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HomeMy WebLinkAbout02-315 Resolution No. 02-315 RESOLUTION AUTHORIZING EXECUTION OF A SYSTEM AGREEMENT WITH PRINTRAK INTERNATIONAL INC. FOR A COMPUTER AIDED DISPATCH SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute a System Agreement on behalf of the City of Elgin with Printrak International Inc . for a computer aided dispatch system for the police and fire departments, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 11, 2002 Adopted: September 11, 2002 Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • City of Elgin i n Agenda Item No. t (,b 16, >,0". L r3 G September 6, 2002 #1 SAFE COMMUNITY TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: RFP 02-033 , Contract for Computer Aided Dispatch System to Printrak/Motorola for Fire & Police PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract to Printrak, a Motorola Company, for a replacement of the current Computer Aided Dispatch System. BACKGROUND The City of Elgin purchased a Computer Aided Dispatch System in 1995 from PRC Public Sector. The system was installed and has been operational since December of 1997 . The purchase in 1995 was to take the dispatch of Fire and Police units from a manual system to a completely computerized system in the mobile units . After almost two years of work, it was determined that PRC Public Sector could not provide the full functionality required and the contract was revised, with a refund of the contract amount for that portion of the work. (work not done includes : Automatic Vehicle Location (AVL) , CAD Dispatch to mobile units, all interfaces to existing computer systems ie. PIMS & LEADS, mobile units in Fire apparatus & mobile mapping) In 2001, the Computer Aided Dispatch (CAD) Committee, comprised of representatives from Fire, Police and Emergency Communications worked with our consultant, Ron Vegamast Engineering, to issue a new RFP for the previously deleted portion of the contract, with enhancements that had been developed in this rapidly growing field since 1995 . Acceptance of Proposal for new CAD for Printrak/Motorola September 6, 2002 Page 2 The responses that were received, including PRC' s proposal response, were so expensive that the committee felt a replacement of the CAD system could be accomplished for approximately the same cost . A new RFP was prepared and released in early 2002 . Only one company responded with a compliant proposal, Printrak/Motorola, PRC did not respond to the RFP. After a careful review by our consultant and the entire CAD Committee, the Printrak proposal is recommended. The primary reasons for this recommendation over the previous PRC enhancement proposal are : • Printrak' s product is a complete replacement for our existing system, including new hardware (which is now 6 years old and has been operating 24/7 for the last 6 years) in the communications center and in the mobile units where PRC proposed a much smaller upgrade. • PRC Public Sector has been very non-responsive to the City concerning problems with the existing product, with a check list still outstanding from 1996 . • Motorola has been very responsive with our radio system and all other dealings, and we expect the same with this contract . • Printrak' s product is cutting edge technology and will greatly enhance our ability to protect the citizens through more efficient dispatch of emergency calls . • The City already utilizes a Motorola data radio backbone, managed by the Illinois Criminal Justice Authority, which will allow the Printrak product to mesh seamlessly. • Motorola' s local presence has allowed us direct access to the top developers and technicians, something sorely lacking with our previous vendor. • The cost for the entirely new CAD system is only 20% more than the upgrade proposed by PRC and includes all of the hardware upgrades that would have been required in the next two years, making the proposal less expensive than the upgrade of our 7 year old system. • • Acceptance of Proposal for new CAD for Printrak/Motorola September 6, 2002 Page 3 • This proposal will finally complete the CAD system, placing computer terminals in all fire apparatus and replacing the 7 year old terminals in the police squads, deploying Automatic Vehicale Location (AVL) as an enhancement to our dispatch abilities, completing an automatic interface to our records management systems thereby reducing manpower necessary to manually enter this information, deploy a wireless infrastructure for transfer of large data files and bring our system to the current state-of-the-art . The CAD Committee whole-heartedly recommends the acceptance of this proposal from Printrak. The proposal has also been reviewed by the City' s E-911 Board and they also recommend acceptance of the Printrak Proposal . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED CAD Committee (Fire, Police and Emergency Communications) and E911 Board. 0( INANCIAL IMPACT The total cost of the contract with Printrak/Motorola will equal $2, 346, 635 . A payment of $746, 635 will be required upon execution of the contract . This amount is available and budgeted in the E-911 Fund account number 220-0000-79192-47 . The remainder of the contract ($1, 600, 000) will be due in 2003 . Currently $1, 031, 500 is budgeted in the 2004 Riverboat Lease Fund. Therefore, in order to fund this purchase, 2003 Riverboat Lease proceeds will need to be reprogrammed. It is anticipated that the city will collect a greater amount of Riverboat dollars in 2003 than the $16, 000, 00 that has been budgeted. That greater than budgeted amount could be utilized to pay for this project . Should the revised funding for 2003 be approved, the original $1, 031, 500 budgeted in 2004 will become available for reprogramming as well . A copy of the E-911 Fund revenue and expense projections are also included for your review. Acceptance of Proposal for new CAD for Printrak/Motorola September 6, 2002 Page 4 LEGAL IMPACT VvW A budget amendment and budget appropriation to provide the funds VY necessary for the proposed contract will be required. ALTERNATIVES The City may chose not to go forward with this upgrade, but the ongoing funding issue must still be resolved. RECOMMENDATION It is recommended that the City Council approve this contract with Printrak/Motorola and direct the staff to make the needed funding transfers in 2003 . Respectfully submitted, Olu 1 Fo arm Interim Ci Mana er JJB/jjb Attachment 911 FUND EXPENSE & REVENUE PROJECTIONS 2002 -2006 REVENUE PROJECTIONS 2001 2002 2003 2004 2005 2006 Revenue From 911 Surcharge $408,022 $397,800 $397,800 $397,800 $397,800 Revenue From Investment Income $0 $0 $0 $0 $0 Riverboat Lease Fund $1,031,560 Revenue From Wireless 911 Surcharge $194,429 $208,039 $222,602 $238,184 $254,857 TOTAL REVENUE $602,451 $1,637,399 $620,402 $635,984 $652,657 EXPENSE PROJECTIONS CAD System Hardware, Software, Interfaces $746,635 $1,600,000 $0 $0 $0 Mobile Data Software 43,000 Other 911 Equipment Upgrades/Replacements $50,000 $110,300 $0 $0 $0 Ameritech Service $423,295 $0 $0 $0 $0 Engineering/Consulting Fees $15,000 $30,000 $15,000 ALERTS Infrastructure Fees $25,000 $51,840 $51,840 $51,840 $51,840 Equipment Maintenance/Contingency $49,477 $155,928 $162,165 $168,652 $175,398 Personnel $148,000 $300,000 $428,010 $458,146 $490,463 EMD Software, Training, Misc. $13,892 $18,600 $18,600 $18,600 $18,600 Other 911 Operating Costs $10,000 $10,000 $10,000 $10,000 $10,000 Wireless 911 Equipment & Operating Costs $3,700 $3,700 $3,700 $3,700 $3,700 TOTAL EXPENSES $1,469,999 $2,250,368 _ $689,315 $740,938 $765,001 911 Fund Year End Balance $1,522,249 $654,701 $41,732 ($27,181) ($132,135) ($244,479) S A F E C O® POWER SAFECO INNSR C COMPANYOF AMERICA GENERAL INSURANCE COMPANY OF AMERICA r OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10025 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint *****ROBERT E.DUNCAN;SUSAN A.WELSH;SUSAN J.PREIKSA;JAMES A.CUTHBERTSON;THOMAS J.JOSLIN; SANDRA MARTINEZ;KATHLEEN J.MAILES; LINDA ISER;KAREN DANIEL;GREGORY K.KESSLER;GEOFFREY E.HEEKIN;PATRICIA THURMOND;CRAIG T.TAGLIAMONTE;Chicago,Illinois its true and lawful attorney(s)-in-fact,with full authority to execute on its behaff fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 9th day of November , 2001 R.A.PIERSON,SECRETARY MIKE M GAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President, any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not 5e necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A. Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation \� ‘nr this \St- day of , CJl vv� oR9p j,Qn ti% SEAL y SEAL a Of ivAS jCOfWattA R.A.PIERSON,SECRETARY S-99741S,AEF 2;01 Y.A registered trademark of SAFECO Corporatu:r 1119411 •:- ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this 1st day of May, 2002, before me, Chris P. Troha, a Notary Public, within and for said County and State, personally appeared Sandra Martinez to me personally known to be the Attorney-in-Fact of and for Safeco Insurance Company of America and acknowledged that she executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this • certificate first above written. OFFICIAL SEAL CHRIS P.TROHA Notary Public in the State of Illinois NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES AUGUST 8,2005 County of Cook CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y,••—.— ----is: . - - - .13.mac:.' :- .as-: -• .•=-�- - �<sir. C..c - . -.c‹> <� ?. „ State of California '1 ss. 91 l County of a 4 I NV GE 9' f¢ I ,Z 9 On Jr -3f Do2 , before me,�RLEGN MN .J1AoRE Ate rARYAIL/G, 91 IQ ale Name and Title of Officer(e.g.,JJane Doe,Notary Public') I¢ 91 personally appeared C/C) ).0/e Y (...1: Zd Az K. A. , 9 ,, Name(s)of Signer(s) 91 I..' ',I' personally known to me1. s t¢ ❑ proved to me on the basis of satisfactory y I.' evidence s IQ 91 I¢ to be the person(s) whose name(s) is/are 9 't, 9' subscribed to the within instrument and ly PRLEEN ANN D'AMORE acknowledged to me that he/she/they executed $ I¢ / Commission# 1225408 ¢ the same in his/her/their authorized Si ' ? :`� Notary Public-Calif omia IQ �� -�� capacity(ies), and that by his/her/their sl Orange County My Comm.Expires Jun20,2fri3 signature(s) on the instrument the person(s), or ;) 'i the entity upon behalf of which the person(s) s I' acted, executed the instrument. y, IQ .1 I. WITNESS my hand and official seal l Ie a,,,,,,, a,,,,, , C�/2 I � ,,,,,, �I I' Place Notary Seal Above Signature of Notary Public • I¢ I OPTIONAL ',1 Ih Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. PI I 91 I Description of Attached Document 91 p Title or Type of Document: <fi Document Date: Number of Pages: 16 'I Signer(s) Other Than Named Above: sl IP .1 Capacity(ies) Claimed by Signer 'I IIP Signer's Name: RIGHT THUMBPRINT 91 I5 ❑ Individual OF SIGNER .:1 ,' Top of thumb here ,.1 I ❑ Corporate Officer—Title(s): yI ❑ Partner—❑ Limited 0 General `•1 ip ❑ Attorney in Fact 'ill Ifi ❑ Trustee .1 Ifi 0 Guardian or Conservator :1 fi ❑ Other: l ip 91 ip Signer Is Representing: '' ip ;I fiev,e=<•,,G=c�•�t..c%c,t=c;�xxt:�U�c:,,,,e2‹,*.x.xWst-xwxxv•eexv�=<suA:cue=vac,rc,e=oc;<;Nc=c�=e.-u9<2.<X;<;� �-�>�,,,,cw�e:w�;�re:c�;•ea-c4r--cr-e,�;�.a C 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 1 2. PROPOSAL FORM #1 2.1.1.1.1.1 COMPUTER-AIDED DISPATCH SYSTEM WITH INTEGRATED AVL Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3, 2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3/19 / 02 Addendum No. , dated / /_ Addendum No. , dated / / 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s) and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. Page 2 of 3 of Proposal Form #1 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing of Computer-Aided Dispatch system for the City of Elgin. 7. The Proposer warrants that prices tendered to the City of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework. Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the 'Specifications', together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications, for the prices as follows: BASE PROPOSAL PRICE: Total Base Proposal price for the Computer-Aided Dispatch software described in Section 6 of this RFP specification: $ One Million One Hundred Fifty-Five Thousand Eight Hundred Forty Dollars $ 1,155,840* Written Price Cost in Figures Proposal price for the annual maintenance agreement option described in Section 6. 26.6 of this RFP specification: Proposer must specify option number: $ Ninety-Two Thousand Eight Hundred Thirty-Two Dollars $92,832 " Written Price Cost in Figures *This pricing is based on a complete system solution. The addition or deletion of any component(s)may subject the total system price to modifications. ** The annual maintenance price will have an escalation of 4%per year. The guaranteed completion date for the project shall be months or less after notice to proceed is issued. The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Page 3 of 3 of Proposal Form #1 Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales (Type or Pr' t Name) ✓�� It- (Sign ure) Name of Project Manager to be assigned: Debra Wineland Name of contact person for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 3. PROPOSAL FORM #2 3.1.1.1.1.1 MOBILE DATA COMMUNICATIONS SOFTWARE Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3,2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3 / 19 / 02 Addendum No. , dated / / Addendum No. , dated / / 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s) and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. Page 2 of 3 of Proposal Form #2 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing of Mobile Data Communications equipment and software for the City of Elgin. 7. The Proposer warrants that prices tendered to the City of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the "Specifications",together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications, for the prices as follows: BASE PROPOSAL PRICE: Total Base Proposal price for the Mobile Data Communications equipment and software described in Section 7 of this RFP specification: $Twelve Thousand Nine Hundred Dollars $ 12,900* Written Price Cost in Figures Proposal price for the annual maintenance agreement option described in Section 7.5.6 of this RFP specification: One Thousand Nine Hundred Thirty-Five rtY-Five Dollars $ 1,935 ** Written PriceCost in Figures *This pricing is based on a complete system solution. The addition or deletion of any component(s)may subject the total system price to modifications. ** The annual maintenance price will have an escalation of 4%per year. The guaranteed completion date for the project shall be months or less after notice to proceed is issued. • The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Page 3 of 3 of Proposal Form #2 Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales r(�Typpe or P int ame A fi.,14(14V( (Signatu Name of Project Manager to be assigned: Debra Wineland Name of contact person for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 4. PROPOSAL FORM #3 4.1.1.1.1.1 IN-VEHICLE COMPUTERS Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3, 2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3 / 19 / 02 Addendum No. , dated /_/_ Addendum No. , dated / /_ 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s) and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. Page 2 of 3 of Proposal Form #3 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing of In-vehicle Computers for the City of Elgin. 7. The Proposer warrants that prices tendered to the City of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the "Specifications",together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications,for the prices as follows: BASE PROPOSAL PRICE: Total Base Proposal price for furnishing and installing the 24 In-vehicle Computers described in Section 8 of this RFP specification: $ Eight Hundred Twenty-One Thousand Three Hundred Twenty-Seven Dollars $821,327* Written Price Cost in Figures Proposal price for the annual maintenance agreement option described in Section 8.3.6 of this RFP specification: $Thirty-Three Thousand Eight Hundred Dollars $33,800** Written Price Cost in Figures *This pricing is based on a complete system solution. The addition or deletion of any component(s)may subject the total system price to modifications. ** The annual maintenance price will have an escalation of 4%per year. The guaranteed completion date for the project shall be months or less after notice to proceed is issued. The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Page 3 of 3 of Proposal Form #3 Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales (Type or Prin a ) )1,,Z, Aey Si nature ( 9 ) Name of Project Manager to be assigned: Debra Wineland Name of contact person for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 5. PROPOSAL FORM #4 AUTOMATIC VEHICLE LOCATION SUBSYSTEM Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3, 2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3 / 19 / 02 Addendum No. , dated / / Addendum No. , dated / / 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s) and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing of An Automatic Vehicle Location Subsystem for the City of Elgin. Page 2 of 3 of Proposal Form #4 7. The Proposer warrants that prices tendered to the City of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework. Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the 'Specifications", together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications,for the prices as follows: BASE PROPOSAL PRICE: Total Base Proposal price for furnishing and installing the Automatic Vehicle Location Subsystem described in Section 9 of this RFP specification: $ Included and integrated into other sections as part of this total proposal offering Written Price Cost in Figures Proposal price for the annual maintenance agreement option described in Section 9.6.6 of this RFP specification: $ Included and integrated into other sections as part of this total proposal offering Written Price Cost in Figures The guaranteed completion date for the project shall be months or less after notice to proceed is issued. The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales (Type or Pri N e) 1p car ny (Signature) Page 3 of 3 of Proposal Form #4 Name of Project Manager to be assigned: Debra Wineland Name of contact person for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 6. 7. PROPOSAL FORM #5 DATA UPLOAD AND DOWNLOAD SUBSYSTEM Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3, 2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3 / 19 / 02 Addendum No. , dated / / Addendum No. , dated / / 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s) and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. Page 2 of 3 of Proposal Form #5 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing of Data Upload and Download Subsystem for the City of Elgin. 7. The Proposer warrants that prices tendered to the City of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework. Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the "Specifications", together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications, for the prices as follows: BASE PROPOSAL PRICE: Total Base Proposal price for furnishing and installing the Automatic Vehicle Location Subsystem described in Section 10 of this RFP specification: $ Eighty-Two Thousand One Hundred Fifty Dollars $ 82,150* Written Price Cost in Figures Proposal price for the annual maintenance agreement option described in Section 10.6.6 of this RFP specification: $ Six Thousand Nine Hundred Fifty-Five Dollars $ 6,955** Written Price Cost in Figures *This pricing is based on a complete system solution. The addition or deletion of any component(s)may subject the total system price to modifications. ** The annual maintenance price will have an escalation of 4%per year. The guaranteed completion date for the project shall be months or less after notice to proceed is issued. The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Page 2 of 3 of Proposal Form#5 Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales (Type or Pri t e) --)"/ /1 A-Pe (Signature) Name of Project Manager to be assigned: Debra Wineland Name of contactperson for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 8. PROPOSAL FORM #6 8.1.1.1.1.1 MESSAGE SWITCH Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3, 2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3 / 19 / 02 Addendum No. , dated / / Addendum No. , dated / /_ 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s) and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. Page 2 of 3 of Proposal Form #6 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing the Message Switch for the City of Elgin. 7. The Proposer warrants that prices tendered to the City Of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the "Specifications",together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications, for the prices as follows: BASE PROPOSAL PRICE: Total Base Proposal price for furnishing and installing the Message Switch/Server described in Section 11 of this RFP specification: $ One Hundred Eighty-Two Thousand Five Hundred Forty Dollars $ 182,540* Written Price Cost in Figures Proposal price for the annual maintenance agreement option described in Section 11.2.15 of this RFP specification: $Twenty Thousand Three Hundred Ninety-Five Dollars $ 20,395** Written Price Cost in Figures *This pricing is based on a complete system solution. The addition or deletion of any component(s)may subject the total system price to modifications. ** The annual maintenance price will have an escalation of 4%per year. The guaranteed completion date for the project shall be months or less after notice to proceed is issued. The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Page 3 of 3 of Proposal Form #6 Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales (Type or Pr' t me) 71.0-Pe re (Signature Name of Project Manager to be assigned: Debra Wineland Name of contact person for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 9. PROPOSAL FORM #7 PACKAGE PROPOSAL Submitted By: Printrak International Inc., a wholly-owned subsidiary of Motorola Inc. (Contractor's Name) Date: May 3, 2002 THE UNDERSIGNED PROPOSES AND AGREES: 1. The Proposer hereby acknowledges receipt of the following addenda: Addendum No. 1 , dated 3 / 19 / 02 Addendum No. , dated / /_ Addendum No. , dated / / 2. A description of exceptions to and/or variations from the provisions and specifications, if any, is attached. Attached in a separate section 3. Proposer has carefully reviewed the numbers entered below as prices and that the City of Elgin will not be responsible for any error or omissions in the preparation of this Proposal. 4. That the Proposer has examined the contract documents and the site(s)and plans for the proposed work. Proposer is satisfied as to the character, quality of work to be performed, materials to be furnished and as to the requirements of the specifications. 5. That the Proposer has attached hereto the required list of Subcontractors and/or material suppliers. Page 2 of 4 of Proposal Form #7 6. That the Proposer is to perform all work described in the drawings, specifications and other documents for furnishing and installing of Multiple Elements of a CAD, Mobile data Communications and Automatic Vehicle Location System for the City of Elgin. 