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HomeMy WebLinkAbout05-288 Resolution No.05-288 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola,Inc.for installation of the MotoMesh network in downtown Elgin and at the Highlands Golf Course to provide added video surveillance, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 12, 2005 Adopted: October 12, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Communications System Agreement Motorola, Inc. ("Motorola") and _The City of Elgin_("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "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 takes precedence over the exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order. Exhibit A Motorola"Software License Agreement" Exhibit B "Payment Schedule" Exhibit C "Technical and Implementation Documents" C-1 "System Description" C-2 "Equipment List" C-3 "Statement of Work" C-4 "Acceptance Test Plan" or"ATP" C-5 "Performance Schedule" Exhibit D Reserved Exhibit E "System Acceptance Certificate" Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan. 2.2. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.3. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. 2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.5. "Effective Date" means that date upon which the last Party executes this Agreement. 2.6. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.7. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., 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, and riots). 2.8. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software infringes upon the third party's United States patent or copyright. 2.9. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.10. "Non-Motorola Software" means Software that another party owns. 2.11. "Open Source Software" (also called "freeware" or"shareware") means software that has its underlying source code freely available to evaluate, copy, and modify. 2.12. "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 under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.13. "Software" means the Motorola Software and Non-Motorola Software, in object code format that is furnished with the System or Equipment. 2.14. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.15. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. 2.16. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Technical and Implementation Documents. 2.17. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.18. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. 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 or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within twenty (20) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online ("MOL"), and this Agreement will be the "Underlying Agreement" for those MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at http://www.motorola.com/businessandgovernment/ and the MOL telephone number is (800) 814-0601. 3.5. MAINTENANCE SERVICE. During the Warranty Period, Motorola will provide maintenance services for the Equipment and support for the Motorola Software pursuant to this Agreement. Those services and support are included in the Contract Price. If Customer wishes to purchase additional maintenance and support services for the Equipment during the Warranty Period, or any maintenance and support services for the Equipment after the Warranty Period, I the description of and pricing for the services will be set forth in a separate document_Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those maintenance, support or software subscription services will be Motorola's standard Service Terms and Conditions, together with the appropriate statements of work. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non- Motorola Software. Non-Motorola Software may include Open Source Software. All Open Source Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable efforts to determine whether any Open Source Software will be provided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy of the applicable standard license (or specify where that license may be found); and provide to Customer a copy of the Open Source Software source code if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable). 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit(or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is $72,953.75 If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within twenty (20) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola, Inc. is 36-1115800. 5.3. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title to the Equipment will pass to Customer upon shipment. 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 Customer. Motorola will pack and ship all Equipment in accordance with good commercial practices. 5.4. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: 150 Dexter Court, Attention: MIS Department, Elgin, Illinois 60120- 5555 The city which is the ultimate destination where the Equipment will be delivered to Customer is: Elgin, Illinois The Equipment will be shipped to the Customer at the following address (insert if this information is known): 150 Dexter Court, Attention: MIS Department, Elgin, Illinois 60120-5555 Customer may change this information by giving written notice to Motorola. Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites; and access to the work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola will inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. 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 the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) 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. 8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola 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. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party 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. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 11 DISPUTES 11.1. SETTLEMENT PREFERRED. The Parties, by their project managers, will attempt to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality) through consultation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher-level managers of the Parties, if necessary. If cooperative efforts fail, the dispute will be mediated by a mediator chosen jointly by the Parties within thirty (30) days after notice by one of the Parties demanding non-binding mediation. The Parties will not unreasonably withhold their consents to the selection of a mediator, will share the cost of the mediation equally, may agree to postpone mediation until they have completed some specified but limited discovery about the dispute, and may replace mediation with some other form of non- binding alternative dispute resolution ("ADR"). 11.2. LITIGATION. A Party may submit to a court of competent jurisdiction in the state in which the System is installed any claim relating to intellectual property or a breach of confidentiality provisions and any dispute that cannot be resolved between the Parties through negotiation or mediation within two (2) months after the date of the initial demand for non-binding mediation. Each Party consents to jurisdiction over it by that court. The use of ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two-month ADR period if good faith efforts to resolve the dispute under these procedures have been unsuccessful; or interim relief from the court is necessary to prevent serious and irreparable injury to the Party. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 13.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement. 13.3. PATENT AND COPYRIGHT INFRINGEMENT. 13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on an Infringement Claim, and Motorola will indemnify Customer for those costs and damages finally awarded against Customer for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. 13.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense procure for Customer the right to continue using the Equipment or Motorola Software, replace or modify it so that it becomes non-infringing while providing functionally equivalent performance, or grant Customer a credit for the Equipment or Motorola Software as depreciated and accept its return. The depreciation amount will be calculated based upon generally accepted accounting standards for such Equipment and Motorola Software. 13.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon the combination of the Equipment or Motorola Software with any software, apparatus or device not furnished by Motorola; the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Equipment or Motorola Software; any Equipment that is not Motorola's design or formula; a modification of the Motorola Software by a party other than Motorola; or 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 Motorola with respect to infringement of patents and copyrights by the Equipment, Motorola Software, or any of their parts. Section 14 LIMITATION OF LIABILITY Except for personal injury or death, Motorola'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 price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other with Confidential Information. Each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is 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. 15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. 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. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not 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, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within twenty (20) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Neither Party may assign this Agreement without the prior written consent of the other Party, except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. GOVERNING LAW. This Agreement and the rights and duties of the Parties will be governed by and interpreted in accordance with the laws of the State in which the System is installed. 16.8. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.9. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola, Inc. Customer Attn: Attn: fax: fax: 16.10. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 16.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non- Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. The Parties hereby enter into this Agreement as of the Effective Date. Motorola, Inc. Customer CITY OF ELGIN 041 00 %Mb By: � By: elitA Nam : t13=i • ' Name: ' `,. Title: : i1=� • _ Title: Cit ' Date: 9Fax . Date: Exhibit A Software License Agreement In this Exhibit A. the term "Licensor" means Motorola, Inc., ("Motorola") or Printrak International, |noo,ponated, a Motorola company ("Printrak"); "Licensee," means the Customer; "Primary Agreement" means the agreement to which this exhibit is attached; and "Agreement" means this Exhibit and the applicable terms and conditions contained in the Primary Agreement. The Parties agree as follows: Section 1 SCOPE Licensor will provide to Licensee proprietary software; or radio comnnnunicoUonm, uomnpubar, or other electronic products ("Products") containing embedded or pre-loaded proprietary software; or both. "Software" means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of the software, and may contain one or more items of software owned by a third party supplier ("Third Party Software"). Product and Software documentation that specifies technical and performance features and oapabi|iUea, 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 to Licensee, and Licensee may use, the Software and Documentation. Section 2 GRANT OF LICENSE Subject to Section 1, Licensor hereby grants to Licensee a personal, non-transferable (except as permitted in Section 8 below), |innited, 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 does not grant any rights to source code. If the Software is or includes Integration Framework, Customer Service Request ("CSR"), or Cityworks software, that Software is licensed pursuant to this Agreement plus a separate document entitled "Software License Agreement Rider for Integration Framework, Customer Service Request, or Cityworks Software" (which document is incorporated by this reference and is either attached to this Agreement or will be provided upon Licensee's request). 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 modifx, dieaooemb|e, peel nompononh*, deoompi|e, otherwise reverse engineer or attempt to reverse anQinmer, derive source code, create derivative works from, odopt, tnans|ate, merge with other aoftmone, copy, vepnoduce, dimtribute, 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 archivo|, baok-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 aanbenow. Licensee may temporarily transfer Software installed on one device onto another if the original device is inoperable or malfunctioning, if Licensee provides written notice to Licensor of the temporary transfer and the 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 (^R8S^), if opp|ioab|m. 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 authorized 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. Section 4 OWNERSHIP AND TITLE Title to all copies of Software will not pass to Licensee at any time and remains vested exclusively in the copyright owner. The copyright owner owns and retains all of its proprietary rights in any form concerning the Software and Dmounnenbadon, including all rights in pabento, patent appUoadona, invanUons, oopyhghta, trade oocnoto, tnadanmorke, trade narnms, and other intellectual properties (including any cornecbono, bug fixeo, onhancenmentn, updateo, or modifications to or derivative works from the Software whether made by Licensor or another party, or any improvements that result from Licensor's processes or, if app|ioab|o, providing information services). 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, Pnoducto. DoounnontaUon, or related services remain vested exclusively in Lioenaor, and this Agreement does not grant to Licensee any shared development rights of intellectual property. Section 5 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Licensor's valuable proprietary and Confidential Information and are Licensor's trade secreto, and that the provisions in the Agreement concerning Confidential Information apply. Section 6 LIMITED WARRANTY 6.1. The commencement date and the term of the Software warranty will be as stated in the Primary Agreement, except that the Warranty Period for Printrak's LiveScan software will be 90 days; and for 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 oxpinad, 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 8ofbwmre, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined solely with reference to the Documentation. 