutions will provide remote installation advice or assistance for Updates. 4.1.4 Software Release Compatibility. At Customer's request, Motorola Solutions will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Motorola Solutions Software Supplemental or Standard Releases 4.1.5 Customer Notifications. Motorola Solutions will provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 4.1.6 On -Site Software Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Motorola Solutions facilities. Motorola Solutions will decide whether on -site correction of any Residual Error is required and will take appropriate action. 4.1.7 On -site Product Technical Support Services. Motorola Solutions will furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. Customer will provide on -site hardware service or is responsible for purchasing on -going maintenance for 3rd party on -site hardware support. 4.1.8 PremierCAD HP NonStop S-Series Services: Continuous The PPM is 24 hours a day, 7 days a week. On -site response time is Availability within two (2) hours for customers within 50 miles of an HP Service Center. Includes on site coverage for national holidays. High The PPM is 24 hours a day, 7 days a week. On -site response time is Availability within four (4) hours. Includes on -site coverage for national holidays Enhanced The PPM is 8 a.m. — 5 p.m. Monday -Friday, excluding national Availability holidays On site response time is next business day. Premier CAD HP NonStop Series hardware service plans coverage includes: • Perform corrective service during the PPM specified in the Plan. • Log all service requests and furnish telephone and/or on-line diagnostic services from the Motorola Solutions' call intake center or the HP Nonstop Global Management Call Support Center (GMCSC) 24 hours per day, 7 days per week. • Furnish all labor, parts, materials, and on -site service during the PPM as necessary to ensure HP NonStop Series hardware is operating in accordance with applicable published specifications. Replacement parts will be new or equivalent of new in performance. Replaced parts will become the property of HP. • Install any mandatory Field Change Order(s) required for the safety or proper operation of maintained HP NonStop Series hardware. • Assign an HP area Lead with rotational Customer Engineers based on geographical regions that will be responsible for providing service. • Provide unlimited level 0 support provided by Motorola Solutions System Support Center Motorola Solutions, Inc. PSA M&SA Exhibit B 22 Version 5-25-12 • Provide unlimited level 1, 2, and 3 technical telephone support provided by Motorola Solutions Technical Support Team • Escalation to Engineering for 4'h level support as appropriate • Telephone and Remote VPN support • Software patches, bug fixes and Supplemental (maintenance) releases as described in the maintenance and support agreement terms • Repair or exchange of hardware component failures during the warranty term (as applicable) • Respond to customer's support requests timely. Response criteria are based on severity level as described in Section III of this document. 4.1.9 Decision Support System ("DSS") Products. (Applies to Motorola Solutions Premier CAD Software only). The CAD DSS products are supported on a consultative basis only with annual consultation hours not to exceed eight (8) hours. Any additional consultation will be invoiced on a time and material basis at Motorola Solutions then current rates for professional services 4.1.10 Principle Period of Maintenance. At Customer's request, Motorola Solutions will provide continuous effort to repair a reported problem beyond the PPM per the customer selected service level, provided Customer gives Motorola Solutions access to the Equipment before the end of the PPM, Motorola Solutions will extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional support will be invoiced on a time and material basis at Motorola Solutions then current rates for professional services. 4.1.11 Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state interfaces are not part of the covered Services. 4.1.12 Anti -virus Software. At Customer's request, Motorola Solutions will make every reasonable effort to test and verify specific anti -virus, anti -worm, or anti -hacker patches against a replication of Customer's application. Motorola Solutions will respond to any reported problem as an escalated support call. 4.1.13 Account Reviews. Upon request, Motorola Solutions will provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 4.1.14 Reports. Service history reports and notifications are available from the Motorola Solutions call tracking system. If you are interested in obtaining access to service history reports and ticketing notifications, inquire with your Technical Support Representative. 4.1.15 Annual System Performance Review and Report. Motorola Solutions will prepare the following reports to include. The following applies to Premier CAD & HP NonStop Software only: (a) System Analysis MEASURE: PEEK: VIEWSYS: EMSA/TMDS: File Sizing Evaluate disk and CPU load Evaluate memory availability and use Evaluate use and availability of PCBs Review logs for hardware reports Review file sizing on changeable files (b) Pathway Analysis Evaluate effectiveness of system configuration for current load Evaluate TCP/Server statistics Evaluate efficiency of server class maximum and minimum settings (c) Performance TMX Timings: Evaluate application response times Motorola Solutions, Inc. PSA M&SA Exhibit B 23 Version 5-25-12 Analysis The following applies to Motorola Solutions® Computer Aided Dispatch Software with on Stratus ftServer only: • Update Equipment drivers • Upload Equipment patches, hot fixes and firmware • Evaluate effectiveness of System configuration for current load based upon overall CPU Utilization Based on the Annual System Performance Review and Reports, Motorola Solutions Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. 