7. The Proposer warrants that prices tendered to the City of Elgin are no higher than the lowest prices for which similar equipment and/or software, in the same or lesser quantity, has been sold to any other customer. Printrak builds personal communication systems that do not fit within a standard conventional pricing framework. Due to the unique pricing and personal design specifications for each communication system, Printrak cannot guarantee that the pricing offered in this proposal is no higher or lower than prices offered to other customers. Having carefully examined the "Proposal Notice", "General Terms and Conditions", and the "Specifications",together with all addenda, and being familiar with the various conditions affecting the work, the undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessary to complete the work in strict accordance with the specifications, for the prices as follows: SYSTEM ELEMENTS INCLUDED IN PACKAGE PROPOSAL: Proposer will provide all of the following system elements as described in this specification as part of a single Contract: System Element Name: Computer Aided Dispatch System with Integrated AVL RFP Section: 6 System Element Name: Mobile Data Communications Software RFP Section: 7 System Element Name: In-Vehicle Computers RFP Section: 8 System Element Name: Automatic Vehicle Location Subsystem RFP Section: 9 System Element Name: Data Upload and Download Subsystem RFP Section: 10 System Element Name: Message Switch RFP Section: 11 Page 3 of 4 of Proposal Form #7 BASE PROPOSAL PRICE: Total Base Proposal price for furnishing and installing the Package of system elements listed above: $Two Million Two Hundred Fifty-Four Thousand Seven Hundred Fifty-Seven Dollars $ 2,254,757* Written Price Cost in Figures Proposal price for the annual maintenance agreement options for the package of system elements listed above: $ One Hundred Fifty-Five Thousand Nine Hundred Twenty Eight Dollars $ 155,928** Written Price Cost in Figures *This pricing is based on a complete system solution. The addition or deletion of any component(s)may subject the total system price to modifications. ** The annual maintenance price will have an escalation of 4%per year. The guaranteed completion date for the project shall be months or less after notice to proceed is issued. The performance schedule included in this proposal represents the anticipated duration of high-level project tasks. Within 30 days of the project kick-off meeting, this schedule becomes further defined by the parties(subject to the mutual agreement of the parties and incorporated via n/c change order), and will be the governing timeline for completion of implementation tasks. Person Authorized to sign this Proposal: David L. McNeff Title: Senior Vice President, Sales (Type or Print Na AiAl 74 V (Signature) Page 4 of 4 of Proposal Form #7 Name of Project Manager to be assigned: Debra Wineland Name of contact person for answers to questions about this Proposal: Don Solberg Telephone: 262-965-4600 BIDDER=S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action-City Contracts I. Name and Address of Bidder Description of Project Printrak International Inc. Computer Aided Dispatch System 1250 N. Tustin Avenue Anaheim, CA 92807 Boulder,co Workforce As of 3/31/02 JOB Total Whitcs Blacks Hispanics Asians or American Minority Female(All CATEGORIES Employees Pacific Indians (M&F) Categories) islanders M / F M / F M / F M / F M / F % Example. 18 3 S 3 2 4 1 55.6% 44,4% Managers _ (10/18) (aim Officials& 61 41 16 1 0 0 0 2 1 0 0 6.6 27.9 Managers • Profcssionats 148 88 46 0 0 I 1 9 2 I 0 9.5 33.1 Technicians 3 3 0 0 0 0 0 0 0 0 0 0.0 0.0 Sales Workers 13 12 1 0 0 0 0 0 0 0 0 0.0 7.7 Office Qc Clcrical 7 2 5 I 0 I 1 0 0 0 0 0.0 • 71.4 , f TOTALS 27a 13R 42 9 2 16 12 36 14 4 1 34.3 25.9 L. - ! . Signature of Company Official Title Telephone Number Date Signed Page / . EO/AA Specialist 480-441-4476 4/30/02 1 of 2, Have you ever been awarded a bid by the City of Elgin? Yes X No 3. If the answer to question#2 is Yes,please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. It'the statistical data provided above shows under-utilization of minorities and/or females, please submit, according to the guideline provided in the attached document,a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor,etc.. fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel,terminate,or suspend the contract in whole or in part. ...oF �_ City of Elgin, Illinois G•Co- Certification Requirements b . Please submit all required forms and ,.. , documentation, fully completed and signed, ATM tEb with your proposal. No proposal will be • accepted without this information. 1. To assure compliance with the City of Elgin's Affirmative Action Ordinance,all contractors and vendors. Herein referred to as "bidders", are requested to submit the following information: 1. Workforce analysis using the enclosed Bidder's Employee Utilization form. 2. Provide the information required by Item#3 on the employee utilization form if the answer to Question#2 on the form is "Yes". 3. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) 2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must submit a signed sexual harassment form enclosed with the Invitation to Bid. 3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating. 5. The successful bidder agrees that upon acceptance by the City of Elgin, the executed Invitation to Bid along with all instructions, conditions, and specifications attached thereto constitute a binding contract which may be enforced by the city. Signature/Title C/ - �i�`"4' S nior Vice P sident, Sale Company Name: Printrak International Inc., a wholly-owned subsidiary of Motorola, Inc. Address 1250 North Tustin Avenue Anaheim, CA 92807 Phone Number 714-238-2000 FEIN No. 33-0070547 ' -c OF 4 1 City of Elgin, Illinois ,'G. ,, .. ti Sexual _ - r. HarassmentPolicies and Programs °r, : ' i Effective July 1, 1993, every party to any contract with the City of Elgin `!,• • • ti and every eligible bidder is required to have written sexual harassment ' f. .!•!t� policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment,utilizing examples • a vendor's internal complaint process including penalties • the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission directions on how to contract the department and commission • protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set fourth above,and'I hereby agree to furnish the City of Elgin -Human Resources Department with a copy of these policies if they so request. e Cry Signature/Title �b/AASpecialisc / Company Printrak,a Mororola Company Date 4.nnma Sexual harassment is defined as follows: II "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or(3) such conduct has the purpose or effect of substantially interfering with art individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin - Human Resources Department at(847) 931-5618. I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands,costs of judgement TAX/COLLUSION/DEBARMENT/PREVAILING WAGE AFFIDAVIT State of California ss. County of Orange David L. McNeff, being first duly sworn, deposes and says: That he is Senior Vice President, Sales of the firm of the party making the foregoing bid and that the bidder is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4, as amended; and, no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and, bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. The bidder also certifies that it shall comply, where applicable, with the Prevailing Wage Act 820 ILCS 130/0.01 et seq. Signature of Bidder, if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to before me this 3rd day of May , 2002 Signature of Bidder, if a corporation: �� �� _ SEAL ,k otary Public P*,-sic retary w` ARLEEN ANN D'AMORE Commi •lion# 1225408 �. j Notary Public-California Orange County • .r f,"y Comm.Expires J un 20,2003 mrse :' ` SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECOE HOME OFFICE: SAFECO PLAZA BID BOND KNOW ALL BY THESE PRESENTS,That we, PRINTRAK INTERNATIONAL INC.,A WHOLLY-OWNED SUBSIDIARY OF MOTOROLA INC. of 1250 North Tustin Avenue,Anaheim,CA 92807 (hereinafter called the Principal), as Principal,and SAFECO INSURANCE COMPANY OF AMERICA CITY CSF vLC1Ned the Surety),as Surety are held and firmly bound unto 150 Dexter Court, Elgin, IL 60120 (hereinafter called the Obligee)in the penal sum of Five percent of amount bid. Dollars(S 5%of Amount Bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS,the Principal has submitted or is about to submit a proposal to the Obligee on a contract for furnishing and installing Communications Equipment(CAD) NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this 1st day of May 2002 . PRINTRAK INTERNATIONAL INC.,A WHOLLY- (Seal) /r//, // OWNED SUBSIDIARY OF MOTOROLA INC. Principal Witness ) ik.E(t02 Or= Be%SINESI Sg0ICE5 Title l'a4"( SAF 0 INSURANCE COMPANY OF AMERICA di Luc Witness B Sandra Martinez Attorney-i ~act 1 � a Registered trademark of SAFECO Corporation. SYSTEM AGREEMENT Printrak International Inc., a Motorola company ("Printrak" or"Seller"), having a place of business at 6000 Spine Road, Boulder, CO 80301, by and through Motorola's Commercial, Government, and Industrial Solutions Sector ("CGISS") and City of Elgin ("Customer") enter into this System Agreement (the "Agreement"), effective as of the last date signed below(the"Effective Date"), pursuant to which Customer will purchase and Motorola will provide Customer with the goods and services specified in Exhibit B (the "Statement of Work"). Section 1 EXHIBITS The Exhibits below are hereby incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Exhibit A software license agreement("Software License Agreement") Exhibit B Printrak Proposal to the City, dated May 7, 2002, as modified by clarifications thereto dated ("Statement of Work") Exhibit C Printrak Standard Maintenance and Support Agreement Section 2 DEFINITIONS Capitalized terms used in this Agreement shall have the following meanings: "Acceptance Tests" means those tests described in the Acceptance Test Plan. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). "Contract Price" means the price for the System, exclusive of any applicable sales or similar taxes and freight charges. "Effective Date" means that date upon which the last party to sign this Agreement has executed the Agreement. "Equipment" means the hardware listed in the List of Deliverables. "Infringement Claim" means a claim that the Equipment manufactured by Motorola or the Motorola Software infringes a United States patent or copyright. "Motorola" mean Motorola, Inc., a Delaware corporation. "Motorola Software" means Software that Motorola or Printrak owns. "Non-Motorola Software" means Software that a party other than Motorola or Printrak owns. Contract No.02-16039/DN SYSTEM AGREEMENT "Printrak" means Printrak International Incorporated, a Motorola company. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola or Printrak under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola, Printrak,or another party. "Software" means the Motorola Software and Non-Motorola Software in object code format that is furnished with the System or Equipment and which may be listed on the List of Deliverables. "Specifications" means the design, form, functionality, or performance requirements described in the Technical and Implementation Documents. "Subsystem" means a major portion of the entire System that performs specific functions or operations as described in the Technical and Implementation Documents. "System" means the Equipment, Software, and services combined together into a system as more fully described in the Technical and Implementation Documents. "System Acceptance" means the Acceptance Tests have been successfully completed. Section 3 SCOPE OF AGREEMENT A. SCOPE OF WORK. Seller will sell, deliver and install, if applicable, and Customer will purchase the goods and services specified in Exhibit B. B. CHANGE ORDERS. Either party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost of or time required for the performance of this Agreement, Seller and Customer will agree to an equitable adjustment in the Agreement price or performance schedule, or both. Seller is not obligated to comply with requested changes unless and until both parties execute a written change order. C. ADDITIONAL PRODUCTS. For three (3) years after the Effective Date of this Agreement, Customer may submit purchase orders for additional goods and/or services which are currently available at the time of order. If Customer and Seller have agreed to a convention for processing electronic data interchange ("EDI") transactions, purchase orders may be transmitted electronically. Each purchase order must specifically refer to this Agreement and will be an offer by Customer subject to Seller's acceptance. Except for pricing and delivery terms, which must be stated on the purchase order, Customer and Seller agree that the applicable terms of this Agreement will be the only terms and conditions that govern the purchase and sale of products identified on such purchase orders. Customer and Seller agree that payment for all additional products so purchased will be due within twenty-five(25)days after the date of Seller's invoice for the products. D. MAINTENANCE SERVICE. After the warranty period, Customer may purchase maintenance service for the Equipment and Motorola Software pursuant to the terms and conditions of the Maintenance and Support(Exhibit C). Contract No.02-1 6039/DN SYSTEM AGREEMENT E. MOTOROLA SOFTWARE. Any Motorola Software furnished will be licensed to Customer solely according to the terms and restrictions of the Software License Agreement attached as Exhibit A. Customer hereby accepts all of the terms and restrictions of the Software License Agreement. F. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software furnished by Motorola will be subject to the terms and restrictions of its copyright owner unless such copyright owner has granted to Motorola the right to sub-license such Non-Motorola Software, in which case the Software License Agreement (including any addendum to satisfy such copyright owner's requirements)shall apply. G. SUBSTITUTIONS. At no additional cost to Customer, Seller reserves the right to substitute any Equipment, Software, or services to be provided by Seller, but only if the substitute meets the Specifications and is of equivalent or better quality and value to the Customer. Any such substitution will be reflected in a change order. Section 4 PRICE AND PAYMENT A. The total contract price is $2,346,635.00 which includes the base proposal price as listed on proposal form # 7of $2,254,757.00 and also option # 4, Complete Data Conversion for $91,878.00. Except for the first payment, which is due when customer executes this agreement, Customer agrees to make payments to Seller within twenty-five (25) days after the date of invoices that will be submitted by Seller according to the following payment schedule: $746,635.00 due upon execution of contract. $1,360,000.00 due by January 31, 2003. $120,000.00 due upon system installation. $120,000.00 due upon system acceptance. B. The total contract price does include freight charges. C. Upon contract execution, the Customer agrees to issue a Purchase Order in the full amount of the contract price. The terms and conditions on the reverse side of such Purchase Order(s) shall not apply. Contract No.02-16039/DN SYSTEM AGREEMENT Section 5 SYSTEM ACCEPTANCE Seller will test the System in accordance with Exhibit B, Acceptance Test Plan. System acceptance will occur upon the successful completion of such testing. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for such Subsystem or phase. After the completion p Acceptance Tests, if Customer believes that the System fails the Acceptance Tests, Customer will provide to Seller a written notice that includes the specific details of such failure. If Customer fails to provide to Seller such notice within ten (10) business days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. Customer acknowledges that Seller's ability to perform its implementation and testing responsibilities under this Agreement may impeded if Customer begins using the System before System Acceptance. Therefore, Customer may not commence Beneficial Use before System Acceptance without Seller's prior written authorization, which Seller will not unreasonably withhold. Seller is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.. Section 6 REPRESENTATIONS AND WARRANTIES Neither party will be liable for its non-performance or delayed performance if caused by a "Force Majeure" which means an event, circumstance, or act of a third party that is beyond a party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes,war, riots, or any other similar cause. Each party will notify the other if it becomes aware of any Force Majeure that will significantly delay performance. The notifying party will give such notice promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the parties will execute a change order to extend the performance schedule for a time period that is reasonable under the circumstances. Section 7 DELAYS A. Under no circumstances will either party be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party ("Excusable Delays"). Such events include, but are not limited to, acts of God, weather conditions, compliance with laws and regulations (excluding Customer's failure to properly and timely apply for all required licenses), governmental action, bid protests, fire, strikes, lock-outs, and other labor disruptions, material shortages, riots, acts of war, and an Excusable Delay of a Seller subcontractor. B. Customer will make available to Seller the sites when scheduled and Customer will not otherwise unreasonably delay or prevent Seller's performance of its responsibilities. In the event of a Customer delay the parties will execute a change order to extend the performance schedule and, if requested by Seller, compensate Seller for all reasonable charges incurred because of such delay. Contract No.02-16039/DN SYSTEM AGREEMENT Section 8 DEFAULT Seller and Customer will attempt to settle any claim or controversy arising from this Agreement (except for a claim relating to intellectual property) through consultation and negotiation in good faith and a spirit of mutual cooperation. The respective project managers will confer and attempt to settle a dispute. The dispute will be escalated to appropriate higher-level managers of the parties, if necessary. If cooperative efforts fail, the parties may agree to have the dispute mediated by a mediator chosen jointly by Seller and Customer within thirty(30)days after notice by one of the parties demanding non-binding mediation, or the parties may elect to submit the dispute to a court of competent jurisdiction. If either party fails to perform their material responsibilities or obligations under this Agreement, that party may be considered to be in default, unless such failure has been caused by an Excusable Delay. It is required of both parties to give written notice of such default. Either party will have thirty(30)days from the receipt of such notice to either dispute the assertion or provide a plan of action that is acceptable to each party to cure the default. If a defaulting party fails to cure the default as provided above, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement. In the event of such termination, the defaulting party will promptly return to the non-defaulting party any of its confidential information. Section 9 INDEMNIFICATION AND INSURANCE A. Seller agrees to and hereby indemnifies and saves Customer harmless from all liabilities which may accrue against Customer on account of direct physical damage to tangible property or personal injury to the extent the damage or injury is caused by Seller's negligence or recklessness, or that of its employees, subcontractors, or agents while on the Customer's premises during the delivery, installation, or testing of the System pursuant to this Agreement. Seller's indemnification of Customer under this Section will be the full extent of Seller's indemnification of Customer from liabilities that are in any way related to Seller's performance under this Agreement. B. Seller maintains General Liability and Automobile Liability insurance coverage in the following amounts: general aggregate, $5,000,000; products and completed operations aggregate, $5,000,000; workers' compensation and employers' liability, $1,000,000 per accident; and automobile liability, $1,000,000 per accident. Upon written request, Seller will provide to Purchaser a certificate of insurance. C. Seller will have no duty to defend or indemnify for any Infringement Claim that is based upon (i) the combination of the Equipment or Motorola Software with any software, apparatus or device not furnished by Seller; (ii) the use of ancillary equipment or software not furnished by Seller and that is attached to or used in connection with the Equipment or Motorola Software; (iii) any Equipment that is not Seller's design or formula; (iv)a modification of the Motorola Software by a party other than Seller; or (v) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. The foregoing states the entire liability of Seller with respect to infringement of patents and copyrights by the Equipment and Motorola Software or any parts thereof. Contract No.02-16039/DN SYSTEM AGREEMENT Section 10 LIMITATION OF LIABILITY Notwithstanding any other provision to this Agreement, except for personal injury or death, Seller's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the total contract price. IN NO EVENT WILL SELLER BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. This Limitation of Liability will survive the expiration or termination of this Agreement. No action for a breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one year after the accrual of such cause of action except for money due upon an open account. Section 11 PRESERVATION OF PROPRIETARY RIGHTS Motorola and Printrak, as applicable, each owns and retains all of its Proprietary Rights (as defined in Section 2) in the Equipment and Software. The third party manufacturer of any Equipment and the copyright owner of any Non-Motorola Software own and retain all of their Proprietary Rights in the Equipment and Software. Nothing in this Agreement is intended to restrict the Proprietary Rights of Motorola, Printrak, any copyright owner of Non-Motorola Software, or any third party manufacturer of Equipment. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. This Agreement does not involve any Software that is a "work made for hire." Except as explicitly provided in the Software License Agreement, nothing in this Agreement will be deemed to grant, either directly or by implication, estoppel, or otherwise, any right, title or interest in the Proprietary Rights of Motorola or Printrak. Concerning both the Motorola Software and the Non-Motorola Software, Customer agrees not to modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, or export the Software, or permit or encourage any third party to do so. Section 12 GENERAL A. TITLE AND RISK OF LOSS. Title to the Equipment will pass to Customer upon shipment of the Equipment, except that title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the facilities designated by Customer. B. TAXES. The purchase price does not include any amount for federal, state, or local excise, sales, lease, service, rental, use, property, occupation, or other taxes, all of which (other than federal, state, and local taxes based on Seller's income or net worth) will be paid by Customer except as exempt by law. If Seller is required to pay or bear the burden of any such taxes, Seller will send an invoice to Contract No.02-16039/DN SYSTEM AGREEMENT Customer and Customer will pay to Seller the amount of such taxes (including any interest and penalties) within thirty days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes. C. CONFIDENTIAL INFORMATION: Customer will not disclose any material or information identified as Seller proprietary and confidential to third parties without Seller's prior written permission, unless Seller makes such material or information public or disclosure is required by law. Customer will (i) restrict disclosure of confidential information to its employees who have a"need to know"and not copy or reproduce such confidential information; (ii) will take necessary and appropriate precautions to guard the confidentiality of the confidential information with at least the same degree of care that the Customer applies to its own confidential information and shal not be less than reasonable care; and, (iii) use such confidential information only in furtherance of the performance of this Agreement. Confidential information is and shall at all times remain the property of the disclosing party, and no grant of any proprietary rights in the confidential information is hereby given or intended, including any express or implied license, other than the limited right of the recipient to use the confidential information in the manner and to the extent permitted by this Agreement. If Customer is required by law to disclose such material or information, Customer will notify Seller prior to such disclosure. D. LICENSES. Seller is not responsible for obtaininganylicense or other authorizations necessaryfor P the acquisition or use of any product or services purchased hereunder. E. SITES. In addition to its responsibilities described in Exhibit B, Customer agreesto any procure necessaryconstructionpermits, buildingpermits, zoningvariances and the like, provide access to the sites identified in Exhibit B as requested by Seller, and have such sites available for installation of the Equipment by Seller in accordance with the performance schedule, and provide a designated project manager and system administrator. F. DISCLAIMER OF LICENSE. Except as explicitly provided in the Software License Agreement included in Exhibit A, nothing in this Agreement will be deemed to grant, either directly or by implication, estoppel, or otherwise, any license or right under any patents, patent applications, copyrights, trade marks, trade secrets or other intellectual property of Seller. G. ASSIGNABILITY. This Agreement may not be assigned by either party without the prior consent of the other party except that Seller may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. H. WAIVER. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. I. SEVERABILITY. If any portion of this Agreement is held to be invalid or unenforceable, that provision will be considered severable and the remainder of this Agreement will remain in full force and effect as if the invalid provision were not part of this Agreement. J. ENTIRE AGREEMENT. This Agreement (including the Exhibits) constitutes the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous agreements and understandings, whether written or oral, relating to such subject matter. This Agreement may be altered, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties. Contract No.02-16039/DN SYSTEM AGREEMENT K. REPRESENTATIONS AND COMMITMENTS. Seller is not making, and Customer is not relying upon, any representations or commitments except for those expressed in this Agreement. L. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois and venue of any action relative to this Agreement will be in Kane County, Illinois. M. NOTICES: Notices authorized or required under this Agreement must be in writing and sent to the below addresses: Customer E d/ d i Printrak International Inc.. Attn: b Attn: /S/ Oc-co /a s Contract and Compliance Manager o l 2l.-0 6000 Spine Road Boulder, CO 80301 N. SURVIVAL OF TERMS. The following provisions shall survive the expiration or termination of this Agreement for any reason: Section 1A(concerning Software licensing); Section 10 (Limitation of Liability); Section 11 (Preservation of Proprietary Rights)and Section 12C (Confidential Information) In witness whereof, the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF: Cust mer Printrak Int rnation I Inc. By: ' By:, C.Gti., ✓°i Name: 0 a, Name: /r‘ l Title: C,, 410,13 e y- Date: !22.j Z-DO F1;`s& I;^':Z"ic3 • Contract No.02-16039/DN Exhibit A Software License Agreement Printrak International, Incorporated, a Motorola company ("Printrak" or "Licensor"), and City of Elgin ("Licensee"), hereby enter into this Software License Agreement ("Agreement"). Motorola and Printrak are each authorized to execute this Agreement on behalf of the other. For good and valuable consideration, the parties agree as follows: Section 1 SCOPE Licensor will provide proprietary software and/or radio communications, computer, or other electronic products ("Products") containing embedded or pre-loaded proprietary software to Licensee. All such software that is owned by Motorola or Printrak is referred to as "Software." Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." This Agreement contains the terms and conditions pursuant to which Licensor will license, and Licensee may use, the Software and Documentation. Section 2 GRANT OF LICENSE Licensor hereby grants to Licensee a personal, non-transferable (except as permitted in Section 8 below), limited, and non-exclusive license under Licensor's applicable proprietary rights to use the Software and related Documentation for the purposes for which they were designed and in accordance with the terms and conditions of this Agreement. The license granted authorizes Licensee to use the Software only in object code format and does not grant any rights to source code. Section 3 LIMITATIONS ON USE 3.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Licensee may not for any reason modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code, create derivative works from, adapt, translate, merge with other software, copy, reproduce, distribute, or export any Software or permit or encourage any third party to do so, except that Licensee may make one copy of Software provided by Licensor to be used solely for archival, back-up, or disaster recovery purposes. Licensee must reproduce all copyright and trademark notices on all copies of the Software and Documentation. 3.2. Licensee may not copy onto or transfer Software installed in one Product device onto another device. Notwithstanding the preceding sentence, Licensee may temporarily transfer Software installed on one device onto another if the original device is inoperable or malfunctioning, provided that Licensee provides written notice to Licensor of such temporary transfer and such temporary transfer is discontinued when the original device is returned to operation. Upon Licensor's written request, Licensee must provide to Licensor a written list of all Product devices in which the Software is installed and being used by Licensee. 3.3. Concerning Motorola's Radio Service Software ("RSS"), if applicable, Licensee must purchase a copy for each location at which Licensee uses RSS. Licensee's use of RSS at an authorized location does not entitle Licensee to use or access the RSS remotely. Licensee may make one additional copy for each computer owned or controlled by Licensee at each such location. Upon Licensor's written request, Licensee must provide to Licensor a written list of all locations where Licensee uses or intends to use RSS. Contract No.02-16039/DN Section 4 OWNERSHIP AND TITLE Title to all copies of Software will not pass to Licensee at any time but remains vested exclusively in Licensor. Licensor owns and retains all of its proprietary rights in any form concerning the Software and Documentation, including all rights in patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, and other intellectual properties (including any corrections, bug fixes, enhancements, updates, or modifications to or derivative works from the Software whether made by Licensor or another party). Nothing in this Agreement is intended to restrict the proprietary rights of Licensor or to grant by implication or estoppel any proprietary rights. All intellectual property developed, originated, or prepared by Licensor in connection with providing to Licensee Software, Products, or related services remain vested exclusively in Licensor, and this Agreement does not grant to Licensee any shared development rights of intellectual property. This Agreement does not involve any software that is a "work made for hire." Section 5 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Licensor's valuable proprietary and confidential information and trade secrets. Licensee will take necessary and appropriate precautions to maintain and guard the confidentiality of the Software and Documentation, using at least the same degree of care that Licensee applies to its own confidential information but not less than reasonable care. Precautions will include informing Licensee's employees and agents who are authorized to use the Software and Documentation that such information is confidential and may not to be disclosed to others. Licensee will not disclose the Software and Documentation to any third party except as permitted by this Agreement or expressly in writing by Licensor or pursuant to a Freedom of Information Act request. Licensee will limit access to the Software and Documentation to Licensee's employees and agents who need to know and are authorized to use the Software and Documentation as permitted by this Agreement. Section 6 LIMITED WARRANTY 6.1. The warranty period for the Software will commence upon shipment and will continue for 120 days unless Licensor has agreed to a different warranty period in a separate agreement that has been mutually executed by Licensor and Licensee, in which case the warranty period will be as stated in such agreement subject to the remainder of this Section 6.1. For Integration Framework software products, Printrak's Law Records Management System software products and Printrak's Premier CAD SETM software products, the warranty period shall commence as stated in the applicable agreement and will continue for 120 days. For Printrak Printrak's LiveScan software products, the warranty period shall commence as stated in the applicable agreement and will continue for 90 days. For Software that is application software that is provided on a per unit basis, the warranty period for subsequent units licensed is the remainder(if any) of the initial warranty period or, if the initial warranty period has expired, the remainder (if any)of the term of the applicable Software Maintenance and Support Agreement. 6.2. During the applicable warranty period, Licensor warrants that the unmodified Software, when used properly and in accordance with this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the system. Whether such defect occurs will be determined solely with reference to the Documentation. For Software involving radio frequency systems and Products, the primary functionality of a voice communication system is subscriber- to-subscriber, subscriber-to-dispatcher, and dispatcher-to-subscriber voice communication; and the primary functionality of a data communication system is point-to-point data transmission. Licensor does not warrant that Licensee's use of the Software or Products will be uninterrupted or error-free or that the Software or the Products will meet Licensee's particular requirements. Contract No.02-16039/DN 6.3. Before the expiration of the applicable warranty period, Licensee must notify Licensor in writing if the Software does not conform to this warranty. Upon receipt of such notice, Licensor will investigate the warranty claim. If this investigation confirms a valid warranty claim, Licensor will (at its option and at no additional charge to Licensee) repair the defect, replace the defective Software with the same or equivalent software, or refund the price of the defective Software or individual Product in which the Software is embedded or for which it was provided. Such action will be the full extent of Licensor's liability and Licensee's sole remedy for a breach of this warranty. If the investigation indicates the warranty claim is not valid, then Licensor may invoice Licensee for responding to the claim on a time and materials basis using Licensor's current labor rates. 6.4. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TRANSACTION COVERED BY THIS AGREEMENT IS A LICENSE AND NOT A SALE OF GOODS; THEREFORE, IT IS NOT COVERED BY THE UNIFORM COMMERCIAL CODE. Section 7 LIMITATION OF LIABILITY EXCEPT FOR PERSONAL INJURY OR DEATH, LICENSOR'S TOTAL LIAIBLITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILTY IN TORT, OR OTHERWISE, WILL BE LIMITED TO LICENSEE'S DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE PRICE FOR THE SOFTWARE, THE PRODUCTS PROVIDED BY LICENSOR IN WHICH THE SOFTWARE IS EMBEDDED OR INSTALLED, OR THE SERVICES SPECIFICALLY RELATED TO THE SOFTWARE WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT LICENSOR 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 ARISING FROM THIS AGREEMENT OR THE SALE OR USE OF ANY SOFTWARE OR PRODUCTS. This Limitation of Liability provision will survive the termination of this Agreement. Licensee must bring any action under this Agreement within one(1)year after the cause of action arises. Section 8 TRANSFERS Licensee may not transfer Software to any third party without Licensor's prior written consent, which consent may be withheld in Licensor's reasonable discretion and may be conditioned upon the transferee paying all applicable license fees and agreeing to be bound by this Agreement. Notwithstanding the preceding sentence, if Licensee transfers ownership of radio Products to a third party, Licensee may assign its rights to use the Software (other than Radio Service Software and Motorola's FLASHport® Software) embedded in or furnished for use with those radio Products; provided that Licensee transfers all copies of such Software and the related Documentation to the transferee, and the transferee executes a transfer form to be provided by Licensor upon request(which form obligates the transferee to be bound by this Agreement). Section 9 TERM AND TERMINATION Licensee's right to use the Software will begin when this Agreement is mutually executed by both parties and will continue in perpetuity unless Licensee breaches this Agreement, in which case it shall be terminated immediately without notice by Licensor. In addition to termination, Licensor shall be entitled to all available remedies at law or in equity (including immediate injunctive relief without proving damages and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Licensee Contract No.02-16039/DN acknowledges that its breach of this Agreement will result in irreparable harm to Licensor for which monetary damages would be inadequate. Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Licensor that all copies of the Software and Documentation have been returned to Licensor or destroyed and are no longer in use by Licensee. Section 10 NOTICES Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service with an asset tracking system, such as Federal Express, UPS, or DHL), and shall be effective upon receipt. Change of address must be in writing to the other party. Licensee - f f / Licensor Attn: of / rob Attn: (on"rr c� 1,�„(& �-M /.s-1 Oc-rU, I4s t{mv SP;r L C � / —/-4 o t a2 p bo 1Y) C_Ao g.o30 1 Section 11 UNITED STATES GOVERNMENT LICENSING PROVISIONS In the event that the Licensee is the United States Government or a United States Government agency, then the provisions of this section also apply. Use, duplication or disclosure of the Software and associated documentation under Licensor's copyrights and/or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless being provided to the Department of Defense. If being provided to the Department of Defense, use, duplication, or disclosure of Software and associated documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Software and associated documentation may or may not include a Restricted Rights notice, or other notice referring specifically to the terms and conditions of this Agreement. The terms and conditions of this Agreement shall each continue to apply, but only to the extent that such terms and conditions are not inconsistent with the rights provided to the Licensee under the aforementioned provisions of the FAR or DFARS, as applicable to the particular procuring agency and procurement transaction. Section 12 GENERAL 12.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. 12.2. COMPLIANCE WITH LAWS. Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Licensor and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the Unites States Government, or any agency thereof, at the time of such action, requires an export license or other governmental approval. Violation of this provision shall be a material breach of this Agreement, permitting immediate termination by Licensor. 12.3. WAIVERS. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or Contract No.02-16039/DN power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 12.4. ASSIGNMENTS. Licensor may assign any of its rights or subcontract any of its obligations under this Agreement, or encumber or sell any of its rights in any Software, without prior notice to or consent of Licensee. 12.5. ENTIRE AGREEMENT AND AMENDMENT. This Agreement constitutes the entire agreement of the parties regarding Licensee's use of the Software and may be altered, amended, or modified only by a written instrument signed by an authorized representative of each party, except that Licensor may modify this Agreement as necessary to comply with applicable laws and regulations. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either party. 12.6. GOVERNING LAW. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 12.7. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. In witness whereof, the parties have caused duly authorized representatives to execute this Software License Agreement on the dates set forth below. Licensor Licensee 14K _ By: / Name: r► r .., ' o Q N e: `% L A Title: \INER111(/a o P--- Title: i Date: ' — _ . , Date:,73 £fpr- °,5&co. REVIEWED Contract No.02-16039/DN EXHIBIT B ,...,_..„------„. ® ::•;S:-.- ..*•.::": 74* :Z,.,50=';‘,3V11.14tC.S.:,'--1:rt.:11...:1141:1131:::.....:::;,,t,,... 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''.,..`i.'Zi• tn---1V-,i z ,,,,---.11, . - ••-It...' ..., ......„..,. •. . .....,-.- • May 2002 00-0203-06 RFP# 02-033 1 7" PRINTRAK 0 0_ A Motorola Company Appendices � , ° �� i. � ,, 'ath0':'V.-.` '''''''m2:47* ,::;:il.'•':7-4V44-4,17:1r3v 7::'1 '''''' ' -''**,k-- smmwtiol • A 6 3 y .rya" __ � �. �a� . ,, ¢*^c x t x� £ ` *� : ;:::s:'i'4, # z;:zv;'...,vi'3 ., .a3^ , �' ram . s4 ^ rya e��,, 4�r , t '= kyF` • r ,m..,..A..-. ,,ii* .- a i .cs' 'tug nt. 1.4 P ----- 1.1 A.,,,,,:Z.4;44::- . *:-‘.,'''. .•. I,..* 4 .ti A: ''''''''''. — 61‘111Itzr--grill May 2002 00-0203-06 RFP# 02-033 te„,())4‘, MOTOROLA `'t 6 ! 4 ''` Y - ff„ 3 I,f.,,1-'.-!,i,,.st'.:.'!„:i;-.-t..tl.k'0,e0r?,.-.,i.]:':3c•.0il7--„-s',.!:.,-vi„zZ''„t-.-,:--',V:!-'',-•-„.,,;-:„A-',-,',-tW1;'-,,'':'F---,-,„;,''.'-r0't''x5'„,„;'„.;.-.g4:1'-'J. L„ ' ?ors , :: s,•w "r .A d .z,, x.k,. :: t ; f- .:.' t ,s-' ,, !-.„:,5,-,,.'4•.',,•,%',,70,•'.0:;„0,;..,;:4':,H,:;,,i'.,..:,...,k.,.4.,,i.',.„',,.•.,!t,'i.:.i„•,;,.;,.:•,:,,',,g.-.:..'.,.-'-Z.,t.!,.7.:.r..:..,,;V',.,,:•!,,.',;,.:;:,,,i.-:n0,.,-!,i.,V...,,,.•.;:0..C'.„V.„04.,.,:-,:,,,1:0I:,,..V.7',-„,l,i,g-,-p,,,,O.„;,:-:„-'.,g'.,.I ,ii.P„t,V.li.4il:„-:.. .a ..�.Fj rY D u: r ,,„. . $ e 7 r. x ter;f' . 4 :; ,4;,i 6 ''' ' 4 a . w.,,g,i,,,„,;,,k,.,,,,„,,1,,*, Kt t :t a Work v , , .,f„••!,,•.l:•T-•.,'''„.,'? • • . ,'.. .'-•.:.:.."..::::.0...,,,,,''.,.-,'.,,-,,,,,„.,„...,,..,,'.:.„,.„..:.:..„:„.'...,„',.,.',,„'7:.',.„,„,:.„,„,,,,,,,„,„,,,,,,,„,„„,„,,„,„,.„-,,„,,.,,,,,,„,..„,:,,..„.,,,,....„,,,,.,,,,.,,,,,,_„,,,,.,!,.,,,,,,.„,.a,,:,t,,,,.,,,,,.,,,,„,,,,,,,,„,,...,,„„,,..,.„.,,.,,„, w r ra y . � ,,,.,,,,,„.,„„.,.-',,•,, ,,,::, ��:,„:,,:h-,,.,0.,,,:„;1,„;i,,,,.•.......:i"':,:.„,:::::.„:,:.,,:„,;..„...‘..,„:,„,,'..s.,,-..,...-,>::,:,,,,, :,„:-,:'„,„'_:,,„•„..,•„- ...,,: .;.' r4 ,� is s- sd t 6 „,, s�9�E c '' *y t ,y , v. • ,J "...._.•:„.„..,„,,,,,,,„,:.„,,,,,.,,,..„,,.,:,,,„:,,:,,•,„,.., a 3„"..; ,, ,.. .i�.i` Y�.A,rez T wz''i r,,:xr� £? '..• •..,> @ :., ' ..:.,„.,..„..„,,„,„,,„,,,,,,,,:t.-..-5..,,,„„,,,. • si . . ,J.,.... .. •.: ,..•....:,..,„..-,,:.",..,,.,,,,:,,„-,,,,..„,„„,.„.„,,,„i.,_„,u,,,,....,„:.„,..,.,•_ ,,,,,,,......,,,„,,,,,,,,,,,,,„..„,,...,,„4,„.,,,,,,,,,;„,:„.„..„,,,„.",„„?..„,„-,,,,,,,,,,,,,,,.,,,,„:,..„,,,,,,,,,,..„-. ,...„,.„,..„&„.„.„,,,,,,,.....,,„,,..,...„,........„,„.„.„.„,,:„..4.„,„,.....„,...„,,,,,,...„,, .,..„..