R11-114
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1 RESOLUTION NO. Rll-1l4
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4 A RESOLUTION OF THE CITY COMMISSION OF
$, THE CITY OF BOYNTON BEACH, FLORIDA,
~: APPROVING A SERVICE AGREEMENT BETWEEN i
~: THE CITY OF BOYNTON BEACH AND MOTOROLA, !
S' INe., PROVIDING FOR THE MAINTENANCE OF THE i
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I FOR A TWEL VE (12) MONTH
~, RADIO SYSTEM
1q PERIOD, IN THE AMOUNT OF $108,443.04;
11 : AUTHORIZING THE INTERIM CITY MANAGER TO
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ql EXECUTE THE AGREEMENT; AND PROVIDING AN i
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1~i EFFECTIVE DATE. I
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WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
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11i recommendation of staff, deems it to be in the best interests of the City residents to enter i
1~ into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a
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1t twelve (12) month period~
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:r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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2~ Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
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2~ being true and correct and are hereby made a specific part of this Resolution upon adoption
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2~ Section 2. The City Commission of the City of Boynton Beach, Florida hereby
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2~ approves the Service Agreement for the maintenance of the radio system between the City of
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2~ Boynton Beach and Motorola, Inc. for a twelve (12) month period in the amount of
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$108,443.04. I
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Section 3. The Interim City Manager is authorized to execute the Service
Agreement, a copy of which Agreement is attached hereto as Exhibit "A."
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1 Section 4. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this 18th day of October, 2011.
:pi CITY OF BOYNTON BEACH, FLORIDA
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1JI ATTEST: Commissioner - Marlene Ross i
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., net M. Prainit
~ll 'City Clerk
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2! (Corporate Seal)
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R11 -
MOTOROLA SERVICE AGREEMENT
Attn: National Service Support/4th fl Contract Number: S00001000428
1301 East Algonquin Road Contract Modifier: RN24- MAR -1115 :24:42
Schaumburg, IL 60196
(800) 247 -2346 Supercedes Agreement(s):
Date: 04/07/2011
Company Name: Boynton Beach, City Of Required P.O.: No
Attn: Customer # : 1000303040
Billing Address: 100 E Boynton Beach Blvd Bill to Tag # : 0001
City, State, Zip: Boynton Beach, FL 33435 Contract Start Date: 10/01/2011
Customer Contact: Contract End Date: 09/30/2012
Phone: Anniversary Day: Sep 30th
Fax: Payment Cycle: QUARTERLY
Tax Exempt: Exempt From All Taxes
PO # :
CLIN Qty Model /Option Description Monthly Extended
Ext
Total Services $ 9,036.92 $ 108,443.04
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR Subtotal - Recurring Services
PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event
Services
Total $9,036.92 $108,443.04
MAINTENANCE CONTRACT INCLUDES THE FOLLOWING Taxes - -
SERVICE PRODUCTS: DISPATCH, TECHNICAL Grand Total $ 9,036.92 $ 108,443.04
SUPPORT, NETWORK MONITORING, INFRASTRUCTURE THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
REPAIR WITH ADVANCED REPLACEMENT, ON SITE JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
INFRASTRUCTURE RESPONSE, CONSOLE ONLY SSSA,
LOCAL RADIO COMBO.
Subcontractor(s) City State
MOTOROLA SOUTH FLORIDA FSO PLANTATION FL
MOTOROLA SYSTEM SUPPORT ELGIN IL
CENTER
MOTOROLA NIO SSA TEAM SCHAUMBUR IL
_ G _
MOTOROLA SYSTEM SUPPORT SCHAUMBUR IL
CENTER - NETWORK MGMT 00067 G
MOTOROLA SYSTEM SUPPORT SCHAUMBUR IL
CTR -CALL CENTER 00066 G
MOTOROLA SYSTEM SCHAUMBUR IL
SUPPORT - TECHNICAL SUPPORT G
00068
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL
CONTROL COMMUNICATIONS DAVIE FL _
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I received Statements of Work that describe the services provided on this
Agreement. Motorola's Service Terms and Conditions, a copy of which is
attached to this Service Agreement, is incorporated herein by this reference.
inrcr� ei IN/ MFtNAER _ ac-'
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
CU TC/vIER (PRINT NAME) `ry
)
MOTOROLA REPRESENTATIVE (SIG ATURE) TITLE DATE
Cindee Markes
MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX
APPROVED AS T. I 0
• ATTORNEY
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Customer: Boynton Beach, City of Effective: 10/1/2011
Qty Equipment Description
5 Quantar Repeaters
5 Gold Elite Consoles
12 XTL2500 Control Stations
5 RCH Digital Remote
1 Moscad (1 PC, 1 Laptop, 1 RTU)
1 Microwave/ Fiber Link tied into County's Microwave System
10 XTS1500 Fire Department
60 XTS2500
185 XTS5000
71 Astro Spectra Mobiles (Best Effort Support)
73 XTL2500
36 XTL5000
1 GenWatch Hardware Support Only included
System Description
1 Prime Site
1 Dispatch Center
5 Channels
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Service Terms and Conditions
Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ( "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.
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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.
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