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. Warranty claims are described in the Primary Agreement. 6.3. 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. Section 7 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 8 TRANSFERS Licensee will not transfer Software or the related Documentation to any third party without Licensor's prior written consent, which consent may be withheld in Licensor's reasonable discretion and which 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 FLAGHport@ Software) embedded in or furnished for use with those radio Products if Licensee transfers all copies of the 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 and Documentation will begin when this Agreement is mutually executed by both parties and will continue during the life of the Products in which the Software is used, unless Licensee breaches this Agreement in which case it will be terminated immediately upon notice by Licensor. Licensee acknowledges that Licensor has made a considerable investment of resources in the deve|oprnent, nnarkeUng, and distribution of its proprietary Software and Documentation and that reasonable and appropriate limitations on Licensee's use of the Software and Documentation are necessary for Licensor to protect its inveotnmant, trade secrets, and valuable intellectual property rights concerning the Software and Doounnentadon. Licensee also acknowledges that its breach of this Agreement will result in irreparable harm to Licensor for which monetary damages would be inadequate. In the event of a breach of this Agreement and in addition to termination of this Agnaement. Licensor will be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). 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 are described in the Primary Agreement. Section 11 UNITED STATES GOVERNMENT LICENSING PROVISIONS If Licensee is the United States Government or a United States Government agency, then this section also applies. Licensee's use, duplication or disclosure of the Software and Documentation under Licensor's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987). if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, dup|icabon, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights nodce, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. 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 nogu}otiono, 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 Gbabae, in any form export or na-enport, sell or reooU, ship or reohip, or dived, through direct or indirect mnaena, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its o0enciao, at the time of the mct)on, requires an export license or other governmental approval. Violation of this provision will be a material breach of this /\gnemnnant, permitting immediate termination by Licensor. 12.3. 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 Sofbmona, without prior notice to or consent of Licensee. 12.4. GOVERNING LAW. 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 to which the Software or Products are shipped if Licensee is a sovereign government entity, or the laws of the State of Illinois if Licensee is not a sovereign government entity. Exhibit B Payment Schedule The contract price is$72,953.75. Except for the first payment, which is due when the customer executes this Agreement, Customer agrees to make payments to Motorola within thirty (30) days after the date of invoices that will be submitted by Motorola according to the following payment schedule: 25% of the contract value upon award for mobilization 55% of the contract value upon shipment of equipment, items as shipped. 15% of the contract value due upon completion of installation 5% of the contract value due upon final system acceptance. Exhibit C Technical and Implementation Documents C-1 System Description City of Elgin System Overview A Wireless Mesh Broadband(WMB) system kit is being proposed to Elgin as a packaged solution for wireless data users interested in deploying broadband MESH capabilities. The kit includes the basic hardware, software and services needed for a system deployment. It is based on Motorola's MOTOMESH product that provides a solution for 2.4 GHz 802.11 Wi-Fi; 2.4 GHz unlicensed band Mesh Enabled Architecture (MEA) for Public Works; and 4.9 GHz licensed band Mesh Enabled Architecture (MEA) for Public Safety and 4.9 GHz 802.11 for backhaul Some of the benefits of Wireless Mesh Broadband include: • High data rate mobile communication at vehicular speeds,achieving up to 6 Mbps data rates to a single user at vehicle speeds(100 mph/160 km/hr. Effective throughput to a subscriber can peak over 1 Mbps. • Self-forming and self-healing wide-area wireless mesh routing,providing increased network availability and robustness. • Seamless roaming from an ad-hoc network mesh to the infrastructure mesh. • Mobile soft hand-off support(make before break connections delivering seamless mobile networking). • Ad hoc/Peer to Peer networking capability for enhanced on-scene incident management • Infrastructure meshing to create a wide-area wireless broadband backhaul. • Differentiated services using IP QoS settings. • Wireless element management system, including configuration management, statistics reporting,alarms and remote firmware upgrade. • Hardware authentication of wireless networking devices. • Scaleable to support system expansion. Wireless Mesh Broadband Features Mobility at Vehicular Speeds Mobility has become an increasingly important discriminating factor in the broadband access environment. Motorola's WMB network platform is the only available network architecture that can deliver the performance and scalability currently required in a high speed mobile environment. MEA uses Quadrature Division Multiple Access (QDMATM)technology in the ISM II band however, unlike 802.11 technologies which were designed for stationary indoor use; QDMATM is designed to be more robust in high speed mobile environments. QDMATM technology operates at layer two (LLC) allowing interaction with the radio and therefore supports IP connectivity at high speeds up to 100mph, and smooth handoff. Infrastructure Meshing Infrastructure meshing creates a wireless backhaul mesh among wired Access Points and Wireless Routers. This reduces system backhaul costs while increasing network coverage and reliability. This is done by adding to the existing hotspots and creating a digital umbrella over a given area. This area can be increased to cover strategic high-population areas or other areas of interest such as downtown corridors/large scale multi-dwelling areas. Ed- .4,.. . , 1 , , o a a 1:,00 4 27 f • , ),. 