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09-5
r Resolution No. 09-5 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION TO MAINTENANCE AND SUPPORT AGREEMENT NO. SA 002031-000 WITH MOTOROLA, INC. FOR PREMIER COMPUTER AIDED DISPATCH AND PREMIER MOBILE DATA COMPUTER SYSTEMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute an extension to maintenance and support agreement No. SA 002031-000 on behalf of the City of Elgin with Motorola,Inc. for premier computer aided dispatch and premier mobile data computer systems, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 0 MOTOROLA December 2, 2008 Michael Bayard City of Elgin 151 Douglas Avenue Elgin, IL 60120 RE: Extension to Maintenance and Support Agreement SA 002031-000 Product: PremierCAD and PremierMDC Dear Mr. Bayard: By means of this letter, Motorola, Inc. hereby extends City of Elgin's maintenance and support agreement as referenced above. Enclosed are two (2) copies of the updated Exhibit A Description of Covered Products, Exhibit B Support Plan, Exhibit C Support Plan Options and Pricing Worksheet and Exhibit D Billable Rates for the period 12/01/08 through 11/30/09. Pursuant to Section 3.2 of the original agreement as referenced above, all terms and conditions shall remain in full force and effect. Please indicate acceptance of this extension by signing the acceptance block below and returning one copy to my attention at Motorola, Inc. at 1250 North Tustin Avenue, Anaheim, California 92807 or fax it to my attention at 714-237-0050 on or before 12/15/08. If you have any questions or need further clarification, please contact me directly at 714-238-2057 or e- mail tanyamansell@motorola.com. Sincerely, J a uja Mama Tanya Mansell Sr. Contracts Specialist Motorola, Inc. Accepted by: MOTOROLA, INC. CITY OF EL 9 Y �� 9 Y Signed b : l:'C � � Signed b Printed Name: Rick Luckenbill Printed Name: U 10-ri• rt Title: Director, Service Operations Title: 1\114 ) 4 r Date: December 2, 2008 Date: C� h tl GL �� '�{ i2 001 Motorola, Inc., Public Safety Applications 1250 N. Tustin Ave, Anaheim, CA 92807 IL • Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. 002031-000 CUSTOMER: City of Elgin The following table lists the Products under maintenance coverage: Site Ids Product Site Id# PremierCAD PSA232400_(CAD) PremierPMDC PSA232400_(PMDC) Motorola Software Product Description Qty PremierCAD PremierCAD Server License 1 GGM Server License 1 PremierCAD Client(Sales Contract#8658) 5 First GGM PC License 1 GGM System Admin Kit 1 AWW License 50 CAD DSS License Fee 1 Open Query Server License 1 Open Query Client Licenses per License fee 50 ATM Server License 1 ATM Client License Per License Fee 30 AVL Server License 1 Interface Medium MDT 1 E9-1-1 1 Spectracom WWVB 1 Radio 1 Zetron 25 - Removed 12/1/08 2 Removed 12/1/08 1 ATM/AVL(2 Way) 1 TDD Interface 1 AWW to ProQ&A 17 Centracom Gold Elite 1 PremierMDC Premier MDC Client (41-100 units) (Sales 86 Contract# 7360) O•en Text former! Hummin•bird Software Product Description License# Qty BI Product BI Starter Query Admin/User 5 Pack P028426-005 1 PSA M&SA No.002031-000 2 ver.5.27.08 • Exhibit A DESCRIPTION OF COVERED PRODUCTS CONTINUED HP Non-Sto• Series—S stem#51493 Product Description Qty Hardware 1961-B S7600 PROCESSOR WITH 1 GB MEMORY 2 3861 SERVERNET-ETHERNET CONTROLLER CRD 2 3880 SERVERNET WIDE AREA NET CONCENTRATOR 1 4619 18GB 15K RPM DISK DRIVE FOR S-SERIES 12 5142 4MM DAT,DDS-3 DSKTP NO ACL S-SERIES 1 7280 S76X/86X ENCLOSURE(SINGLE W/BASE) 1 7360 S-SERIES POWER SHELF 1 S7X-IPAQ S-SERIES SYS CONSOLE,IPAQ& FLAT PNL 2 Software 9190 NETBATCH 1 9640 VIEWPOINT 1 SA30 PERFORMANCE MGMT BNDL(HOST) 1 SA31V3 PERFORMANCE MANAGEMENT BUNDLE 1 SA57 EXPAND 1 SB71 NATIVE COBOL RUNTIME- S SERIES 1 SB81 COBOL85 RUNTIME- S SERIES 1 SD70 TCP/IP LAN PRINT SPOOLER 1 SE17 ENFORM PLUS 1 SM58V1 RSC/MP HOST 1 SM67V1 RSC/MP WIN32 WINDOWS CLIENT 1 SN73 STANDARD S-SERIES OS PACKAGE 1 SR53 PATHWAY W/TS/MP (PER CPU 1-4) 2 2008-2009 Maintenance Breakdown Product Annual Fee CAD SW $66,788.25 PMDC SW $14,600.00 Open Text SW $1,525.00 HP HW/SW $29,387.00 08-09 Maintenance Subtotal $112,300.25 Multi-System Discount -$2,035.25 08-09 Maintenance Grand Total $110,265.00 PSA M&SA No. 002031-000 3 ver.5.27.08 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT NO. 002031-000 CUSTOMER: City of Elgin Introduction The Customer Support Plan is designed to provide Motorola customers the details necessary for understanding Motorola's overall support processes and policies as a compliment to the Motorola Maintenance and Support Agreement. The Motorola Maintenance and Support Agreement is the legal and binding contractual terms for which services are provided under. Questions or concerns regarding your support plan can be directed to your Support Manager. Below are the topics outlined in this Customer Support Plan: I. Service Offerings II. Accessing Customer Support III. Severity Levels and Case Management IV. Responsibilities V. Customer Call Flow VI. Contacts 1. Service Offerings Motorola's Customer Support organization includes a staff of Support Analysts whom are managed by Motorola Customer Support Managers and are chartered with the direct front-line support of our customers. A Support Analyst is a system technologist responsible for providing direct or escalation support. A Support Analyst is sometimes referred to as a Customer Support Analyst ("CSA") or Technical Support Analyst ("TSA") or Technical Support Representative. Motorola's Support Organization offers a multi-layered approach to a total service solution. Levels of support are defined as follows: Service Levels Logging, dispatching and tracking service requests Selected is call support, triage and resolution Telephone and/or on-site support for normal technical requirements High-level technical support prior to Engineering escalation Engineering software code fixes and changes Motorola provides to customers on an active maintenance and support agreement defined services and Software Releases. Specific support definitions, offerings and customer responsibilities are detailed in section 3 of the main body of the maintenance and support agreement. PSA M&SA No.002031-000 4 ver.05.27.08 ll. Accessing Customer Support The Motorola System Support Center Operations Motorola's Public Safety Applications Technical Support personnel in cooperation with Motorola's System Support Center("SSC") provide the gateway to technical support for all of Motorola Public Safety Application systems. Accessing support through Motorola's toll free 800 number, web ticketing or email ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make certain systems are restored and running at peak levels as quickly as possible. This is accomplished by obtaining accurate customer and problem details and by directing your requests to the right support team in a timely manner. The System Support Center offers total call management including: • Single point of contact for Motorola service requests • Logging, dispatching and tracking of service requests • System capabilities to identify pending cases and automatically escalate to management • Database and customer profile management • Standard reports with on-demand distribution • Case notification Motorola's System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means you can call us anytime. Support Center personnel enter requests for service, technical assistance, or telephone messages into a database system. Every time you call us, we log information about your request into the tracking system so that the information is available for reference and analysis to better serve your future service needs. Another benefit of logging every service request is that Motorola and customers can track the progress from initial contact to final resolution. There are three options for accessing Support at Motorola: 1. Motorola System Support Center Toll Free Number 2. eCase Management through Motorola On-Line 3. Email Case Ticketing Option 1 - Call Motorola System Support Center Call Motorola Toll free 800-323-9949 • Select from the auto attendant as follows: • Option 2—Technical Support of Infrastructure Products • Then select Option 6— Public Safety Applications • Next select the appropriate system type option 1. CAD 2. RMS 3. Mobile Applications 4. Jail Management Systems 5. Law Records (LRMS) 6. Customer Service Request System (CSR) 0. All Other Applications Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact and your agency and product specific Site Identification number. Providing a brief problem description will assist in defining the severity level and determine proper case routing to the appropriate Motorola technical support team member. A unique tracking number will be provided to your agency for future reference. Generally customers calling the toll-free 800 number will access Public Safety Applications technical support directly. For heavy call times or after hours the caller will be directed to Motorola's System PSA M&SA No.002031-000 5 ver.05.27.08 Support Call Center Operations. Once the logging process is complete customers are transferred directly to a Technical Support Analyst during Technical Support Operation Hours (6:00 a.m. to 6:00 p.m. Mountain Time, Monday to Friday). After support operation hours (6:00 p.m. to 6:00 a.m. Mountain Time, Weekends and Motorola Holidays) customers will be contacted within the contractually specified period of time by a Technical Support Analyst. Motorola Call Flow Customer /cu�toer Createsm an n,calls 800- eCase via VOL or Email An auto notification is sent to s this wifhi -Fours the customer with the case - T business -No :process number that was created. hours? Response to these cases is A case is witlitn 2 hours. auto logged in Clarify Yes cuIs thecuston)K \ — Y entitled to N Np►\createpr�J eCase service? Process Yes V support Rtv S_-_ Open and refer to Product su rt Is this a new team? issue? existing racp • CAD,JAIL,MOBILE,LRMS,CSR 1 7 Is this a new Open and refer to Yes issue? existing C'a v • Yes Use the keyword list to determine customer's case Use the keyword list to severity \ Create a tech Create a tech determine customers case support case. support case. severity Provide customer Provide customer their case number their race number • J Updated:April 2008 PSA M&SA No.002031-000 6 ver.05.27.08 Technical Staff Call Flow Technical su\ �/ pport • An auto notification is sent to The Support the customer with an update Analyst works the issue making updates to the Clarify case. An auto notification is sent to the customer with an update Is the issue The Support escalated to an SR ---Yes ► Analyst logs the in Clearquest? SR. An auto notification is sent to No • the customer with an update • An Engineer works The Support the SR and makes Analyst works the updates to the Clarify case to C1a rify resolution. An auto notification is sent to • / the customer with an update The Engineer • works the SR to resolution. Support technician closes the Clarify case An auto notification is sent to the customer with resolution \ • information • Support technician closes the Clarify \ End customer) case after FRB process and CrashTrack process. Updated: November 2007 PSA M&SA No.002031-000 7 ver.05.27.08 Call Flow After-Hours After- Is the Follow process to customer entitled to No create a PO service? Yes Is Product supported RMS the customer team? Gold Level? Yes No Call Support CAD,PMDC,JAIL,LRMS,CSR Manager and On- Call Technical • Is the Yes Support Analyst Call the On-Call, customer Technical Support calling RMS? Analyst And is it completely inoperable? No • Use the keyword list to Ye Create a Clarify z determine customer's case C End Process case and submit it severity /// to the PRODUCT Clarify Queue April 2008 PSA M&SA No.002031-000 8 ver.05.27.08 How to Obtain Technical Support for Products Action / Response Step 1. Call the System Support Center 1-800-323-9949 Step 2. Select option 2 (Technical Support) Step 3. Select option 6 (Public Safety Applications) Step 4. Select product specific option Step 5. Provide Site Identification Number(See Exhibit A-Description of Covered Products for Site Identification Numbers) Step 6. Provide Your Information Caller Name Contact Phone Number Description of problem Severity of system problem determined at time of call Time available for call back Email address Step 7. Case Number Generated Caller will receive a Case number for tracking the service request. Check Status The caller may check the status of a Case at any time by calling the System Support Center at 1-800-323-9949 and following steps 2-4 above and providing the case number. Case Assignment The Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Standard Response Time RESPONSE See Section III for Severity Level definitions Severity 1: 1 hour Severity 2: 3 business hours Severity 3: 6 business hours Severity 4: 2 business days Step 8. Notification of CASE All Case Notifications are available for up to 4 persons. Activity Notifications are sent via pager or email when any of the following events occur on a Case: Open, Assigned, Site Arrival, Deferred or Closure. To request case notifications, please contact your Support Manager. Notification of CASE Open/Close Case Notifications are available for up to 4 persons. Activity Notifications are sent via pager or email when any of the following events occur on a Case: Open or Closure. .To request case notifications, please contact your Support Manager. PSA M&SA No.002031-000 9 ver.05.27.08 Option 2 - Submit a ticket via eCase Management from Motorola On-Line Motorola On-Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case Management that allows customers to open, update, and view the status of their cases on the web. Setting Up a Motorola On-Line Account To set up an Motorola On-Line account, please visit Iittps://businessonline.motorola.com and follow the directions on the link for"Sign Up Now." A User ID and Password are not required for setting up your account. After accessing the link above, indicate in the"Additional Information" field you are a