„„,,,.,,....,,,.,„,:,:,,,,,,.../....::,.......,,.....,...... .. .. April, 2002 ;ti -y�r` ;` rh ► � ; �� , , ,,,,,,,..,„:,,,:--. �, . , I ,,,,:le., ..4-- ,,,'"'':,,, Motorola Confidential Proprietary City of Elgin Statement of Work Purpose Motorola has assembled this document, called a Statement of Work (SOW), to summarize the tasks to be performed by Motorola and the City of Elgin. Motorola intends for this to be a negotiated document representing the most current understanding of the contract deliverables. Changes to this document will be made by formal request by any of the parties and approved by the others. Detailed equipment and software specifications may be included as attachments to this SOW. These attachments, provided by Motorola, may be technical product sheets, special narratives, printed brochures, or other printed matter that clearly delineate the technical parameters describing the function, facility impact, and interface requirements of all the equipment and software supplied by Motorola. Project Overview Motorola will provide to the City of Elgin a Premier MDC message switch, including the hardware and software to provide message routing, logging, syntax translation, and security capabilities for Mobile Data Computers (MDCs), as depicted in Figure 1 below and as outlined in the Functional System Description. The project consists of the following: Premier MDC • The City of Elgin will provide a connection for communicating with the RF Network. Motorola will provide an Ethernet card as a 10/100 BaseT connector. • One (1) Premier MDC Satellite Message Switch (server) hardware and software will be provided as noted in the Premier MDC Server FSD. • One SQL Database Standard Edition(runtime license) • Motorola will provide Field Engineering services required to install and configure the Premier MDC Message Switch. • An interface will be provided for communicating with the LEADS/NCIC/NLETS (CMS) System. Motorola will provide State transactions currently supported by Premier MDC. Any additional state transactions requested will incur additional charges beyond those included in the pricing of this proposal. • An interface will be provided for communicating with the ALERTS System. Motorola will provide transactions, as defined in Appendix A, currently supported by ALERTS. Any additional ALERT Functionality requested will Motorola Inc. 1 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work incur additional charges beyond those included in the pricing of this proposal. • An interface will be provided for communicating with the proposed Motorola Printrak CAD. Motorola's CAD API supports digital dispatch, status updates, status reports, self-initiated calls, and other functionality as outlined in the Functional System Description. Motorola will provide to the City of Elgin the license to run up to 86 copies of Premier MDC Client software to run on the City of Elgin's Mobile Data Computers. These computers must be installed with Microsoft Windows 98,NT 4.0,or Windows 2000. Motorola has contracted to load all 86 copies of Premier MDC on the mobile data computers as required in the RFP. Premier MDC Satellite Message Switch • Motorola will provide the Satellite Message Switch hardware, including an Ethernet Card which, acting as a 10/100BaseT connector, will enable TCP/IP communications from the Satellite Message Switch to the Central Message Switch. Any additional cabling, networking equipment, or services required to enable a connection to the Central Message Switch are the responsibility of the customer. • A connection between the Central Message Switch and the Satellite Message Switch to access State and Messaging services is the responsibility of the City of Elgin. This connection must furnish Network(LAN-to-WAN)access through a Frame Relay or Fractional Ti circuit with a CIR (Committed Information Rate) of at least 56/64 Kbps. The customer is responsible for all costs associated with acquiring and/or maintaining such a connection, including the following: CSU/DSU, router or other device for WAN/LAN connectivity; proper LAN routing and Assignment of IP addresses; provisioning of a PVC (Permanent Virtual Circuit) for connection to the Central Message Switch. • In the standard configuration, the Satellite Message Switch will access the State databases through the Central Message Switch. • LEADS/NCIC/NLETS queries and multi-agency messaging to other Premier MDC users registered on the Central Message Switch will be available once the following conditions are met: (1) the Satellite Message Switch is installed and operational; (2) the connection between the Satellite Message Switch and Central Message Switch is installed; (3)the basic client software is installed and operational on the City of Elgin mobile units. Motorola will provide only those State transactions currently supported by the Central Message Switch and the Premier MDC Client. • Local services will be available once the City of Elgin's Satellite Server is installed, connected to, and operational with the Central Message Switch. The interfaces to these local services such as CAD must be connected to,and operational with,the Satellite Message Switch. Motorola Inc. 2 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Premier MDC Central- Satellite Message Switch System Diagram State Interface Premier MDC Premier MDC: • ServerA ServerB Messaging ' M—Neartbea ■---Z----- User Registry SCSI } State ,l�_ I I.e. 5 Gateway STATE/NCIC/NLETS _m D— r. Premier MDC 1 D P Central Message i _ _ Switch i Shared Disk .0) — —— Array — Frame Relay or other WAN-LAN Network -- i. u Other Apency PMDC Mobiles •O , Wireless Network Local Agency le PMDC Mobiles �j r=1 Local ee i ———_Agency_ 4.440. Site —I Wireless Network I� y M Premier MDC .Illo�lll. $ Satellite Server .I ' Software Local F Registry e I r Local Services Premier MDC CAD/ PMDCCentral-Satellite RMS orr Satellite CAD/RMS Interface other Message • Service Message Switch Architecture Host Switch Other Local Services L J Premier MDC Central-Satellite Configuration Motorola Inc. 3 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. i A City of Elgin Statement of Work Project Deliverables Project Timeline To ensure that the implementation of the proposed Message Switch proceeds smoothly, the Motorola Field Engineer, in conjunction with all parties concerned, will be responsible for scheduling the system shipment, installation, optimization, training, and production cut-over. Upon contract award, the Field Engineer will finalize the Project Timeline to display the approximate start and completion dates of the project. Equipment List The City of Elgin has purchased 86 Premier MDC Client. Client software license fees for more than the 86 Premier MDC quoted users are additional. Substitutions: At no additional cost to the City of Elgin, Motorola reserves the right to substitute any equipment, software, or services to be provided by Motorola, but only if the substitute meets the specifications and is of equivalent or better quality and value to the City of Elgin. Any such substitution will be reflected in a change order. Message Switch Software • Microsoft Windows 2000 or NT Server with Service Pack 6 • Host Integration Server 2000 (Available but Not Proposed) Remote Control Software(Dial-in Access) • Motorola Premier MDC Message Switch Software • Motorola TalkThruiRF Server 3270/5250 Emulation Software (If Applicable) Motorola Inc. 4 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Message Switch Hardware The message switch hardware comes with a three-year on-site manufacturer's warranty, effective the initial date of purchase from manufacturer. The following specifications will be provided (or better, depending on availability at the time the server is ordered). • 933 Mhz Processor w/P3K • 256MB SDRAM Memory • 256K, 133 Cache • Dual 9.1 GB LVD SCSI Hard Drives (Mirroring) • 17" 16. OV 1600x1200 Color Monitor • 24X, SCSI CD-ROM Internal • 56K Asynch External Modem • Internal PowerVault 100T DDS4 • (1)Uninterruptible Power Supply(UPS) • Microsoft NT Server Software 4.0 • PC Anywhere 9.2 • 3 Year Mfg. Warranty from Date of Purchase from Manufacturer • (1)Ethernet Card or(1)Token Ring Card Client Application Software • Premier MDC Client Software(the license to run up to 86 copies) Documentation The Premier MDC documentation consists of online help covering both standard and optional features. The content of this documentation is standardized and might not be specific to your department. The following Premier MDC Help files are installed with the Client and Message Switch applications: • Premier MDC Client Help file • Premier MDC Message Switch Help User Registry Editor Help Reggie Message Switch Configuration Utility Help Message Switch Console Help Message Switch Reports Help Under this contract, documentation will be provided in online or electronic form only. Adobe Acrobat PDF versions of a user guide, release notes, and installation instructions are available by request. Motorola Inc. 5 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Project Management Services Motorola will use different, highly skilled professionals at various stages of the implementation process. Many individuals will play key roles in this project. Some will work on the project starting day one and will be involved with the ongoing support of the relationship, and others will be assigned specific tasks as a result of their unique expertise in given areas. The project team will be structured to include project management activities that will occur at Motorola. The project team is designed to ensure that the project moves forward and meets critical milestones in a timely fashion. Project Manager The Project Manager will be directly responsible for reviewing and controlling the schedule, directing the project team, ordering equipment, arranging deliveries, and negotiating subcontracts. All installation, system testing, optimization, documentation, and coordination are the responsibility of this person. These duties continue until the system is operational and the system is accepted by the City of Elgin. The tasks that comprise the scope of Motorola's project management method are outlined below. These tasks have been accomplished in all of Motorola's successful system implementations and are standard operating procedures within Motorola's System Integration Team. This following is a list of tasks associated with the Project Manager: • Customer contact • Delivery scheduling • Coordinate required engineering • Site visitations and layouts • Installation scheduling • Documentation • Subcontracting • Installation instruction and supervision • Equipment inventory • Equipment distribution • Generate status reports • Assist in executing test plan(s) • Supervise the execution of the Acceptance Test Plan(s) • Obtain system acceptance Motorola Inc. 6 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Field Engineer Motorola will assign a Field Engineer to work at the direction of the Motorola Project Manager. Motorola's Field Engineer will be utilized to set the technical direction of the project and to ensure the technical integrity of the system. The Motorola Field Engineer will review various technical documents with the City of Elgin, in addition to working with Motorola development and support during the implementation of the system. Motorola Inc. 7 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work High-Level Implementation Plan Motorola has provided the following as a high-level implementation plan delineating those tasks requiring completion prior to the commencement of the next set of tasks. They are in order of required occurrence. Pre-Installation Services 1. The City of Elgin must procure the necessary LAN-to-WAN connections/circuits and provide necessary network accesses and dial-up lines for remote support. 2. Motorola will coordinate a project kickoff meeting with the City of Elgin to define each aspect of the installation,including Premier MDC configuration. 3. Motorola will provide the City of Elgin a projected implementation timeline predicated on the information provided during the project kickoff meeting. 4. Motorola will install the Message Switch. 5. Motorola perform the Message Switch ATP. 6. Motorola will develop the client application. 7. Motorola will bring the client application to the field and test its functionality in a live environment. Participation from the City of Elgin would be appreciated. At this point, the City of Elgin will have the opportunity to provide Motorola with input on any discrepancies on required formatting, key mapping, or general comments on the integrity of the client application. Installation Services 8. Motorola will configure all hardware and install the software necessary for the complete operation of the Premier MDC Message Switch. 9. Motorola will compile a report (punchlist) on any issues uncovered and submit to development for modification. 10. Motorola will provide the modified client application to the field for final review with the City of Elgin. A formal ATP will be performed. Training 11. Motorola will provide the contracted-for training to the City of Elgin. Acceptance Testing 12. Upon completion of training Motorola or deployment of the system by the City of Elgin, Motorola will request signature on the Final System Motorola Inc. 8 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Acceptance. Final System Acceptance signifies that all project deliverables have been provided in a satisfactory manner and generates a request for the final milestone payment. Pre-Installation Services Motorola will work closely with the City of Elgin to define each aspect of its installation and to construct a common understanding of all deliverables. Premier MDC Configuration It is imperative that the City of Elgin and Motorola have a clear understanding of what has been requested for screen shot design, button bar configuration, and key mapping. After the initial configuration, the City of Elgin will be provided one opportunity to refine those configurations requested without incurring additional charges. After the initial modification, and one revision, the City of Elgin will be assessed a fee for modification to any requested configuration change regardless of the effort. The fee will be commensurate with the effort. However, even slight modifications typically require development of a new version. Installation Services Motorola will configure all hardware and software necessary for the complete operation of the Premier MDC Message Switch. Motorola will unpack the Premier MDC Message Switch equipment and put it in place. Motorola is responsible for preparing the site for installation, such as running cables in floors,walls, or ceilings, limited to the computer room adjacent to the dispatch room for the provided Motorola provided servers. Motorola has not quoted installation services beyond this. The City of Elgin is required to provide all network, electrical, and telephone connections for the proposed system, including placing (or pulling) cables to any location beyond the computer roon. The Motorola installation includes: • MS Windows 2000 or NT installation and configuration • Installation and configuration of communications PC card • Premier MDC Message Switch TCP/IP installation and configuration • Premier MDC Message Switch configuration • Premier MDC Message Switch software installation and configuration (including Address and User Tables configuration) Motorola Inc. 9 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work The City of Elgin is responsible for preparing the site for installation, which includes: • Providing the required space for location of equipment • Providing the required electrical service and grounding • Running cables in floors,walls,or ceilings beyond the computer room • Network(WAN-LAN)beyond the computer room o Access: Frame Relay or Fractional T1 circuit o Equipment: CSU/DSU,router or other devices for WAN/LAN connectivity o Assignment of IP addresses o Configurations and connections: Provisioning of PVC(Permanent Virtual Circuit) for connection to the Central Message Switch o Data rate: CIR(Committed Information Rate)should be at least 56/64 Kbps • Network(LAN) o Access: Ethernet 10/100 BaseT o Equipment: Appropriate routers, firewalls,etc. o Assignment of IP addresses and subnets o Configurations and connections o Data rate: 10/100 Mbps • Printer o Supply or setup of system or default printers o LAN access o Printer drivers • Telephone circuits • Premier MDC Server user registry population of: o Device IDs o ORIs o User names or passwords o Group configurations,other than those populated for the execution of the Acceptance Test Plan Motorola Inc. 10 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Punchlist Resolution Any and all identified project-related deficiencies discovered during the execution of the ATP will be documented on a punchlist form. Recording these punchlist items on a documented form will allow the Project Managers (the City of Elgin and Motorola) to track any software defects and expedite a satisfactory resolution. The purpose of the project punchlist is to identify and document mutually agreed-upon system software defects and to use the project punchlist as a working document toward project final acceptance. Once all project punchlist items have been completed, the City of Elgin will grant final system acceptance. Note:All enhancement requests should be forwarded to Motorola's Project Manager. Motorola Inc. 11 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc.,or its designees. City of Elgin • Statement of Work Training Motorola believes that training should be as interactive as possible and permit the students to learn the new system with instructor assistance as necessary. To meet the City of Elgin's needs, Motorola has proposed the Basic Training package. Basic training • One day (up to 8 hours) of trainer's time plus materials. Includes travel time to and from. • Up to two hours System Administrator training(Limit 6). • Up to four hours Train-the-Trainers(Limit 6). If additional training is required, Motorola as a change order can provide one of the following training packages: Enhanced training • Two days (up to 14 hours) of trainer's time plus materials. Includes travel time to and from. • Up to three hours customizing training materials. • Up to three hours System Administrator training(Limit 6). • Up to eight hours Train-the-Trainers (Limit 15). Elite training • Three days (up to 21 hours) of trainer's time plus materials. Includes travel time to and from. • Up to eight hours customizing training materials. • Up to four hours System Administrator training(Limit 5). • Up to eight hours Train-the-Trainers(Limit 20). Additional training options are available during business and non-business hours. Please see pricing for details. The training course will be customized as the system is developed and installed. The City of Elgin will be consulted as to the content and presentation of the material to better tailor the course to each specific audience. Motorola offers full course curriculum on all of its systems and application software. These courses are designed to accomplish the following: • Ensure user mastery of the new system. • Provide hands-on usage in the class and workplace. • Build user confidence in the technology. • Permit review and learning at the student's pace. Motorola Inc. 12 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Train-the-Trainer Agenda: A typical agenda for the Premier MDC Train-the-Trainers session for users follows. System Architecture—Overview of Data Flow Through the System Client Software RF modems/issues Premier MDC Overview Terminal Emulation Overview(if applicable) Premier MDC Introduction to Logon/Off Logon/Off process-Behind the scenes How units and users are validated Messaging Creating a message What is the"SendTo"List Sending messages to/from CAD Viewing a message FastKey Support State Interface Creating and sending inquiries Viewing returns Dispatch(if applicable) Status screens Active Incident List Status changes Self-Initiated ReceivingNiewing a dispatch Changing status(En Route,At Scene,etc.) Completing a call(Disposition) Screen Blanking,Screen Restore, Emergency Key Motorola Inc. 13 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. ElCity gin of Statement of Work Acceptance TestingServices p An Acceptance Test Plan (ATP) will be created to accomplish the detailed testing of the functionality of the system components (Premier MDC Client software, and any CAD integration modules) in this project. The ATP describes the functional components to be tested to achieve system acceptance. Once all MDC computer hardware components and the mobile units are installed and operational for this configuration, these procedures will be used to demonstrate the conformance of the Message Switch to this Statement of Work(SOW). A representative from Motorola and at least one City of Elgin representative will perform each test within the ATP. Upon completion of each portion of the ATP, the City of Elgin's representative observing the tests will sign and date each section representing acceptance of that portion of the ATP. If any problems are detected during the execution of the ATP, a system deficiency list (punchlist) will be created to document all exceptions to the ATP based upon mutual agreement by the City of Elgin and Motorola. The failure of one test will not necessarily require the entire ATP to be rerun. The interrelationship of a particular test to other features will determine the number of items to be re-tested under the facilities of the ATP. In any event, the re-running of the ATP, or any portion of the ATP, will occur immediately after problem resolution. Upon a satisfactory correction of any and all punchlist items,The City of Elgin will grant final system acceptance. A preliminary Acceptance Test Plan (ATP) can be found as an attachment submitted with this document. Motorola will create an City of Elgin-specific ATP that will be executed to demonstrate full system functionality upon completion of development, installation, and optimization of the system. Motorola Inc. 14 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Responsibility Overview City of Elgin Responsibilities The following tasks are the responsibility of the City of Elgin: 1. Site Preparation. Motorola is not responsible for preparing the site for installation, such as running cables in floors, walls, or ceilings beyond the computer room. The City of Elgin is responsible for all site preparation for the proposed servers prior to the scheduled installation of the system. This includes (but is not restricted to): • Telephone lines (which must be available prior to system installation) A dedicated telephone line for remote diagnostics and support of the Premier MDC Message Switch. • A physical connection to LEADS must exist and be available for use by Motorola at time of on-site installation. • Electrical/Power connections. • The provision of adequate, suitable space for the Premier MDC Message Switch. 2. The City of Elgin will provide a person to act as a single point of contact for all aspects involving the implementation of this project. This person will also be responsible for the coordination and communication with other contractors, telephone companies,agencies,etc. 3. The City of Elgin will furnish the number of status keys (e.g., Acknowledge, En Route, At Scene) and their respective labels, and choose which ten (10) of these labels should appear at all times on the Premier MDC Client Main Menu screen. 4. The Training Facility. The City of Elgin is responsible for providing an adequate training facility. This facility will include laptop PCs and RF modems. Chairs should also be supplied for the students and instructor. Additionally, the facility must have adequate RF coverage to support a"live"training session. 5. The City of Elgin is responsible for having the required personnel available for each on-site training session. 