4.1.16 Maintenance Contract Administration. Motorola Solutions Maintenance Contracts Administration Department manages the maintenance agreement following the warranty term that may be included in the purchase of a Motorola Solutions system. Approximately four months prior to the expiration of the warranty period, the Motorola Solutions Contracts territory specialist will contact the customer to discuss the options available for their specific site. The terms of the agreement can be customized to your agency's budgetary requirements and cycle. Motorola Solutions offers various levels of support to meet an agency's requirements, for example: • Telephone, VPN support for software fixes • Varying hours of coverage • Third party vendor services • On -site services • Users Conference • Professional Services 4.2 Customer Responsibilities 4.2.1 Initiate Service Request Cases. Contact Motorola Solution through authorized tools and processes outlined in the Motorola Maintenance and Support agreement Exhibit B to initiate technical support request case. 4.2.2 Assess Severity Level. Assist in assessing the correct severity level per the severity level definitions found in Motorola Maintenance and Support Agreement Exhibit B. 4.2.3 Escalate Appropriately. Contact Motorola Solutions to add information or make changes to existing technical support cases, or escalate service requests to Motorola management. Motorola Services management contact information provided in the Motorola Solutions Maintenance and Support Agreement Exhibit B. 4.2.4 Support on Hardware. Customer will provide all on -site hardware service or is responsible for purchasing on -going maintenance for 3`d party on -site hardware support. Third party support on some system components may be available through Motorola Solutions maintenance and support agreement. Customer will contact the appropriate vendor directly for parts and hardware service if not purchased through Motorola Solutions maintenance and support agreement. 4.2.5 VPN connectivity. Provide VPN connectivity and telephone access to Motorola Solutions personnel. 4.2.6 Anti -virus software. Run installed anti -virus software. 4.2.7 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to the System. Before installing OS upgrades, Customer will contact Motorola Solutions to verify that a given OS upgrade is appropriate. Motorola Solutions, Inc. PSA M&SA Exhibit B 24 Version 5-25-12 4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing your system errors, Motorola Solutions has created the Trouble Report Form (page 21). Completion of this form by the customer is voluntary. The Trouble Report form helps Motorola Solutions Technical Support reduce errors by increasing the understanding of the problem description definition. It may also improve repair time by understanding the probability of repeat errors. Additionally, should escalation to Motorola Solutions Engineering team be required, information gathered on this form will aid by potentially avoiding the wait associated with error reoccurrence. Information customers provide on the Trouble Report form will assist Motorola Solutions Support team expedite the troubleshooting process. Your assistance in providing the information is appreciated. Once you complete the form, please e-mail or fax this form to the Technical Support Representative assigned to work on the issue reported. Motorola Solutions, Inc. PSA M&SA Exhibit B 25 Version 5-25-12 Trouble Report Form Agency Name: Contact Name: Contact Phone: Severity Level: Subject: ProductNersion: Problem Description: Steps to Duplicate: Step One: Step Two: Step Three: Step Four: Step Five: Step Six: Step Seven: Additional Steps: Expected Results: Actual Results: Configuration Checked: Motorola Solutions Case Number: E-mail Address: Contact Fax: CAD Correction#: Please ensure that the description provided is as detailed as possible. By including accurate details, Motorola Solutions opportunity to resolve the issue promptly and successfully increases. Please be sensitive to the use of verbiage that is specific to your agency or area of the country. Full understanding of the facts on a reported issue increases Motorola Solutions probability of locating a root cause and achieving a timely resolution. Motorola Solutions understands that duplication is not always easy. However, if you are able to duplicate the issue, providing us with the detailed keystrokes will greatly improve our ability to correct the issue in question. When unable to duplicate the issue on demand, providing us with detailed steps that preceded the issue reported will greatly help. Motorola Solutions, Inc. PSA M&SA Exhibit B 26 Version 5-25-12 V. Customer Call Flow To Be Provided By Customer VI. Contact Information Motorola Solutions Contacts CONTACT Motorola Solutions System Support Center PHONE NUMBER (800) 393-9949 Mike Burpoe Director, Customer Support MVW436@motorolasolutions.com (303) 527-4010 Phillip Askey Tier 2 - Technical Support Manager P.Askey@motorolasolutions.com (720) 565-4764 David Harris Tier 1 - Technical Support Manager DavidHarris@motorolasolutions.com (303) 527-4025 Wayne Parent Technical Support Lead — Records Applications Wayne. Parent@motorolasolutions.com (801) 230-7032 Shelley Rhoads Customer Support Business Operations Manager srhoads@motorolasolutions.com (951) 245-7416 Customer Contacts (to be provided