Public Safety customer seeking access to eCase Management. Once you submit your request, you will receive a confirmation email indicating receipt and including additional details about the Motorola On-Line account set up. In approximately 4-5 business days an additional email will be sent which includes details about your On-Line account. Accessing the Technical Case Management web site Once you have set up your agency's Motorola On-Line Account, to access the site simply log onto Motorola at businessonline.motorola.com with your user ID and password, click on the Contact Us - Open Case, and select System Support Issue from the Issue Type drop-down. Primary Features of On-Line Technical Case Management Motorola customers have three main functions available through Motorola On-Line to manage their cases: A. Open new cases B. Search for existing cases and view details of the existing case C. Update existing cases by adding notes A. Open a New Case 1. Log into Motorola On-Line 2. Click on the "Contact Us" 4 Open Case 3. Then select the Reason Code = System Support Issue (and the page will automatically reload) AIRCMIDAIONLA Contact Us Search P Open Case Search Cases Case History PSA M&SA No. 002031-000 10 ver.05.27.08 Open Case Welcome to the Open Request Screen.From here,you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number,you must go to the Motorola Membership Site Contact Name: Motorola Online WebID Canladt Phone: 8 O-814-D501 Contact Emelt cucmhl0©hotmail.com Reason Website Issue Credit Issue TRIe Order Issue Descrydbrc Pre-Sale Inquiry Product Issue Service Issue Training Issue Website Issue 4. Fill in the Case Title (description of request) and choose the applicable Site (which are listed alphabetically) 5. Choose case type Technical Support, Severity Level and Public Safety Applications System 6. Fill in a detailed description of your issue 7. Click"Create Case" Screen Shot from Steps 4-6 Wekvne la the Open Request Screen.Freon here,you may open a request which rsil be tracked and rated to the proper Molomla Employ►ncs. To pormanardly chango your Renal addre.=or phono number,you maxi go to the Yotnrota Mamtcrs top 5rla Gees!Mrc Penn State Tesi SMM ld CeNdaci Ple*ec S47 725-4 2 LudedErna& pennetaleiestflttesl.cc n Ie. *Y (System Support Issue Mc I syse'se SMu IP. se spear zi Case how 'Neese c rift' �I serves (Please Sjxcdy, PAWN !Please Specify 2j oeecr/llbnc I _J iiw�lw i'nc� Email Confirmation 1. eCase Management will give immediate confirmation of case number(new case numbers are 8 digits long) 2. The confirmation screen includes"expand all"and "collapse all" buttons for case notes PSA M&SA No.002031-000 11 ver.05.27.08 B. Search for a Case 1. Log into Motorola On-Line 2. Click on the "Contact Us" 4 Search Case 3. Select the"System Support Issue"type (the webpage will automatically reload) MO Owau • 1.h'.e:r; in>hIPOP le Om rya.,Meow I peace enar lt.a it arl c e:e'unbar) Enteerteaad UNA* Inc vas 6Yaoem;aµ n i r..:. Aral Type wine= !My Caw Gelatac opna e I-I e 1171 i1,7001 To .4nseS �7 MI I;MI C. Add Notes to an Existing Case 1. You can also add notes after submitting your case, by clicking on the"Add Notes" button 111111.Iroa- -SWuo.9tlea jr Case r 2009O216 Case Number I Title_TES? Case ConahGon:Open Sysaew Site ID:MDT"1130 Cuitaiiar Dane: TEST CUSTOMER %sun SIa Mama: Test Site as an example rare=caaugr NM*tetrad rearm coreetnv rT Mew Typo:System SllpprII Cass Type:Nata n*M Management Case Sswc*:Welt Conroy Name:: Test Test Weise Expand/Collapse Contact'P►one:eV 7264902 Buttons Comic Email:I t .COftibest &ia g Dotal= lrlieiltti ereent 4.eaee 7fl1 Ie a"Nerve r ee tee corbel 399'63PM Pt+NeSpeeny,S!IM-NetecsQrw ® Helm 1111A:04 .r.d:rxnroeavcarted 35aMPM I el Add Notes !di lloi.. PSA M&SA No.002031-000 12 ver.05.27.08 Motorola On-Line Support 1. Motorola does not recommend using this tool for opening Severity 1 or 2 cases. For any critical issues, customers should contact the System Support Center by calling 800-323-9949 and following the appropriate prompts. 2. The same guidelines would apply to updating cases with critical information. Any critical updates should be reported directly to Support at 800-323-9949. 3. When updating case notes, please provide your contact information, which includes your phone number, pager number, etc. For questions on Motorola On-Line eCase Management or administrative support, please contact the Motorola Online Helpdesk at molhelpl @motorola.com or call 800-814-0601. Requirements for effective usage: Browser: Internet Explorer 5.0 or greater Valid MOL user ID and Password PSA M&SA No.002031-000 13 ver.05.27.08 Motorola On-line Flow eCase Process ♦ \ Is the (Follow the customer No N process to create entitled to aPO service? \\ // Yes s the produ Assign the Tech supported by Salt Lake City Support case to Boulder or Salt the"PSA Salt Lake Lake City? City"Clarify Queue Boulder I • An auto notification is sent to Assign the case to The case is / the owners of the queue. the"PSA Boulder ► assigned to the Clarify Queue" appropriate queue. V To Technical Staff October 2006 PSA M&SA No.002031-000 14 ver.05.27.08 Option 3 - Submit a ticket via Email Case Management An alternative Customer Support tool is available for PSA customers. Along with the toll-free phone number and Motorola Online, customers can request technical support by email. For many customers who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating cases. To ensure proper case management and contractual response, email ticketing is only available for severity levels three and four. In order to properly process a ticket via email,the message must be formatted exactly as described below: Instructions are also located under"Resources" at: https://motonline.mot.com 1. Address your email to PSACASE@motorola.com 2. Type PSA Service Request and a brief description of the system issue in the Subject line of the e-mail message. This will become the case title 3. Type Site ID=followed by the site identification number of the system location 4. Type Product Type=followed by the product family type. Choose from the following list: • CAD (OR FRIENDS OF CAD, such as AWW, ATM, AVL and UDT) • CSR (CUSTOMER SERVICE REQUEST) • INFOTRAK, LRMS • JAIL MANAGEMENT (OFFENDERTRAK) • MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER) • NETRMS 5. Type Contact First Name =followed by your first name or the name of the person you would like support personnel to contact 6. Type Contact Last Name =followed by your last name or the name of the person you would like support personnel to contact. 