0,0 Ot,;(1)1 . . , . ,, $) , s,......: • :,. . r''• - . . stio„...:„. •101' Ili. ,,,,w , -0,----- ir4: N1/4, ,,: — . eit ::: / Figure I-Infrastructure Meshing(Red=Hard Wired Access Point(1411, Yellow=Wireless Routers) Client Meshing Client meshing enables wireless peer-to-peer networks to form between and among client devices (i.e., end users) and does not require any network infrastructure to be present. Network users can form robust broadband connections between themselves since every MEA based device acts as a router/repeater for every other device in the network. This capability enables portable client devices to fill in holes in network coverage or form standalone networks where the network does not exist. This same capability enables the network coverage to be seamlessly extended to reach areas not in the "permanent" coverage area of the deployed infrastructure. DDC *- t3 ryr• C) C3 C 0 0040'77 C3,4-? "or " "*. a a..40*04.1* c 7 pp, 0 C3 C CIO - suo .'4 I DRIVE 774 0". 44100"Wn*' t SAFELY I*I 4, Figure 2-Client Meshing Geo Location -MeshNetworks Positioning System (MPSTM) MPS technology offers position, location and tracking capabilities without the use of GPS Satellites. MPS technology leverages patented position location and determination methods built into the QDMATM radio. Position location information, accurate to within+1- 10 meters, is generated in less than one second at mobility speeds in excess of 100 mph. Since MPS doesn't rely on satellites, it works in both exterior and interior locations where GPS will not. Position location is determined utilizing sophisticated time of flight and triangulation information by using other devices in the network as reference points. Future products are being developed which allow tracking of user personnel in buildings during an incident, such as a fire. As users enter a building, they drop wireless devices that build the network on-the-fly. An on-scene incident commander can track the location of the personnel in the building. Although a standard feature of the technology, the use of this feature must be taken into consideration during the design phase of a network. The equipment contained in the proposal has been provided to support data needs. If the need arises to support Geo Location additional fixed devised (IAPs and WRs) would most likely need to be added as Geo Location is inherent in the MEA protocol. Additional software needs or licenses will not be required with the exception of a Geo fleet management application that would be centrally located. Mesh Scalable Routing (MSR) Motorola's Wireless Mesh Broadband uses a routing algorithm that provides diversity of known routes, without requiring knowledge of all nodes within a geographical area. The algorithm forwards packets along the best route, while maintaining two additional backup routes. The"best"route is chosen by evaluating the link metrics. Backup routes are maintained to support the rapidly changing signal characteristics of mobile nodes. Advantages of MSR include use of special routing metrics to choose the most appropriate routes, reduced route breakage probability and smooth handoff Unidirectional links are proactively detected and avoided in the route discovery process. Peer-to- Peer routes are built on demand. The routing overhead and memory requirements in MSR are low, and comparable to reactive routing protocols. By using the route to an infrastructure node to forward traffic to the peer destination during the route discovery period, the communication initiation latency is low, and comparable to proactive routing protocols. Quality of Service (QoS) The MEA QoS feature provides differentiated service during transmission through the wireless mesh network. Differentiated services based on precedence indicated in the IP header prioritizes traffic on a per-hop basis. MEA devices provide weighted fair queuing of traffic based on IP precedence, with some minimum guaranteed allocation of bandwidth. This does not constitute a service guarantee to any particular service, application or session; however, it provides a method of prioritization when a wireless link is congested. Traffic is classified at each node in the network into several discrete prioritization levels. The packet queuing and channel access QoS mechanisms enable the system to intelligently select packets for transmission in the event there is a queue. Interference Resilience Since the 2.4 GHz 802.11 portion of the MOTOMESH solution resides in the 2.4 GHz unlicensed (ISM) radio frequency band, other products that transmit energy in the same frequency spectrum can potentially provide some measure of interference. One of the most critical factors affecting the performance of wireless communications networks is the ability to operate in proximity to each other on the same frequency bands. MeshNetworks Enabled Architecture (MEATm) systems using Quadrature Division Multiple Access (QDMA®) technology and 802.11b systems can coexist while maintaining high levels of network performance. While an 802.11b/g radio is limited to operating within a given channel,the multi-channel QDMA radio in a MEA network has the option of using any data channel for transmission. Intelligent real-time monitoring of control and data channels allows a QDMA radio to employ Dynamic Channel Allocation(DCA)to select a data channel, or"path", with the least interference. This allows data packets to be sent"around" areas of high congestion and interference. This ability to avoid interference allows a MEAJQDMA network to operate at a high level of performance even under severe conditions. Moreover, by avoiding problematic channel areas,the MEA/QDMA network also mitigates the impact on the collocated 802.11b/g network,hence,maintaining its network performance as well. System Components Motorola's Wireless Mesh Broadband Kit for Elgin includes the following components: • One Mobile Internet Switching Controller (MiSC) with Mesh Manager EZ software with licenses to support up to 50 users • 2 Intelligent Access Points (IAP) • 8 Mobile Wireless Routers (MWR) • 10 Wireless Modem Cards (WMC) and associated antennae • 1 Vehicular Mounted Modem • Deployment Services as described in section 5.0 • 8x5 Warranty Services as described in section 5.4 Optional items available: • Additional Wireless Modem Cards • Vehicular Mounted Modems • 7x24 Warranty Services • Formal Wireless Mesh Broadband training course NOTE: A complete equipment list will be provided as an Exhibit X of the contract. Intelligent Access Point (IAP) X The IAP is a powerful device that acts as the transition point from the wireless network to the wired world. Each IAP provides local network management of wireless •::;:011.iiili routers and client devices. All wireless traffic is routed :or, from subscribers and Mobile Wireless Routers (MWR)to the nearest IAP. The IAP serves as a transceiver passing packets from the wired network to and from the wireless - ''''4;''' ,-1-,4 rtififif`kie" 1 network. The IAP processes traffic to/from Wireless ., ,--/ if,--.:-....F1 Routers, as well as to/from subscribers. Figure 3-Intelligent Access Point mounted on a pole Mobile Wireless Router(WR) The WR is a device that is deployed to provide wireless coverage over large geographic areas. It routes communications between client devices, other MWR's, and IAPs. i It,t A , Figure 4- Wireless Router mounted on a street light Enhanced Wireless Router (EWR) The EWR and WR provide the same wireless service features. Additionally, the EWR provides wireless network access for up to three IP devices via its built-in RJ45 Ethernet port. This makes it easy for any Ethernet ready device to access the Wireless Mesh Broadband network. v • t Figure 5-Enhanced Wireless Router and IP camera mounted on a street light Subscriber Devices MEA subscriber devices can be either Wireless Modem Card's (WMC) or Vehicular Mounted Modems (VMMs). WMC's offers connectivity to the Wireless Mesh Broadband network in a PCMCIA card. VMMs are available for users that require a ruggedized modem with an Ethernet interface,typically installed in a vehicle trunk or under a seat. MEA subscribers can act as wireless routers for other client devices in the network. In addition to providing access to a deployed MEA network, MEA subscribers can instantly form ad hoc, peer-to-peer, broadband networks among them without relying on pre-deployed network infrastructure. f1 `r 6300 • 1 F fi, Figure 6-Subscriber Devices: Wireless Modem Card and Vehicular Mounted Modem Mobile Internet Switching Controller(MiSC) The Mobile Internet Switching Controller(MiSC) consists of networking devices, and software applications that make up the core infrastructure of the Mesh network. The networking devices provide the routing capability of data to the appropriate IAP and client device. The software applications consist of client- server based systems that provide such features as network and infrastructure management capabilities, client and device management, and alarm management.. r.italki !9b 7rdanuces Nn. Tab inti 7+4,44,W Hao _. a +1,;115<X Ci CP -33 3,14 $ C?i C> CD If 4ue " . x Device Manager User Guide* ten,*.. •x►r'.r.***w! Deirr lealrACLTaprIr2rnSecoSyin,,ifpeo[1 Ieatrltt ttongWeVAVrtfksCeNA.: •• tS?.r,4rr.,,..fit • s TWIEbrOYINNIeV tiSie AtspbcAti(NI Layout fliPt-icmoroLtJt-wi,, ,o-(`A30,01t,r(,• .(.Btr f(tang',eri r3 t t kl Pi..eiiii,t it,l tr•.+ =MIN3CtriCoit 1fl a,Q' t}IPE*Itf.A3+earjcacW*+OEl,s IVib0 Oft(to*my,/twwt a i*itt Zittlicin.)? r a*Afa asp AO 7n,tAre[ems, T la Rif IceTrtt*MtdhptrYt[+«trre't,,,,r ,rdaegta*•MMN+-41401g,areDNI wane w<lwma[[feh . xttteCtOriftre4vl9-atr,4I rigtert&at*aia wl+)(0 tqtL*mOkei t MOW in NI hihetiftvrAPPItrw 41 itn a•rvtritivittoriinonoption AsittstikArkli ilth*Saiti r-6* !Oka 4 ft DE C..rr.,a4tctlif nSlitantit ain't*IN tMinL$< arn a CverItcsn $4"c►n, of . ca can Ott'mt.le,,t..-)if.Ie`t mitt ttee wit s 4451'S*dyiugt:rrfrrw till7.iNt"tt9 nn:Y 3tsC•,. canon ®,iu.i ras >ww*)tt 4s C-2 Equipment List Downtown Phase { ....._r __. ..,_�. � ' ....F'...�.,,....., v.• • ,, .,.w««..`3 .�..+..i•� 1 RVN5070A 683 Mesh Manager EZ SW 1 L3346A 683 HP XW4200 Workstation 1 TBD 683 17" CRT Monitor 1 DSJ4900A 683 HP ProCurve 2626A Ethernet Switch 1 L3420A 683 3Com Router 5231 1 DDN7978A 683 3Com Router 5000 Series w/port module IAP 7300-Intelligent Access Point(2 Ethernet Ports) 1 TT1118 683 including: • AC Power Cable(6 ft.) • Ethernet Boots 1 TT04572AA 683 SWK 7023 Enable MEA 4.9 clients 1 TT04571AA 683 SWK 7022 Enable MEA 2.4 clients 4 TT1119 683 MWR 7300-MEA Wireless Router 4 TT04569AA 683 SWK 7051 WR Ethernet port enabled 4 TT04572AA 683 SWK 7023 Enable MEA 4.9 clients 4 TT04571AA 683 SWK 7022 Enable MEA 2.4 clients 10 TT1122 683 WMC7300-4.9GHz PCMCIA Card 1 TT1120 683 VMM7300-4.9 GHz Vehicular Mounted Modem including: • VMM 7300 4.9GHz 8 dBi Antenna • VMM 12 VDC Power Cable Golf Course Phase IAP 7300-Intelligent Access Point(2 Ethernet Ports) 1 TT1118 683 including: • AC Power Cable(6 ft.) • Ethernet Boots 1 TT04572AA 683 SWK 7023 Enable MEA 4.9 Clients 4 TT1119 683 MWR7300-MEA Wireless Router 4 TT04569AA 683 SWK7051 WR Ethernet Port Enabled 4 TT04572AA 683 SWK7023 Enable MEA 4.9 Client 1 MiSC 683 Mesh Manager EZ-based MiSC 2 TT1118 683 IAP 7300-Intelligent Access Point(2 Ethernet Ports) 10 TT04572AA 683 SWK 7023 Enable MEA 4.9 clients 5 TT04571AA 683 SWK 7022 Enable MEA 2.4 clients 8 TT1119 683 MWR 7300-MEA Wireless Router 8 TT04569AA 683 SWK 7051 WR Ethernet port enabled 10 TT1122 683 WMC7300-4.9GHz PCMCIA Card 1 TT1120 683 VMM7300-4.9 GHz Vehicular Mounted Modem C-3 Statement of Work Deployment Services Deployment services for the System include a project manager to oversee all Motorola's subcontractors responsibilities, technical resources for system design and planning, installation resources, system optimization, testing, documentation and warranty services. Motorola's project implementation method includes activities broken out into four phases: • Planning and Design • Ordering and Implementation • Acceptance and Close Out • Warranty Phase Planning and Design The project manager conducts an on-site deployment planning meeting. Before this meeting, Motorola's subcontractor will work with the City of Elgin to secure documentation of the City's network and any drawings/pictures of sites that may be used for system deployment. With this information, the planning meeting will focus on: a. Review of overall deployment activities with the City of Elgin and identify any unique City of Elgin supplied items required to complete deployment. b. Developing an IP network plan to integrate the MotoMesh solution into the City of Elgin's enterprise network, make VLAN recommendations, and verify physical space for the MiSC. c. Review of the City of Elgin's pre-approved mounting locations and assist the City of Elgin in selecting the final mounting locations for WRs and EWRs. d. Make recommendations for power, grounding and Ethernet connectivity to the City of Elgin. At the conclusion of the Planning and Design Phase, Motorola's subcontractor will deliver site construction documentation, including a vertical plan drawing of all mounting structures, electrical and mechanical installation detail drawings. • AC Power(red)is connected via Photocell (Mesh cable)to WR or EWR. i • Ground bonding jumpers(green)— pole is Wireless Router , r bonded to earth ground or a separate ground conductor is used. I • Pole and light arm must be able to handle wind load of all extra devices and municipal codes allow for all these devices (aesthetics). • If a photocell connection is not available, power may be connected via the traffic signaling electrical service. • The Ethernet cabling(yellow), connects to the City's backhaul network • The City will be responsible for proper grounding and network connections. Figure 9- Typical Installation Configuration Ordering and Implementation The Ordering and Implementation Phase includes equipment procurement, shipping, equipment inventory, mobilization of installation resources, equipment installation and system configuration by Motorola and its subcontractor. Customer responsibilities during this phase include securing any required use permits and attachment agreements for sites/structures, and providing power/grounding/Ethernet network connections at each required location. At the onset of this phase Motorola will order the necessary equipment for the project. Once use permits, attachment agreements, power, grounding and network connections are in place per the Motorola subcontractor supplied installation drawings Motorola's subcontractor will mobilize the installation resources. Specific implementation activities include: a. Mobilize installation resources and construction equipment to sites b. Install and configure IAP, WR and EWR units on structures according to the installation plans c. Perform alignment and testing of equipment d. Provision all devices in the MiSC e. Verify router, switch and other network configurations f. Integrate WMB network into existing customer network Once all activities of this phase are complete, Motorola's subcontractor will update the system and site documentation packages to conform to the as-built network. Acceptance and Close Out During this phase Motorola's subcontractor and the customer confirm the proper installation of the equipment, verify the functional operation and review final system documentation for project close out. Network installation in accordance with sound engineering practice and professional standards is verified by Motorola and the customer. A customer witnessed functional test plan (FTP) verifies proper operation of the network and constitutes the acceptance of the kit. The FTP will consist of a demonstration of the basic MEA features and verification of network connectivity through each infrastructure device. A baseline performance test (coverage or throughput test) may be optionally purchased. The documentation package is delivered to the customer indicating the final system configuration. Warranty Motorola's standard commercial one (1)-year warranty is included with the MEA System. This warranty includes technical support, infrastructure repair and a software subscription as described in the following sections. Technical Support Motorola's Technical Support was created to insure that the City of Elgin is provided the answers to its technical issues. Motorola's Technical Support Operation is available eight (8) AM to five (5) PM central time, Monday through Friday, to field all levels of calls. This operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues by telephone. A Case is created on each issue and is followed to resolution, with escalation if necessary. Because of the Center's proximity to the factory engineers,the highest level of technical support is available. Infrastructure Repair Service In the event of a device malfunction, the customer contacts the System Support Center's Call Center to request a return authorization(RA)number. The customer removes the malfunctioning unit and ships it to the SSC for repair. Upon receipt of the malfunctioning equipment,the SSC will fully system test and repair the malfunctioning unit down to the component level utilizing automated test equipment. A system test is performed to ensure that all software and hardware is set to the current customer configuration. If the unit is not manufactured by Motorola,the unit may be returned to the Original Equipment Manufacturer(OEM) for repair. The repaired unit is then shipped back to the customer for re-installation. Software Subscription Agreement/Software Upgrade Design In order to keep the customer's system operating with current functionality and to prolong the useful life of the system, Motorola has provided a software subscription program during the warranty period. Under the software subscription program, Motorola will provide periodic bulletins which describe available Software Enhancement Releases or Core Releases. Enhancement Releases provide minor software performance enhancements and bug fixes, while Core Releases provide major upgrades to the system software version. As a subscriber, the customer may order any available Enhancement Release or Core Release, and they will be provided without separate charge (excluding the cost of options not already part of the customer's system). Software Upgrade Design includes design services for Enhancement Releases. Motorola and its subcontractor will review System audit data along with an equipment list to insure there will be no Software incompatibilities between equipment that is not being upgraded versus equipment which is being upgraded with an Enhancement Release. Motorola and its subcontractor will identify additional equipment and engineering that is required as a result of the upgrade and will recommend a plan for installation. Motorola recommends that the City of Elgin carefully review the information in the periodic bulletins. Further, Motorola generally recommends that customers install all Core Releases and periodically install Enhancement Releases. Since migrating a system to a new Enhancement Release or Core Release may require additional hardware, software services, and engineering services which are not included under the Software Subscription Agreement,the Customer Support Manager(CSM) supporting the system will be invaluable in assisting the customer. The CSM will evaluate this information and provide assistance to the customer in making the optimal software support choices. Optional 24x7 Support Service Motorola believes maintenance is the best way to maximize the useful life of a system. By keeping your system software and hardware up to date the system is capable of expansion, as well as continued operation. The projected life of the system is therefore tightly tied to the manner in which it is maintained. In addition to the warranty services described previously, Motorola optionally offers extended support services as described below. Motorola and it's subcontractor will provide technician availability to respond to issues on the system, 24 hours per day, and 7 days per week, 365 days a year. Your call to Motorola sets in motion a problem-solving process that escalates until the problem is resolved. That process includes getting expert technicians on- site through our dispatch system, verifying that the situation is properly assessed, and working to get the system restored in the most efficient manner. Motorola and its subcontractor provide you with trained on-site technicians are ready and available to restore the network to optimal operating condition. Motorola and its subcontractor also has back-up system technologists on call 24-hours a day to reinforce those in the field. When you call on Motorola for on-site infrastructure support, you gain access to an entire network of expertise, day or night, dedicated to the optimal operation of the system. Response to any Severity 1 infrastructure equipment failure that affects end users is made within four(4)hours of notification. Response may be either in person at the incident site or by remote access. Motorola and its subcontractor provide continuous effort to achieve restoration for infrastructure equipment. When on-site service is required, authorized technicians are dispatched to perform first echelon service, remove failed components for repair, and reinstall new or reconditioned components. If the problem is found to be customer network, carrier or power related, the customer is responsible to coordinate the resolution. Our service provider will respond to issues involving the edge router forward through Wireless Mesh Broadband system. Additional Deployment Considerations and Assumptions Additional considerations for the kit Deployment and general design assumption are: 1) IAP and WRs are assumed to be mounted on a light pole or traffic light. They can also be installed on roof tops in some instances with special mountings not included in the current equipment list. 2) Equipment ships with standard mounting hardware for attachment to a typical streetlight, traffic light or similar structure. Non typical mounting will be at an additional cost. 3) Subscriber installation and application loading will be Motorola's sub-contractors responsibility. 