6. The City of Elgin must assign at least one qualified individual (System Administrator) to learn the operation of the Premier MDC Message Switch. This individual will complete acceptance testing of the Premier MDC Message Switch and Premier MDC Client software with Motorola personnel. Motorola Inc. 15 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 7. The City of Elgin is responsible for all supplies for the project, e.g., tapes for system backup. (Motorola will supply the tapes necessary for one full backup as part of training.) RF Network Provider Responsibilities The RF Network Provider is responsible for all network communications, connections,hardware,etc.,necessary to bring up a production RF infrastructure. Responsibility Matrix Motorola has supplied a Responsibility Matrix for project implementation. This matrix outlines the tasks that are to be completed by Motorola and the City of Elgin in order to successfully complete the implementation of the proposed system. The primary goal of the Responsibility Matrix is to clearly define who is responsible for completing specific tasks. P Primary task responsibility S Secondary task information provided as required F s r y � Ei 1. Project Planning 1.1 Prime Contractor P 1.2 Project Administration P 1.3 Customer Single Point of Contact P 1.4 RF Network Single Point of Contact S P 1.5 Project Schedule P 1.6 Adherence to Change Order Process S P 1.7 Incorporation of System Modifications/Enhancements P 1.8 Missed Delivery and Impact on Future Deliverables P 2. Order Equipment 2.1 Order MDC Message Switch Hardware&S/W P 2.2 Order MDC Message Switch Cabling and Adapters P 2.3 Supply or Upgrade Mobile Laptops(if Necessary) P S S 2.4 Order RF Network Equipment P S 2.5 Order RF Modems P S 3. Site Preparation 3.1 Provide Space P 3.2 Provide Power P 3.3 Provide Dedicated Dial-Up Phone Line P Motorola Inc. 16 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work diglidM orolar� .wiAr. 3.4 Provide Facility Resources P 3.5 Take Ownership of Equipment P 3.6 Provide Access to Desktop or Workstations P 3.7 Provide Default Printer P 3.8 Assign a System Administrator P 3.9 Satellite Message Switch: Provide connection between P the Satellite Message Switch and the Central Message Switch 3.10 Satellite Message Switch:Assign a Satellite Message P Switch Administrator 3.11 Satellite Message Switch: Coordinate Maintenance of P User and Device Registries with Central Message Switch System Administrator 4. RF Network Connectivity 4.1 RF Network Interface Development P 4.2 Test RF Network Connection P S 4.3 Configure Message Switch Connection to Network P 4.4 Configure RF Modems P S 5. State Connectivity 5.1 STATE/NCIC/NLETS Interface Development P 5.2 Acquire Mnemonics,User IDs,and Terminal IDs P 5.3 Receive STATE/NCIC/NLETS Responses from Central P Message Switch 6. Customizations 6.1 Screen Layout/Design Toolbar and Function Keys P S 6.2 Status Codes Available to Mobile Users P S 6.3 Provide CAD API and client screens P 6.4 Develop CAD-to-Server Interface P S 7. Installation 7.1 Installation Planning P S S 7.2 Ship Message Switch to Motorola P 7.3 Ship Message Switch to Customer P 7.4 Install MDC Message Switch at Customer Site P S S 7.5 On-Site RF Connectivity Test P S 7.6 Enter Users and Devices into Message Switch S P 7.7 On-Site Messaging Test P S 7.8 On-Site STATE Connectivity Test P S 7.9 On-Site CAD Connectivity Test P S 7.10 On-Site In-Vehicle Paging Test P S 7.11 On Site Text-to-Voice Test P S 7.12 Install Laptops and Modems P S Motorola Inc. 17 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc.,or its designees. City of Elgin Statement of Work Task Motorola RP ' The City of Elgin 8. Training 8.1 Preparation and Instruction P S 9. Acceptance Testing 9.1 Assign MDC Test Units P 9.2 Message Switch Acceptance Testing P S S 9.3 Conditional Acceptance S S P 9.4 Resolve Punchlist Items P S 9.5 Final Acceptance S S P Motorola Inc. 18 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc.,or its designees. City of Elgin Statement of Work Task Detail 1. Project Planning 1.1. Prime Contractor Motorola will act as the prime contractor. 1.2. Project Administration Motorola will have primary responsibility for project administration. 1.3. Customer Single Point of Contact The City of Elgin will provide a person to act as a single point of contact for all aspects involving the implementation of this project. This person will also be responsible for the coordination and communication with other contractors, telephone companies, agencies,etc. 1.4. RF Network Single Point of Contact The RF Network Provider will identify a single point of contact for all RF issues. 1.5. Project Schedule Motorola will be responsible for developing a project schedule. 1.6. Adherence to Change Order Process The City of Elgin will adhere to the defined change order process should system modifications or feature enhancements be requested. In addition, the City of Elgin will provide Motorola the opportunity to evaluate the effort and scope required for the requested change. Motorola will provide a financial and implementation impact analysis as required. 1.7. Incorporation of System Modifications/Enhancements The City of Elgin will allow a controlled incorporation of any system modifications or feature enhancements as agreed to in the change order process. 1.8. Missed Delivery and Impact on Future Deliverables The City of Elgin understands that there may not be a direct correlation, of days delayed, between a missed delivery date and the impact of that delay on a future deliverable. Motorola Inc. 19 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 2. Order Equipment 2.1. Order Message Switch Hardware and Software 2.2. Order MDC Message Switch Cabling and Adapters See Project Deliverables section above for specifications. 2.3. Supply or Upgrade Mobile Laptops(if necessary) Motorola is responsible for ordering and installing any upgrades (hardware and software) to its existing laptops to run the Windows 98, NT, or 2000) operating system. Motorola is responsible for configuring all laptops to be set up/configured during the installation with Windows 98,NT, or 2000. 2.4. Order RF Network Equipment Motorola and the RF Network Provider are responsible for ordering any additional equipment required for the server to interface with the RF network. 2.5. Order RF Modems Motorola and the RF Network Provider are responsible for ordering the RF modems for this project. Motorola Inc. 20 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 3. Site Preparation Motorola is not responsible for preparing the site for installation,such as running cables in floors,walls,or ceilings beyond the computer room. The City of Elgin is responsible for all site preparation for the proposed servers prior to the scheduled installation of the system.This includes,but is not restricted to: 3.1. Provide Space The provision of adequate space for the Premier MDC Message Switch. Space at all sites must be suitable for computers. 3.2. Provide Power Electrical Connections. 3.3. Provide Dedicated Dial-Up Phone Line(s) Dedicated telephone line(s) for remote diagnostics and support of Premier MDC and to dial into the Paging Company(if applicable). 3.4. Provide Facility Resources All supplies for the project; e.g., tapes for system backup, extension cords,UPS devices,etc. 3.5. Take Ownership of Equipment The City of Elgin will provide a complete inventory of all equipment per site and take ownership of all equipment received. In addition, the City of Elgin will be responsible for security and ultimate assignment and accessibility and assignment of all equipment. 3.6. Provide Access to Desktop or Workstations The City of Elgin will provide any required network, LAN/WAN, accesses, modifications or configurations necessary to provide access to any current or future desktop workstations) or printer(s). It should be noted that Static IPs are required for all desktop workstation(s). 3.7. Provide Default Printer The City of Elgin will provide the default printer that can be connected to the Premier MDC Message Switch, if required by the City of Elgin. This printer is necessary for Premier MDC Message Switch to print responses from LEADS/NCIC/NLETS. In a multi jurisdictional system, the City of Elgin will provide the default printer for each agency using Premier MDC. Motorola Inc. 21 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. I � City of Elgin Statement of Work 3.8. Assign a System Administrator The City of Elgin will assign a system administrator whose responsibility it will be to configure the user and device registries on the Message Switch in addition to being capable of addressing any services (State, CAD) access issues that may arise during implementation. The assigned City of Elgin system administrator will be trained on administrative tasks required on the Message Switch in addition to the installation procedures for client applications. 3.9. Satellite Message Switch: Provide connection between the Satellite Message Switch and the Central Message Switch The City of Elgin will provide the connection between the Satellite Message Switch and the Central Message Switch. This connection must furnish Network (LAN-to-WAN) access through a Frame Relay or Fractional T1 circuit with a CIR (Committed Information Rate) of at least 56/64 Kbps. The City of Elgin is responsible for all costs associated with acquiring and/or maintaining such a connection, including the following: CSU/DSU, router or other device for WAN/LAN connectivity; assignment of IP addresses; provisioning of a PVC (Permanent Virtual Circuit)for connection to the Central Message Switch. 3.10 Satellite Message Switch: Assign a Satellite Message Switch System Administrator The City of Elgin will assign a Satellite Message Switch system administrator whose responsibility it will be to address any local services (CAD) access issues that may arise during implementation. The assigned City of Elgin system administrator will be trained on administrative tasks required on the Satellite Message Switch in addition to the installation procedures for client applications. 3.11 Satellite Message Switch: Coordinate Maintenance of User and Device Registries with Central Message Switch System Administrator The City of Elgin's System Administrator will coordinate with the System Administrator for the Central Message Switch to populate, configure, and maintain the City of Elgin's user and device registries on the Central Message Switch,which currently can only be done at the Central Message Switch. Motorola Inc. 22 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 4. RF Network Connectivity 4.1. RF Network Interface Development Motorola currently supports most RF networks. If the RF network is already supported,no additional work needs to be performed. 4.2. Test RF Network Connection Motorola and the RF Network Provider will test the fixed-end network connection. 4.3. Configure/Test Message Switch connection to RF Network Motorola will configure and test the Motorola connection to the RF network. 4.4. Configure Modems Motorola and/or RF Network Provider will configure the modems. A minimum of two (2) laptops must be on site and configured prior to Motorola's arrival for the installation. 5. State Connectivity 5.1. LEADS Interface Development Motorola will develop an interface to access the LEADS system over the existing connection. The City of Elgin is responsible for ensuring the connection to the State is in place and available for use by Motorola at time of on-site installation. 5.2. Acquire Mnemonics,User IDs,and Terminal IDs The City of Elgin will acquire will acquire the appropriate mnemonics,user IDs, and terminal IDs as required by the state, and ensure the users granted access to LEADS have completed the proper certifications. 5.3 Receive LEADS/NCIC/NLETS Responses from Central Message Switch The City of Elgin understands that the query information returned from LEADS/NCIC/NLETS will be displayed as it is forwarded from the respective agency(s). Query information returned from states that are not parsed, are displayed as forwarded from the respective state. Motorola Inc. 23 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 6. Configuration 6.1. Screen Layout/Design,Toolbars and Function Keys Motorola will configure the screen layout, the Premier MDC toolbars and function keys to the City of Elgin's requirements for State and Printrak CAD. After the initial screens are created, the City of Elgin can request one set of screen revisions at no expense.Any additional revisions by the City of Elgin will require a Change Request Form and will incur charges on a time and materials basis. 6.2. Status Codes Available to Mobile Users The CAD, Printrak/Motorola, will be responsible for configuring the various status codes that are available for mobile users based on requirements. 6.3. Provide CAD API(Application Programming Interface) Motorola and Printrak will develop applicable screens on the client application for exchange of data with the CAD. The API includes interface documentation, transport source code, and a fully functioning Premier MDC test environment. Motorola will provide its standard API transactions for the CAD interface. Motorola will configure the CAD screen layout to the City of Elgin's requirements. After the initial screens are created, the City of Elgin can request one set of screen revisions at no expense. Any additional screen revisions by the City of Elgin will require a Change Request Form and will incur charges on a time and materials basis. 6.4. Develop CAD-to-Server Interface Motorola is responsible for ensuring an appropriate interface is written on the Printrac CAD system to Motorola's API. Motorola Inc. 24 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 7. Installation 7.1. Installation Planning Motorola and the City of Elgin will plan the on-site installation visit several weeks prior to Motorola's arrival. 7.2. Ship Message Switch to Motorola Motorola is responsbile for shipping the Message Switch to Motorola, Stamford for software configuration. 7.3. Ship Message Switch to Customer Motorola will ship the Message Switch to the project site approximately 1-2 weeks prior to arriving on-site for the installation. 7.4. Install MDC Message Switch at Customer Site Motorola will install, configure, and test the MDC Message Switch and several MDC Clients at the project site. 7.5. On-Site RF Connectivity Test Motorola will test RF connectivity between the MDC Message Switch and several mobile laptops. 7.6. Enter Users and Devices into Central Message Switch The City of Elgin users and devices should be entered into the Central Message Switch registries prior to the execution of the Message Switch ATP. If the system is ready to be tested prior to the configuration of these registries, Motorola will populate these registries with the minimum amount of"test"users necessary to complete the testing procedures. The ATP will be performed with these test parameters. The City of Elgin's System Administrator will remove the test configurations upon system acceptance and coordinate the population of these databases and acquire or grant accesses as appropriate. 7.7. On-Site Messaging Test Motorola and the City of Elgin will test the messaging function. 7.8. On-Site STATE Connectivity Test Motorola and the City of Elgin will test the Message Switch interface to the State LEADS System. 7.9. On-Site CAD Connectivity Test Motorola and the City of Elgin will test the Message Switch interface to the Printrak CAD System. 7.10. On-Site In-Vehicle Paging Test Motorola and the City of Elgin will test sending an alphanumeric page directly • from the car via the Message Switch to another user whose pager is entered on the system. Motorola Inc. 25 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work 7.11. On-Site Text-to-Voice Test Motorola and the City of Elgin will test the translation of messages from text to speech. 7.12. Install Modems Motorola is responsible for the installation of the MW520s/laptops and RF modems into the car. Motorola will provide one prototype vehicle installation for each vehicle type, up to a maximum of 3.After approval of each prototype,Motorola will instruct a technician from the City on the relocation of existing equipment needed before each vehicle of that type is dropped off for mobile installation. If the City chooses, Motorola will provide an additional quote to remove and or relocate existing equipment necessary for the mobile installation. Note: Some interfaces, due to availability, may instead be installed and tested remotely, not on site.All system components may be installed during the same visit, not necessarily on separate or individual visits. 8. Training Preparation and Instruction Motorola provides interactive training with the system. The actual courses are built as the system is assembled. The customer is consulted as to the content and presentation of the material to better tailor the course to each specific audience. Motorola offers System Administrator and User training on all of its systems and application software. Motorola personnel will run classes to"Train the Trainers." 9. Acceptance Testing 9.1. Assign MDC Test Units The City of Elgin will assign at least two MDC units specifically as test units. These units will be installed in a manner, agreed to by both the City of Elgin and Motorola, so that they are easy transportable, configurable, and accessible for demonstration (ATP) and testing purposes. Once the ATP is completed for the Message Switch and Client applications,these units will be utilized for training. 9.2. Message Switch Acceptance Testing 9.3. Conditional Acceptance 9.4. Resolve Punchlist Items 9.5. Final Acceptance Motorola Inc. 26 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work An Acceptance Test Plan(ATP)will be created to accomplish the detailed testing of the functionality of the system components (CAD and LEADS, Premier MDC Message Switch, and Premier MDC Client Software) in this project. The ATP describes the functional components to be tested to achieve system acceptance. Once all MDC computer hardware components and the mobile units are installed and operational for this configuration, these procedures will be used to demonstrate the conformance of the Message Switch to this Statement of Work(SOW). A Representative from Motorola and at least one representative of the City of Elgin will perform each test within the ATP. Upon completion of each portion of the ATP,the City of Elgin's representative observing the tests will sign and date each section representing acceptance of that portion of the ATP. Note:At certain stages of acceptance, the City of Elgin is scheduled to make payments to Motorola or the primary vendor according to the contract between Motorola or the primary vendor and the City of Elgin. The Acceptance Test Plan document also identifies the payment schedule. If any problems are detected during the execution of the ATP, a system deficiency list (punchlist) will be created to document all exceptions to the ATP based upon mutual agreement by the City of Elgin and Motorola. The failure of one test will not necessarily require the entire ATP to be rerun. The interrelationship of a particular test to other features will determine the number of items to be re-tested under the facilities of the ATP. In any event,the re-running of the ATP,or any portion of the ATP, will occur immediately after problem resolution. Upon a satisfactory correction of any and all punchlist items, the City of Elgin will grant"Final Test Acceptance Approval." Motorola Inc. 27 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Change Control Plan The objective of a Change Control Plan is to define a simple yet effective method of managing project changes,which include: • Identifying changes • Investigating the probable impact of changes • Evaluating the benefits and costs of the proposed changes • Making a decision to implement,defer,or deny the change request • Reporting the impact of approved changes on the cost, schedule, and scope of the project Change Orders are used to ensure that all changes to the Agreement (Contract) are properly documented, reviewed, and approved prior to inclusion into the document. Changes to an agreement include,but are not limited to, such items as changes to the equipment ordered, changes in service options,etc. It should be understood that a Change Order is an amendment to the contract if it requires the authorization by the City of Elgin. Any change to be completed during the initial development,before delivery of production system(final user acceptance), may result in a change in the scope, schedule, or costs (or all three) of the project. With this in mind, a fundamental set of rules should be followed when a change order is initiated from any source: • All change orders must be documented, clearly stating the scope of work, responsible parties doing the work, a dollar amount, a schedule impact, and signatures. • All change orders require appropriate authorization before work can commence. • All change orders must be communicated to the people or organizations impacted by the change. • All change orders must conform to the scope of work authorized by the City of Elgin. Once the Statement of Work is approved and signed by authorized representatives of all parties (the City of Elgin and Motorola), a formal Change Control Plan will become effective. A Field Change Request form, as provided in this Statement of Work, must be filled out, mutually agreed to, and executed by both the City of Elgin's authorized Project Manager and Motorola's Field Engineers prior to the initiation of work outlined in any proposed change. All changes made after Final Acceptance will be billable. Each change will be evaluated by all parties and approved by the City of Elgin. Motorola Inc. 28 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. L_ City of Elgin Statement of Work Field Change Request (FCR) Purchaser: Contract No.: Issue Date: Request No.: Request Name: Raised by: (Signed) Reason for Change: Cost Impact: Schedule Impact: Operational Impact: Motorola Inc. 29 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. 1 City of Elgin Statement of Work FCR Signoff Sheet Change Request No. Program Management (PM) Staff Approval City of Elgin Representative: Title: Signature: Date: Motorola: Title: Signature: Date: Motorola Inc. 30 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. City of Elgin Statement of Work Change Order Purchaser: Change Order No. Name: Date: Address: In accordance with the terms and conditions of the Agreement dated 200_, the following changes are approved: Contract Price Adjustments: Original Contract Value $ Previous Change Order amounts#1 through $ This Change Order# $ New Contract Value $ Completion Date Adjustments: Original Completion Date $ Previous Schedule Change#1 through $ This Schedule Change# $ New Completion Date Unless amended above, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the said parties have caused this Agreement to be executed as of the last day and year signed below. Purchaser By: Title: Date: Motorola Inc. By: Title: Date: Motorola Inc. 31 Design and engineering information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola,Inc.,or its designees. Exhibit C Maintenance and Support Agreement Printrak International Incorporated, a Delaware corporation, a Motorola company ("Printrak" or "Seller"), having a place of business at 1250 N. Tustin Avenue, Anaheim, California 92807 and The City of Elgin, Illinois, a municipal corporation ("Customer"), having a place of business at , enter into this Maintenance and Support Agreement ("Agreement"), pursuant to which Customer will purchase and Seller will sell the maintenance and support services as described below and in the attached Exhibits. Seller and Customer may be referred to individually as "party"and collectively as"parties." For good and valuable consideration, the parties agree as follows: Section 1 EXHIBITS The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed below. Exhibit A Description of Covered Products Exhibit B Support Plan Exhibit C Support Plan Options and Pricing Worksheet Section 2 DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. Equipment may include the central processing unit, workstation hardware, and peripheral equipment. "Motorola" means Motorola, Inc., a Delaware corporation. "Motorola Software" means Software that Motorola or Printrak owns. The term includes Product Releases, Standard Releases, and Supplemental Releases. "Non-Motorola Software" means Software that a party other than Motorola or Printrak owns. "Optional Technical Support Services" means fee-based technical support services that are not covered as part of the standard Technical Support Services. "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, Exhibit C. "Printrak"means Printrak International Incorporated, a Motorola company. "Products" means the Equipment and Software provided by Seller. "Releases" means an Update or Upgrade to the Motorola Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is defined as a minor release of Motorola 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 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 major release of Motorola Software that contains product enhancements and improvements, such as new databases, modifications ISD Maintenance and Support Agreement. 