7. Type Phone Number = followed by the area code and phone number where the contact person may be reached 8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or two cases must be opened via the toll-free PSA customer support number 9. Type Problem Description =followed by a comprehensive description of the problem 10. Send the message to us. You will receive an email with your case number for future reference. If an email response is not received, or if you need to open a severity level one or two case, please contact the PSA customer support at 1 800-323-9949 for further assistance. SAMPLE Email Ticket Formatting: To,.. I Ipsacase@motorola.cord Cc... I Subject: IPSA Service Request:NetRMS Reports Not Functional Site ID number: PSA12345_(NetRMS) (Clarify site identification number) Product type: NetRMS (Specific product such as LRMS, NetRMS, Premier MDC, etc.) Contact first name:John Contact last name: Doe Phone number:303-123-4567 Severity level: Level 3 (Email ticketing is available for severity levels three and four orgy) Problem description: NetRMS does not allow for the creation of manual-case reports which is affecting the generation of daily reports (Include a comprehensive description of the problem) PSA M&SA No.002031-000 15 ver.05.27.08 Ill. Severity Levels and Case Management Motorola services and response times are based on the severity levels of the error a customer is experiencing as defined below. This method of response allows Motorola to prioritize its resources for availability on our customer's more severe service needs. Severity level response time defines the actions that will be taken by Motorola's Support team. Due to the urgency involved in some service cases, Motorola will make every reasonable effort to provide a temporary or work around solution. When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable Supplemental and or Standard Release. SEVERITY DEFINITION RESPONSE TIME LEVEL Total System Failure-occurs when the System is not functioning and there is no workaround;such as a Central Server is down or Telephone conference when the workflow of an entire agency is not functioning. This level 1 is meant to represent a major issue that results in an unusable within 1 Hour of initial System, Subsystem, Product,or critical features. No work around voice notification or immediate solution is available. Critical Failure-Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic Telephone conference operations is not functioning and there is usually no suitable work- within 3 Business Hours 2 around. Note that this may not be applicable to intermittent of initial voice notification problems.This level is meant to represent a moderate issue that during normal business limits a Customer's normal use of the System, Subsystem, Product hours or major non-critical features. Non-Critical Failure-Non-Critical part or component failure occurs Telephone conference when a System component is not functioning, but the System is still within 6 Business Hours useable for its intended purpose, or there is a reasonable S of initial notification workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product,or duringnormal business critical features. houu rs Inconvenience-An inconvenience occurs when System causes a Telephone conference minor disruption in the way tasks are performed but does not stop within 2 Standard 4 workflow. This level is meant to represent very minor issues,such Business Days of initial as cosmetic issues, documentation errors,general usage questions, notification and product or System Update requests. Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated or determined at the time the case is logged. When escalation is required, Motorola adheres to strict policy dictated by the level of problem severity. PSA M&SA No.002031-000 16 ver.05.27.08 Severity Level One Escalation Once an issue is escalated to Engineering, the following table is used as an Engineering resolution guideline for standard product problems. Escalation Policy- Severity Level 1 CRITICAL ACTION RESPONSIBILITY Initial service request is placed. Support Analyst begins 0 Hours working on problem and verifies / determines severity Support Analyst level. If a resolution is not identified within this timeframe, SA escalates to the Customer Support Manager who Support Analyst 2 Hours assigns additional resources. Email notification to Customer Support Manager Director of Customer Support and Director of System Integration. If a resolution is not identified within this timeframe, Customer Support Manager escalates to the Director of Customer Support Manager 4 Hours Customer Support and Director of System Integration to Director of Customer Support assign additional resources. Email notification to Vice Director of Systems Integration President of System Integration and Vice President Customer Support. If a resolution is not identified within this timeframe, Customer Support Manager Director of Customer Support escalates to Vice Director of Customer Support 8 Hours President of System Integration, Vice President of Director of Systems Integration Support, and account team. VP of System Integration VP of Customer Support If a resolution is not identified within this timeframe, Senior Management Director of Customer Support escalates to Vice Support 12 Hours President of System Integration, Vice President of Operations Support, and account team, Senior Vice President's of Systems Integration Operations, System Integration, Customer Support and Engineering Engineering. All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola technical support representative, to include notification to Motorola management 24x7. All other severity level problems logged after business hours will be dispatched the next business morning. 3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Motorola's call incoming center. Motorola will notify the Customer if Motorola makes any changes in Severity Level (up or down) of any Customer- reported problem. 3.2 Motorola will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Motorola diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Motorola cannot reproduce, Motorola may enable a detail error capture/logging process to monitor the System. If Motorola is unable to correct the reported Residual Error within a reasonable time, Motorola will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Motorola, in its sole discretion, determine that such Residual Error is not present in its Release, Motorola will verify: (a) the Software operates in PSA M&SA No.002031-000 17 ver.05.27.08 conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. Error Correction Status Report. Motorola will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. IV. Key Responsibilities 4.1 Motorola Responsibilities 4.1.1 Anti-virus software. At Customer's request, Motorola will make every reasonable effort to test and verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application. Motorola will respond to any reported problem as an escalated support call. 4.1.2 Customer Notifications. Motorola will provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 4.1.3 Account Reviews. Motorola will provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 4.1.4 Remote Installation. At Customer's request, Motorola will provide remote installation advice or assistance for Updates. 4.1.5 Software Release Compatibility. At Customer's request, Motorola will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Motorola's Software Supplemental or Standard Releases 4.1.