4) The City of Elgin will be responsible for the installation and network integration of the network devices that connect to the IAP which allow connection to the city's fiber backhaul network. 5) The IAP will be installed within one hundred (100) feet of the customer's backhaul network. The point of connection to the customer's backhaul network will be above ground and consist of a device able to accept an RJ45 type Ethernet cable connection. 6) The City of Elgin will obtain the required Pole attachment agreements and use permits and any other necessary approvals (including, but not limited to, easements, impact studies, planning commission approval, and variances) before project implementation. 7) The City of Elgin will provide continuous (24X7) one hundred and twenty (120) VAC power within six (6) feet of each device. Motorola has a package that will allow the flexibility to connect to a power source using a Motorola-provided photocell adapter for street light installations or electrical connection to a power source, such as the traffic controller located at the base of the mounting structure. 8) The City of Elgin will provide bonding and a single-point ground connection within six (6) feet of each device per NEC standards. 9) The City of Elgin should provide an uninterruptible power supply for the MEA MiSC. 10)Although site surveys could identify possible existing interference sources, Motorola does not guarantee that interference will not emerge after the survey. Motorola may be able to assist the City of Elgin in assessing interference issues if such should occur; however, the cost for the services and any additional equipment necessary to resolve the interference problem are beyond the scope of this proposal. 11)Motorola's demarcation point on the network is the edge router. The City of Elgin will be responsible for IP connections from this router to any host end servers, routers, or other network devices. C-4 Acceptance Test Plan MOBILE BROADBAND NETWORK ACCEPTANCE CERTIFICATE CONTRACT/P.0.# P2005-098 PROJECT NUMBER: J200b-U9 3 In accordance with provisions of the contract indicated above, authorization was given to Scientel Wireless to establish, deliver and/or perform services at: Wireless Mobile MotoMesh Network, City of Eglin, IL Work provided by Scientel Wireless for the installation and other services incident to and necessary for the use of a communication system as required in the contract for the mobile network phase was found to be complete and performed to our satisfaction in accordance with the terms of the contract. See attached Final Network Acceptance Criteria sign-off sheet. The work or designated portion thereof is accepted. This acceptance formalizes the commencement of the installed system's maintenance phase. All applicable warranties required by the contract are authorized to commence. Scientel Wireless LLC Program Manager Scientel Wireless Field Supervisor Signature/Date Signature/Date PROJECT MANAGER Title Please Return Signed To: Nelson Santos Scientel Wireless, LLC 1007 Oak Creek Drive Authorized Customer Signature/Date Lombard, IL 60148 CITY ADMINISTRATOR Title Network Acceptance Customer: City of Elgin, IL Scientel Wireless, LLC Project No: J2005-098 Network Test/Criteria TestingMethod Passed Customer Initials Throughput (1) Throughput: 1. Transmit data using Iperf client Throughput for the measuring download/upload mobile data network will transfer rates between City servers be monitored and and Subscriber Device. documented. A sufficient range will be 2. Continuous mobile ping test from determined while Subscriber Device to City servers stationary or in motion over coverage area. Average throughout coverage response time < 25 ms and timeout area. frequency <1% within the coverage area. 3. Same testing method as Method #1. (2) A design goal of 3 hop maximum routing was used to design the network throughout coverage area The tests detailed above have been carried out in a professional manner and to the satisfaction of the customer. By signing and initializing this form, I hereby certified that the network is working as designed certified, commissioned and in satisfied working order. Scientel Wireless Representative Customer Representative Signed: Signed: Print: Print: Date: natp• PROJECT NAME: MotoMesh WIRELESS MOBILE DATA City of Elgin,IL PROJECT NO. J2005-098 PROPOSAL NO. P2005-098 CLIENT: Motorola/CITY OF ELGIN, IL PO/CONTRACT: CITY OF ELGIN, IL PROJECT OBJECTIVES/SCOPE OF WORK: The project involves the design of approximately 8 MeshNetwork mobile wireless routers (MWR) and 2 intelligent access points (IAP) through a designated area in Elgin, IL. The design phase will layout the tentative location of all network equipment including the mobile Internet switching controller (MiSc). All work will be performed in accordance with Motorola's MeshNetwork's Guidelines for Network Deployment procedure. PROJECT ORGANIZATION: The project will be managed by Bill Asselborn of Scientel Wireless. Billy will be responsible for the timely completion of the work and reporting project status to the project principles. Mr. Gary Adams and Mr. Kurt Wilson both of Scientel Wireless shall perform the field design for the deployment of the Mesh gear. CLIENT INTERFACE: SCIENTEL WIRELESS - PROJECT CONTACTS Scientel Wireless, LLC 1007 Oak Creek Drive Lombard, IL 60450 Tel: 630-652-3800 Fax: 630-652-3805 Bill Asselborn Project Manager Scientel Wireless, LLC Office: 630-652-3820 Cell: 630-546-9953 Email: basselborn(�scientelwireless.com Kurt Wilson, P.E. Field Crew Supervisor Scientel Wireless, LLC Office: 630-652-3833 Cell: 630-546-9954 Email: Kwilson(a�scientelwireless.com Gary Adams RF Manager Scientel Wireless, LLC Office: 630-652-3828 Cell: 630-546-2265 Email: Gadams(@.scientelwireless.com Executive Contact Nelson Santos VP, Technology Scientel Wireless, LLC Office: 630-652-3807 Cell: 630-546-5637 Email: nsantos(a�scientelwireless.com Motorola.CSA.FINAL.1.10.05.revision.doc 1 PROJECT SCHEDULE: The project will commence on [Date Here] with mobilization to the site. The Scientel Wireless teams will meet with Motorola representatives on the morning of[Start Date] to begin design deployment. The work will continue until the network is fully designed in the field and ready for CAD drawing development. Gary Adams and Kurt Wilson will support the design effort. Tentatively project milestones are: 1) Network design, criteria and deployment map —Week 1 2) Procurement of equipment—Week 2 3) Installation —Week 3 to Week 4 4) Optimization & Drive Test—Week 4 5) Network Commissioning —Week 4 6) Go Live Date —Week 5 DESIGN DRAWINGS & CONTRACTUALLY APPLICABLE CODES AND STANDARDS: All design drawings will be created in accordance with ANSI Y14 and applicable subsections. All drawings shall be released for review by project principles prior to start of construction activities. As such the project drawings shall be used as reference only prior to final approval from the City of Elgin, IL. CLIENT PROCEDURES /SPECIFICATIONS: All work performed in the field shall be performed in accordance with Scientel Wireless Telecom Operating Procedures (TOP) for network design, radio installation services, material procurement, and worker safety. PROJECT SPECIFIC PROCEDURES AND INSTRUCTIONS. All materials are to be inventoried and stored with the city of Elgin's City Project representative. The city representative shall be responsible for all materials while in the City of Elgin prior to the commencement of the construction phase. PROJECT DELIVERABLES: • This Quality Assurance Project Plan. • Project Status/ Completion Report • Network Design • Network Deployment consisting of MotoMesh Equipment from Motorola Motorola.CSA.FINAL.1.10.05.revision.doc 2 C-5 Performance Schedule PROJECT PLAN Motorola Wireless Mobile Data Network City of Elgin, IL Revision 0 Project Number: J2005-098 Wireline Division Wireless Division X PCS Division Required Approvals Project Manager Date_ Department/Discipline Manager Date Quality Assurance (S/R only) N/A Date Signatures as Applicable City Of Elgin Date Motorola Date Scientel Wireless Date Distribution Motorola.CSA.FINAL.1.10.05.revision.doc 3 Exhibit D (Reserved) Motorola.CSA.FINAL.1.10.05.revision.doc 4 Exhibit E System Acceptance Certificate Customer Name: Project Name: This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: I. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. Customer Representative: Motorola Representative: Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: FINAL PROJECT ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Customer Representative: Motorola Representative: Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: Motorola.CSA.FINAL.1.10.05.revision.doc 5 OF E-40 " City of Elgin � Agenda Item No. � ,, August 5, 2005 TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Olufemi Folarin, City Manager Deputy Chief James Burns Jeff Massey, MIS Director SUBJECT: Contract for MESH Trial Project with Motorola PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorizing the purchase of a MotoMesh trial project with Motorola. RECOMMENDATION It is recommended that the City Council approve the purchase of a trial install of the MotoMesh �• product for installation in downtown Elgin in the amount of$48,248.50 and a pilot project at the Highlands golf course for $24,705.25. BACKGROUND The Police Department has been working with the City's Information Systems department to find the most robust and fault tolerant high-speed communications network to enhance video surveillance opportunities with the City. We examined several technologies from several companies and attended presentations and demonstrations of the various products. Only one product was able to provide the high speed wireless infrastructure and also operate effectively in a moving vehicle. Recently Motorola purchased MESH Networks and they have used the technology for their MotoMesh wireless network. The MotoMesh product will allow the police department to install and operate high quality video surveillance cameras anywhere in the coverage area. The MotoMesh will also allow Police, Fire and Public Works vehicles the ability to communicate with the network while in motion. This capability provides several opportunities from mobile reporting to GPS locating for street sweepers and snow plows. This product will also allow the Code Administration Department the ability to communicate directly with the City's network while at remote sites via their palm pilot applications to upload and download information remotely. Currently the Public Works Department and Code Enforcement are using mobile data devices that communicate through the public cellular network at a monthly cost of approximately $78 per month. This network, when MotoMesh Wireless project eh' August 5, 2005 Page 2 filly deployed, would eliminate the need for the monthly charges. This network will also provide the fault tolerance needed in the event of a major incident when typical cellular communications collapses under heavy use by the public. The attached proposal includes two separate pilot project areas. One pilot project is for a demonstration project for the downtown area at a cost of$48,248.50. The Police Department has identified several potential surveillance targets of interest in the downtown area and this smaller project will allow us to experiment with the best uses for this infrastructure. The pilot will also serve as the building block for an eventual city-wide project, while allowing immediate use by making the entire downtown one big wireless "hot-spot". This project will also combine the 2.4MHz public band with the licensed 4.9MHz"Public Safety only"band in one infrastructure. The second pilot area is the Highlands golf course/Fire Station 4 area. This pilot will allow the Highlands Golf Maintenance Building to be connected to the City's information system via the wireless system. This will also allow for additional surveillance cameras to be deployed around the golf course to enhance security. The Fire Department will be able to test network access from the fire apparatus housed at Fire Station 4. The cost of this pilot is $24,705.25. For this investment the concept of a City wide wireless will be thoroughly tested with outside wireless cameras, desktop PCs with wireless access cards and in vehicle with wireless access. These 'k pilots provide an immediate return on investment thru enhanced productivity and security while esproviding the base of experience for a successful City-wide deployment. This project will require an exception to the procurement ordinance for a sole source vendor. Although several companies provide wireless "hot-spot" capability, no others have demonstrated the ability to stay connected in a moving vehicle. The ability to communicate while mobile is crucial to the Police and Fire departments and helpful to the public works applications. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. rINANCIAL IMPACT There are sufficient funds budgeted ($50,000) and available ($50,000) in the Riverboat Fund, account number 275-0000-791.92-46, Other Equipment, project number 231006 for the downtown pilot project. There are sufficient funds budgeted ($30,000) and available ($30,000) in the Riverboat Fund, account number 275-0000-791.92-47, MIS Strategic Projects number 219511 for the Highlands Golf Course/Fire Station 4 pilot project. eft • MotoMesh Wireless project August 5, 2005 Page 3 \I\41.17,GAL IMPACT one. ALTERNATIVES 1. The City Council may require that this project be put out for bidding and risk getting a product that will not operate effectively in a mobile environment. 2. The City Council may chose to not proceed with this project and continue to rely on existing public infrastructure and associated monthly costs. Respectfully submitted for Council consideration. jjb/jm Attachments ilothk