1/22/02 rev.final 1 to databases, or new server/requesters. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training, modifications of Software license terms, 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 major release of Motorola 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". "Services" means those maintenance and support services described in the Support Plan, Exhibit B, and provided under this Agreement. "Software" means the Motorola Software and Non-Motorola Software that is furnished with the System or Equipment. "Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola 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. The Start Date is specified in the Support Plan Options and Pricing Worksheet, Exhibit C. "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). "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 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. Section 3 SCOPE AND TERM OF SERVICES 3.1. In accordance with the provisions of this Agreement and in consideration of the payment by Customer of the price for the Services, Seller will provide to Customer the Services in accordance with Customer's selections as indicated in the Support Plan Options and Pricing Worksheet, Exhibit C, and such Services will apply only to the Products described in the Description of Covered Products, Exhibit A. 3.2. Unless the Support Plan Options and Pricing Worksheet, Exhibit C, expressly provides to the contrary, the term of this Agreement is one (1) year, beginning on the Start Date. This Agreement may be terminated by Customer for any reason upon thirty (30) days written notice. In the event of such termination, Customer shall pay and be liable to Printrak on a quantum meruit basis. 3.3. This Agreement covers all copies of the specified Software listed in the Description of Covered Products, Exhibit A, that are licensed by Seller to Customer. If the price for Services is based upon a per unit fee, such price will be calculated on the total number of units of the Software that are licensed to or used by Customer as of the beginning of the annual maintenance and support period. 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.. ISD Maintenance and Support Agreement. 1/22/02 rev.final 2 1 3.4. When Seller performs Services at the location of installed Products, Customer agrees to provide to Seller, at no charge, 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. 3.5. All Customer requests for covered Services will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet, Exhibit C. 3.6. Seller will provide to Customer Technical Support Services and Releases as follows: 3.6.1. Seller will provide unlimited Technical Support Services during the PPM for basic service. Depending upon the Customer's selection as indicated in the Support Plan Options and Pricing Worksheet, Exhibit C, the applicable PPM may be greater than the PPM for basic service. Any non- standard Technical Support Services, or standard Technical Support Services that are performed by Seller outside the contracted PPM, shall be billed at the pre-agreed hourly rates set forth in this Agreement. Direct service for error correction and Technical Support Services will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product, not for training, and will not be used in lieu of training on the covered Products. 3.6.2. Unless the Support Plan Options and Pricing Worksheet, Exhibit C, 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, but Customer shall pay, at such rates and amounts as may be agreed upon, for any installation or other services and any necessary Equipment or third party software provided by Seller in connection with such Supplemental or Standard Release. Any services will be performed in accordance with a mutually agreed schedule. 3.6.3. 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. 3.6.4. 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. 3.7. 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 shall not be responsible for: 3.7.1. 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. 3.7.2. 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. 3.7.3. 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. ISD Maintenance and Support Agreement. 1/22/02 rev.final 3 3.7.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 3.7.5. Accessories, custom or Special Products; modified units; or modified Software. 3.7.6. 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. 3.7.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 3.7.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 3.7.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 3.7.10. 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. 3.7.11. Third-party software unless specifically listed on the Description of Covered Products, Exhibit A. 3.7.12. 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. 3.7.13. Services related to customer's failure to back up its data or failure to use an UPS system to protect against power interruptions. 3.7.14. 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 which are not directly related to an error report. 3.8. The Customer hereby agrees to: 3.8.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 3.8.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per Seller's recommended backup procedures. 3.8.3. 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. 3.8.4. Appoint an employee who is a fully qualified System Administrator who has completed Seller's End-User training and System Administrator training (if available) 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. The System Administrator should also be familiar with the Products and the system platform upon which the Products operate, proficient in the operating system, demonstrate database administration and network capabilities such as updating, adding, and deleting System and user information, and stand alone personal computer ISD Maintenance and Support Agreement. 1/22/02 rev.final 4 and System proficiency. The System Administrator shall follow the reporting error 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 shall 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 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. 3.9. 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 shall become Seller's property. 3.10 Permit and cooperate with Seller so that Seller may periodically conduct audits of Customer's records and operations pertinent to the Services, Products, and usage of application and data base management software. The purpose and scope of such audits are to verify if Seller is providing above- contract Services and, if the Price for Services is based upon a per unit fee, whether it is being correctly calculated on the total number of units in accordance with Section 3.3 above. If the results of any such audit indicate that Price has been understated, Seller may correct the Price and immediately invoice Customer for the difference. Seller will limit the number of audits to no more than one (1) per year except Seller may conduct quarterly audits if a prior audit indicated the Price had been understated. 3.11. If Customer replaces, upgrades, or modifies Equipment that is covered by this Agreement, 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. Section 4. RIGHT TO SUBCONTRACT AND ASSIGN Seller may assign its rights and obligations under this Agreement and may subcontract any portion of Seller's performance called for by this Agreement with Customer's written consent, which shall not be unreasonably withheld. Motorola's prices are predicated on the use of its choice subcontractors without advance notice and approval of (Customer). In the event any additional or different subcontractors are required or requested by (Customer), or in the event (Customer) rejects the use of a particular subcontractor, such rejection must be submitted in writing and be based on just and reasonable cause. Any resultant change in contract price and/or schedule shall be mutually agreed upon. Section 5. PRICING, PAYMENT AND TERMS 5.1 Prices in United States Dollars are shown in the Support Plan Options and Pricing Worksheet, Exhibit C. Unless this exhibit expressly provides to the contrary, the price is payable annually in advance. Seller will provide to Customer an invoice, and Customer will make payments to Seller within twenty (20) days after the date of each invoice. During the term of this Agreement, Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a United States financial institution. 5.2. Overdue invoices will bear simple interest at the rate of nine percent (9%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate. 5.3 If Customer requests, Seller may provide services outside the scope of this Agreement or after the termination or expiration of this Agreement and Customer agrees to pay for those services. These ISD Maintenance and Support Agreement. 1/22/02 rev.final 5 terms and conditions and the prices in effect at the time such services are rendered will apply to those services. 5.4 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 shall reimburse Seller upon receipt of proper documentation of such assessments. Section 6. LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Seller's (including any of its affiliated companies) total liability arising from this Agreement will be limited to the direct damages recoverable under law, but not to exceed the price of the maintenance and support services being provided for one (1) year under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT SELLER(INCLUDING ANY OF ITS AFFILIATED COMPANIES) 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, THE SALE OR USE OF THE SYSTEM, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. Section 7. DEFAULT/TERMINATION 7.1. If Motorola breaches a material obligation under this Agreement (unless Customer or a Force Majeure causes such failure of performance), Customer may consider Motorola to be in default. If Customer asserts a default, it will give Motorola written and detailed notice of the default. Motorola will have thirty(30) days thereafter either to dispute the assertion or provide a written plan to cure the default that is acceptable to Customer. If Motorola provides a cure plan, it will begin implementing the cure plan immediately after receipt of Customer's approval of the plan. 7.2. If Customer breaches a material obligation under this Agreement (unless Motorola or a Force Majeure causes such failure of performance); if Customer breaches a material obligation under the Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to pay any amount when due under this Agreement, indicates that it is unable to pay any amount when due, indicates it is unable to pay its debts generally as they become due, files a voluntary petition under bankruptcy law, or fails to have dismissed within ninety (90) days any involuntary petition under bankruptcy law, Motorola may consider Customer to be in default. If Motorola asserts a default, it will give Customer written and detailed notice of the default and Customer will have thirty(30)days thereafter to (i) dispute the assertion, (ii) cure any monetary default (including interest), or (iii) provide a written plan to cure the default that is acceptable to Motorola. If Customer provides a cure plan, it will begin implementing the cure plan immediately after receipt of Motorola's approval of the plan. 7.3. If a defaulting party fails to cure the default as provided above in Sections 7.1 or 7.2, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of Section 6 above. 7.4. Upon the expiration or earlier termination of this Agreement, Customer and Seller shall immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the other, including all copies thereof, which the other Party previously provided to it in furtherance of this Agreement except as may be required by law. Confidential Information shall include: (a) proprietary materials and information regarding technical plans; (b) any and all other information, of whatever type ISD Maintenance and Support Agreement. 1/22/02 rev.final 6 and in whatever medium including data, developments,trade secrets and improvements, that is disclosed by Seller to Customer in connection with this Agreement; (c) all geographic information system, address, telephone, or like records and data provided by Customer to Seller in connection with this Agreement that is required by law to be held confidential. Section 8. GENERAL TERMS AND CONDITIONS 8.1. Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile with correct answerback received, and shall be effective upon receipt. Customer: Seller Attn: Attn: Contracts & Compliance Manager 1250 N. Tustin Avenue Anaheim, CA 92807 fax: 714-237-0050 8.2. 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. 8.3. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 8.4. Customer may not assign any of its rights under this Agreement without Motorola's prior consent. 8.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties regarding the covered maintenance and support services and supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. Neither this Agreement nor the Exhibits may not be altered, amended, or modified except by a written agreement signed by authorized representatives of both parties. Customer agrees to reference this Agreement on all purchase orders issued in furtherance of this Agreement. Neither party will be bound by any terms contained in Customer's purchase orders, acknowledgements, or other writings (even if attached to this Agreement). 8.6. This Agreement will be governed by the laws of the United States to the extent that they apply and otherwise by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. Section 9. CERTIFICATION DISCLAIMER Seller specifically disclaims all certifications regarding the manner in which Seller conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by an authorized signatory of Seller. Section 10. COMPLIANCE WITH APPLICABLE LAWS The Parties shall at all times comply with all applicable regulations, licenses and orders of their respective countries relating to or in any way affecting this Agreement and the performance by the Parties of this Agreement. Each Party, at its own expense, shall obtain any approval or permit required in the performance of its obligations. Neither Seller nor any of its employees is an agent or representative of Customer ISD Maintenance and Support Agreement. 1/22/02 rev.final 7 SYSTEM AGREEMENT K. REPRESENTATIONS AND COMMITMENTS. Seller is not making, and Customer is not relying upon, any representations or commitments except for those expressed in this Agreement. L. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois and venue of any action relative to this Agreement will be in Kane County, Illinois. M. NOTICES: Notices authorized or required under this Agreement must be in writing and sent to the below addresses: Customer Ed / Printrak International Inc.. Attn: p� b Attn: /.s-/ c--' / Contract and Compliance Manager /9 ;H z L (r, 0 1 6000 Spine Road Boulder, CO 80301 N. SURVIVAL OF TERMS. The following provisions shall survive the expiration or termination of this Agreement for any reason: Section 1A(concerning Software licensing); Section 10 (Limitation of Liability); Section 11 (Preservation of Proprietary Rights)and Section 12C (Confidential Information) In witness whereof,the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF: Cost.mer Printrak Int rnation I Inc. By: B ✓°��✓ Name: 0 vgra 0 et-r Name: /,4ViA /(����(��'► Title: 14-0--Y-/Nt1 C, Date: cn.:3 =-'f/'i c-7-00 Dt Contract No.02-16039/DN MAINTENANCE AND SUPPORT AGREEMENT NO. Exhibit B SUPPORT PLAN This Support Plan is a Statement of Work that provides a description of the support to be performed. 1. Services Provided. The Services provided are based on the Severity Levels as defined herein. Each Severity Level defines the actions that will be taken by Seller for Response Time, Target Resolution Time, and Resolution Procedure for reported errors. Response Times for Severity Levels 1 and 2 are based upon voice contact by Customer, as opposed to written contact by facsimile or letter. Resolution Procedures are based upon Seller's procedures for Service as described below. g 31r 7x N�� DE NITION ° " a �� R O S.I:tTIM TA.GE 1 Total System Failure-occurs when the System is not Telephone conference Resolve within 24 functioning and there is no workaround; such as a Central within 1 hour of initial hours of initial Server is down or when the workflow of an entire agency voice notification notification is not functioning. 2 Critical Failure-Critical process failure occurs when a Telephone conference Resolve within 7 crucial element in the System is not functioning that does within 3 standard standard business not prohibit continuance of basic operations and there is business hours of initial days of initial usually no suitable work-around. Note that this may not be voice notification notification applicable to intermittent problems. 3 Non-Critical Failure-Non-Critical part or component failure Telephone conference Resolve in next occurs when a System component is not functioning, but the within 6 standard Supplemental System is still useable for its intended purpose,or there is a business hours of initial Release within 180 reasonable workaround. notification days following verification 4 Inconvenience-An inconvenience occurs when System Telephone conference Resolve in a future causes a minor disruption in the way tasks are performed within 2 standard Supplemental but does not stop workflow. business days of initial Release notification 5 Customer request for an enhancement to System Seller's Product If accepted,a release functionality is submitted to Seller's Product Management Management response date will be provided for review. within 120 standard with a fee schedule, business days. when appropriate. 1.1 Reporting a Problem.Customer shall assign an initial Severity Level for each error reported,either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Seller's call intake center. Seller will notify the Customer if Seller makes any changes in Severity Level (up or down)of any Customer-reported problem. 1.2 Seller Response. Seller will use best efforts to provide Customer with a resolution within the appropriate Target Resolution Time and in accordance with the assigned error Severity Level when Customer allows timely access to System and Seller diagnostics indicate that the error is present in the Software. Severity level Target Resolution Times may not apply if an error cannot be reproduced on a regular basis on either Seller's or Customer's Systems. Should Customer report an error that Seller cannot reproduce, Seller may enable a detail error capture/logging process to monitor the System. Should Seller determine that it is unable to correct such reported error within the specified Target Resolution Time, Seller will escalate its procedure and assign such personnel or designee to correct such error promptly. Should Seller, in its sole discretion, determine that such error is not present in its release, Seller will verify: (a) the Software operates in conformity to the System Specifications, (b)the Software is being used in a manner for which it was intended or designed, or (c)the Software is used only with approved hardware or software. The Target Resolution Time shall not commence until such time as the verification procedures are completed. 1.3 Error Correction Status Report. Seller will provide verbal status reports on Severity Level 1 and 2 errors. Written status reports on outstanding errors will be provided to System Administrator on a monthly basis. 2. Customer Responsibility. 2.1 Customer is responsible for running any Anti-Virus software installed by Seller as part of its System. Support Plan Exhibit B Page 1 v i irn.o„ an,i 2.2 Operating System("OS")Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller to verify that a given OS upgrade is appropriate. 3. Seller Responsibility. 3.1 Anti-virus software. At Customer's request,Seller will make every reasonable effort to test and verify specific anti- virus,anti-worm, or anti-hacker patches against a replication of Customer's application. Seller will respond to any reported problem as an escalated support call. 3.2 Customer Notifications. Seller shall provide access to (a)Field Changes; (b)Customer Alert Bulletins;and (c) hardware and firmware updates,as released. 3.3 Account Reviews. Seller shall provide annual account reviews to include(a)service history of site; (b)downtime analysis; and (c)service trend analysis. 3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or assistance for Updates. 3.5 Software Release Compatibility. At Customer's request, Seller will provide: (a) current list of compatible hardware operating system releases; and(b)a list of Seller's Software Supplemental or Standard Releases 3.6 On-Site Correction. Unless otherwise stated herein, all suspected errors will be investigated and corrected from Seller facilities. Seller shall decide whether on-site correction of any Software error is required and will take appropriate action. 4. Decision Support System ("DSS") Products. (applies to Printrak's PremierCAD Software only). The CAD DSS products are supported on a consultative basis only with annual consultation hours not to exceed eight (8) hours. Any additional consultation shall be invoiced on a time and material basis at Seller's then current rates for professional services. 5. Incident Based Reporting ("IBR") Compliance. (applies to Printrak's RMS lnfotrak'MSoftware only) Unless otherwise stated herein, IBR Compliance on Seller's RMS InfotrakTM is not part of the covered Services. 6. Annual System Performance Review and Report. (applies to Printrak's PremierCAD software only)Seller will prepare the following reports,to include: (a)System Analysis MEASURE: Evaluate disk and CPU load PEEK: Evaluate memory availability and use VIEWSYS: Evaluate use and availability of PCBs EMSA/TMDS: Review logs for hardware reports File Sizing: Review file sizing on changeable files (b)Pathway Analysis Evaluate effectiveness of system configuration for current load. Evaluate TCP/Server statistics. Evaluate efficiency of server class maximum and minimum settings. (c)Performance Analysis TMX Timings: Evaluate application response times Based on the Annual System Performance Review and Reports,Seller's Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. (The below listed terms are applicable only when the Maintenance and Support Agreement includes(a)Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and Support Agreement; or (b) CAD Compaq Himalaya hardware in addition to the Seller CAD Software.) 7. On-site Product Technical Support Services. Seller shall furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. 7.1 Seller Response. Seller will provide telephone and on-site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet. 7.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM,Seller shall extend a two(2)hour grace period beyond PPM at no charge. Following this grace period, any additional on-site labor support shall be invoiced on a time and material basis at Seller's then current rates for professional services. Support Plan Exhibit B Page 2 uvrc),,, Finn' 7.3 CAD COMPAQ HIMALAYA SERVICE PLANS (a) High Availability Plan. Under the High Availability Plan,the PPM is 24 hours per day, 7 days per week with coverage on national holidays for corrective service only. Compaq will normally schedule a Support Engineer(SE)for arrival on-site within four(4)hours. (b) The High Availability Plan includes the following features at no additional charge: • No Fault extends service for repair of damage to Compaq Himalaya hardware for certain causes other than ordinary use. These include(and are not limited to): Customer spilling substances or objects in or onto hardware; Customer operational error; Customer errors in hardware configuration;Customer improperly attaching or using non- Seller supplied equipment or parts; interruption of communication lines;fluctuations or failure of electrical current except where the fluctuation or failure is caused by lightning or other natural causes. Either party upon thirty(30) days prior written notice may cancel this feature. • Call Reserve provides up to three(3)Compaq Himalaya hardware related service calls per System per contract year,for up to 4 hours each,to be used at Customer's discretion. Certain custom services are excluded. The service calls may be used consecutively for longer on-site assistance. • Ready Review provides a publication called"Guide to Business Recovery Planning"and an annual consultation with Customer to discuss disaster preparedness. (c) Enhanced Plan. Under the Enhanced Plan,the PPM is 8:00 a.m.to 5:00 p.m. (local time)Monday through Friday,excluding national holidays. Compaq will normally schedule a Support Engineer(SE)for arrival on-site within eight(8)PPM hours. (d) GENERAL PROVISIONS. At any time during the initial warranty period of any item of Compaq Himalaya hardware,warranty service may be enhanced to the level of any Service Plan at the charges available from Seller. If a corrective maintenance request is determined by Seller to be unrelated to an item of maintained Compaq Himalaya hardware, Customer may be invoiced on a time and material basis at Seller's then current rates for professional services. (e) Under all CAD COMPAQ HIMALAYA hardware service plans, coverage will include: • Perform corrective or scheduled preventive service during the PPM specified in the Plan. • Log all service requests and furnish telephone and/or on-line diagnostic services from the Seller's call intake center or the Compaq Nonstop Support Center(CTNSC)24 hours per day, 7 days per week. Furnish all labor, parts, materials, and on-site service during the PPM as necessary to ensure Compaq Himalaya 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 Compaq. • Install any mandatory Field Change Order(s)required for the safety or proper operation of maintained Compaq Himalaya hardware. • Assign a Compaq Customer Engineer and an alternate who will be responsible for providing service. • Provide on an annual basis(i)equipment inventory of maintained Compaq Himalaya hardware; and(ii)planning meeting to discuss the current Service Plans and Customer's future requirements. Support Plan Exhibit B Page 3 run-).o„ r �i Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement# Date of Agreement CUSTOMER: BILLING AGENCY: Address(1): Address(1): Address(2): Address(2): CITY,STATE,ZIP CODE: CITY,STATE,ZIP CODE: CONTACT NAME: CONTACT NAME: CONTACT TITLE CONTACT TITLE TELEPHONE: TELEPHONE: FAX: FAX: Email: Email: For support on products below,please contact Printrak's Customer Support at(800)734-6241 or email at support@printrak.com. ❑ AFIS System ❑ DeskScanTM Station ❑ LiveScan.""Station 0 OmnitrakT*'System ❑ Mugshot Instantlmagen, ❑ PremierCADT"" ❑ CAD Compaq Himalaya hardware ❑ RMS InfotrakT"" ❑ ImagetrakTM ❑ OffendertrakT"" ❑ Customer Service Request System ❑ Case Management System ❑ License Permitting System ❑ Custom Software ❑ Enhancements to Products For support on products below,please contact Motorola at(800)323-9949(press 2)to request support. ❑ Premier Message Switch ❑ AirMobileT'" 0 TX Messenger ❑ Premier MDC Reporting ❑ Premier 2Way O Premier MDC Client Cl Premier Handheld SOFTWARE SUPPORT ANNUAL FEE HARDWARE SUPPORT ANNUAL FEE O GOLD/Printrak GOLDtrak $ Cl Printrak GOLDtrak $ • 24 hours a day,7 days a week PPM • 24 hours a day,7 days a week PPM • Supplemental Releases • 8 Hour on-site response • Standard Releases • Labor,parts,on-site service • Technical Support Services ❑ SILVER/Printrak SILVERtrak $ ❑ Printrak SILVERtrak $ • 8 a.m.-5 p.m.Monday-Friday • 8 a.m.-5 p.m.Monday-Friday • Supplemental Releases • Next-day on-site response • Standard Releases • Labor,parts,on-site service • Technical Support Services ❑ BRONZE/Printrak BRONZEtrak $ 0 Compaq Himalaya Premier 24 HIGH $ • 8 a.m.-5 p.m. Monday-Friday • 24 hours a day,7 days a week PPM • Supplemental Releases • 4 Hour on-site response • Standard Releases • Compaq Tandem Operating system and application • Telephone support on per event fee basis ❑ Compaq Himalaya Base 9 ENHANCED $ • 8 a.m.-5 p.m.Monday-Friday PPM • 8 Hour on-site response • Compaq Tandem Operating system and application SOFTWARE SUPPORT TOTAL $ HARDWARE SUPPORT TOTAL $ OTHER AVAILABLE OPTIONS ANNUAL FEE ❑ Printrak Users Conference Attendance Year Number Attendees $ ($2,650 per Attendee) Requested ❑ Consulting Services-8 Hour Blocks(plus travel fees) $ ❑ Other. $ OTHER OPTIONS TOTAL $ FULL TERM FEE GRAND TOTAL* $ *Exclusive of taxes if applicable Support Plan Options and Pricing Worksheet Exhibit C vvrn, ,, e,..i Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. SA CUSTOMER: The following table lists the Products under maintenance coverage: Product Description Version Qty Exhibit A Description of Covered Products I/mil/ro., finr.l PRINTRAK, A MOTOROLA COMPANY SYSTEM AGREEMENT, EXHIBIT C-3 STATEMENT OF WORK FOR THE CITY OF ELGIN CAD PROJECT PROPOSAL NO. 00-0110-04 l Exhibit C,Statement of Work City of Elgin System Agreement TABLE OF CONTENTS Task 1 : Project Kickoff 3 Task 1-A: Finalize Hardware Requirements and Conduct Site Survey/Preparation 5 Task 1-B: Develop Project Schedule 6 Task 2: Conduct CAD Pre-configuration Workshop 7 Task 3: GeoFile Build Workshop 8 Task 2 : CAD Hardware Configuration and Base Software Installation 9 Task 3 : Install CAD Equipment On-site 10 Task 4 : PREMIER CAD Configuration Training 13 Task 5 : PREMIER CAD Subsystem Interfaces 14 Task 6 : PREMIER CAD Ancillary System Installation 15 Task 7 : Deliver PREMIER CAD Documentation 16 Task 8 : PREMIER CAD Functional Testing 16 Task 9 : Final PREMIER CAD Equipment Installation 17 Task 10 : PREMIER CAD Subsystem Integration Testing 18 Task 11 : PREMIER CAD Technical/User Training and Documentation 19 Task 12 : PREMIER CAD Production Cutover 19 Task 13 : PREMIER CAD Subsystem Reliability Testing 20 Task 14 CAD Final Acceptance 20 Exhibit C-3 SOW Page C-1 Draft May 30 2001 g Y , 1 Exhibit C,Statement of Work City of Elgin System Agreement STATEMENT OF WORK General Information: The following Statement of Work(SOW)defines the principal activities and responsibilities of all parties for the implementation of a Computer Aided Dispatch System to support the City of Elgin(hereinafter "Customer")law enforcement operations. The system will be composed of the following primary software components,with the installed software being the latest software release that is available at the time of installation of the base application to the server housing the application: Computer Aided Dispatch Subsystem(PREMIER CAD,v 6.3)—Police And the following interfaces: CAD/Mobile PIMS Alerts System Interface CAD—E911 Interface WWVB Synchronization Interface Zetron Model 6/26 Interface(equivalent to the basic features of Zetron Model 25) Paging Systems Interfaces(2) 800 System Interface Sunpro FRMS System Interface (Unless otherwise indicated from the context in which it is used,the word"system"will be used herein to refer to the compilation of the foregoing subsystems,interfaces and ancillary systems). Deviations of this SOW will be discussed and mutually agreed to by the Printrak and Customer project managers. This Statement of Work is contingent upon both Printrak and the Customer fulfilling their respective responsibilities as defined in the Agreement and within this document. Format: Each task includes the following: Title,Objective,Task Description,Responsibilities and Completion Criteria.The tasks are depicted on the Project Schedule.All parties recognize that the SOW is not formatted chronologically with contractual obligations defaulting to the Project Schedule,unless otherwise noted. Exhibit C-3,SOW Page C-2 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Task 1: Project Kickoff Objective: Establish project schedules and procedures. Task Description: The project will be initiated with a Project Kickoff including all key Customer, and Printrak project participants. The objectives of this first multi-day task are: To introduce all.project participants; Review roles of key participants; Establish a clear chain of communication and authority, Establish a project action item log process; Review overall project scope and objectives; Review resource and scheduling requirements; Review and collect API data; Finalize Hardware Requirements and conduct site survey/preparation(Task 1-A); Review preliminary project schedule with Customer. Implementation project schedule developed in Task 1-B; (May include Task 2—CAD Pre-Configuration) (May include Task 3—Geofile Build Workshop) Responsibilities: Printrak will: Designate a Project Manager who will direct Printrak's efforts and serve as the primary point of contact for the Customer. The responsibilities of the Printrak Project Manager include: a. Maintain project communications with the Customer's Project Manager. b. Manage the efforts of Printrak staff and coordinate Printrak activities with the Customer's project team members. c. Measure,evaluate and report the progress against the Project Schedule(to be developed and maintained in MS Project 2000). d. Resolve deviations from the Project Schedule. e. Monitor the project to ensure that support resources are available as scheduled and as identified in the contract. f. Coordinate and oversee the installation of all licensed Printrak application software. g. Review and administer change control procedures through the Customer's Project Manager, commonly referenced as a"Project Change Request"(PCR),issued by the Printrak Project ExhibitC-3,SOW Page C-3 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Manager. h. Conduct status meetings via telephone or email with the Customer's Project Manager on a monthly basis,or as may otherwise be reasonably required to discuss project status. Printrak will schedule status meetings to occur on-site every other month. i. Provide timely responses to issues related to project progress raised by the Customer's Project Manager. j. Prepare and submit a monthly status report that identifies the activities of the previous month,as well as activities planned for the current month,including an updated Project Schedule. k. Work with Customer personnel in designing and approving of the format of an action item log to be used in conjunction with the Project Schedule. The purpose of the log is to identify outstanding issues,provide continual status updates on specific tasks and to identify responsibilities of the parties. Customer will: Designate a Project Manager whose responsibilities include: a. Maintain project communications with Printrak's Project Manager. b. Identify the efforts required of City staff to meet the City's task requirements and milestones in the Statement of Work and Project Schedule. c. Review the preliminary Project Schedule with Printrak's Project Manager and assist Printrak in developing a detailed Project Schedule defining the detailed tasks and a schedule of Printrak and • City responsibilities. d. Measure and evaluate progress against the Project Schedule. e. Monitor the project to insure that support resources are available as scheduled. f. Attend status meetings with Printrak's Project Manager. g. Provide timely responses to issues related to project progress raised by Printrak's Project Manager. h. Liaison and coordinate with other City agencies,other governmental agencies and the City's vendors,contractors and common carriers. i. Review and administer change control procedures,hardware and software certification,and all related project tasks required to maintain the implementation schedule. j. Approve and release payments in a timely manner. k. Ensure that all appropriate City personnel attend and actively participate in the Project Kickoff Session. 1. Assign one or more personnel who will work with Printrak staff as needed for the duration of the ExhibitC-3,SOW Page C-4 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement project, including at least one system administrator,one database administrator and a representative from the fire department. m. Ensure acceptable Standard Change Request and Approval Letter(s)are approved by authorized signature(s). n. Work with Printrak personnel in designing and approving of the format of an action item log to be used in conjunction with the project schedule.The purpose of the log is to identify outstanding issues,provide continual status updates on specific tasks and to identify responsibilities of the parties. o. Provide building access to Printrak personnel to all facilities where the system is to be installed during the project. Temporary identification cards should be issued to Printrak personnel if required for access to City facilities. Access must be available 24 hours a day during the course of this project. p. Provide any required parking permits to Printrak personnel for restricted access entry and/or parking. q. As applicable to Printrak's installation,assume responsibility for all fees for licenses and inspections and for any delays associated with inspections subsesquent to the required permits. r. Provide contact names and telephone numbers for the appropriate fire inspection and building inspection agencies. s. Provide reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service. Ensure a safe work environment for Printrak personnel. If problems are encountered with hazardous materials,Printrak will immediately halt work and the City will be responsible for the abatement of the problem or Printrak and the City will jointly come to a mutual agreement on an alternative solution. Printrak will be excused from timely performance of its obligations pending such resolution. Completion Criteria: This task is considered complete when the Project Kickoff Session has been held with Printrak representatives in attendance. Task 1-A: Finalize Hardware Requirements and Conduct Site Survey/Preparation Objective: Validate and finalize the Customer's hardware and third-party software requirements. Task Description: Printrak will re-evaluate the contracted hardware configuration for accuracy and completeness.This validation step will also include verification of hardware,operating system software,and third-party software. Responsibilities: Exhibit C-3,SOW Page C-5 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Printrak will: a. Verify with Customer personnel,the Printrak recommended computer processor(s), operating system software,third-party software,all associated workstations,printers,communications and related components. b. Prepare a final hardware and operating system software deliverables list(if required),thus amending Project Deliverables,as appropriate. c. Review the Customer's existing communications environment to ensure compatibility with the equipment and subsystems proposed,and make recommendations as applicable to meeting these requirements. d. Pre-plan installation activities with Customer. Customer will: a. Provide,upon request,information on existing hardware and operating system software components and terminal networks,as well as projected utilization statistics and other information as is reasonably required to validate final hardware requirements. b. Review the final hardware and operating system software configuration with the Printrak project team. c. Review Printrak's recommendations regarding any existing communications networks and workstations and make agreed upon modifications to ensure compatibility with the equipment and system to be installed. Completion Criteria: This task is considered complete when: 1. The final hardware and operating system software configuration is complete. Task 1-B: Develop Project Schedule Objective: Establish the Project Schedule. Task Description: The objective of this task is to finalize the preliminary Project Schedule contained in the initial contract based upon the requirements identified and the associated project objectives,plans, schedules,approvals, priorities and inter-dependencies among tasks.The Project Schedule will be finalized and mutually agreed upon between the parties within thirty(30)days of the Project Kickoff Meeting. The resulting document defines the specific project tasks to be completed,documents the final Project Schedule for each subsystem to be implemented. Printrak will: Exhibit C-3,SOW Page C-6 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement a. Review with Customer personnel the identified implementation tasks,priorities,inter- dependencies and other requirements needed to establish the final Project Schedule. b. Prepare the final Project Schedule document and deliver it to the Customer within thirty(30)days of the Project Kickoff Meeting. c. Review the Project Schedule with Customer personnel and make changes and/or corrections that are mutually agreed upon. d. Assume accountability for all contractor and subcontractor supplied tasks within the Project Schedule. Customer will: a. Analyze with Printrak project personnel the identified requirements and make such implementation decisions as are reasonably required to finalize the Project Schedule. b. Review the final Project Schedule and identify in writing any specific deficiencies found within ten(10)business days of receipt. Completion Criteria: This task is considered complete upon mutual agreement of the parties to implement in accordance with the final project schedule that has been developed within thirty(30)days of the Project Kickoff Meeting. This final project schedule will become the governing project schedule incorporated into the contract,but is subject to change upon mutual agreement of the parties. Task 2: Conduct CAD Pre-configuration Workshop Objective: Provides an overview of the various CAD database files and the requirements for gathering the data to build these files. Task Description: Printrak will meet with Customer personnel to provide tear sheets and information on the data elements that must be collected by the Customer prior to conducting the CAD Configuration Training. Printrak will show Customer personnel the configuration options available. Printrak will: a. Conduct a functional overview including a live demonstration of CAD system functionality. b. Review with Customer personnel the specific Premier CAD application functionality and database files for which information must be collected to configure the system. c. Describe/demonstrate certain functionality that can be parameterized to meet the Customer's operations and assist Customer personnel with making appropriate configuration decisions. Exhibit C-3,SOW Page C-7 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Customer will: a. Assign dispatch personnel to attend the pre-configuration workshop. b. Identify the Customer's CAD system administrator and assign him/her to attend the pre- configuration workshop. Completion Criteria: This task is considered complete when Printrak has identified to the Customer the configurable options for the Premier CAD application. Task 3:GeoFile Build Workshop Objective: To initiate the development of a final Geofile Project Plan for use by PREMIER CAD, utilizing the existing GIS base sources for the Customer. Task Description: The workshop will enable Printrak to review and collect existing GIS data,digital street files,and others map sources to be used for the creation of the geofile.Printrak mapping personnel will facilitate this one- day workshop on-site. The map sources and ensuing database to be created will consist of the City of Elgin. Printrak will coordinate a Boundary Collection Workshop to gather service boundary information after the Geofile/GGM Project Plan has been developed and the Customer delivers source maps to Printrak mapping personnel. The Geofile Statement of Work,contained in Exhibit C-4 is incorporated herein by reference. Responsibilities: Printrak will: a. Conduct a one-day on-site source evaluation to evaluate source data and source maps. b. After assessing the data,source maps,and issues discussed during Kick-off,a Geofile Project Plan will be created. The Geofile Project Plan outlines the build approach and will be submitted to Customer for review. c. Discuss and resolve all outstanding issues related to the final Geofile Project Plan within five business days of receipt of any changes requested by Customer. Customer will: a. Supply Printrak with existing GIS,digital,and/or other source mapping data. b. Appoint a geofile system administrator to be the single point of contact with Printrak to resolve all geofile issues and appoint a backup geofile coordinator to receive training. Exhibit C-3,SOW Page C-8 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement c. Ensure that all necessary GIS resources are made available to Printrak. d. Carefully review the final Geofile Project Plan with Printrak personnel and provide any requested changes within five business days of the delivery of the plan. Completion Criteria: This task is considered complete once the Customer and Printrak have reviewed and finalized the Geofile Project Plan. Task 2: CAD Hardware Configuration and Base Software Installation Objective: Order,receive,install and test all principal hardware components, load third party software,install base CAD application at Printrak facility. Task Description: During this phase,Printrak will order the contracted hardware components. The CAD server will be shipped to Printrak where the CAD software will be installed.All applicable baseline PREMIER CAD application software,as well as equipment vendor's operating system software,necessary for this phase of the project to be completed,will be loaded on the server equipment. Printrak will order the contracted workstations,which are first shipped to Printrak where Printrak's CAD workstation software will be installed. The CAD workstation software will be the latest available release of Premier CAD software and will not include interfaces. Responsibilities: Printrak will: a. Provide the Customer with an inventory list, including serial numbers,of equipment ordered by and delivered to Printrak. The inventory list will be provided when the items are delivered to the Customer. b. Install the computer hardware,operating system software and application software at Printrak. c. Assume responsibility for all Printrak server software installation and testing by Printrak. d. Assist the Customer with coordinating the installation of software on any Customer-owned hardware that will be used to load baseline software(i.e.,existing servers,laptops,etc.). e. Acquire contracted hardware and software. f. Install the required equipment vendor operating system software on the servers and associated equipment. g. Install the baseline PREMIER CAD licensed software within this configuration. h. Test the initial operation of the baseline PREMIER CAD subsystem. ExhibitC-3,SOW Page C-9 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement i. Provide written certification of successful installation. Customer will: a. Ship Customer-provided hardware components to Printrak's facility,if applicable. b. Be available to address and answer questions that arise during the installation of the baseline PREMIER CAD application software. Completion Criteria: This task is considered complete when the computer processors,Printrak software,and third party software have been installed at Printrak and the related hardware has been certified by Printrak to be operational to specification. Task 3: Install CAD Equipment On-site Objective: Transfer all PREMIER CAD computer equipment and software to the Customer's facilities. Task Description: All contracted hardware and software will be delivered to the Customer's facilities. Any additional CAD hardware and software components included as a contract deliverable will be ordered and delivered at this time. Once on-site,the CAD servers will be installed in the computer room and the Customer will inspect the servers for acceptance. The CAD training workstations will be installed and connected to the CAD server to test CAD on the LAN,facilitate base software certification,and to provide a training area. Responsibilities: Printrak will: a. Assume responsibility for the transportation and final site installation of the contracted CAD hardware and operating system software configuration. b. Deliver the contracted equipment to the Customer's designated location,with installation of deliverable central computer hardware, and workstations,printers,modems,and communications equipment(if applicable,and related to the CAD server or other Printrak-provided server hardware). c. Order any remaining Printrak-supplied CAD equipment necessary for the next phases of application software testing,with installation in the Customer's designated location. d. Install and test,with the Customer's assistance,the remaining Printrak-supplied equipment. e. Provide the Customer with the training necessary to equip Customer personnel with the ability to install the PREMIER CAD workstation software on any workstations not provided by Printrak. Exhibit C-3,SOW Page C-10 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Customer will: a. Provide a site adequate for the installation,operation and maintenance of all computer server(s), equipment cabinets and/or racks,workstation(s)and related peripheral equipment. The space provided for the equipment cabinet will be adjacent to and in line with the computer equipment cabinets. Space will be provided in the front and rear(minimum 36"in front and rear)of all cabinets to allow room for installation and maintenance of components and wiring. These facilities will be made available at least two(2)weeks prior to the scheduled installation dates to allow for timely installation. b. Provide appropriate power and power distribution units in each equipment room. Power will be generator-backed,auto-switching,with frequency and voltage consistent and stable to within defined limits of the UPS selected. AC power is to be generator-backed,UPS power with minimum two-state EMP protection. Provide all generators and first two-stage EMP protection. c. Provide surge protected AC power strips for each workstation. Provide one standard AC power outlet(grounded)within four cable feet of the monitors and system unit located within each console. Each position should be on a separate breaker to limit the number of positions affected by the loss of a single circuit. Power requirements for the largest three-monitor console position is 1,500 watts,inductive. No more than 3 consoles should share the same circuit to minimize the number of workstations affected by an individual breaker activation. AC power will be generator- backed,UPS power with minimum two-state EMP protection. Provide all generators and first two- stage EMP protection. d. Provide a minimum of one 15-amp grounded AC power outlet in each office space that requires the placement of workstations and/or printers. Each terminal requires 700 watts inductive and each printer requires 500 watts inductive. e. Assume responsibility for any console and/or furniture modifications required for mounting or placement of display terminals,time displays,and other contracted hardware . f. Provide all horizontal and vertial cable runs,pathways,coring,access points, floor cutting or drilling and related tasks related to cable and equipment installation. g. Provide all City-supplied telephone,external interface connection points,electrical power and other receptacles within manufacturer recommended distance of the equipment and all peripheral components. h. Provide dedicated dial-telephone lines in the computer machine room. One line will be provided for connection to the Compaq Fault-Tolerant Server remote maintenance modem. Two lines will be provided for the Printrak dial-up maintenance modem. One of these two will be ordered with Selective Ringing feature for the RMI line for dual use if a Selective Ringing Service is available from the phone company. If Selective Ringing is not available, a total of 3 lines will be provided for the Printrak dial-up maintenance modem. These lines must be independent of any PBX or other premise equipment. These lines must be able to receive inbound calls without overdial. Additional lines for RAS access to the Tandem system console for each Tandem and one other server must be provided i. Provide adequate air conditioning for the operation of the computer equipment and all peripheral ExhibitC-3 SOW Page C-11 Draft May30,2001 S Exhibit C,Statement of Work City of Elgin System Agreement components. Cooling requirements are 6000 Btu/hr for the Compaq Fault-Tolerant Server per cabinet and peripheral equipment. j. Provide and install all data communication lines,modems,hubs and routers,cabling,equipment and other components necessary for system operation and maintenance and for remote sites and connection to other systems.. All lines will be terminated at demarcation points located on the same floor and in the same building as the computer machine room. Communications lines at remote sites will be terminated at extended demarcation points within each facility. These extended demarcation points will be located within six cable feet of the desired location of the remote Printrak equipment. All lines will be clearly identified and tested. k. Provide access to the loading dock at appropriate facilities for the delivery of equipment. Receive and secure storage of equipment shipped to the City. Provide a temporary staging area for the unpacking and assembly of equipment. 1. Identify locations for placement of CAD monitors that do not create any electromagnetic interference. If components receive interference in the identified locations or Printrak components create interference with existing City equipment,the City will determine new locations without interference and reimburse Printrak for any costs associated with relocation of the equipment,or assume responsibility for all costs or modifications to City-selected locations if no alternative locations are available. m. Isolate all radio frequency interference from the computer equipment in the computer machine room and the workstations. n. Provide printer and terminal stands or appropriate furniture for the placement of all terminals/printers that will not be placed on contracted console equipment. o. Provide the E-911 equipment and any other City-provided computer interfaces with connection points at a location convenient to the server equipment. p. Install and verify operation of all locally mounted time source interface equipment, including mounting outside antenna. q. Provide E-911 equipment that can support a digital CAD interface. r. Assume responsibility for any equipment,software or modifications to E-911 and logging recorders to accept synchronized time input data. s. Provide TCP/IP communications and connection to the hub equipment provided in support for any existing networks,workstations and printers that are to have access to the PREMIER CAD applications. t. Provide a programmer work area for Printrak on-site staff in the headquarters facility, located near the computer machine room,but outside the computer machine room and communications center. The are will be equipped with AC power to support four terminal devices and provide work space for a minimum of 2 people. The area must have cable access to the computer and be equipped with a telephone line capable of making voice telephone calls,including long distance. This work area will be available during the course of the project. Exhibit C-3,SOW Page C-12 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement u. Allow remote Printrak access for dial-in access to all development and system"root"accounts on all servers running Printrak licensed software. v. Install and test any remote workstations and communications equipment. w. Install the PREMIER CAD workstation software on any local and remote workstations beyond the number to be installed by Printrak. x. Install all remote terminals,workstations,printers and modems. y. Prevent the installation or loading of any additional third party software applications to the CAD workstations without the prior consent of Printrak. Printrak will not be responsible for support problems caused by the unauthorized installation of third party software not included or required in this proposal. z. Provide access to dumpsters for the removal of trash and shipping containers. aa. Remove old consoles,furniture and equipment. Completion Criteria: This task is considered complete when the PREMIER CAD subsystem is installed on the Customer's premises and verified by the Customer's Project Manager to be operating in accordance with specification standards. Task 4: PREMIER CAD Configuration Training Objective: Instruct Customer personnel on configuration requirements for functional operation of the CAD subsystem. Task Description: Conduct a 6-day training course for designated Customer personnel so Customer personnel acquire the knowledge necessary to enter all the data in the CAD database tables(incident types, status codes,vehicle configuration,etc.),to configure the available parameters to meet the Customer's operational needs of the CAD system(fire run cards,traffic stops,call stacking options,etc.),and to develop status windows for display of desired incident and unit information(pending call queues,active unit display,etc.). Responsibilities: Printrak will: a. Instruct up to six(6)Customer personnel,including the CAD system administrator, on completing the entry of data in the CAD database tables. b. Instruct training participants on the configuration options for system functionality. Exhibit C-3,SOW Page C-13 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement c. Provide training on the development of status windows and monitors for the AWW(Advanced Workstation for Windows)software application. d. Provide phone support for participants of the class after training has been completed. e. Upon notification by the Customer that all configuration has been completed,the assigned Printrak engineer will spot-check select parameters and databases for accuracy and completeness. Customer will: a. Assign appropriate personnel,to include the CAD system administrator and other participants of the CAD Pre-Configuration Workshop,to attend the CAD Configuration training course. b. Complete the entry of all data in the CAD database tables prior to the Train the Trainer course. Completion Criteria: This task is considered complete when Printrak has provided the described training to Customer personnel. Task 5: PREMIER CAD Subsystem Interfaces Objective: Develop,install and test all PREMIER CAD Subsystem Interfaces. Task Description: Once the equipment and software have been installed on the Customer's premises,all remaining local and remote interfaces as specified in the list of deliverables in the contract documents will be developed, installed and tested. Responsibilities: Printrak will: a. Design,develop,transfer,install,and unit test all software required for the PREMIER CAD subsystem interfaces described in the Component and Price Exhibit,resulting in their operating in accordance with the Functional System Description,Change List and/or interface control documents. b. Identify all required information on record layouts and documents necessary to establish interfaces with all local and remote systems and facilities days prior to installation. Customer will: a. Provide requested information on record layouts and documents necessary to establish interfaces with all local and remote systems and facilities at least thirty(30)days prior to scheduled interface work. b. Provide and install all communications lines and equipment that are not Printrak provided Exhibit C-3,SOW Page C-14 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement deliverables. c. Ensure that necessary certifications,approvals and other related issues will be completed by the Customer at least thirty(30)calendar days prior to scheduled interface work. d. Provide all required liaison support with the agencies and vendors required to support the interfaces. e. Ensure that the necessary technical support is made available for installation,testing and demonstration of the interfaces. Completion Criteria: This task is considered complete when each interface is installed and unit tested. The operation or availability of the external system or third-party software is necessary for task completion. Task 6: PREMIER CAD Ancillary System Installation Objective: Install, configure and demonstrate PREMIER CAD ancillary systems. Task Description: After PREMIER CAD has been successfully installed and is being prepared for the functional test phase, all remaining ancillary systems will be installed(depending upon the final Project Schedule,one or more of these systems may be installed at an earlier date). These ancillary systems include,according to the contract deliverables: UDT DSS OpenQuery Responsibilities: Printrak will: a. Provide the software and services to install Printrak and third-party licensed software. b. Configure the ancillary systems as applicable,according to Exhibit C-2 Components and Pricing and the Change List Document, as applicable. c. Interface the ancillary systems to the system network,according to the network configuration. Customer will: a. Provide the required computer and network equipment not specifically identified as Printrak deliverables. b. Work with Printrak to verify the operation of the ancillary systems. Completion Criteria: Exhibit C-3,SOW Page C-15 Draft May 30,2001 Exhibit C, Statement of Work City of Elgin System Agreement This task is considered complete when all ancillary systems are operational and operating to specification. Task 7: Deliver PREMIER CAD Documentation Objective: Deliver the PREMIER CAD Documentation to include training guides,reference guides, configuration guides, system administration manuals and related standard documentation. Task Description: Deliver standard Premier CAD documentation and documentation on completed CAD interfaces. Responsibilities: Printrak will: a. Deliver standard PREMIER CAD guides,manuals and related documents. b. Supplement the interface control document, as required. Customer will: a. Review the PREMIER CAD specification and interface control documents(described above) submitted by Printrak and identify in writing any specific errors and/or omissions found within twenty(20)business days of receipt. Completion Criteria: This task is considered complete upon delivery of the standard PREMIER CAD documentation and interface control documents. Task 8: PREMIER CAD Functional Testing Objective: Perform functional tests of PREMIER CAD. Task Description: Demonstrate the applicable functions and features of PREMIER CAD as defined in Exhibit C-6 Acceptance Test Plan. Responsibilities: Printrak will: a. Perform the functional CAD acceptance test as described in the Acceptance Test Plan. Exhibit C-3,SOW Page C-16 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Customer will: a. Generate production data files needed for functional testing. Completion Criteria: This task is considered complete when PREMIER CAD has been demonstrated to operate in accordance with Exhibit C-6 Acceptance Test Plan. Task 9: Final PREMIER CAD Equipment Installation Objective: Install all remaining cables,modems,hubs,routers,printers,workstations and other equipment required for production operation. Task Description: Prior to PREMIER CAD Subsystem Integration Testing,all remaining computer, communications and related components will be installed. Responsibilities: Printrak will: a. Deliver all remaining Printrak-supplied equipment. b. Install all remaining Printrak-supplied network,cabling and associated equipment. Customer will: a. Provide, configure and install all remaining equipment not provided by Printrak prior to Printrak's arrival for monitoring subsystem integration testing. b. Complete any required console and related modifications. c. Provide and install all network cables not provided by Printrak and verify both network and PC operation. d. Perform any site modifications to allow successful equipment installation e. Provide and install all necessary UPS equipment not provided by Printrak. f. Install and verify the operation of all Customer-installed workstation operating system software. Completion Criteria: This task is complete when the complete PREMIER CAD configuration is tested and validated by Customer personnel. Exhibit C-3,SOW Page C-17 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Task 10: PREMIER CAD Subsystem Integration Testing Objective: Perform integration testing of the PREMIER CAD subsystem and interfaces. Task Description: Demonstrate all internal and external interfaces to ensure that the combined PREMIER CAD subsystem operates as defined in the PREMIER CAD documentation and the interface control documents. Customer staff will conduct the integration testing. Responsibilities: Printrak will: a. Certify the interfaces as ready for integration testing. b. Demonstrate all inter-system communications between installed Printrak systems and between Printrak(if installed)and non-Printrak systems,according to the PREMIER CAD documentation, - and the interface control documents. c. Assist the Customer in testing each interface. d. Review and correct any discrepancies that are identified by the Customer prior to final system acceptance and payment. e. Provide software or documentation corrections as needed to correct the discrepancies prior to PREMIER CAD Final Certification. Customer will: a. Conduct test procedures and verify all inter-system communications between installed Printrak systems(if installed)and non-Printrak systems to ensure conformance with the approved PREMIER CAD documentation,and the interface control documents. b. Identify in writing each discrepancy between subsystem and ancillary system functionality and the PREMIER CAD documentation,and the interface control documents within ten(10)business days. c. Work with Printrak to identify the type of correction needed to ensure that each subsystem and ancillary system conforms to the PREMIER CAD documentation and the interface control documents. Completion Criteria: This task is considered complete when the internal and external interfaces and other Printrak licensed software described in Exhibit C-2 Component and Pricing has been verified operational according to the PREMIER CAD documentation and the interface control documents. In the event the performance of an internal or external interface cannot be demonstrated due to factors beyond Printrak's control,i.e.the availability of connectivity to an external interface,the degree to which the Printrak software or Printrak- provided connectivity is available or provided to support the interface shall be demonstrated and Exhibit C-3,SOW Page C-18 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement considered complete for purposes of recognizing performance or payment milestones. Task 11: PREMIER CAD TechnicallUser Training and Documentation Objective: Conduct PREMIER CAD technical and user training. Task Description: Printrak will conduct their standard training courses to thoroughly train Customer Training personnel on the use of the PREMIER CAD subsystem and Customer Technical personnel on the operation and support of PREMIER CAD subsystem as described in Exhibit C-5 Training. Completion Criteria: This task is considered complete when the scheduled technical and user training on each installed subsystem is completed. Task 12: PREMIER CAD Production Cutover Objective: Place PREMIER CAD into Production Operation. Task Description: After user training and functional and integration testing is complete,Printrak will certify the PREMIER CAD subsystem as operational and ready for production operation and assist the Customer in placing the subsystem into productive use. Printrak personnel will be on site for pre-live cut and post-live cut support. Printrak personnel will also fine-tune the CAD software application for optimal performance. After live cut,the Printrak software warranty period and the 30-day reliability test period will begin. Responsibilities: Printrak will: a. Assist the Customer staff in placing PREMIER CAD into a production status. b. Monitor the initial operation of PREMIER CAD and answer any operational questions raised by the Customer. c. Provide,at a minimum,the services of one(1)technical person and two(2)resource persons for forty-eight(48)hours during three(3)calendar days on-site to monitor the subsystem. The exact hours will be determined by mutual agreement between the Customer and Printrak. Printrak will remain on site if conditions warrant(i.e., severity level 1 system problems). d. Assist the training staff in utilizing the subsystem and the computer operations staff in supporting the subsystem. Exhibit C-3,SOW Page C-19 Draft May 30,2001 Exhibit C,Statement of Work City of Elgin System Agreement Customer will: a. Place the software into production and begin operational use in consultation with Printrak and in accordance with the Project Schedule. Completion Criteria: This task is considered complete when PREMIER CAD is placed into production operation. Task 13: PREMIER CAD Subsystem Reliability Testing Objective: Verifythe level of reliabilityof PREMIER CAD in a production environment. Task Description: PREMIER CAD will demonstrate critical subsystem availability levels that meet or exceed the reliability criteria described in Exhibit C-6 Acceptance Test Plan. Completion Criteria: This task is considered complete after PREMIER CAD has demonstrated critical system availability levels during the test period that meet or exceed the reliability criteria described in Exhibit C-6 Acceptance Test Plan,commencing at the completion of PREMIER CAD Production Cutover. Task 14 CAD Final Acceptance Objective: Certify completion of the CAD subsystem installation. Task Description: Acknowledgement of system acceptance based on the acceptance criteria described in Exhibit C-6 Acceptance Test Plan. Completion Criteria: Task 15This task is considered complete when the system acceptance criterion, as described in Exhibit C-6 Acceptance Test Plan, has been met. Exhibit C-3,SOW Page C-20 Draft May 30,2001