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Motorola's facilities. Motorola will decide whether on-site correction of any Residual Error is required and will take appropriate action. 4.1.7 Decision Support System ("DSS") Products. (Applies to Motorola's PremierCAD Software only). The CAD DSS products are supported on a consultative basis only with annual consultation hours not to exceed eight (8) hours. Any additional consultation will be invoiced on a time and material basis at Motorola's then current rates for professional services. 4.1.8 Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state interfaces are part of the covered Services. PSA M&SA No.002031-000 18 ver.05.27.08 4.1.9 Annual System Performance Review and Report. Motorola will prepare the following reports to include: 4.1.9.1 (Applies to PremierCAD Software only) (a) System Analysis MEASURE: Evaluate disk and CPU load PEEK: Evaluate memory availability and use VIEWSYS: Evaluate use and availability of PCBs EMSA/TMDS: Review logs for hardware reports File Sizing Review file sizing on changeable files (b) Pathway Analysis Evaluate effectiveness of system configuration for current load Evaluate TCP/Server statistics Evaluate efficiency of server class maximum and minimum settings (c) Performance TMX Timings: Evaluate application response times Analysis 4.1.9.2 (Applies to Motorola® Computer Aided Dispatch Software installed on Stratus ftServer only) • Update Equipment drivers • Upload Equipment patches, hot fixes and firmware • Evaluate effectiveness of System configuration for current load based upon overall CPU Utilization 4.1.9.3 Based on the Annual System Performance Review and Reports, Motorola's Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. (The below listed terms are applicable only when the Maintenance and Support Agreement includes (a) Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and Support Agreement; or (b) CAD HP NonStop S-Series hardware in addition to the Motorola CAD Software.) 4.1.10 On-site Product Technical Support Services. Motorola will furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. 4.1.11 Seller Response. Motorola will provide telephone and on-site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet. 4.1.12 At Customer's request, Motorola will provide continuous effort to repair a reported problem beyond the PPM. Provided Customer gives Motorola access to the Equipment before the end of the PPM, Motorola will extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional on-site labor support will be invoiced on a time and material basis at Motorola's then current rates for professional services. PSA M&SA No.002031-000 19 ver.05.27.08 4.1.13 CAD HP NonStop S-Series Services Continuous The PPM is 24 hours a day, 7 days a week. On-site response time is Availability within two (2) hours for customers within 50 miles of an HP Service Center. Includes on-site coverage for national holidays. High Availability The PPM is 24 hours a day, 7 days a week. On-site response time is within four(4) hours. Includes on-site coverage for national holidays. Enhanced Availability The PPM is 8 a.m. —5 p.m. Monday-Friday, excluding national holidays. On-site response time is next business day. 4.1.13.1 Under all CAD HP NonStop Series hardware service plans, coverage will include: • Perform corrective service during the PPM specified in the Plan. • Log all service requests and furnish telephone and/or on-line diagnostic services from the Motorola's call intake center or the HP Nonstop Global Management Call Support Center (GMCSC) 24 hours per day, 7 days per week. • Furnish all labor, parts, materials, and on-site service during the PPM as necessary to ensure HP NonStop Series hardware is operating in accordance with applicable published specifications. Replacement parts will be new or equivalent of new in performance. Replaced parts will become the property of HP. • Install any mandatory Field Change Order(s) required for the safety or proper operation of maintained HP NonStop Series hardware. • Assign an HP area Lead with rotational Customer Engineers based on geographical regions that will be responsible for providing service. • Provide unlimited level 0 support provided by Motorola's System Support Center • Provide unlimited level 1, 2, and 3 technical telephone support provided by Motorola's Technical Support Team • Escalation to Engineering for 4th level support as appropriate • Telephone and Remote dial-in support • Software patches, bug fixes and Supplemental (maintenance) releases as described in the maintenance and support agreement terms • Repair or exchange of hardware component failures during the warranty term (as applicable) • Respond to customer's support requests timely. Response criteria are based on severity level as described in Section III of this document. 4.1.14 Support on Hardware Customer will provide all on-site hardware service or is responsible for purchasing on-going maintenance for 3`d party on-site hardware support. Third party support on some system components may be available through Motorola's maintenance and support agreement. Customer will contact the appropriate vendor directly for parts and hardware service if not purchased through Motorola's maintenance and support agreement. 4.1.15 Support on Motorola Software Motorola will provide any required software fixes in the form of either a"patch" or in a Supplemental (maintenance) Release. PSA M&SA No.002031-000 20 ver.05.27.08 4.1.16 Maintenance Contract Administration Motorola's Maintenance Contracts Administration Department manages the maintenance agreement following the warranty term that may be included in the purchase of a Motorola system. Approximately four months prior to the expiration of the warranty period, the Contracts Administration team will contact the customer to discuss the options available for their specific site. The terms of the agreement can be customized to your agency's budgetary requirements and cycle. Motorola offers various levels of support to meet an agency's requirements,for example: • Telephone, dial in support for software fixes • Varying hours of coverage • Third party vendor services • On-site services • Users Conference • Professional Services 4.1.17 Reports Service history reports and notifications are available from the Motorola call tracking system. If you are interested in obtaining access to service history reports and ticketing notifications, inquire with your Technical Support Representative. 4.2 Customer Responsibilities 4.2.1 Initial logging of issue 4.2.2 Assist in assessing severity level 4.2.3 Contact Motorola to escalate service requests 4.2.4 Parts replacement (if applicable) 4.2.5 Dial in connectivity and telephone access to Motorola personnel 4.2.6 Anti-virus software. Customer is responsible for running any installed anti-virus software. 4.2.7 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer will contact Motorola to verify that a given OS upgrade is appropriate. 4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing your system errors, Motorola has created the Trouble Report Form (page 17). Completion of this form by the customer is voluntary. The Trouble Report form helps Motorola Technical Support reduce errors by increasing the understanding of the problem description definition. It may also improve repair time by understanding the probability of repeat errors. Additionally, should escalation to Motorola's Engineering team be required, information gathered on this form will aid by potentially avoiding the wait associated with error reoccurrence. Information customers provide on the Trouble Report form will assist Motorola Support team expedite the troubleshooting process. Your assistance in providing the information is appreciated. Once you complete the form, please e-mail or fax this form to the Technical Support Representative assigned to work on the issue reported. PSA M&SA No.002031-000 21 ver.05.27.08 Trouble Report Form Agency Name: Motorola Case Number: Contact Name: E-mail Address: Contact Phone: Contact Fax: Severity Level: CAD Correction#: Subject: Product/Version: Problem Please ensure that the description provided is as detailed as possible. By including accurate details,Motorola's Description: opportunity to resolve the issue promptly and successfully increases. Please be sensitive to the use of verbage that is specific to your agency or area of the country.Full understanding of the facts on a reported issue increases Motorola's probability of locating a root cause and achieving a timely resolution. Steps to Motorola understands that duplication is not always easy. However, if you are able to duplicate the issue, providing us Duplicate: with the detailed keystrokes will greatly improve our ability to correct the issue in question.When unable to duplicate the issue on demand,providing us with detailed steps that preceded the issue reported will greatly help. Step One: Step Two: Step Three: Step Four: Step Five: Step Six: Step Seven: Additional Steps: Expected Results: Actual Results: Configuration Checked: PSA M&SA No.002031-000 22 ver.05.27.08 V. Customer Call Flow To Be Provided By Customer VI. Contact Information Motorola Contacts CONTACT PHONE NUMBER Motorola System Support Center (800) 393-9949 Steven Gissen Director, Customer Support (303) 527-4170 Stephen.Gissen@motorola.com Jackie Thomas Technical Support Manager (303) 527-4016 jackie.thomas@motorola.com Geremy Farrell Technical Support Manager (801) 486-9939 Ext. 160 Geremy.farrell@motorola.com Phillip Askey Technical Support Manager (720) 565-4764 P.Askey@motorola.com Shelley Rhoads Customer Support Business Manager (951) 245-7416 srhoads@motorola.com PSA M&SA No.002031-000 23 ver.05.27.08 r Customer Contacts (to be provided by Customer) Customer Agency Name: Address: City, State and Zip: Billing Contact Name: Phone No: Fax No: Email: Backup System Administrator Name: Phone No: Fax No: Pager & Pin No: Email: Service Escalations Contact Name: Title: Work Phone No: Home Phone No: Mobile Phone No: Pager & Pin No: Email: PSA M&SA No.002031-000 24 ver.05.27.08 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement# 002031-000 Term Length 12 Months Term Start Date 12/01/08 Term End Date 11/30/09 CUSTOMER AGENCY City of Elgin BILLING AGENCY City of Elgin Address 151 Douglas Ave Address 151 Douglas Ave City,State,Zip Elgin, IL 60120 City, State, Zip Elgin, IL 60120 Contact Name Michael Bayard Contact Name Account Payable Telephone Number (847)289-2574 Telephone Number Fax Number (847)289-2670 Fax Number Email Address BayardM@cityofelgin.org Email Address • For support and updates on products below, please contact Motorola's Public Safety Application's Customer Support: (800)323-9949 Option 2,Option 6,then select the corresponding product prompts as follows: 1 CAD PRODUCTS 2 RMS 3 MOBILE APPLICATIONS 4 JAIL MANAGEMENT ❑ PremierOne CADTM ❑ FRMS ..............TM ❑ PremierOne MobileTM CIOffendertrakTM ® PremierCADTM ❑ Net RMS ® Premier MDCTM ❑ ImagetrakTM ❑ Motorola®Computer Aided Dispatch ❑ Cruiser ❑ AirMobileTM ❑ Case Management System ® CAD HP NonStopTMSeries hardware ❑ ActivePaper ❑ TxMessengerTM 5 LRMS 0 OTHER ❑ InfotrakTM(LRMS) ❑ Integration Framework El Custom Software ❑ UCRR ❑ Enhancements to Products ❑ Customer Service Request System ❑ O ther MOTOROLA SERVICES TERM FEES THIRD PARTY SERVICES TERM FEES O STANDARD SUPPORT SERVICES $ 81,388.25 ® VENDOR AGENCY: HP $ 29,387.00 1 Customer Support Plan $ Included ♦ Product Type/Description: HP NonStop Series 2 Case Management 24X7 $ Included Service Level:High 3 Technical Support Monday through Friday ♦ -Hours of Coverage:24 hours a day,7 8:00 a.m.to 5:00 p.m.Customer local time $ Included days a week 4 Third-party Vendor Coordination $ Included • -Response Time:4 hrs on-site response 5 On-site Support(when applicable) $ Included -Onsite/Software/Parts: Included 6 System Audit $ Included System#:51493 7 SW Releases:Standard&Supplemental $ Included 8 Quarterly Newsletter $ Included ® VENDOR AGENCY:Open Text $ 1,525.00 • Product Type/Description: BI SW ® SUPPLEMENTAL SERVICE OPTIONS Service Descriptions Available Upon Request 1 24x7 Technical Support Svcs $ Included 2 Professional Services Training $ 3 Professional Services Upgrades $ 4 Preventive Maintenance $ THIRD PARTY TOTAL FEES $ 30,912.00 5 Users Conference Advance Purchase $ BUNDLED SERVICE OPTIONS DISCOUNT$ 6 On-site Support(Dedicated Resource) $ ® MULTI-SYSTEM(2.5%Discount) $ -2,035.25 7 GeoFile Services $ 8 Monitoring Services $ MOTOROLA SERVICES TOTAL FEES $ 81,388.25 DISCOUNTS $ -2,035.25 USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS ❑ Users Conference Attendance($2,650 per Attendee) Year Number Attendees • Registration fee • Roundtrip travel for event(booked by Motorola) • Hotel accommodations(booked by Motorola) • Rental car(booked by Motorola) • Daily meal allowance(determined by Motorola guidelines) TERM GRAND TOTAL* $ 110,265.00 *Excludes taxes if applicable Prepared by: Tanya Mansell, 714-238-2057, tanyamansell@motorola.com PSA M&SA No. 002031-000 25 ver.05.15.08 1 Exhibit D CURRENT BILLABLE RATES MAINTENANCE AND SUPPORT AGREEMENT NO. 002031-000 CUSTOMER: City of Elgin The following are Motorola's current billable rates, subject to an annual change. The following rates apply to Customers with a current, active Maintenance and Support Agreement. Billable rates apply to services provided outside of the PPM. SERVICE HOURS LABOR RATES 8 a.m.-5 p.m. M-F(local time) $186 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Holidays $279 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement. SERVICE HOURS LABOR RATES 8 a.m.-5 p.m. M-F (local time) $372 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Holidays $558 per hour, 2 hours minimum Note: Above rates reflect labor rate only. Additional fees for on-site travel expenses, third party expenses and/or materials will be quoted at the time of customer request for services. PSA M&SA No. 002031-000 26 ver.05.15.08 �F FCC City Elgin E I i n Agenda Item No. .7 c,- • December 11, 2008 TO: Mayor and Members of the City Council are Cortikr Uti FROM: Olufemi Folarin, City Manager Jeffrey Swoboda, Deputy Chief f Police SUBJECT: Renewal of Maintenance Agreement with Motorola for Premier Computer Aided Dispatch and Premier Mobile Data Computer Systems PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider renewing a contract with Motorola for maintenance and support for the City's Computer Aided Dispatch (CAD) and Mobile Data Computer(MDC) Systems. RECOMMENDATION It is recommended that the City Council authorize the City Manager to renew the contract with Motorola for maintenance and support in the amount of$110,265. BACKGROUND The City of Elgin installed a state-of-the-art Motorola CAD and MDC System in 2003. The system became operational in December of 2003, and the one year warranty maintenance period began. Since that time, Motorola has performed exceptional work in support of the system. This is a Motorola designed and installed system and only Motorola is capable of providing the service for the City's CAD System, making it a sole source exception to the procurement ordinance. The agreement calls for 24/7 support of all system installed software and hardware. It allows for any upgrades that may become available, including enhancements. The Police Department operates the CAD System as part of the Emergency Communications Center and finds the product and support to be of a very high quality. The project is supported by the E9-1-1 surcharge. On December 2, 2008, Elgin's Emergency Telephone System Board recommended this agreement be executed. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Emergency Telephone System Board Renewal of Maintenance Agreement with Motorola for CAD and MDC December 11, 2008 Page 2 Il/ FINANCIAL IMPACT The proposed contract with Motorola would total $110,265. The expense would be charged to the E-911 Telephone System Fund, account number 220-0000-791.92-47, "Communications Equipment." There are sufficient funds budgeted ($400,000) and available ($368,486) in this account to enter into this agreement. L GAL IMPACT he proposed agreement would require an exception to the procurement ordinance which requires the approval of two-thirds of the members of the City Council. ALTERNATIVES 1. The City Council may choose to approve this agreement with Motorola for maintenance and support. 2. The City Council may choose not to approve this agreement and direct the Police Department to seek an alternative source for service. Respectfully submitted for Council consideration. js Attachments Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. 002031-000 CUSTOMER: City of Elgin The following table lists the Products under maintenance coverage: Site Ids Product Site td# PremierCAD PSA232400_(CAD) PremierPMDC PSA232400_(PMDC) Motorola Software Product Description Oty PremierCAD PremierCAD Server License 1 GGM Server License 1 PremierCAD Client(Sales Contract#8659) 5 First GGM PC License 1 GGM System Admin Kit 1 AWW License 50 CAD DSS License Fee 1 Open Query Server License 1 Open Query Client Licenses per License fee 50 ATM Server License 1 ATM Client License Per License Fee 30 AVL Server License 1 Interface Medium MDT 1 E9-1-1 1 Spectracom WWVB 1 Radio 1 Zotfen-25 -Removed 12/1/08 2 Removed 12/1/08 1 ATM/AVL(2 Way) 1 TOD Interface 1 AWW to ProQ&A 17 Centracom Gold Elite 1 PremierMDC Premier MDC Client (41-100 units) (Sales 86 Contract#7360) ••en Text former) Hummin.bird Software Product Description License# Oty BI Product BI Starter Query Admin/User 5 Pack P028426-005 1 PSA M&SA No.002031-000 2 ver.5.27.08 Exhibit A DESCRIPTION OF COVERED PRODUCTS CONTINUED HP Non-St•• Series-S em*51493 Product Description oty Hardware 1961-B S7600 PROCESSOR WITH 1 GB MEMORY 2 3861 SERVERNET-ETHERNET CONTROLLER CRD 2 3880 SERVERNET WIDE AREA NET CONCENTRATOR 1 4619 18GB 15K RPM DISK DRIVE FOR S-SERIES 12 5142 4MM DAT,DDS-3 DSKTP NO ACL S-SERIES 1 7280 S76X/86X ENCLOSURE(SINGLE W/BASE) 1 7360 S-SERIES POWER SHELF 1 S7X-IPAQ S-SERIES SYS CONSOLE,IPAO& FLAT PNL 2 Software 9190 NETBATCH 1 9640 VIEWPOINT 1 SA30 , PERFORMANCE MGMT BNDL(HOST) 1 SA31V3 PERFORMANCE MANAGEMENT BUNDLE 1 SA57 EXPAND 1 SB71 NATIVE COBOL RUNTIME-S SERIES 1 SB81 COBOL85 RUNTIME- S SERIES 1 SD70 TCP/IP LAN PRINT SPOOLER 1 SE17 ENFORM PLUS 1 SM58V1 RSC/MP HOST 1 SM67V1 RSC/MP W1N32 WINDOWS CLIENT 1 SN73 STANDARD S-SERIES OS PACKAGE 1 SR53 PATHWAY W/TS/MP(PER CPU 1-4) 2 2008-2009 Maintenance Breakdown Product Annual Fee CAD SW $66,788.25 PMDC SW $14,600.00_ Open Text SW $1,525.00_ HP HW/SW $29,387.00 08-09 Maintenance Subtotal $112,300.25 Mufti-System Discount -$2,035.25 08-09 Maintenance Grand Total S110,265.00 PSA M&SA No.002031-000 3 ver.5.27.08 44 OF F4C ����% / City of Elgin Memorandum Y \ o�rirDc�� Date: January 16, 2009 To: Jeff Swoboda, Police Deputy Chief From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-5, Regarding agreement with Motorola, Inc. for premier computer aided dispatch and premier mobile data computer systems Enclosed please find the above referenced agreement. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. Resolution No. 09-85 RESOLUTION AUTHORIZING EXECUTION OF SERVICE AGREEMENT WITH MOTOROLA, INC. FOR MAINTENANCE OF POLICE AND FIRE MOBILE DATA COMPUTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with Motorola, Inc. for maintenance of the police and fire mobile data computers, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Q MOTOROLA SERVICE AGREEMENT Attn:National Service Support Contract Number: S00001012082 1309 East Algonquin Road Contract Modifier Schaumburg,IL 60196(800)247-2346 Supercedes Agreement(s): Date:09/25/2008 Company Name: ELGIN POLICE DEPT,CITY OF Required P.O.: No Attn: Customer#: 1000260737 Billing Address: 151 Douglas Bill to Tag#: 0004 City, State,Zip: Elgin, IL 60120 Contract Start Date: 01/01/2009 Customer Contact: Communications Director Contract End Date: 12/31/2009 Phone: (847)289-2778 Anniversary Day: Dec 31st Fax: (847)289-2670 Payment Cycle: ANNUAL Tax Exempt: Exempt From All Taxes PO#: Annual Prepay Discount Applied Qty Model/Option Description Monthly Ext Extended *****Recurring Services***** SVC01SVC1220C RADIO REPAIR SERVICE 77 SVC545AB MW800(INC CPU,DISPLAY,KEYBOARD) $1,755.60 $10,000.8021,067.20 90 SVC549AB VRM850 SVCO1SVC1423C LOCAL RADIO SUPPORT SERVICE 77 SVC593AB MW800(INCL. CPU, DISPLAY, KEYBOARD $1,170.40 $14,044.80 SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORK FOR Subtotal-Recurring Services $3,759.40 $45,112.80 PERFORMANCE DESCRIPTIONS Subtotal-One-Time Event $ .00 $ .00 Services Total $3,759.40 $45,112.80 - Service by: Motorola Radio Support Center/Motorola Field Taxes - Service Organization Grand Total $3,759.40 $45,112.80 •'Sell Price Reflects Annual Prepay Discount THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State RADIO SUPPORT CENTER ELGIN IL MOTOROLA MIDWEST REGION D0074 SCHAUMBURG IL I received Statements of Work that describe the services provided on this Ag ment.Motorola's Service Terms and Conditions,a copy of which is a o thiAgreement,is incorporated herein by this reference. e1 mQlia5or 11/Ve AUTHOR! D CUST• ER SIGNATURE TITLE DATE I 1 ol,Kti e,6 , -IQ EL6/A7 1S (PR INT RINT NAME) � 0 --� 0_,0 c,rficu al40(. - ccv c- - l,.l ai\o MOTORO REPRESENTATIVE(SIGNATURE) TITLE DATE Patty Blocker ' IL-nl v-(�'0Q'3 -qr to D RLA-�-teS3 -q 5c Q0 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE FAX Service Terms and Conditions Motorola, Inc.,("Motorola")and the customer named in this Agreement("Customer")hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1)maintenance,support and/or other services under a Motorola Service Agreement, or(2)installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions;the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments,all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3."Services"means those installation, maintenance, support,training,and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date"indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used;the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4.All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost,damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement;or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal,customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear;or accident, liquids, power surges, neglect,acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment;accessories, belt clips, battery chargers,custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer,combiner,or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks,the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement.When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment.Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement,the hours of Service will be 8:30 a.m.to 4:30 p.m., local time,excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers)that will be available twenty-four(24)hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed,with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period.All other charges will be billed monthly, and Customer must pay each invoice in U.S.dollars within twenty(20)days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes,and other taxes or assessments levied as a result of Services rendered under this Agreement(except income, profit,and franchise taxes of Motorola)by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement,the other party will give to the non-performing party a written and detailed notice of the default.The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan,then the injured party,in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2.Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination.All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability,whether for breach of contract,warranty, negligence,strict liability in tort, or otherwise,will be limited to the direct damages recoverable under law, but not to exceed the price of twelve(12)months of Service provided under this Agreement.ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE,TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties,whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein.The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless:the purchase order,acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1.Any information or data in the form of specifications, drawings, reprints,technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property,will be deemed proprietary,will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose,without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data itself for any purpose other than performing its obligations under this Agreement.The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial,financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3.This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two(2)years thereafter, Customer will not hire, engage on contract,solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola.This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable,the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may assign its rights and obligations,and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE(1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS • THAN THIRTY(30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement,the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. March 12, 2009 TO: Mayor and Members of the City Council ,!te community FROM: Olufemi Folarin, City Manager Jeffrey Swoboda,Deputy Chief of Police SUBJECT: Service Agreement for Police and Fire Mobile Data Computers PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider renewing a one year service agreement with Motorola for maintenance of the Mobile Data Computers utilized by the Police and Fire Departments. RECOMMENDATION It is recommended that the City Council approve the one year service agreement with Motorola to continue servicing the Mobile Data Computers for the not-to-exceed amount of$45,112.80. BACKGROUND The Police and Fire Departments currently utilize 77 Mobile Data Computers which are installed in marked police vehicles and fire apparatus. These computers are a component of the Computer Aided Dispatch and therefore, utilized on virtually every call for service. They were first installed in 2002 and since that time, yearly service agreements with Motorola have been in place. The Mobile Data Computers are Motorola products and therefore, Motorola is the sole source provider for this service agreement. The Emergency Telephone System Board voted on February 19, 2009 to pay for this service agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Emergency Telephone System Board Service Agreement for Police and Fire Mobile Data Computers March 12, 2009 Page 2 FINANCIAL IMPACT The proposed service agreement with Motorola would total $45,112.80. The expense would be charged to the E-911 Telephone System Fund, account number 220-0000-791.40-08, "Repair/Maintenance Services." There are sufficient funds budgeted ($188,000) and available ($77,735)in this account to pay for this service agreement. LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance. Exceptions to the procurement ordinance require the affirmative vote of two-thirds of the members of the City Council. ALTERNATIVES 1. The City Council may choose to approve this service agreement with Motorola as presented. 2. The City Council may reject this service agreement and direct a new bid be let. Respectfully submitted for Council consideration. js Attachment ,c(OF EEC. 0"' \'ti: Memorandum r �, City of Elgin Date: April 14, 2009 To: Jeff Swoboda, Police Deputy Chief From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 09-85, Adopted at the April 8, 2009, Council Meeting Enclosed you will find the agreement listed below. Please distribute to the appropriate parties and if needed,retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Service Agreement with Motorola, Inc. for Maintenance of Police and Fire Mobile Data Computers