by Customer Customer Agency Name: Address: City, State and Zip: Billing Contact Name: Phone No: Fax No: Email: Backup System Administrator Name: Phone No: Fax No: Email: Service Escalations Contact Name: Title: Phone No: Email: Motorola Solutions, Inc. PSA M&SA Exhibit B 27 Version 5-25-12 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement # 262 Term Length 12 Months Term Start Date 4/1/13 Term End Date 3/31/14 CUSTOMER AGENCY National City Police Department Address 1200 National City Blvd. City, State, Zip National City, CA 91950 Contact Name Tony Abruscato Contact Title Telephone Number (619) 336-4509 Email Address TonyAbruscato@nationalcityca.gov BILLING AGENCY National City Police Department Address 1200 National City Blvd. City, State, Zip National City, CA 91950 Contact Name Tony Abruscato Telephone Number (619) 336-4509 Email Address TonyAbruscato@nationalcityca.gov For support and updates on products below, please contact Motorola Solutions Public Safety Application's (800) 323-9949 Option 2, Option 6, then select the corresponding product prompts as follows: 1 CAD PRODUCTS 2 RMS 3 MOBILE APPLICATIONS ■ Premier©ne CADS" IN PremierOne Records' ! PremierOne MobiteT"" Premier CADTM 0 FRMS ili Premier MDCT" Motorola Solutions® Computer 0 NetRMS 0 AirMobileT" Aided Dispatch ❑ CAD HP NonStopT"Series hardware ■ Cruiser • TxMessengerT" ❑ ActivePaper..:. 5 LRMS 0 OTHER ❑ InfotrakT" (LRMS) 0 Integration Framework 0 I.JCRR ! Customer Service Request System 4 ■ • 0 0 • 0 Customer Sttpport: JAIL MANAGEMENT OffendertrakT" Imagetrak" Case Management System Custom Software Enhancements to Products Other MOTOROLA SOLUTIONS SERVICES TERM FEES ►/ STANDARD SUPPORT SERVICES $ 26,343.00 1 Customer Support Plan $ Included 2 Case Management 24X7 $ Included 3 Technical Support Monday through Friday 8:00 a.m. to 5:00 p.m. Customer local time $ Included 4 Third -party Vendor Coordination $ Included 5 On -site Support (when applicable) $ Included 6 System Audit for PremierCAD HP NonStop $ Included 7 SW Releases: Standard & Supplemental $ Included 8 Access to Users Group Site $ Included L SUPPLEMENTAL SERVICE OPTIONS Service Descriptions Available Upon Request 1 24x7 Technical Support Svcs $ Included 2 Time and Materials $ 3 Professional Services Training $ 4 Professional Services Upgrades $ 5 Preventive Maintenance $ 6 Users Conference Advance Purchase $ 7 On -site Support (Dedicated Resource) $ 8 GeoFile Services $ MOTOROLA SOLUTIONS TOTAL FEES $ 26,343.00 USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS ■ Users Conference Attendance ($2,650 per Attendee) Year 2013 Number Attendees 0 • Registration fee • Roundtrip travel for event (booked by Motorola Solutions) • Hotel accommodations (booked by Motorola Solutions) • Rental car (booked by Motorola Solutions) • Daily meal allowance (determined by Motorola Solutions guidelines) TERM GRAND TOTAL* -$ < 26,34;0Q . -. "Exetudes taxes if applicable 'rebored by: Cindy Marnin, 303-818-3313, CindyMamin@MotorolaSolutions.com Motorola Solutions, Inc. PSA M&SA Exhibit C 28 Version 5-25-12 Exhibit D LABOR RATES MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National City Police Department The following are Motorola Solutions' current billable rates, subject to an annual change. The following rates apply to Customers with a current, active Maintenance and Support Agreement. Billable rates apply to services provided outside of the PPM. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $186 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $279 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $372 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $558 per hour, 2 hours minimum Above rates reflect labor rate only. Additional fees for on -site travel expenses, third party expenses and /or materials will be quoted at the time of customer request for services. Motorola Solutions, Inc. PSA M&SA Exhibit D 29 Version 5-25-12 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL SOFTWARE MAINTENANCE AGREEMENT WITH MOTOROLA SOLUTIONS, INC., IN THE NOT TO EXCEED AMOUNT OF $26,343 TO SUPPORT THE MOTOROLA PREMIER MOBILE DATA COMPUTER SOFTWARE WHEREAS, the City desires to employ a consultant to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, Motorola Solutions, Inc., currently provides software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, the Premier MDC software is a proprietary application utilized by police officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police vehicles; and WHEREAS, due to the proprietary nature of the Premier MDC software, Motorola Solutions, Inc. ("Motorola"), is the sole entity qualified to provide on -going software maintenance and support; and WHEREAS, it is requested that Council waive the formal bidding requirements as allowed by National City Municipal Code Section 2.60.220 (B), which states that the City may dispense with the formal bid process when City Council determines that there is only one source from which a particular commodity is available and there is no adequate substitute. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the formal bidding requirements and authorizes the Mayor to execute an Agreement with Motorola Solutions, Inc., in the not to exceed amount of $26,343, to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk March 26, 2013 Ms. Cindy Marvin Motorola Solutions, Inc. 7237 Church Ranch Blvd., Suite 406 Westminster, CO 80021 Dear Ms. Marnin, On March 19`h, 2013, Resolution No. 2013-39 was passed and adopted by the City Council of the City of National City authorizing execution of an Agreement with Motorola Solutions, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures