CA Review CKM
Meeting Date: May 10, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Javier Ruiz, Public Safety Information Technology Manager [email protected], 760-931-2100
Christie Calderwood, Police Captain
[email protected], 760-931-2100
Subject: Approval of an Agreement for a Replacement Computer-Aided Dispatch System with the Option for an In-Car Video System
Recommended Action
Adopt a resolution either:
•Authorizing the City Manager to execute an agreement with Motorola Solutions, including related addenda and ordering documents, for the replacement of the Police Department’s computer-aided dispatch system for an amount not to exceed $1,856,620 (Exhibit 1); or
•Authorizing the City Manager to execute an agreement with Motorola Solutions, including related addenda and ordering documents, for the replacement of the Police Department’s computer-aided dispatch system and purchase of an in-car video system for 60 vehicles for an amount not to exceed $2,735,053 (Exhibit 2) Executive Summary
The Carlsbad Police Department uses a computer-aided system to dispatch its officers and track and record calls for service, with officers able to access the data from mobile computers in their cars.
The current system is 17 years old, seven years older than the typical lifespan of such a system, and in need of updating. The vendor is still providing the system, but is no longer updating the software.
On June 11, 2019, the City Council directed the city’s Information Technology Department, on behalf of the Police Department, to solicit proposals from firms interested and qualified to design, implement and support an off-the-shelf computer-aided dispatch system and mobile computing application.
Staff, working with a consultant, selected Motorola Solutions, a leading provider of software systems for police agencies, as the most qualified vendor for a replacement computer-aided dispatch system.
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The Police Department does not have an in-car video system, which departments across the country have installed to enhance officer safety and accountability, and to counter detainees’ false claims of mistreatment. Motorola offers an in-car video system that is interconnected to the computer-aided dispatch system, so that incidents and recordings can be automatically linked for later retrieval.
Staff recommend the City Council approve the purchase of a new computer-aided dispatch system and consider also acquiring the in-car video system. The resolutions offered as exhibits 1 and 2 would authorize the City Manager to execute the necessary agreement and related documents with Motorola.
The cost of replacing the Police Department’s computer-aided dispatch system with a modern Motorola system would be in an amount not to exceed $1,856,620.
Purchasing the in-car video system would cost an additional $878,433, for a total amount not to exceed $2,735,053. The city would also incur annual cellular service fees of $143,965, bringing the total project cost to $2,879,018 (as detailed in the Fiscal Analysis section below). Motorola is offering the city a $100,000 discount if the city purchases both systems together.
There is $1 million budgeted for the computer-aided dispatch system project in the Strategic Digital Transformation Investment Program, using the Technology Investment Capital Fund as the funding source. If the city only replaces the computer-aided dispatch system, an additional $173,000 – including $107,000 for contingencies – would need to be allocated to the project budget for the first year. If the city purchases the optional in-car video system, an additional $580,000 – again including $107,000 for contingencies – would need to be allocated to the project budget for the first year. The additional amount will be included as part of the fiscal year 2022-23 technology investment program budget to be submitted in coming months during the city’s annual budgeting process.
The agreement requires the City Council’s approval under Carlsbad Municipal Code Section
3.28.060 – Procurement of professional services and services, which establishes that the City Council must approve the procurement of professional services and services that will cost the city more than $100,000 per agreement year.
Discussion
The City of Carlsbad purchased its current Police Department dispatch system from Tiburon Inc. in 2005. Tiburon has since been bought by CentralSquare, which will continue to support the product but will no longer develop software for it. That means the system will not receive additional updates to enhance officer safety and make other improvements.
Motorola Solutions offers a computer-aided dispatch system that reports officers’ locations at all times, even when they are not in their vehicles. This real-time monitoring, which is not a capability of the current system, would provide a new level of officer safety.
The current system also lacks many features common to an updated, modern dispatch system, including:
• An app for use with mobile phones
• Navigation using Google maps and Apple maps
• Real-time status monitors
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• “Be on the lookout” notices with images
• Scalability to respond to major events or accommodate other agencies • Redundancy, with data stored in the cloud
• Instant messaging, from officer to officer or officer to dispatcher • Integration with various other databases for quick access to information • Dashboards for command staff to make informed decisions • Robust reporting features
• Premise and safety hazard details with images when a location is a known safety hazard • Crime center dashboard in dispatch center
• Real-time weather alerts
Proposed new system
On June 11, 2019, the City Council approved the hiring of DELTAWRX, a consultant that specializes in information technology, organizational planning and wireless communications within the public sector, to help city staff procure and implement a new computer-aided dispatch system. The DELTAWRX team has successfully consulted for over 200 organizations and has been serving public sector clients since 2000.
With the help of DELTAWRX, staff created a request for proposals, considered those that were received and selected the system offered by Motorola Solutions as the one that would work best and provide the best value to the city.
Staff recommend the city purchase Motorola Solution’s flagship PremierOne computer-aided dispatch system and mobile application along with Command Central Aware, its real-time crime center application. This solution includes all of the features listed above, which will increase operational efficiency for the department and the reliability of the system. These features will also enhance both officers’ and the public’s safety while enabling dispatchers, officers and command staff to make more timely and more informed decisions through better access to real-time data.
PremierOne is a cloud-based system that is both secure and flexible. It will allow for faster deployment and frequent updates, which enables the city to swiftly scale the system up as the needs of the department increase without the need for expensive hardware on site. The relative ease with which the system can be updated can keep the system up-to-date beyond the typical 10-15 year lifespan of a computer-aided-dispatch system.
In-car cameras
Motorola’s in-car video system, known as M500 In-Car Video, is the first artificial intelligence- enabled in-car video system offered for law enforcement. It has such features as automated recording of people placed in the back seat. The forward-facing camera can be used for automated license plate recognition and integrated into the department’s existing license plate reader program, putting an additional 60 mobile license plate readers onto the streets of Carlsbad. These cameras can give officers automatic alerts that the license number of a vehicle they have stopped has been flagged, providing an extra notification to officers if dispatchers are unable to do so.
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Such a system would increase awareness and safety for officers and detainees in patrol vehicles and bolsters transparency and accountability with the community. Documenting a crime or accident scene from multiple cameras can provide a more accurate record of what occurred.
A 2004 study by the International Association of Police Chiefs,1 prepared for the U.S.
Department of Justice’s Office of Community Oriented Policing Services, documented that in- car cameras provided a substantial value to agencies using them, including:
• Enhancing officer safety
• Improving accountability
• Reducing agency liability
• Simplifying incident review
• Enhancing new recruit and in-service training with post-incident use of videos • Improving community and media perceptions through increased public transparency • Advancing prosecutions and case resolution with additional evidence That report focused on forward-facing in-car cameras. Since it was written, the technology has advanced to include cameras that also capture the rear passenger area of patrol vehicles, where people are held after being detained. Along with the benefits listed above, such rear- facing in-car cameras capture images of what transpires inside a patrol car, which can refute or substantiate detainees’ claims of mistreatment.
A survey of other law enforcement agencies in San Diego County found that the California Highway Patrol and the UC San Diego Police Department have in-car video systems, while departments in Coronado, Oceanside and El Cajon are looking into acquiring them. Staff spoke to counterparts at agencies in Southern California outside of San Diego County that have in-car video systems. They said the benefits include:
• Video of pursuits, which currently cannot be captured with body-worn cameras • Video in the backseat of patrol vehicles, which include suspects speaking to each other when they believe an officer is not listening, and potentially confessing to serious crimes • Ability to retrace the officer’s route and measure the exact distance for reporting, which is important for documentation and prosecution
Staff’s recommendation
The new computer-aided dispatch system, combined with the in-car video system, will make our officers safer, make the department more effective and enable it to provide a greater level of service, while increasing public transparency and officer accountability.
Staff recommend the City Council adopt one of the two resolutions offered as Exhibits 1 and 2, either:
• Authorizing the City Manager to execute an agreement with Motorola, including related addenda and ordering documents, for the replacement of the Police Department’s computer-aided dispatch system for an amount not to exceed $1,856,620 - or -
1 The Impact of Video Evidence on Modern Policing,
https://bja.ojp.gov/sites/g/files/xyckuh186/files/bwc/pdfs/iacpin-carcamerareport.pdf May 10, 2022 Item #11 Page 4 of 604
• Authorizing the City Manager to execute an agreement with Motorola, including related addenda and ordering documents, for the replacement of the Police Department’s computer-aided dispatch system and the purchase of an in-car video system for 60 vehicles for an amount not to exceed $2,735,053
Future staffing
It is important to note that as the city acquires additional technology to be more efficient, stay up to date with the emerging trends and continue to provide the best possible service to our residents, there will be a need in the future to also add Information Technology Department personnel that will be able to assist in the upkeep, maintenance and overall day-to-day operation of such technology. It is anticipated that in the budget requests for fiscal year 2023- 24, staff will request an additional Information Technology Department employee to assist with the new computer-aided dispatch system, additional in-car video system and, the other potential technological upgrades within the Police Department in years to come.
The future of policing with technological advances in a smart city such as ours, relies on a “connected city.” The future vision of the Police Department is to have a command center, also known as a real-time crime center, with a connection to body-worn cameras, license plate reader cameras, in-car videos, smart phone applications and other advances in technology that are all connected for crime response and investigative follow-up.
Options
Option 1) Authorize the City Manager to execute agreement with Motorola, including related addenda and ordering documents, for the replacement of the Police Department’s computer- aided dispatch system for an amount not to exceed $1,856,620 over six years.
Pros
• Enhances officers’ and the public’s safety
• Current system is outdated, no longer being updated
• Improves department’s operational efficiency
• Provides a more reliable platform
• Cloud-based, so scalable without new hardware costs
• Because Carlsbad would be among the early adopters of this technology, the vendor has promised to be attentive to the department’s needs as it implements and updates the system
Cons
• Cost to the city of replacing the existing computer-aided system • Ongoing costs in future years, detailed below
Option 2) Authorize the City Manager to execute agreement with Motorola Solutions, including related addenda and ordering documents, for the replacement of the Police Department’s computer-aided dispatch system and the purchase of an in-car video system for 60 vehicles for an amount not to exceed $2,735,053 and a total project cost with cellular service fees not to exceed $2,879,018 over six years.
Pros
• Also enhances officers’ and the public’s safety and offers the other benefits listed above
• Allows for greater accountability
May 10, 2022 Item #11 Page 5 of 604
• Reduces potential for liability; inaccurate allegations can be refuted by video recordings
• Benefits for incident reviews, training and criminal prosecutions • Cameras would be linked to dispatch system
• Increases public transparency
Cons
• Adds $580,000 to the cost of the project implementation Option 3) Not update the computer-aided dispatch system or acquire the in-car video system. • The Police Department would continue to use the current computer-aided dispatch system but, due to the system’s age and because it will not be updated, would likely encounter challenges and problems that would result in a later request for an updated system.
• While this would save the city the budgeted and non-budgeted expense of these improvements, the cost of both recommended improvements would likely be greater at that later time.
Staff recommend either Option 1 or Option 2
Fiscal Analysis
Agreement and service costs
Replacing the Police Department’s computer-aided dispatch system with the Motorola Solutions system would cost $1,856,620. Purchasing the in-car video system at the same time would cost $1,022,398 more, which includes the $100,000 discount available if both systems are purchased at the same time. It also includes the cost of cellular service for the in-car video system.
Budget
The project budget requirements will depend on the option selected.
If Option 1 is selected, a total of $1,173,000 is needed for implementation and first-year costs.
If Option 2 is selected, a total is $1,580,000 is needed for implementation and first-year costs (see table below). Both totals include an estimated project contingency of $107,000 to cover the unexpected costs and incidentals associated with the implementation of new system.
May 10, 2022 Item #11 Page 6 of 604
O~tlon 1 oetion 2 Dffference
Ag reemen s
lmplementa ion & 1st Year Maintenance $ 1,065,179 $ 1,470,652 $ 405,473 Compu er-aided dispa ch main enance Years 2~6 791,441 791,441 ln~car video Main enance Yea rs 2-5 NA 472,960 472,960
Total Agreemen sCos 1,856,620 2,735,053 878,433
Services
Cellular Cos Yea rs 1-5 NA 143,965 143,965
To al Cos oflni ial Ag reemen & Service:S $ 1,856,620 $ 2,879,018 $ 1,022,398
There is $1 million budgeted in the Strategic Digital Transformation Investment Program for the project using the Technology Investment Capital Fund as the funding source. Depending on the option selected, a budget increase of $173,000 or $580,000 will be required from the Technology Investment Capital Fund. Staff will include this increase in the FY 2022-23 technology investment program budget to be submitted during the city’s submittal within the annual budgeting process. Future years’ maintenance and cellular service will be included in future years’ budgets.
Ongoing costs
Staff expect that the Information Technology Department will require an increase to its operating budget for fiscal year 2023-24 to cover the higher maintenance cost associated with the new systems.
The maintenance for the current dispatch system is part of the Information Technology Department’s operating budget and is charged back to the Police Department through the internal service fund process. Staff estimate that an increase of $18,288 for Option 1 and an increase of $165,321 for Option 2 would be required in the amount charged back each year starting in FY 2023-24. The increase would be included in the annual budget process when appropriate.
Next Steps
With the City Council’s approval of either Option 1 or Option 2, the Deputy City Manager of Administrative Services or a designee will appropriate the amount to the Police Department’s Information Technology operating budget. A purchase order will then be opened to begin the purchasing process with the vendor. It is expected that the vendor can begin work in early June 2022.
Staff would return to the City Council at the end of the six-year agreement term to request it be extended by amendment, if appropriate.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to Option 1 Option 2 Difference
Project budget requirements 1,065,179$ 1,470,652$ 405,473$ Contingency of implementation and first-year costs 107,000 107,000 - Total project budget requirements 1,172,179 1,577,652 405,473 Current Strategic Digital Investment Program budget 1,000,000 1,000,000 - Additional budget required in FY 2022-23 173,000 580,000 407,000 Total Strategic Digital Investment Program budget 1,173,000$ 1,580,000$ 407,000$ Option 1 Option 2 Difference
Annual maintenance requirements - Starting year 2 158,288$ 305,321$ 147,033$ Current budget offset in IT Department (140,000) (140,000) - Estimated additional Operating Budget requirement 18,288$ 165,321$ 147,033$ May 10, 2022 Item #11 Page 7 of 604
cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. It therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution for updating computer-assisted dispatch system
2. City Council resolution for updating computer-assisted dispatch system and purchasing in- car video system
May 10, 2022 Item #11 Page 8 of 604
Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MOTOROLA SOLUTIONS, INCLUDING RELATED
ADDENDA AND ORDERING DOCUMENTS, FOR A REPLACEMENT COMPUTER- AIDED DISPATCH SYSTEM IN AN AMOUNT NOT TO EXCEED $1,856,620
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the best interest of the city to replace the Police Department’s computer-aided dispatch (CAD) system; and WHEREAS, the existing CAD system is 17 years old and has reached the end of its typical lifespan and is in need of updating, but the vendor is no longer updating the system’s software; and WHEREAS, the Police Department solicited proposals from firms interested in and qualified to design, implement and support an off-the-shelf CAD system and mobile computing application; and WHEREAS, staff selected Motorola Solutions as the replacement system vendor following a formal proposal process; and
WHEREAS, Motorola Solutions’s CAD system offers features that will enhance officer safety and accountability, such as real-time monitoring of officers’ locations, premise and hazard details with images, real-time weather alerts, and integration with various other databases; and WHEREAS, the total cost of the system is $1,856,620, with $1,065,179 due the first year and $158,288 per year for the next five years for maintenance services; WHEREAS, an additional one-time amount of $107,000 is requested to cover unexpected costs and incidentals associated with implementation of the system; and WHEREAS, there is $1,000,000 currently appropriated for this project in the Strategic Digital Transformation Investment Program; and
WHEREAS, an additional project budget of $173,000 will be requested in fiscal year 2022-23 from the Technology Investment Capital Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager is authorized to execute the agreement with Motorola Solutions, including related addenda and ordering documents (Attachments A and B) for a replacement CAD system in an amount not to exceed $1,856,620.
May 10, 2022 Item #11 Page 9 of 604
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
May 10, 2022 Item #11 Page 10 of 604
Attachment A
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DocuSign Envelope ID: AB2013B4-94BF-480C-8860-74DCD9D59AF5 Master Customer Agreement
This Master Customer Agreement (the "MCA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below ("Customer''). Motorola and Customer will each be referred to herein as a "Party" and collectively as the "Parties". This Agreement (as defined below) is effective as of the date of the last signature (the "Effective Date").
1. Agreement.
1.1. Scope: Agreement Documents. This MCA governs Customer's purchase of Products (as defined below) and Services (as defined below) from Motorola. Additional terms and conditions applicable to specific Products and Services are set forth in one or more addenda attached to this MCA (each an "Addendum", and collectively the· "Addenda"). In addition, the Parties have agreed upon the Cost Summary, Payment Schedule, Solution Description, Statement of Work, Project Schedule, Training Plan, Maintenance and Support Agreement (and exhibits) and Motorola's response to the City's RFP and other ordering documents setting forth the Products and Services to be purchased by Customer and provided by Motorola and additional rights and obligations of the Parties (the "Ordering Documents"). To the extent required by applicable procurement law, a proposal submitted by Motorola in response to a competitive procurement process will be included within the meaning of the term Ordering Documents. This MCA, the Addenda, and any Ordering Documents collectively form the Parties' "Agreement".
1.2. Order of Precedence. Each Addendum will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in such Addendum. Each Ordering Document will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described on such Ordering Document. Among the Ordering Documents, later dated documents take precedence over earlier dated documents.
2. Products and Services.
2.1. Products. Motorola will (a) sell hardware provided by Motorola ("Equipment'), (b) license software which is either preinstalled on Equipment or installed on Customer-Provided Equipment (as defined below) and licensed to Customer by Motorola for a perpetual or other defined license term ("Licensed Software"), and (c) license cloud-based software as a service products and other software which is either preinstalled on Equipment or installed on Customer-Provided Equipment, but licensed to Customer by Motorola on a subscription basis ("Subscription Software") to Customer, to the extent each is set forth in an Ordering Document, for Customer's own use in accordance with this Agreement. The Equipment, Licensed Software, and Subscription Software shall collectively be referred to herein as "Products", or individually as a "Product'. At any time during the Term (as defined below), Motorola may substitute, with Customer's approval, any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in the applicable Ordering Documents.
2.2. Services.
2.2.1. Motorola will provide services related to purchased Products ("Services"), to the extent set forth in an Ordering Document.
2.2.2. Integration Services: Maintenance and Support Services. If specified in an Ordering Document, Motorola will provide, for the term of such Ordering Document, (a) design, deployment, and integration Services in order to design, 1 May 10, 2022 Item #11 Page 12 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 install, set up, configure, and/or integrate the applicable Products at the applicable locations ("Sites"), agreed upon by the Parties ("Integration Services"), or (b) break/fix maintenance, technical support, or other Services (such as software integration Services) ("Maintenance and Support Services"), each as further described in the applicable statement of work. Maintenance and Support Services and Integration Services will each be considered "Services", as defined above.
2.2.3. Service Ordering Documents. The Fees for Services will be set forth in an Ordering Document and any applicable project schedules. A Customer point of contact will be set forth in the applicable statement of work for the Services.
2.2.4. Service Completion. Unless otherwise specified in the applicable Ordering Document, Services described in an Ordering Document will be deemed complete upon Motorola's performance of all Services listed in such Ordering Document ("Service Completion Date"); provided, however, that Maintenance and Support Services may be offered on an ongoing basis during a given Ordering Document term, in which case such Maintenance and Support Services will conclude upon the expiration or termination of such Ordering Document.
2.3. Non-Preclusion. To the extent permitted by law, if, in connection with the Products and Services provided under this Agreement, Motorola makes recommendations, including a recommendation to purchase other products or services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer.
2.4. Customer Obligations. Customer will ensure that information Customer provides to Motorola in connection with receipt of Products and Services are accurate and complete in all material respects. Customer will make decisions within a reasonable time and obtain any required management or City Council approvals that are reasonably necessary for Motorola to provide the Products and Services and perform its other duties under this Agreement. Unless the applicable Ordering Document states otherwise, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions or Customer information, decisions, or approvals described in this Section. If any assumptions in the Ordering Documents or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its material obligations under this Agreement, Motorola's ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required.
2.5. Documentation. Products and Services may be delivered with documentation for the Equipment, software Products, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information (collectively, "Documentation"). Documentation is and will be owned by Motorola, unless otherwise expressly agreed in an Addendum or Ordering Document that certain Documentation will be owned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products and Services.
2.6. Motorola Tools and Equipment. As part of delivering the Products and Services, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on an Ordering Document. 2 May 10, 2022 Item #11 Page 13 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5
2.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users' names, passwords and login credentials for access to Products and Services. "Authorized Users" are Customer's employees or full-time contractors engaged for the purpose of supporting the Products and Services that are not employees, contractors or competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies.
2.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products and Services in any jurisdiction in which the provision of such Products and Services is prohibited under applicable laws or regulations (a "Prohibited Jurisdiction"), and Customer will not provide access to the Products and Services to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located.
2.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or an Ordering Document by submitting a change order to the other Party (each, a "Change Order"). Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties. If an executed Change Order causes an increase or decrease in the Products or Services, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters.
3. Term and Termination.
3.1. Term. The term of this MCA ("Term") will commence on the Effective Date and continue until six (6) months after the later of (a) the termination, expiration, or discontinuance of services under the last Ordering Document in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein. The applicable Addendum or Ordering Document will set forth the term for the Products and Services governed thereby.
3.2. Termination. Either Party may terminate the MCA or the applicable Addendum or Ordering Document if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Ordering Document may be separately terminable as set forth therein.
3.3. Suspension of Services. After reasonable notice and an opportunity to cure, Motorola may terminate or suspend any Products or Services under an Ordering Document if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola's ability to perform. 3 May 10, 2022 Item #11 Page 14 of 604
DocuSlgn Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5
3.4. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at Motorola's option) all Motorola Materials and Motorola's Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Products and Services already delivered. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer's termination of this Agreement. Upon termination, Customer may download Customer Data or may request a quotation to engage Motorola to provide such services to download Customer Data.
3.5. Termination for Convenience. Customer may terminate this Agreement or applicable Addendum or Ordering Document by providing sixty (60) days' written notice to Motorola. City will pay Motorola for Products delivered or Services satisfactorily performed up to the effective date.
4. Payment and Invoicing.
4.1. Fees. Fees and charges applicable to the Products and Services (the "Fees") will be as set forth in the applicable Addendum or Ordering Document. Changes in the scope of Services described in an Ordering Document may require an adjustment to the Fees due under such Ordering Document. If a specific invoicing or payment schedule is set forth in the applicable Addendum or Ordering Document, such schedule will apply solely with respect to such Addendum or Ordering Document.
4.2. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, "Taxes"), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes within thirty (30) days after Customer's receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth. The City of Carlsbad is not subject to Taxes related to this Agreement.
4.3. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in the applicable Addendum or Ordering Document.
Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document.
5. Sites; Customer-Provided Equipment; Non-Motorola Content.
5.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola's access to the Sites. ·
5.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines 4 May 10, 2022 Item #11 Page 15 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9O59AF5 (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services.
5.3. Site Issues. Motorola will have the right, with advance notice and Customer supervision, to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 5 -Sites; Customer-Provided Equipment; Non-Motorola Content. If Motorola or Customer identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in an Ordering Document is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Ordering Document.
5.4. Customer-Provided Equipment. Certain components, including equipment and software, not provided by Motorola may be required for use of the Products and Services ("Customer- Provided Equipment"). Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer-Provided Equipment to provide the Products and Services under this Agreement, and such access and use will not violate any laws or infringe any third- party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer-Provided Equipment, and Customer will immediately notify Motorola of any Customer-Provided Equipment damage, loss, change, or theft that may impact Motorola's ability to provide the Products and Services under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document.
5.5. Non-Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third-party software, services, content, and data that is not provided by Motorola (collectively, "Non-Motorola Content") with or through the Products and Services. If Customer accesses, uses, or integrates any Non-Motorola Content with the Products or Services, Customer will first obtain all necessary rights and licenses to permit Customer's and its Authorized Users' use of the Non-Motorola Content in connection with the Products and Services. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Content in connection with providing the Products and Services, including the right for Motorola to access, store, and process such Non-Motorola Content (e.g., in connection with Subscription Software), and to otherwise enable interoperation with the Products and Services. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non-Motorola Content with the Products and Services, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non-Motorola Content. If any Non-Motorola Content requires access to Customer Data (as defined below), Customer hereby authorizes Motorola to allow the provider of such Non-Motorola Content to access Customer Data, in connection with the interoperation of such Non-Motorola Content with the Products and Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non-Motorola Content (including any disclosure, modification, or deletion of Customer Da.ta resulting from use of Non- Motorola Content or failure to properly interoperate with the Products and Services). If Customer receives written notice that any Non-Motorola Content must be removed, modified, or disabled within the Products or Services, Customer will promptly do so as soon as reasonably practicable.
Motorola will have the right to disable or remove Non-Motorola Content if Motorola believes a violation of law, third-party rights, or Motorola's policies is likely to occur, or if such Non-Motorola 5 May 10, 2022 Item #11 Page 16 of 604
DocuSign Envelope ID: A8201384-948F-480C-B860-74DCD9D59AF5 Content poses or may pose a security or other risk or adverse impact to the Products or Services, Motorola, Motorola's systems, or any third party (including other Motorola customers) after providing reasonable notice. Nothing in this Section will limit the exclusions set forth in Section
7.2 -Intellectual Property Infringement.
6. Representations and Warranties.
6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party.
6.2. Motorola Warranties. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Ordering Document; and (b) for a period of one hundred-eighty (180) days commencing upon the Service Completion Date for one-time Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Ordering Document. Motorola provides other express warranties for Motorola-manufactured Equipment, Motorola-owned software Products, and certain Services. Such express warranties are included in the applicable Addendum or Ordering Document. Such representations and warranties will apply only to the applicable Product or Service that is the subject of such Addendum or Ordering Document.
6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly set forth for a particular warranty under an Addendum, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non-conforming Product or re-perform any non-conforming Service, at its option. Such remedies are Customer's sole and exclusive remedies for Motorola's breach of a warranty.
Motorola's warranties are extended by Motorola to Customer only, and are not assignable or transferrable.
6.4. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third-party software or hardware provided by Motorola; provided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, Motorola will pass through express warranties provided by such third parties.
6.5. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH
WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED "AS IS" AND WITH ALL FAUL TS. WARRANTIES SET FORTH
IN THE AGREEMENT ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS AND
SERVICES AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY. MOTOROLA DOES NOT
REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET CUSTOMER'S PARTICULAR REQUIREMENTS.
7. Indemnification.
6 May 10, 2022 Item #11 Page 17 of 604
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7.1. Mutual Indemnification. Subjectto the limitations Paragraphs 8.1 and 8.2, each Party shall defend, indemnify, and hold harmless the other Party (including its elected and appointed officials, officers, employees, agents, and affiliated or subsidiary entities) against any claim, loss or liability (including reasonable attorney fees) ("Claim") for personal injury, death, or direct damage to tangible property to the extent it is caused by the Party's negligence while performing its duties under of this Agreement. A Party's duties under this Section 7.1 -Mutual Indemnification are conditioned upon the other Party providing prompt written notification of the Claim and reasonable cooperation and assistance in the defense of the Claim. Nothing contained in this agreement shall be construed as a waiver of any immunities or defenses a Party may have under applicable provisions of the law.
7.2. Intellectual Property Infringement. Motorola will defend Customer against any third-party claim alleging that a Motorola-developed or manufactured Product or Service (the "Infringing Product") directly infringes a United States patent or copyright ("Infringement Claim"), and Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction. for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola's duties under this Section 7.2 -Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim.
7.2.1 . If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non-infringing; or (c) grant Customer (i) a pro-rated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is a software Product, i.e., Licensed Software or Subscription Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded software).
7.2.2. In addition to the other damages disclaimed under this Agreement, Motorola will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-Motorola Content, or third-party provided equipment, hardware, software, data, or other third-party provided materials; (b) the combination of the Product or Service with any products or materials not provided by Motorola or Products or Services that are not a material part of the alleged patented invention and are not suitable for substantial non-infringing use; (c) while this Agreement does not contemplate any custom designs, modifications, or manufacturing of Products or Services, in the event of such occurrence, a Product or Service designed, modified, or manufactured in accordance with Customer's designs, specifications, guidelines or instructions; (d) a modification of the Product or Service by a party other than Motorola; (e) use of the Product or Service in a manner for which the Product or Service was not authorized or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product or Service that is intended to correct the claimed infringement.
7.2.3. This Section 7.2 -Intellectual Property Infringement provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. For clarity, the rights and remedies provided in this Section 7 May 10, 2022 Item #11 Page 18 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCO9O59AF5 are subject to, and limited by, the restrictions set forth in Section 8 -Limitation of Liability below.
8. Limitation of Liability.
8.1 . DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY
OR DEATH, MOTOROLA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "MOTOROLA PARTIES") WILL NOT BE LIABLE IN CONNECTION
WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA'S INDEMNITY OBLIGATIONS, A
CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR
OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF
MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE. EXCEPT FOR PERSONAL INJURY OR DEATH, THE
CUSTOMER, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "CUSTOMER PARTIES") WILL NOT BE LIABLE IN CONNECTION
WITH THIS AGREEMENT (WHETHER UNDER CUSTOMER'S INDEMNITY OBLIGATIONS, A
CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR
OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF
CUSTOMER HAS BEEN ADVISED BY MOTOROLA OR ANY THIRD PARTY OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE.
8.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL
AGGREGATE LIABILITY OF THE MOTOROLA PARTIES, WHETHER BASED ON A CLAIM IN
CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE
AGREEMENT WILL NOT EXCEED THE FEES SET FORTH IN THE ORDERING DOCUMENT(S) UNDER WHICH THE CLAIM AROSE. NOTWITHSTANDING THE
FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR FOR ANY RECURRING
SERVICES, THE MOTOROLA PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATED TO
SUCH PRODUCT OR RECURRING SERVICES IN THE AGGREGATE WILL NOT EXCEED
THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICES, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE. EXCEPT
FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF THE
CUSTOMER PARTIES, WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW
OR EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED
THE FEES SET FORTH IN THE ORDERING DOCUMENT(S) UNDER WHICH THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR
FOR ANY RECURRING SERVICES, THE CUSTOMER PARTIES'TOTAL LIABILITY FOR ALL
CLAIMS RELATED TO SUCH PRODUCT OR RECURRING SERVICES IN THE AGGREGATE
WILL NOT EXCEED THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICES, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12)
MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE.
8.3. · ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) 8 May 10, 2022 Item #11 Page 19 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74OCD9D59AF5
CUSTOMER DAT A, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DA TA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER-PROVIDED
EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY PROVIDED
MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE
FOREGOING UNLESS THE COMBINATION WAS ANTICIPATED IN THE ORDERING DOCUMENT(S) FOR THE PRODUCTS OR SERVICES; (C) LOSS OF DATA OR HACKING; (D)
MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA
UNLESS AUTHORIZED BY MOTOROLA OR ANTICIPATED IN THE ORDERING DOCUMENT(S) FOR THE PRODUCTS OR SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS NOT PROVIDED BY MOTOROLA; OR (G) CUSTOMER'S OR
ANY AUTHORIZED USER'S MATERIAL BREACH OF THIS AGREEMENT OR INTENTIONAL MISUSE OF THE PRODUCTS AND SERVICES.
8.4. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 -Additional Exclusions above.
8.5. Statute of Limitations. Customer may not bring any claims against a Motorola Party in connection with this Agreement or the Products and Services more than one (1) year after the date of accrual of the cause of action.
9. Confidentiality.
9.1. Confidential Information. "Confidential Information" means any and all non-public information provided by one Party ("Discloser") to the other ("Recipient") that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent. With respect to Motorola, Confidential Information may include Documentation. In order to be considered Confidential Information, information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by Discloser by submitting a written document to Recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.
9.2. Obligations of Confidentiality. During the Term and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (a) not disclose Confidential Information to any third party, except as expressly permitted in this Section 9 -Confidentiality; (b) restrict disclosure of Confidential Information to only those employees (including, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must access the Confidential Information for the purpose of, and who are bound by confidentiality terms substantially similar to those in, this Agreement; (c) not copy, reproduce, reverse engineer, de-compile or disassemble any Confidential Information; (d) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (e) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (f) only use the Confidential Information as needed to fulfill its obligations and secure its rights under this Agreement.
9.3. Exceptions. Recipient is not obligated to maintain as confidential any information that Recipient can demonstrate by documentation (a) is publicly available at the time of disclosure or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality to Discloser; (c) is otherwise lawfully known to Recipient 9 May 10, 2022 Item #11 Page 20 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 prior to such disclosure without a duty of confidentiality to Discloser; or (d) is independently developed by Recipient without the use of, or reference to, any of Discloser's Confidential Information or any breach of this Agreement. Additionally, Recipient may disclose Confidential Information to the extent required by law, including a judicial or legislative order or proceeding.
9.4. Ownership of Confidential Information. All Confidential Information is and will remain the property of Discloser and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of Discloser's written request, Recipient will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and (b) Confidential Information that has been automatically stored .in accordance with Recipient's standard backup or recordkeeping procedures, provided, however that Recipient will remain subject to the obligations of this Agreement with respect to any Confidential Information retained subject to clauses (a) or (b). No license, express or implied, in the Confidential Information is granted to the Recipient other than to use the Confidential Information in the manner and to the extent authorized by this Agreement.
Discloser represents and warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
10. Proprietary Rights; Data; Feedback.
10.1. Data Definitions. The following terms will have the stated meanings: "Customer Contact Data" means data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales purposes; "Service Use Data" means data generated by Customer's use of the Products and Services or by Motorola's support of the Products and Services, including personal information, product performance and error information, activity logs and date and time of use; "Customer Data" means data, information, and content, including images, text, videos, documents, audio, telemetry, location and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Products and Services.
Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third-Party Data or Motorola Data; "Third-Party Data" means information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Products or Services; "Motorola Data" means data owned or licensed by Motorola; "Feedback" means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services; and "Process" or "Processing" means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
10.2. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party) (collectively, "Motorola Materials"). The Products and Services, Motorola Data, Third-Party Data, and Documentation, are considered Motorola Materials. Except when Motorola has expressly transferred title or other interest to Customer by way of an 10 May 10, 2022 Item #11 Page 21 of 604
DocuSign Envelope ID: AB201384-94BF--4B0C-B860-74DCD9D59AF5 Addendum or Ordering Document, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so.
10.3. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process and use the Customer Data as set forth in Section 10.4 -Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola is the processor, and may engage sub-processors pursuant to Section 10.4.3 -Sub-processors.
10.4. Processing Customer Data.
Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and subcontractors designated within this agreement a right to use Customer Data to (a) perform Services and provide Products under the Agreement, and (b) analyze the Customer Data to operate, maintain, manage, and improve Motorola Products and Services for Customer. Customer Data shall not be used for demonstration or testing purposes for products, services and uses by Motorola or any subcontractor that is beyond the scope of products delivered as part of this agreement unless authorized in writing by Customer. Customer agrees that this Agreement, along with the Documentation, are Customer's complete and final documented instructions to· Motorola for the processing of Customer Data.
Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents and warrants to Motorola that Customer's instructions, including ·appointment of Motorola as a processor or sub-processor, have been authorized by the relevant controller.
10.4.1. Collection, Creation, Use of Customer Data. Customer further represents and warrants that the Customer Data, Customer's collection, creation, and use of the Customer Data (including in connection with Motorola's Products and Services), and Motorola's use of such Customer Data in accordance with the Agreement, will not violate any laws or applicable privacy notices or infringe any third-party rights (including intellectual property and privacy rights). Customer also represents and warrants that the Customer Data will be accurate and complete, and that Customer has obtained all required consents, provided all necessary notices, and met any other applicable legal requirements with respect to collection and use (including Motorola's and its subcontractors' use) of the Customer Data as described in the Agreement.
10.4.2. Sub-processors. Customer agrees that Motorola may engage sub-processors who in turn may engage additional sub-processors to Process data in accordance with this Agreement. When engaging sub-processors, Motorola will enter into 11 May 10, 2022 Item #11 Page 22 of 604
DocuSign Envelope ID: AB201384-948F-4B0C-B860-74DCD9D59AF5 agreements with the sub-processors to bind them to data processing obligations to the extent required by law.
10.5_ Data Retention and Deletion. Except for anonymized Customer Data, as described above, or as otherwise provided under the Agreement, Motorola will delete all Customer Data following termination or expiration of this MCA or the applicable Addendum or Ordering Document, with such deletion to occur no later than one-hundred eighty (180) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writing before expiration or termination, subject to Section 13.9 -Notices. Motorola will have no obligation to retain such Customer Data beyond ·expiration or termination unless the Customer has purchased extended storage from Motorola through a mutually executed Ordering Document.
10.6. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users. Service Use Data may be not be disclosed to third parties unless expressly authorized by law and only with Customer's prior approval.
10.7. Third-Party Data and Motorola Data. Motorola Data and Third-Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use Motorola Data and Third-Party Data as permitted by Motorola and the applicable Third-Party Data provider, as described in the applicable Addendum. Unless expressly permitted in the applicable Addendum or required by law, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third-Party Data for any purpose other than Customer's internal business purposes; (b) disclose the data to third parties; (c) "white label" such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. To the degree Motorola Data and Third-Party Data is required by law to be released or used, Customer will notify Motorola as soon as reasonably practicable. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third-Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this MCA.
Further, after providing reasonable notice and an opportunity to cure, Motorola or the applicable Third-Party Data provider may suspend, change, or terminate Customer's or any Authorized User's access to Motorola Data or Third-Party Data if Motorola or such Third-Party Data provider believes Customer's or the Authorized User's use of the data violates the Agreement, applicable law or Motorola's agreement with the applicable Third-Party Data provider. Upon termination of Customer's rights to use any Motorola Data or Third-Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola.
10_8. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, unless designated in writing as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.
12 May 10, 2022 Item #11 Page 23 of 604
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10.9. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this MCA or the Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.
11. Force Majeure; Delays Caused by Customer.
11.1. Force Majeure. Except for Customer's payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule.
11.2. Delays Caused by Customer. Motorola's performance of the Products and Services will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in this Agreement (including in any Addendum or Ordering Document). In the event of a delay under this Section 11.2 -Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing via a mutually executed change order or new or additional Ordering Documents) upon a reasonable extension to any applicable performance schedule, and (c) Customer will compensate Motorola for its out-of-pocket costs incurred due to the delay (including those incurred by Motorola's affiliates, vendors, and subcontractors) as agreed upon in a mutually executed change order. ·
12. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a "Dispute"):
12.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of California.
12.2. Negotiation; Mediation. Either Party may initiate dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute") to the other Party. The Parties will attempt to resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute (and who are at a higher level of management than the persons with direct responsibility for the matter). If a Dispute is not resolved through negotiation, either Party may initiate mediation by sending a notice of mediation ("Notice of Mediation") to the other Party. The Parties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith. All in person meetings under this Sectiori 12.2 - Negotiation; Mediation will take place virtually or in northern San Diego County, California, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola's intellectual property rights will not be subject to negotiation or mediation in accordance with this Section, but instead will be decided by a court of competent jurisdiction, in accordance with Section 12.3 -Litigation, Venue, Jurisdiction below.
13 May 10, 2022 Item #11 Page 24 of 604
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12.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within one hundred twenty (120) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in San Diego County, California. Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation.
13. General.
13.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users' use of the Products and Services complies with law (including privacy laws), and Customer will obtain any FCC and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users' use of the Products and Services. After providing reasonable prior notice and the opportunity to cure, Motorola may, at its discretion, cease providing or otherwise modify Products and Services (or any terms related thereto in an Addendum or Ordering Document), in order to comply with any changes in applicable law.
13.2. Audit; Monitoring. Subject to CJIS compliance, Customer-approved Motorola personnel will have the right to monitor and audit use of the Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Motorola in any monitoring or audit. Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this Agreement to verify compliance with this Agreement. Motorola or a third party ("Auditor") may inspect Customer's and, as applicable, Authorized Users' premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs
13.3. .Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party, which shall not be unreasonably withheld. Subject to the foregoing , this Agreement will be binding upon the Parties and their respective successors and assigns.
13.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation. All waivers must be in writing and signed by the Party waiving its rights.
13.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law.
13.6. 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.
14 May 10, 2022 Item #11 Page 25 of 604
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13.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third-party beneficiary of this Agreement.
13.8. Interpretation. The section headings in this Agreement are included only for convenience The words "including" and "include" will be deemed to be followed by the phrase "without limitation". This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
13.9. 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 provided by the other Party by certified mail, return receipt requested and postage prepaid ( or by a recognized courier service, such as FedEx, UPS, or DHL), and will' be effective upon receipt.
13.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.
13.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2.4 -Customer Obligations; Section 3.4 -Effect of Termination or Expiration; Section 4 -Payment and Invoicing; Section 6.5 -Warranty Disclaimer; Section 7.1 -General Indemnity; Section 8 -Limitation of Liability; Section 9- Confidentiality; Section 10 -Proprietary Rights; Data; Feedback; Section 11 -Force Majeure; Delays Caused by Customer; Section 12-Disputes; and Section 13-General.
13.12. Entire Agreement. This Agreement, including all Addenda and Ordering Documents, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. 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 or part of this Agreement, even if a representative of each .Party signs such document.
15 May 10, 2022 Item #11 Page 26 of 604
DocuSign Envelope ID: AB2013B4-94BF-4BOC-8860-74DCD9D59AF5
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR: Motorola Solutions, Inc.
(sign here)
Micah Applewhite
MSSSI Vice President & Director, SW Sales
(print name/title)
By:
(sign here)
(print name/title)
City of Carlsbad, a municipal corporation
of the State of California
By:
(INSERT TITLE OF PERSON AUTHORIZED TO SIGN
(City Manager or Mayor or Division Director as
authorized by the City Manager)
ATTEST:
FAVIOLA MEDINA
City Clerk Services Manager
If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f a corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: __________ _
Assistant City Attorney
16 May 10, 2022 Item #11 Page 27 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-8860-74DCD9D59AF5 Equipment Purchase and Software License Addendum
This Equipment Purchase and Software License Addendum (this "EPSLA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below or in the MCA ("Customer"), and will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties, effective as of [ 1 (the "MCA"). Capitalized terms used in this EPSLA, but not defined herein, will have the meanings set forth in the MCA.
1. Addendum. This EPSLA governs Customer's purchase of Equipment and license of Licensed Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties' Agreement.
2. Delivery of Equipment and Licensed Software.
2.1. Delivery and Risk of Loss. Motorola will provide to Customer the Products (and, if applicable, related Services) set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in the applicable Ordering Document or otherwise provided by Customer in writing, using a carrier selected by Motorola.
Notwithstanding the foregoing, delivery of Equipment (and any incorporated Licensed Software) will occur, and title and risk of loss for the Equipment will pass to Customer, upon receipt by Motorola in accordance with Ex Works, Motorola's premises (lncoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes. Delivery of Licensed Software for installation on Equipment or Customer-Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, and (b) the date Motorola otherwise makes the Licensed Software available for download by Customer. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Products.
2.2. Delays. Any shipping dates set forth in an Ordering Document are approximate, and while Motorola will make reasonable efforts to ship Products by any such estimated shipping date, Motorola will not be liable for any delay or related damages to Customer. Time for delivery will not be of the essence, and delays will not constitute grounds for cancellation, penalties, termination, or a refund.
2.3. Beta Services. If Motorola makes any beta version of a software application ("Beta Service") available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer's evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are offered "as-is" and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.
3. Licensed Software License and Restrictions.
3.1. Licensed Software License. Subject to Customer's and its Authorized Users' compliance with the Agreement (including payment terms), Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicensable, and non-exclusive license to use the Licensed Software identified in an Ordering Document, in object code form only, and the 17 May 10, 2022 Item #11 Page 28 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 associated Documentation, solely in connection with the Equipment provided by Motorola or authorized Customer-Provided Equipment (as applicable, the "Designated Products") and solely for Customer's internal business purposes. Unless otherwise stated in an Addendum or the Ordering Document, the foregoing license grant will be limited to the number of licenses set forth in the applicable Ordering Document and will continue for the life of the applicable Designated Product. Except as otherwise permitted in an applicable Addendum or Ordering Document, Customer may install, access, and use Licensed Software only in Customer's owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Licensed Software remotely from any location.
3.2. Subscription License Model. If the Parties mutually agree that any Licensed Software purchased under this EPSLA will be replaced with or upgraded to Subscription Software, then upon such time which the Parties execute the applicable Ordering Document, the licenses granted under this EPSLA will automatically terminate, and such Subscription Software will be governed by the terms of the applicable Addendum under this Agreement.
3.3. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Licensed Software is governed by a separate license, EULA, or other agreement, including terms governing third-party equipment or software, such as open source software, included in the Products and Services. Customer will comply, and ensure its Authorized Users comply, with any such additional terms applicable to third-party equipment or software.
3.4. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation in connection with their use of the Products. Customer will not and will not allow others, including the Authorized Users, to: (a) make the Licensed Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; (b) reverse engineer, disassemble, or reprogram the Licensed Software or any portion thereof to a human- readable form; (c) modify, create derivative works of, or merge the Licensed Software with other software or equipment; (d) copy, reproduce, distribute, lend, lease, or transfer the Licensed Software or Documentation for or to any third party without the prior express written permission of Motorola; (e) take any action that would cause the Licensed Software or Documentation to be placed in the public domain; (f) use the Licensed Software to compete with Motorola; or (g) remove, alter, or obscure, any copyright or other notice.
3.5. Copies. Customer may make one (1) copy of the Licensed Software solely for archival, back-up, or disaster recovery purposes during the term of the applicable Licensed Software license. Customer may make as many copies of the Documentation reasonably required for the internal use of the Licensed Software during such Licensed Software's license term. Unless otherwise authorized by Motorola in writing, Customer will not, and will not enable or allow any third party to: (a) install a licensed copy of the Licensed Software on more than one (1) unit of a Designated Product; or (b) copy onto or transfer Licensed Software installed in a unit of a Designated Product onto another device. Customer may temporarily transfer Licensed Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning. Temporary transfer of the Licensed Software to another device must be discontinued when the original Designated Product is returned to operation and the Licensed Software must be removed from the other device. Customer must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
3.6. Resale of Equipment. Equipment contains embedded Licensed Software. If Customer desires to sell its used Equipment to a third party other than for salvage/scrap, Customer must first receive prior written authorization from Motorola and obtain written acceptance of the 18 May 10, 2022 Item #11 Page 29 of 604
DocuSign Envelope ID: AB2013B4-94BF--4B0C-B860-74DCD9D59AF5 applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party.
4. Term.
4.1. Term. The term of this EPSLA (the "EPSLA Term") will commence upon either (a) the Effective Date of the MCA, if this EPSLA is attached to the MCA as of such Effective Date, or (b) the EPSLA Date set forth on the signature page below, if this EPSLA is executed after the MCA Effective Date, and will continue until the later of (i) three (3) years after the first order for Products is placed via an Ordering Document, or (ii) the expiration of all applicable warranty periods (as set forth in Section 6.1 -Motorola Warranties below) under this EPSLA, unless this EPSLA or the Agreement is earlier terminated in accordance with the terms of the Agreement.
4.2. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this EPSLA (and any Ordering Documents hereunder) immediately upon notice to Customer if Customer breaches Section 3 -Licensed Software License and Restrictions of this EPSLA, or any other provision related to Licensed Software license scope or restrictions set forth in an Ordering Document, EULA, or other applicable Addendum. For clarity, upon termination or expiration of the EPSLA Term, all Motorola obligations under this EPSLA (including with respect to Equipment and Licensed Software delivered hereunder) will terminate. If Customer desires to purchase additional Services in connection with such Equipment or Licensed Software, Customer may enter into a separate Addendum with Motorola, governing such Services.
Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Licensed Software and Documentation, and that Customer's breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity, including immediate injunctive relief and repossession of all non-embedded Licensed Software and associated Documentation.
5. Payment. Customer will pay invoices for the Products and Services provided under this EPSLA in accordance with the invoice payment terms set forth in the MCA. Generally, invoices are issued after receipt of Equipment or upon Motorola's delivery of Licensed Software (in accordance with Section 2.1 -Delivery and Risk of Loss), as applicable, but if a specific invoicing or payment schedule is set forth in the applicable Ordering Document, EULA or other Addendum, such schedule will control with respect to the applicable Products and Services referenced therein. Motorola will have the right to suspend future deliveries of Products and Services if Customer fails to make any payments when due.
6. Representations and Warranties; Liability.
6.1 . Motorola Warranties. Subject to the disclaimers and exclusions set forth in the MCA and this EPSLA, (a) for a period of one (1) year commencing upon the delivery of Motorola- manufactured Equipment under Section 2.1 -Delivery and Risk of Loss, Motorola represents and warrants that such Motorola-manufactured Equipment, under normal use, will be free from material defects in materials and workmanship; (b) to the extent permitted by the providers of third-party software or hardware included in the Products and Services, Motorola will pass through to Customer any warranties provided by such third parties, which warranties will apply for the period defined by the applicable third party.
6.2. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES
SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT
TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR
DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL 19 May 10, 2022 Item #11 Page 30 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9O59AF5 AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING,
MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER'S OR ANY AUTHORIZED USER'S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF
LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED SERVICES; OR (L) BET A SERVICES.
6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.2 -Additional Exclusions above.
7. Copyright Notices. The existence of a copyright notice on any Licensed Software will not be construed as an admission or presumption of publication of the Licensed Software or public disclosure of any trade secrets associated with the Licensed Software.
8. Survival. The following provisions will survive the expiration or termination of this EPSLA for any reason: Section 3 -Licensed Software License and Restrictions; Section 4-Term; Section 5 -Payment; Section 6.2 -Additional Exclusions; Section 8 -Survival. 20 May 10, 2022 Item #11 Page 31 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-8860-74DCD9D59AF5 Software Products Addendum
This Software Products Addendum (this "SPA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below or in the MCA ("Customer"), and will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties, effective as of [ ] (the "MCA"), and the applicable Addenda. Capitalized terms used in this SPA, but not defined herein, will have the meanings set forth in the MCA or the applicable Addenda.
1. Addendum. This SPA governs Customer's purchase of certain Motorola software Products, including Software Systems, and will form part of the Parties' Agreement. A "Software System" is a solution that includes at least one command center software Product and requires Integration Services to deploy such software Product at a Customer Site or onto any Customer-Provided Equipment or Equipment provided to Customer. In addition to the MCA, other Addenda may be applicable to the Software System or other software Products, including the Subscription Software Addendum ("SSA"), with respect to Subscription Software, and the Equipment Purchase and Software License Addendum ("EPSLA"), with respect to Licensed Software and Equipment, as further described below. This SPA will control with respect to conflicting terms in the MCA or any other applicable Addendum, but only as applicable to the Software System or other software Products purchased under this SPA and not with respect to other Products and Services.
2. Software Systems; Applicable Terms and Conditions.
2.1. On-Premise Software System. If Customer purchases an "on-premises Software System," where Equipment and Licensed Software are installed at Customer Sites or on Customer- Provided Equipment, then, unless the Ordering Document(s) specify that any software is being purchased on a subscription basis (i.e., as Subscription Software), such Equipment and Licensed Software installed at Customer Sites or on Customer-Provided Equipment are subject to the EPSLA. On-premises Software Systems described in this Section qualify for the System Warranty as described in Section 5 -On-Premises Software System Warranty (the "System Warranty"). In connection with the on-premises Software System, Customer may also purchase additional Subscription Software that integrates with its on-premises Software System (e.g., CommandCentral Aware) (each, an "Add-On Subscription"). Any Add-On Subscription will be subject to the terms and conditions of the SSA and excluded from the System Warranty.
2.2. On-Premise Software System as a Service. If Customer purchases an "on-premises Software System as a service," where Equipment and software Products are installed at Customer Sites or on Customer-Provided Equipment, and such software is generally licensed on a subscription basis (i.e., as Subscription Software), then such Subscription Software will be subject to the SSA and not the EPSLA. Any (a) Equipment purchased, (b) firmware preinstalled on such Equipment, and (c) Microsoft operating system Licensed Software are subject to the EPSLA. On-premises Software Systems as a service described in this Section are provided as a service and, accordingly, do not qualify for the System Warranty. System completion, however, is determined in accordance with the provisions of Section 3 -Software System Completion below.
2.3. Cloud Hosted Software System. If Customer purchases a "cloud hosted Software System," where the applicable software is hosted in a data center and provided to Customer as a service (i.e., as hosted Subscription Software), including CommandCentral Products, then such Subscription Software is subject to the SSA. Any Equipment purchased in connection with a cloud Software System is subject to the EPSLA. Cloud hosted Software Systems described in this 21 May 10, 2022 Item #11 Page 32 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-8860-74DCD9D59AF5 Section do not qualify for the System Warranty. System completion, however, is determined in accordance with the provisions of Section 3 -Software System Completion below.
2.4. Services. Any Integration Services or Maintenance and Support Services purchased in connection with, or included as a part of, a Software System are subject to the MCA, and as described in the applicable Ordering Document.
3. Software System Completion. Any Software System described in an Ordering Document hereunder (including the Products, Integration Services, and all other components thereof) will be deemed completed when all of the following have occurred: (1) Customer has determination Motorola has completed all milestones identified in the Ordering Document for Final System Acceptance, (2) Motorola has delivered all Products and Services identified in the Ordering Document, and (3) Customer has had Beneficial Use of each Product that is included in the Software System (unless alternative acceptance procedures are set forth in the applicable Ordering Document) (the "System Completion Date"). Customer will not unreasonably delay determination of milestone completion or Beneficial Use of any Product within the Software System, and in any event, the Parties agree that Beneficial Use of a Product will be deemed to have occurred in accordance with the definition of "Beneficial Use" below. For clarity, if a Software System is comprised of more than one Product, Motorola may notify Customer that all Integration Services for a particular Product within the Software System have been completed, and Customer may have Beneficial Use of such Product prior to having Beneficial Use of other Products in the Software System, or of the Software System as a whole. In such case, the Integration Services applicable to such Product will be deemed complete upon Customer's Beneficial Use of the Product ("Product Completion Date"), which may occur before the System Completion Date. As used in this Section, "Beneficial Use" means use by Customer's Authorized Users of the material features and functionalities of a Product within a Software System, in material conformance with Product descriptions in the applicable Ordering Document, in a production or live-use environment. This Section applies to Products purchased as part of a Software System notwithstanding the delivery provisions of the Addendum applicable to such Products, such as the SSA or EPSLA, and this Section will control over such other delivery provisions to the extent of a conflict.
4. Payment. Customer will pay invoices for the Products and Services covered by this SPA in accordance with the invoice payment terms set forth in the MCA. Fees for Software Systems will be invoiced as of the System Completion Date, unless another payment process or schedule or milestones are set forth in an Ordering Document or applicable Addendum. In addition to Equipment, Licensed Software, Subscription Software and Integration Services (as applicable) sold as part of a Software System, the Ordering Documents for a Software System may also include post-deployment Integration Services or other Services which are to be provided following the date of functional demonstration ("Post-Deployment Services"). Post-Deployment Services will be invoiced upon their completion and paid by Customer in accordance with the terms of the MCA.
5. On-Premises Software System Warranty. Subject to the disclaimers in the MCA and any other applicable Addenda, Motorola represents and warrants that, on the System Completion Date for an on-premises Software System described in Section 2.1 -On-Premises Software System, or on the applicable Product Completion Date for a specific Product within such on- premises Software System, if earlier, (a) such Software System or Product will perform in accordance with the descriptions in the applicable Ordering Documents in all material respects, and (b) if Customer has purchased any Equipment or Motorola Licensed Software (but, for clarity, excluding Subscription Software) as part of such on-premises Software System, the warranty period applicable to such Equipment and Motorola Licensed Software will continue for a period of 22 May 10, 2022 Item #11 Page 33 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 one (1) year commencing upon the System Completion Date for the Software System that includes such Products, or on the applicable Product Completion Date, if earlier, instead of commencing upon delivery of the Products in accordance with the terms and conditions set forth in Section 6 -Representations and Warranties; Liabilities of the EPSLA. The warranties set forth in the applicable Addenda are not otherwise modified by this SPA.
6. Prohibited Use. Customer will not integrate or use, or permit a third party or an Authorized User to integrate or use, any Non-Motorola Content with or in connection with a Software System or other software Product provided by Motorola under this SPA, without the express written permission of Motorola.
7. API Support. Motorola will use commercially reasonable efforts to maintain its Application Programming Interface ("API") offered sold in connection with any Software System. APls will evolve and mature over time, requiring changes and updates. Motorola will use reasonable efforts to continue supporting any version of an API for 6 months after such version is introduced, but if Motorola determines, in its sole discretion, determines to discontinue support of an API for any reason, Motorola will provide reasonable advance notification to Customer. If an API presents a security risk, Motorola may discontinue an API without prior notice.
8. Support of Downloaded Clients. If Customer purchases any software Product that requires a client installed locally on any Customer-Provided Equipment or Equipment in possession of Customer, Customer will be responsible for downloading and installing the current version of such client, as it may be updated from time to time. Motorola will use reasonable efforts to continue supporting any version of a client for forty-five (45) days following the general availability of a new version release. Motorola may update the current version of its client at any time, including for security vulnerabilities, bug fixes, product improvements, and feature updates, and Motorola makes no representations or warranties that any software Product will support prior versions of a client.
9. Applicable End User Terms. Additional license terms apply to third-party software included in CAD and Records Products which are available online at:
www.motorolasolutions.com/legal-flow-downs . Customer will comply, and ensure its Authorized Users comply, with all such additional license terms. Specifically, the following Esri As-a-Service Terms and Twilio/Sendgrid Acceptable Use Policy apply:
9.1. Esri As-a-Service Terms
Any customer or end-user of Esri software agrees to:
a. Disclaim, to the extent permitted by applicable law, Esri and its licensors' liability for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of the Esri OEM software(s) including, but not limited to, liability for use of Esri OEM(s) in high-risk activities or liability related to any data supplied by Esri. b. Upon notice by Motorola Solutions that its OEM agreement with Esri has terminated or expired, agrees to (i) cease access and use of Esri OEM software), online services and clear online services client-side data cache and (ii) cease use, uninstall, remove, and destroy all Esri OEM software(s) and any whole or partial copies, modifications, or merged portions in any form and execute and deliver evidence of such actions to Motorola Solutions. 23 May 10, 2022 Item #11 Page 34 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9O59AF5 c. Comply fully with all relevant export laws and regulations of the United States to ensure that Esri OEM or any direct product thereof, is not exported, directly or indirectly, in violation of United States law.
d. Not remove or obscure any copyright, trademark notice, or restrictive legend. e. Accept all terms in any click-through terms included with Esri licensed material. f. Accept that Esri OEM software may contain some nonconformities, defects, errors, or omissions. THE HOSTED SOLUTION(S) IS/ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence, Esri and its licensors do not warrant data, on line services, and the Esri OEM software will meet the hosted solutions end user's needs or expectations, that the use of data, online services, and Esri OEM software will be uninterrupted, or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on data, online services, and Esri OEM software and hosted solution end user should always verify actual data, online services and hosted solutions(s). g. Not to share its login or password with any other third party or other hosted solution end user.
9.2 Twilio/Sendgrid Services
Use of the Twilio Services provided hereunder shall be in accordance with theTwilio Acceptable Use Policy, incorporated below.
Twilio may suspend the Twilio Services immediately upon notice to Customer for cause if: (i) Customer or an End User materially violates (or Twilio believes, in good faith, that Customer or an End User has materially violated) any provision of the Twilio Acceptable Use Policy: (ii) there is an unusual and material spike or increase in Customer's use of the Twilio Services and Twilio believes, in good faith, that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Twilio Services; (iii) Twilio determines, in good faith, that its provision of the Twilio Services is prohibited by applicable Law. Notwithstanding the foregoing, Twilio will use commercially reasonable efforts to (x) provide Customer as much prior notice as possible of any situation its aware of that could lead to a right to suspend described in this Section 8.3, (y) work with Customer to remedy any situation that could lead to a right to suspend described in this Section 8.3 if such situation can be remedied, and (z) limit any suspension as much a possible given the circumstances leading to the suspension (e.g., to certain phone numbers, sub-accounts or other subset of traffic).
This Acceptable Use Policy ("AUP'') describes rules that apply to any party ("Customer") using any products and services ("Services") provided by Twilio Inc. or any of its affiliates (collectively, "Twilio") and any user of any software application or service made available by Customer that interfaces with the Services ("End User"). The examples described in this AUP are not exhaustive. Customer is responsible for its End Users' compliance with this AUP. If Customer or any End User violates this AUP, Twilio may suspend Customer's use of the Services. This AUP may be updated by Twilio from time to time upon reasonable notice, which may be provided via Customer's account or e-mail.
No Inappropriate Content or Users. Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, 24 May 10, 2022 Item #11 Page 35 of 604
DocuSign Envelope ID: AB201384-948F-4B0C-B860-74DCD9D59AFS objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public.
This prohibition includes use of the Services by a hate group or content or communications that originate from a hate group or are exploitive, abusive, or hate speech.
Prohibited Activities. Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others' rights, or harmful to Twilio's business operations or reputation, including:
• Violations of Laws. Violating laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction (collectively, "Applicable Laws") ..
This includes violating Applicable Laws requiring (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications. • Interference with the Services. Interfering with or otherwise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services. • Reverse Engineering. Reverse engineering, copying, disassembling, or decompiling the Services.
• Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
No Service Integrity Violations. Do not violate the integrity of the Services, including:
• Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
• Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities. • Disabling the Services. Any denial of service (DOS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services. • Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the
• Services.
• Unauthorized Access. Attempting to gain unauthorized access to the Services.
Data Safeguards. Customer is responsible for determining whether the Services offer appropriate o safeguards for Customer's use of the Services, including, but not limited to, any safeguards required by ILQ)
Applicable Laws, prior to transmitting or processing, or prior to permitting End Users to transmit or process, any data or communications via the Services.
Violations of this AUP, including any prohibited content or communications, may be reported to . https://www.twilio.com/help/abuse ( https://www.twilio.com/help/abuse) . 25 May 10, 2022 Item #11 Page 36 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9O59AF5 Customer agrees to immediately report any violation of this Al-JP to Twilio and provide cooperation, as requested by Twilio, to investigate and/or remedy that violation.
10. Additional Terms for On-Premise Software System as a Service. The terms set forth in this Section 10 -Additional Terms for On-Premise Software System as a Service apply in the event Customer purchases an on-premises Software System as a service under this SPA.
10.1. Transition to Subscription License Model. If the Parties mutually agree that any on- premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center, then upon such time which the Parties execute the applicable Ordering Document, (a) the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automatically terminate, (b) Customer and its Authorized Users will cease use of the applicable on-premises copies of Subscription Software, and (c) the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA.
10.2. Transition Fee. Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software, as described in Section 10.1 -Transition to Subscription License Model. Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, and may be greater than Fees paid by Customer for on-premises Subscription Software.
10.3. Software Decommissioning. Upon (a) transition of the on-premises Software System as a service to Subscription Software hosted in a data center or (b) any termination of the Subscription Software license for the on-premises Software System as a service, Motorola will have the right to enter Customer Sites with pre-approval and City escort, and decommission the applicable on- premises Subscription Software that is installed at Customer's Site or on Customer-Provided Equipment. For clarity, Customer will retain the right to use Licensed Software that is firmware incorporated into Equipment purchased by Customer from Motorola and any Microsoft operating system Licensed Software.
11. Additional Terms for CAD and Records Products. The terms set forth in this Section 11 -Additional Terms for CAD and Records Products apply in the event Customer purchases any Computer Aided Dispatch ("CAD") or Records Products under this SPA.
11.1. Support Required. Customer acknowledges and agrees that the licenses granted by Motorola under the Agreement to CAD and Records Products for on-premises Software Systems are conditioned upon Customer purchasing Maintenance and Support Services for such Products during the term of the applicable license. If at any time during the term of any such license, Customer fails to purchase associated Maintenance and Support Services (or pay the fees for such Services), Motorola will have the right to terminate or suspend the software licenses for CAD and Record Products, and this SPA or the applicable Ordering Document.
11.2. CJIS Security Policy. Motorola agrees to support Customer's obligation to comply with the Federal Bureau of Investigation Criminal Justice Information Services ("CJIS") Security Policy and will comply with the terms of the CJIS Security Addendum for the term of the Addendum or Ordering Document for the applicable Product. Customer must consent to and escort Motorola personnel accessing unencrypted Criminal Justice Information for purposes of Product support and development.
12. Additional Cloud Terms. The terms set forth in this Section 12 -Additional Cloud Terms apply in the event Customer purchases any cloud hosted software. 26 May 10, 2022 Item #11 Page 37 of 604
DocuSign Envelope ID: AB2013B4-94BF--4B0C-B860-74DCD9D59AF5
12.1. Data Storage. Motorola will determine, in its sole discretion, the location of the stored content for cloud hosted software. All data, replications, and backups will be stored at a location in the United States for Customers in the United States.
12.2. Data Retrieval. Cloud hosted software will leverage different types of storage to optimize software, as determined in Motorola's sole discretion. For multimedia data, such as videos, pictures, audio files, Motorola will, in its sole discretion, determine the type of storage medium used to store the content. The type of storage and medium selected by Motorola will determine the data retrieval speed. Access to content in archival storage may take up to 24 hours to be viewable.
12.3. Maintenance. Scheduled maintenance of cloud hosted Software will be performed periodically. Motorola will make commercially reasonable efforts to notify customers one (1) week in advance of any such maintenance. Unscheduled and emergency maintenance may be required from time to time. Motorola will make commercially reasonable efforts to notify customers of any unscheduled or emergency maintenance 24 hours in advance.
13. Survival. The following provisions will survive the expiration or termination of this SPA for any reason: Section 1 -Addendum; Section 2 -Software Systems; Applicable Terms and Conditions; Section 6 -Prohibited Use; Section 9 -Applicable End User Terms; Section 13-Survival.
27 May 10, 2022 Item #11 Page 38 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 Subscription Software Addendum
This Subscription Software Addendum (this "SSA") and the Exhibit to this SSA for CommandCentral Investigate, powered by LexisNexis is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and the entity set forth in the signature block below or in the MCA ("Customer''), and will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties, effective as of [ ] (the "MCA"). Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the MCA.
1. Addendum. This SSA governs Customer's purchase of Subscription Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form part of the Parties' Agreement. Additional Subscription Software-specific Addenda or other terms and conditions may apply to certain Subscription Software, where such terms are provided or presented to Customer.
2. Delivery of Subscription Software.
2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Software set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Customer's receipt of credentials required for access to the Subscription Software or upon Motorola otherwise providing access to the Subscription Software. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Software.
2.2. Modifications. In addition to other rights to modify the Products and Services set forth in the MCA, Motorola may modify the Subscription Software, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Software may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Software may be subject to additional Fees which will be set forth in an Amendment or Ordering Document.
2.3. User Credentials. If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Software, and Customer will ensure s_uch administrative user credentials are accessed and used only by Customer's employees with training on their proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user credentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords. Customer will be liable for any use of the Subscription Software through such user credential (including through any administrative user credentials), including any changes made to the Subscription Software or issues or user impact arising therefrom. To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Software through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms of the MCA which will be set forth in an Amendment or Ordering Document.
2.4. Beta Services. If Motorola makes any beta version of a software application ("Beta Service" or software application not available for General Release) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer's evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that all Beta Services are 28 May 10, 2022 Item #11 Page 39 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 offered "as-is" and without any representations or warranties or other commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.
3. Subscription Software License and Restrictions.
3.1. Subscription Software License. Subject to Customer's and its Authorized Users' compliance with the Agreement, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicensable, and non-exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer's internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer's owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum.
3.2. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third-party software, such as open source software, included in the Subscription Software. Customer will comply, and ensure its Authorized Users comply, with such additional license agreements.
3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions (including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof to a human-readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks.
4. Term.
4.1. Subscription Terms. The duration of Customer's subscription to the first Subscription Software and any associated recurring Services ordered under this SSA (or the first Subscription Software or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Software (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document (the "Initial Subscription Period"). Following the Initial Subscription Period, Motorola will provide notification at least ninety (90) days prior to renewal for additional twelve (12) month periods (each, a "Renewal Subscription Year"). Either Party may notify the other Party of its intent not to renew 29 May 10, 2022 Item #11 Page 40 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 at least thirty (30) days before the conclusion of the then-current Subscription Term. Customer will provide documentation to affirm renewal via an Amendment or Ordering Document of the Subscription Software for the Renewal Subscription Year (the Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a "Subscription Term".) Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than ninety (90) days prior to commencement of such Renewal Subscription Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional Subscription Software or recurring Services under this SSA during an in-process Subscription Term, the subscription for each new Subscription Software or recurring Service will (a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Customer's then-current Subscription Term (a "Partial Subscription Year''), and (b) renew in accordance with the same terms stated herein for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term.
Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized.
4.2. Term. The term of this SSA (the "SSA Term") will commence upon either (a) the Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement.
4.3. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, after providing 90 days advanced notice to Customer and an opportunity to cure if (a) Customer breaches Section 3 -Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document, or (b) it determines that Customer's use of the Subscription Software poses, or may pose, a security or other risk or adverse impact to any Subscription Software, Motorola, Motorola's systems, or any third party (including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and Documentation, and that Customer's breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, Motorola may be entitled to all available remedies at law or in equity (including immediate injunctive relief).
4.4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Software or Service to customers. Motorola will provide at least one (1) year advance notice of our intent to cease offering PremierOne Cloud CAD/Mobile, Aware and In-Car Video as a Service.
5. Payment.
5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated 30 May 10, 2022 Item #11 Page 41 of 604
DocuSign Envelope ID: AB2013B4-948F-4B0C-8860-74DCD9D59AF5 recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. After providing reasonable notice and an opportunity to cure, Motorola will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due.
5.2. Subscription True-Up. Motorola will have the right to conduct an audit of total named users credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer's usage of the Subscription Software during the applicable Subscription Term exceeded the total number of subscriptions purchased by Customer, Motorola may invoice Customer for the additional subscriptions used by Customer, pro-rated for e·ach additional subscription from the date such subscription was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA. Such audits, if conducted, will occur prior to subscription renewal/extension.
6. Liability.
6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES
SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT
TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION
OF OR DAMAGE TO CUSTOMER'S OR THIRD PARTIES' SYSTEMS, EQUIPMENT, OR DATA,
INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF
ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES.
6.2. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 -Additional Exclusions above.
7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en us/abouVprivacy-policy.html#privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers. To the extent there are conflicts between the Motorola Privacy Statement and terms in this Addendum, the terms in the Addendum shall control.
8. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 -Term; Section 5 -Payment; Section 6.1 -Additional Exclusions; Section 8 -Survival.
31 May 10, 2022 Item #11 Page 42 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 Exhibit to Subscription Services Agreement
Command Central Investigate, powered by LexisNexis
Motorola Solutions, Inc. ("Motorola Solutions") is the provider of the service known as Command Central Investigate, powered by LexisNexis ("Motorola Solutions Services").
Customer agrees to the Motorola Solutions Services pursuant to the following terms and conditions which are incorporated into the Subscription Services Agreement Signed by Customer.
1. RESTRICTED LICENSE. Motorola Solutions hereby grants to Customer a restricted license to use the Motorola Solutions Services, subject to the restrictions and limitations set forth below:
(i) Generally. Motorola Solutions hereby grants to Customer a restricted license to use the Motorola Solutions Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the Motorola Solutions Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by these Master Terms. Customer shall not use the Motorola Solutions Services for marketing purposes or resell or broker the Motorola Solutions Services to any third-party, and shall not use the Motorola Solutions Services for personal (non-business) purposes. Customer shall not use the Motorola Solutions Services to provide data processing services to third-parties or evaluate data for third-parties or, without Motorola Solutions' consent, to compare the Motorola Solutions Services against a third party's data processing services.
Customer agrees that, if Motorola Solutions determines or reasonably suspects that continued provision of Motorola Solutions Services to Customer entails a potential security risk, or that Customer is in violation of any provision of these Master Terms or law, Motorola Solutions may provide immediate notification to the Customer and, following a reasonable time to cure, take immediate action, including, without limitation, terminating the delivery of, and the license to use, the Motorola Solutions Services. Customer shall not access the Motorola Solutions Services from Internet Protocol addresses located outside of the United States and its territories without Motorola Solutions' prior written approval. Customer may not use the Motorola Solutions Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the Motorola Solutions Services and information provided therein. Motorola Solutions may at any time mask or cease to provide Customer access to any Motorola Solutions Services or portions thereof which Motorola Solutions may deem, in Motorola Solutions' sole discretion, to be sensitive or restricted information, following notice and a reasonable time to cure. (ii) GLBA Data. Some of the information contained in the Motorola Solutions Services is "nonpublic personal information," as defined in the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA"), and is regulated by the GLBA ("GLBA Data"). Customer shall not obtain and/or use GLBA Data through the Motorola Solution Services in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain Motorola Solutions Services and will recertify upon request by Motorola Solutions. Customer certifies with respect to GLBA Data received through the Motorola 32 May 10, 2022 Item #11 Page 43 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 Solutions Services that it complies with the lnteragency Standards for Safeguarding Customer Information issued pursuant to the GLBA.
(iii) DPPA Data. Some of the information contained in the Motorola Solutions Services is "personal information," as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA"), and is regulated by the DPPA ("DPPA Data"). Customer shall not obtain and/or use DPPA Data through the Motorola Solutions Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain Motorola Solutions Services and will recertify upon request by Motorola Solutions.
(iv) Social Security and Driver's License Numbers. Motorola may in its sole discretion permit Customer to access full social security numbers (nine (9) digits) and driver's license numbers (collectively, "QA Data"). If Customer is authorized by Motorola Solutions to receive QA Data, and Customer obtains QA Data through the Motorola Solutions Services, Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by Motorola Solutions policies, the terms and conditions herein, and applicable laws and regulations. In addition to the restrictions on distribution otherwise set forth in Paragraph 3 below, Customer agrees that it will not permit QA Data obtained through the Motorola Solutions Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use.
Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by Motorola Solutions. Customer may not, to the extent permitted by the terms of these Master Terms, transfer QA Data via email or ftp without Motorola Solutions' prior written consent.
However, Customer shall be permitted to transfer such information so long as: 1) a secured method (for example, sftp) is used, 2) transfer is not to any third-party, and 3) such transfer is limited to such use as permitted under these Master Terms. Motorola Solutions may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (v) Copyrighted and Trademarked Materials. Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the Motorola Solutions Services.
(vi) Additional Terms. To the extent that the Motorola Solutions Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at:
www.lexisnexis.com/terms/risksupp , Customer agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the Motorola Solutions Services is subject to additional obligations and restrictions. These services include, without limitation, news, business information, and federal legislative and regulatory materials.
To the extent that Customer receives such news, business information, and federal legislative and regulatory materials through the Motorola Solutions Services, Customer agrees to comply with the Terms and Conditions contained at: http://www.lexisnexis.com/terms/general.aspx (the "L&P Terms"). The Risk Supplemental Terms and the L&P Terms are hereby incorporated into these Master Terms by reference. In the event of a direct conflict between these Master Terms, the Risk Supplemental Terms, and the L&P Terms, the order of precedence shall be as follows:
these Master Terms, the Risk Supplemental Terms and then the L&P Terms. (vii) MVR Data. If Customer is permitted to access Motor Vehicle Records ("MVR Data") from Motorola Solutions, without in any way limiting Customer's obligations to comply with all state 33 May 10, 2022 Item #11 Page 44 of 604
OocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74OCO9O59AF5 and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change:
(a) Customer shall not use any MVR Data provided by Motorola Solutions, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information.
(b) As requested by Motorola Solutions, Customer shall complete any state forms that Motorola Solutions is legally or contractually bound to obtain from Customer before providing Customer with MVR Data.
(c) Motorola Solutions (and certain Third-Party vendors) may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit, Customer must be able to substantiate the reason for each MVR Data order. (viii) HIPAA Customer represents and v-,:arrants that Customer will not provide Motorola Solutions with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties.
(ix) Economic Sanctions Laws. Customer acknowledges that Motorola Solutions is subject to economic sanctions laws, including but not limited to those enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the European Union, and the United Kingdom. Accordingly, Customer shall comply with all economic sanctions laws of the United States, the European Union, and the United Kingdom. Customer shall not provide access to Motorola Solutions Services to any individuals identified on OFAC's list of Specially Designated Nationals ("SON List"), the UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons, Groups, and Entities Subject to EU Financial Sanctions.
Customer shall not take any action which would place Motorola Solutions in a position of non- compliance with any such economic sanctions laws.
(x) Retention of Records. For uses of GLB Data, DPPA Data and MVR Data, as described in Sections 2(ii), 2(iii) and 2(vii), Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data. (xi) Software. To the extent that Customer is using software provided by Motorola Solutions ("Software"), whether hosted by Motorola Solutions or installed on Customer's equipment, such Software shall be deemed provided under a limited, revocable license, for the sole purpose of using the Motorola Solutions Services. In addition, the following terms apply: Customer shall not (a) use the Software to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights, (b) use the Software to store or transmit spyware, adware, other malicious programs or code, programs that infringe the rights of others, or programs that place undue burdens on the operation of the Software, or (c) interfere with or disrupt the integrity or performance of the Software or data contained therein . The use of the Software will be subject to any other restrictions (such as number of users, features, or duration of use) agreed to by the parties or as set forth in a Schedule A.
(xii) Non-FCRA Use Restrictions. The LN Services described in a Schedule A (as defined in these Master Terms) as Non-FCRA are not provided by "consumer reporting agencies," as that 34 May 10, 2022 Item #11 Page 45 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-8860-74DCD9D59AF5 term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA") and do not constitute "consumer reports," as that term is defined in the FCRA (the "Non-FCRA LN Services"). Accordingly, the Non-FCRA LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (A) Customer certifies that it will not use any of the information it receives through the Non-FCRA LN Services to determine, in whole or in part an individual's eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account; (B) by way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by the Master Terms, information received through the Non-FCRA LN Services for the following purposes: (1) to verify or authenticate an individual's identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; (5) to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; (C) specifically, if Customer is using the Non-FCRA LN Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third party, Customer shall not use the Non-FCRA LN Services: (1) to revoke consumer credit; (2) to accelerate, set or change repayment terms; or (3) for the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this Section, use the Non-FCRA LN Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the Non- FCRA LN Services to take any "adverse action," as that term is defined in the FCRA. (xiii) FCRA Services. If a Customer desires to use a product described in a Schedule A (Customer price schedule) as an FCRA product, Customer will execute an FCRA Addendum to the Master Terms. The FCRA product will be delivered by an affiliate of LNRSFL, LexisNexis Risk Solutions Inc., in accordance with the terms and conditions of the Master Terms.
2. TERMS APPLICABLE TO PUBLIC SAFETY DATA EXCHANGE DATABASE I. Public Safety Data Exchange Database
1. Motorola Solutions maintains the LexisNexis Public Safety Data Exchange Database ("PSDEX"), which contains information related to public safety and state and local law enforcement investigations. PSDEX is compiled from information submitted by PSDEX customers and enhanced by Motorola Solutions data and technology.
2. In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to contribute public safety information that may be used for analysis, investigations and reporting (the "Customer Data Contribution").
3. LN's obligations.
a. Motorola Solutions agrees to provide PSDEX information to Customer. 35 May 10, 2022 Item #11 Page 46 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-8860-74DCD9D59AF5 b. Motorola Solutions agrees to provide Customer with instructions for submitting information to the PSDEX database and for using the PSDEX service.
4. Customer obligations.
a. Customer agrees to submit to Motorola Solutions, with reasonable promptness and consistency, Customer Data Contributions.
b. Customer acknowledges and agrees that it is solely responsible for the content of the Customer Data Contributions submitted to Motorola Solutions and that it shall use reasonable care to ensure the information submitted is a reasonable reflection of the actual report. Each submission to Motorola Solutions with respect to an incident or subject constitutes a Customer Data Contribution. c. Customer's disclosure of information to Motorola Solutions is and will be in compliance with all applicable laws, regulations and rulings. d. Customer agrees to notify Motorola Solutions promptly of any change in status, factual background, circumstances or errors concerning any Customer Data Contribution previously provided to Motorola Solutions. Customer further agrees to submit corrected information in a timely manner. Customer agrees that it will fully and promptly cooperate with Motorola Solutions should any inquiry about the Customer Data Contributions arise.
e. The following named individual/department shall serve as the contact person(s) for submissions made to Motorola Solutions. The contact person shall respond to requests from Motorola Solutions for clarification or updates on incident reports submitted by Customer during normal business hours, and Customer will not reasonably withhold from Motorola Solutions information on any such submission. Motorola Solutions shall not reveal the identity of the Customer's contact person(s) to any other PSDEX customer without Customer's consent.
Name: Mickey Williams
Title: Police Chief
Address: ~?-5....,6....,0........,O ... c ... ia~□~W~a...,y,..,,~G-a~rls-h-a~d...,,_.C........,A....,9""2_0_1~0-___ _ Phone: (760) 931-2197
Fax: (760) 931-84 73
Email: [email protected]
f. Customer agrees that it will access information contributed to PSDEX by other customers only through Motorola Solutions.
g. Customer agrees that Motorola Solutions and all other PSDEX customers shall not be liable to Customer, and Customer hereby releases Motorola Solutions and all other PSDEX customers from liability to Customer, for any claims, damages, liabilities, losses and injuries arising out of, or caused in whole or in part by Motorola Solutions or each such other PSDEX customer's negligence, gross negligence, willful misconduct and other acts and omissions in reporting or updating incidents of alleged wrongdoing for inclusion in PSDEX. Other PS DEX customers are intended to be third party beneficiaries of this paragraph.
II. Public Safety Exchange Database General Terms
1. LICENSE GRANT. Customer, at no charge, hereby grants to Motorola Solutions a paid up, irrevocable, worldwide, non-exclusive license to use, adapt, compile, aggregate, create derivative work_s, transfer, transmit, publish and distribute to PSDEX 36 May 10, 2022 Item #11 Page 47 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 customers the Customer Data Contributions for use in PSDEX and all successor databases and/or information services provided by Motorola Solutions or LexisNexis.
2. GOOGLE GEOCODER. Motorola Solutions used Google Geocoder to geocode address locations that do not already contain "X" and "Y" coordinates. Any "X" and "Y" coordinate information provided by the Customer is assumed by Motorola Solutions to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google Geocoder as displayed in PSDEX are approximate due to automated location methods and address inconsistencies.
3. DATA DISCLAIMER. Motorola Solutions is not responsible for the loss of any data or the accuracy of the data, or for any errors or omissions in the Motorola Solutions Services or the use of the Motorola Solutions Services or data therein by any third party, including the public or any law enforcement or governmental agencies.
4. LINKS TO THIRD PARTY SITES. PSDEX may contain links or produce search results that reference links to third party websites ("Linked Sites"). Motorola Solutions has no control over these Linked Sites or the content within them. Motorola Solutions cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Motorola Solutions does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code.
By using PS DEX to search for or link to Linked Sites, Customer agrees and understands that such use is entirely at its own risk, and that Customer may not make any claim against Motorola Solutions for any damages or losses whatsoever resulting from such use.
5. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDEX customer is offered and owned by that customer. Unless otherwise indicated by such customer, all data will be retained by Motorola Solutions and remain accessible by other PSDEX customers in accordance with the provisions of this Addendum and a de- identified subset of the data will remain available to the general public through the CrimeReports.com service or its successor database.
3. SECURITY.
3.1 Security of Information. Customer acknowledges that the information available through the Motorola Solutions Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure.
Customer must name a System Administrator who will be responsible for maintaining the following records: 1) User IDs including a complete list of each user name associated with each User ID, ensuring that each User ID is assigned to only one individual. User IDs and passwords may not be shared, and "generic" User IDs and passwords are not permitted. 2) Documentation of monthly verification to ensure that each active User ID corresponds to a Customer's current employee, and confirming that employee is an authorized user. User IDs will conform to the standards at https://www.fbi.gov/services/cjis/cjis-security-policy-resource- center. Accordingly, Customer shall (a) restrict access to Motorola Solutions Services to those employees who have a need to know as part of their official duties; (b) ensure that none of its employees shall (i) obtain and/or use any information from the Motorola Solutions Services for personal reasons, or (ii) transfer any information received through the Motorola Solutions Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs") confidential and prohibit the sharing of User IDs; (d) immediately deactivate the User ID of any employee who 37 May 10, 2022 Item #11 Page 48 of 604
DocuSign Envelope ID: AB2013B4-94BF-4BOC-B860-74DCD9D59AF5 no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 1, take all commercially reasonable measures to prevent unauthorized access to, or use of, the Motorola Solutions Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through Motorola Solutions Services as it is being disposed; (g) purge all information received through the Motorola Solutions Services within ninety (90) days of initial receipt; provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customer's legal or regulatory compliance efforts; (h) be capable of receiving the Motorola Solutions Services where the same are provided utilizing "secure socket layer," or such other means of secure transmission as is deemed reasonable by Motorola Solutions; (i) not access and/or use the Motorola Solutions Services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine applications approved by Motorola Solutions; U) take all steps to protect their networks and computer environments, or those used to access the Motorola Solutions Services, from compromise; (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein; and (I) maintain policies and procedures to prevent unauthorized use of User IDs and the Motorola Solutions Services. Customer will immediately notify Motorola Solutions, by written notification to Motorola Solutions, if Customer suspects, has reason to believe or confirms that a User ID or the Motorola Solutions Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose contrary to the terms and conditions herein.
3.2 Security Events. To the extent permitted under applicable law, Customer shall remain solely liable for all costs associated therewith and shall further reimburse Motorola Solutions for any expenses it incurs due to Customer's failure to prevent such impermissible use or access of User IDs and/or the Motorola Solutions Services, or any actions required as a result thereof. Furthermore, in the event that the Motorola Solutions Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth), the following shall apply:
Customer acknowledges that, upon unauthorized acquisition or access of or to such personally identifiable information, including but not limited to that which is due to use by an unauthorized person or due to unauthorized use (a "Security Event"), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in Motorola Solutions' reasonable discretion. Customer agrees that such notification shall not reference Motorola Solutions or the product through which the data was provided, nor shall Motorola Solutions be otherwise identified or referenced in connection with the Security Event, without Motorola Solutions' express written consent. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. To the extent permitted under applicable law, Customer shall remain solely liable for claims that may arise from a Security Event, including, but not limited to, costs for litigation (including attorneys' fees), and reimbursement sought by individuals, including but not limited to, costs for credit monitoring or allegations of loss in connection with the Security Event. Customer shall provide samples of all proposed materials 38 May 10, 2022 Item #11 Page 49 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-8860-74DCD9D59AF5 to notify consumers and any third-parties, including regulatory entities, to Motorola Solutions for review and approval prior to distribution. In the event of a Security Event, Motorola Solutions may, in its sole discretion, take immediate action, including suspension or termination of Customer's account, without further obligation or liability of any kind.
4. PERFORMANCE. Motorola Solutions will use commercially reasonable efforts to deliver the Motorola Solutions Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the Motorola Solutions Services; provided, however, that the Customer accepts all information "AS IS". Customer acknowledges and agrees that Motorola Solutions obtains its data from third party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on Motorola Solutions for the accuracy or completeness of information supplied through the Motorola Solutions Services. Without limiting the foregoing, the criminal record data that may be provided as part of the Motorola Solutions Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain Motorola Solutions Services which may be otherwise available. Motorola Solutions reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the Motorola Solutions Services. In the event that Motorola Solutions discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed, Motorola Solutions will, at Customer's option, issue a prorated credit to Customer's account. s. INTELLECTUAL PROPERTY; CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the Motorola Solutions Services. Customer acknowledges that Motorola Solutions (and/or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the Motorola Solutions Services and the information that they provide. Customer shall use such materials in a manner consistent with Motorola Solutions' interests and the terms and conditions herein, and shall promptly notify Motorola Solutions of any threatened or actual infringement of Motorola Solutions' rights.
Customer and Motorola Solutions acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party") relating to the Disclosing Party's business including, without limitation, technical, financial, strategies and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of Motorola Solutions' information, product information, pricing information, product development plans, forecasts, the Motorola Solutions Services, and other business information ("Confidential Information"). Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third-party and received in good faith and without any duty of confidentiality by the Receiving Party or the third-party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party by 39 May 10, 2022 Item #11 Page 50 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-8860-74DCD9D59AF5 employees of the Receiving Party who have had no access to such Confidential Information. "Trade Secret" shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of "trade secret" set forth under applicable law. Each receiving party ("Receiving Party") agrees not to divulge any Confidential Information or information derived therefrom to any third-party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no ~vent less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing Party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with respect to Confidential Information shall continue for the term of these Master Terms and for a period of five (5) years thereafter, provided however, that with respect to Trade Secrets, each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. Notwithstanding the foregoing, if Customer is bound by the Freedom of Information Act, 5 U.S.C. 552, or other federal, state, or municipal open records laws or regulations which may require disclosure of information, and disclosure thereunder is requested, Customer agrees that it shall notify Motorola Solutions in writing and provide Motorola Solutions an opportunity to object, if so permitted thereunder, prior to any disclosure.
6. DISCLAIMER OF WARRANTIES. MOTOROLA SOLUTIONS (SOLELY
FOR PURPOSES OF INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND
LIMITATION ON LIABILITY, MOTOROLA SOLUTIONS, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO ("MOTOROLA SOLUTIONS") DOES NOT MAKE AND HEREBY DISCLAIMS ANY
WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTOROLA SOLUTIONS SERVICES. MOTOROLA SOLUTIONS DOES NOT WARRANT THE
CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OF THE MOTOROLA SOLUTIONS SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information, the public records and commercially available data sources used in the Motorola Solutions Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Motorola Solutions Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified.
7. LIMITATION OF LIABILITY. Neither Motorola Solutions, nor its subsidiaries and affiliates, nor any third-party data provider shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the Motorola Solutions Services) for any loss or injury arising out of or caused in whole or in part by use of the Motorola Solutions Services. If, notwithstanding the foregoing, liability can be imposed on Motorola Solutions, Customer agrees that Motorola Solutions' 40 May 10, 2022 Item #11 Page 51 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9O59AF5
8. 9.
10. aggregate liability for any and all losses or injuries arising out of any act or omission of Motorola Solutions in connection with anything to be done or furnished under these Master Terms, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount of fees actually paid by Customer to Motorola Solutions under this Agreement during the six (6) month period preceding the event that gave rise to such loss or injury.
Customer covenants and promises that it will not sue Motorola Solutions for an amount greater than such sum even if Customer and/or third-parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against Motorola Solutions. IN NO EVENT SHALL Motorola Solutions BE LIABLE FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER.
AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of these Master Terms, Motorola Solutions' obligations under its contracts with its data providers, and Motorola Solutions' internal policies, Motorola Solutions may conduct periodic reviews and/or audits of Customer's use of the Motorola Solutions Services. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by Motorola Solutions will be subject to immediate action including, but not limited to, suspension or termination of the license to use the Motorola Solutions Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.
EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to Motorola Solutions Services on Customer's obligations under these Master Terms, including, but not limited to, the licensing requirements and restrictions under Paragraph 1, the security requirements of Paragraph 3. Customer shall conduct a similar review of its obligations under these Master Terms with existing employees who have access to Motorola Solutions Services no less than annually. Customer shall keep records of such training.
CUSTOMER INFORMATION. Customer certifies that Customer has not been the subject of any proceeding regarding any trust-related matter including, but not limited to, fraud, counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil, criminal or regulatory matter that would create an enhanced security risk to Motorola Solutions, the Motorola Solutions Services or the data, including but not limited to, any matter involving potential violations of the GLBA, the DPPA, the FCRA, the Fair Debt Collection Practices Act ("FDCPA") (15 U.S.C. § 1692-1692p) or any other similar legal or regulatory guidelines. If any such matter has occurred, Customer shall attach a signed statement, along with all relevant supporting documentation, providing all details of this matter prior to execution of this Agreement. Customer shall notify Motorola Solutions immediately of any changes to the information on Customer's Application for the Motorola Solutions Services, and, if at any time Customer no longer meets Motorola Solutions' criteria for providing service, Motorola Solutions may terminate this agreement. Customer is required to promptly notify Motorola Solutions of a change in ownership of Customer, any change in the name of Customer, and/or any change in the physical address of Customer.
41 May 10, 2022 Item #11 Page 52 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5
11. CHANGE IN AGREEMENT. By receipt of the Motorola Solutions Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as Motorola Solutions shall make from time to time by notice to Customer.
Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section of the Application, unless stated otherwise. Motorola Solutions may, at any time, impose restrictions and/or prohibitions on the Customer's use of some or all of the Motorola Solutions Services, following reasonable notice to Customer. Customer understands that such restrictions or changes in access may be the result of a modification in Motorola Solutions policy, a modification of third-party agreements, a modification in industry standards, a Security Event or a change in law or regulation, or the interpretation thereof. Upon written notification by Motorola Solutions of such restrictions, Customer agrees to comply with such restrictions.
AUTHORIZATION AND ACCEPTANCE OF TERMS
I HEREBY CERTIFY that I am executing this Exhibit_, to the Subscription Services Agreement as the authorized representative of Customer and that I have direct knowledge of and affirm all facts and representations made above.
CUSTOMER:
Signature ____________ _
Print Name ------------
Title ---------------
Dated --------------(mm/dd/yy
42 May 10, 2022 Item #11 Page 53 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 LexisNexis Risk Solutions Government Application
The information submitted on this Application will be used to determine the applicant's eligibility for accessing the services and products of LexisNexis Risk Solutions FL Inc. and its affiliates (hereinafter "LN"). To avoid delay, please provide all information requested. By submitting this Application, the applicant hereby authorizes LN to independently verify the information submitted and perform research about the individuals identified. Acceptance of this Application does not automatically create a business relationship between LN and the applicant. LN reserves the right to reject this Application with or without cause and to request additional information. Applicant acknowledges and understands that LN will only allow applicant access to the LN Services if applicant's credentials can be verified in accordance with LN's internal credentialing procedures.
Section I -Agency Information -please do not use abbreviations Full legal name of agency: Main phone number for address*:
*If this is a cell, additional documents may be
required
If this application is for an additional account, Parent Fax number:
account number:
Physical Address where LN services will be Previous address if at the current address less than 6 accessed-months:
P.O. Box/Mail Drops cannot be accepted (street,
city, state, zip):
Website address: External Agency IP Address (https:/ / www.whatismyIP.com):
External Agency IP Range -From: External Agency IP Range -To:
Agency information:
□ Federal Government □ Federal Law Enforcement □ Local/Municipal Government □ State Government □ State Law Enforcement □ Local/Municipal Law Enforcement □ Other (please explain):
43 May 10, 2022 Item #11 Page 54 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 Section II -Administrator and Main Contact Information
(for additional administrators, please provide additional sheets)
Product Administrator or Main Contact (first & last
name):
E-Mail Address:
Required for local and municipal agencies:
Title:
Admin IP Address:
Administrator Home Address (street, city, state, zip): Administrator Date of Birth:
Section III -Billing Information
Billing Contact (first & last name): check here if same Title:
as
Administrator □
Billing Address ( street, city, state, zip): Telephone:
E-Mail Address: Sales Tax Exempt:
□No □Yes -please provide proof of exemption
Do you require a PO number on invoice:
□ No □ Yes If Yes, provide PO Number:
Section IV -Business-to-Business Vendor Reference
Required for local and municipal agencies:
Company Name: Contact:
Business Address (street, city, state, zip): Contact Phone Number:
E-mail Address: Account Number (if applicable):
Section V -Site Visits
Site visits may be required to assure Applicant eligibility for LN products or services. By submitting this Application, Applicant agrees to authorize a site visit by LN or its approved third-party, and agrees to cooperate in its completion. If the contact for coordinating the site visit is not identified above as the Administrator, please provide the site visit contact's information below:
Contact Name: Contact Phone:
Contact Email Address:
44 May 10, 2022 Item #11 Page 55 of 604
OocuSign Envelope ID: AB2013B4-94BF-4BOC-B860-740C09059AF5 Signature
I HERE BY CERTIFY that I am authorized to execute this Application on behalf of the Agency listed above and that I have direct knowledge of the facts stated above.
Applicant Signature: Date Signed:
Applicant Name: Title:
45 May 10, 2022 Item #11 Page 56 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5
NON-FCRA PERMISSIBLE USE CERTIFICATION -GOVERNMENT
Customer (Agency)
Name:
DBA:
Address
City, State, Zip: _______________________ _
Contact Name: __________ Phone: __________ _
REQUIRED Please describe your purpose of use: __________ _ Definitions. Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA").
Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA") .
Law Enforcement Agencies Only: Review and, if appropriate, certify to the following:
Customer represents and warrants that it will use the LN Services solely for law enforcement purposes, which comply with applicable privacy laws including, but not limited to the GLBA and the DPPA.
To certify, check here: □ Proceed to SECTION 3. QUALIFIED ACCESS SECTION 1. GLBA EXCEPTION/PERMISSIBLE PURPOSE -NOT APPLICABLE TO
LAW ENFORCEMENT
Some LN Services use and/or display nonpublic personal information that is governed by the privacy provisions of the GLBA. Customer certifies it has the permissible purposes under the GLBA to use and/or obtain such information, as marked below, and Customer further certifies it will use such information obtained from LN Services only for such purpose(s) selected below or, if applicable, for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session:
□ No applicable GLBA exception/permissible use. Proceed to SECTION 2. DPPA
PERMISSIBLE USES
(At least one (1) must be checked to be permitted access to GLBA data) D As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer.
D As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the identification information contained in applications.
D To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability.
D In required institutional risk control programs.
46 May 10, 2022 Item #11 Page 57 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 □ In resolving consumer disputes or inquiries.
□ Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer.
□ Use by persons acting in a fiduciary or representative capacity on behalf of the consumer. □ In complying with federal, state, or local laws, rules, and other applicable legal requirements. □ To the extent specifically permitted or required under other provisions oflaw and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of Treasury, a State insurance authority, or the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety.
SECTION 2. DPPA PERMISSIBLE USES -NOT APPLICABLE TO LAW
ENFORCEMENT
Some LN Services use and/or display personal information, the use of which is governed by the DPPA: Customer certifies it has a permissible use under the DPPA to use and/or obtain such information and Customer further certifies it will use such information obtained from LN Services only for one (1) or more of the purposes selected below or for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session:
D No permissible use. Proceed to SECTION 3. QUALIFIED ACCESS (At least one (1) must be checked to be permitted access to DPPA data) □ For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation oflitigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court. □ For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only-
(A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(8) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. □ Use by a government agency, but only in carrying out its functions. □ Use by any person acting on behalf of a government agency, but only in carrying out the agency's functions.
□ Use by an insurer (or its agent) in connection with claims investigation activities or antifraud activities.
47 May 10, 2022 Item #11 Page 58 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 □ In connection with motor vehicle safety or theft, or driver safety (except by or for a motor vehicle manufacturer).
Use by an employer or its agents or insurer to obtain or verify information relating to a holder of a □ commercial driver's license that is required under Chapter 313 of Title 49 of the United States Code.
□ For use in providing notice to the owners of towed or impounded vehicles. □ For use in connection with the operation of private toll transportation facilities.
With regard to the information that is subject to the DPPA, some state laws' permissible uses may vary from the permissible uses identified above. In such cases, some state information may not be available under each permissible use listed above and/or Customer may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state.
Customer agrees and certifies it will use the information described above only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request.
SECTION 3. QUALIFIED ACCESS
Certain users ("Authorized Users") may be able to obtain full social security numbers (nine (9) cligits) and driver's license numbers (collectively, "QA Data"), when appropriate, through some LN Services. Only those users that are within the Authorized User List below, and that use QA Data for an Authorized Use identified below, may qualify. To potentially qualjfy as an Authorized User, Customer must certify that its business is within the Authorized User List below and its use of QA Data is within the Authorized Use List below. □ Customer is NOT requesting access to QA Data. Proceed to SECTION 4. DEATH
MASTER FILE
□ Customer is requesting access to QA Data. Complete the sections below.
What department will be using QA Data? _______________ _
SOCIAL SECURITY NUMBERS
□ Not an authorized user. Proceed to DRIVER'S LICENSE NUMBERS
1. AUTHORIZED USER (At least one (1) must be checked to receive Social Security Numbers)
□
□
Federal, state or local government agency with law enforcement responsibilities.
Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. 48 May 10, 2022 Item #11 Page 59 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 □ Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful.
□ Collection department of a creditor.
□ Collection company acting on behalf of a creditor or on its own behalf. □ Other public or private entity for the purpose of detecting, investigating or preventing fraud.
Describe your business:
2. AUTHORIZED USE (At least one (1) must be checked to receive Social Security Numbers) □ Location of suspects or criminals.
□ Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support.
□ Location of individuals alleged to have failed to pay taxes or other lawful debts. □ Identity verification.
□ Other uses similar to those described above. Describe your use:
By selecting above, the Customer certifies that it is an Authorized User, and-that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s).
DRIVER'S LICENSE NUMBERS
□ Not an authorized user. Proceed to SECTION 4. DEATH MASTER FILE
1. AUTHORIZED USER (At least one (1) must be checked to receive Driver's License Numbers)
□ Federal, state or local government agency with law enforcement responsibilities. □ Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. □ Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. □ Collection department of a creditor.
□ Collection company acting on behalf of a creditor or on its own behalf. 49 May 10, 2022 Item #11 Page 60 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74OCD9O59AF5 □ Other public or private entity for the purpose of detecting, investigating or preventing fraud.
Describe your business:
2. AUTHORIZED USE (At least one (1) must be checked to receive Driver's License Numbers)
□ Location of suspects or criminals.
□ Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support.
□ Location of individuals alleged to have failed to pay taxes or other lawful debts. □ Identity verification.
□ Other uses similar to those described above. Describe your use:
..
By selecting above, the Customer certifies that it is an Authorized User, and that it will use Driver's License Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s).
SECTION 4. DEATH MASTER FILE
For access to Limited Access DMF Data only.
□ No permissible purpose. Proceed to AUTHORIZATION AND ACCEPTANCE OF TERMS
1. Definitions. For purposes of this Certification, these terms are defined as follows:
a. DMF Agreement: The Limited Access Death Master File Non-federal Licensee Agreement for Use and Resale executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government (NTIS, as below defined). The DMF Agreement form is found at www.lexisnexis.com/risk/DMFDocuments .
b. Certification Form: The Limited Access Death Master File Subscriber Certification Form executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government (NTIS, as below defined). The Certification Form is found at www.lexisnexis.com/risk/DMFDocuments .
c. DMF: The federal Death Master File.
d. NTIS: National Technical Information Service, U.S. Department of Commerce e. Open Access DMF: The DMF product made available through LN, which obtains the data from NTIS, and which does not include DMF with respect to any deceased 50 May 10, 2022 Item #11 Page 61 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 individual at any time during the three-calendar-year period beginning on the date of the individual's death. Open Access DMF data should not be accessed pursuant to this Certification but should be accessed pursuant to a customer contract for such DMF data that is not Limited Access DMF.
f. Limited Access DMF: Limited Access DMF includes DMF data with respect to any deceased individual at any time during the three-calendar-year period beginning on the date of the individual's death. Limited Access DMF is made available through LN as a Certified Person, by NTIS. This Certification governs Customer's access to Limited Access DMF from LN ( or the applicable LN affiliate), whether full or partial Limited Access DMF records or indicators of deceased status, and via any format, including online, XML feed, or in-house file processing through LN.
11. Certification.
Customer's access to the Limited Access DMF requires certification of purpose, as required by 15 CFR Part 1110 and section 1001 of Title 18, United States Code. Customer hereby certifies that it has the indicated permissible purpose(s) under part (a) of this Section II ("Certification") and that .it meets the requirements of part (b) of this Section II:
(a) Such Customer has a legitimate fraud prevention interest, or has a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, will use the Limited Access DMF only for such purpose(s), and specifies the basis for so certifying as (choose any applicable purposes that apply to Customer's use):
□ Legitimate Fraud Prevention Interest: Customer has a legitimate fraud prevention interest to detect and prevent fraud and/or to confirm identities across its commercial business and/or government activities.
□ Legitimate Business Purpose Pursuant to a Law, Governmental Rule, Regulation, or Fiduciary Duty: Customer has one or more of the purposes permitted under 42 USC 1306c including fraud prevention and ID verification purposes. Customer's specific purpose(s) for obtaining Limited Access DMF data under this Certification is:
□ Fraud Prevention and identity verification purposes
□ For uses permitted or required by law
□ For uses permitted or required by governmental rules
□ For uses permitted or required by regulation
□ For uses necessary to fulfill or avoid violating fiduciary duties and (b) Customer has systems, facilities, and procedures in place to safeguard Limited Access DMF, and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986, and
(c) Customer agrees to satisfy the requirements of such section 6103(p )( 4) as if such section applied to Customer.
51 May 10, 2022 Item #11 Page 62 of 604
OocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9O59AF5 Ill. Flow-down Agreement Terms and Conditions
The Parties a~ee that the following terms and conditions are applicable to Customer and ordering, access to, and use of Limited Access DMF:
1. Compliance with Terms of Agreement and CFR. Customer of Limited Access DMF must comply with the terms of the DMF Agreement and the requirements of 15 CFR Part 11 10, as though set forth as a Subscriber therein, and Customers may not further distribute the Limited Access DMF.
2. Change in Status. Should Customer's status change such that it would no longer have a permissible purpose to access Limited Access DMF under this Addendum, Customer agrees to immediately notify LN in writing in the manner and format required for notices under the Contract. Should Customer cease to have access rights to Limited Access DMF, Customer shall destroy all Limited Access DMF, and will certify to LN in writing that is has destroyed all such DMF.
3. Security and Audit. Customer will at all times have security provisions in place to protect the Limited Access DMF from being visible, searchable, harvestable or in any way discoverable on the World Wide Web. Customer understands that any successful attempt by any person to gain unauthorized access to or use of the Limited Access DMF provided by LN may result in immediate termination of Customer's access and this Addendum. In addition, any successful attempt by any person to gain unauthorized access may under certain circumstances result in penalties as prescribed in 15 CFR § 1110.200 levied on Customer and the person attempting such access. Customer will take appropriate action to ensure that all persons accessing the Limited Access DMF it obtains from LN are aware of their potential liability for misuse or attempting to gain unauthorized access. Any such access or attempted access is a breach, or attempted breach, of security and Customer must immediately report the same to NTIS at [email protected]; and to LN by written notification to the LN Information Assurance and Data ~rotection Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email ([email protected]) and by phone (1-888-872-5375).
Customer agrees to be subject to audit by LN and/or NTIS to determine Customer's compliance with the requirements of this Addendum, the Agreement, and 15 CFR Part 1110. Customer agrees to retain a list of all employees, contractors, and subcontractors to which it provides Limited Access DMF and to make that list available to NTIS and/or LN as part of any audits conducted hereunder. Customer will not resell or otherwise redistribute the Limited Access DMF.
4. Penalties. Customer acknowledges that failure to comply with the provisions of paragraph (3) of the Certification Form may subject Customer to penalties under 15 CFR § 1110.200 of $1 ,000 for each disclosure or use, up to a maximum of $250,000 in penalties per calendar year, or potentially uncapped for willful disclosure. s. Law, Dispute Resolution, and Forum. Customer acknowledges that this Addendum is governed by the terms of federal law. Customer acknowledges that the terms of Section 14 of the Agreement govern disagreement handling, and, without limitation to the foregoing, that jurisdiction is federal court.
6. Liability. The U.S. Government/NTIS and LN (a) make no warranty, express or implied, with respect to information provided under the Agreement, including but not limited to, implied warranties of merchantability and fitness for any particular use; (b) assume no liability for any direct, indirect or consequential damages flowing from any 52 May 10, 2022 Item #11 Page 63 of 604
DocuSign Envelope ID: A82013B4-94BF-480C-8860-74DCD9D59AF5 use of any part of the Limited Access DMF, including infringement of third party intellectual property rights; and (c) assume no liability for any errors or omissions in Limited Access DMF. The Limited Access DMF does have inaccuracies and NTIS and the Social Security Administration (SSA), which provides the DMF to NTIS, and LN, do not guarantee the accuracy of the Limited Access DMF. SSA does not have a death record for all deceased persons. Therefore, the absence of a particular person in the Limited Access DMF is not proof that the individual is alive. Further, in rare instances, it is possible for the records of a person who is not deceased to be included erroneously in the Limited Access DMF. Customer specifically acknowledges the terms of Attachment B to the Agreement, which terms apply to Customer.
7. Indemnification. To the extent not prohibited by law, Customer shall indemnify and hold harmless NTIS and the Department of Commerce from all claims, liabilities, demands, damages, expenses, and losses arising from or in connection with Customer's, Customer's employees', contractors', or subcontractors' use of the Limited Access DMF. This provision will include any and all claims or liability arising from intellectual property rights.
8. Survival. Provisions hereof related to indemnification, use and protection of Limited Access DMF, audit, disclaimer of warranties, and governing law shall survive termination of this Addendum.
9 . Conflict of Terms. Customer acknowledges that the terms of this Addendum, in the event of conflict with the terms of the Contract, apply in addition to, and not in lieu of, such Contract terms, with respect to the Limited Access DMF qnly.
AUTHORIZA TlON AND ACCEPTANCE OF TERMS
I HEREBY CERTIFY.that I have direct knowledge of the facts stated above and that I am authorized to execute this Certification on behalf of the Customer listed above.
CUSTOMER:
Signature ___________ _
Print Name ------------
Title --------------
Dated --------------
53 May 10, 2022 Item #11 Page 64 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 Mobile Video Addendum
This Mobile Video Addendum (this "MVA") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola") and Customer (as defined in the MCA), and will be subject to, and governed by, the terms of the Master Customer Agreement (the "MCA"), and the applicable Addenda. Capitalized terms used in this MVA, but not defined herein, will have the meanings set forth in the MCA or the applicable Addenda.
1. Addendum. This MVA governs Customer's purchase of any Motorola mobile video Products, including participation in Motorola's Video-as-a-Service Program ("VaaS Program"). A "Mobile Video System" is a solution that includes at least one mobile video Product and requires Integration Services to deploy such mobile video Product or the associated evidence management Product at a Customer Site. In addition to the MCA, other Addenda may be applicable to Products offered under this MVA, including the Subscription Software Addendum ("SSA"), with respect to Subscription Software, and the Equipment Purchase and Software License Addendum ("EPSLA"), with respect to Licensed Software and Equipment, as each of those terms are defined therein, and as further described below. This MVA will control with respect to conflicting or ambiguous terms in the MCA or any other applicable Addendum, but only as applicable to the Mobile Video System or other Products purchased under this MVA · and not with respect to other Products or Services.
2. Evidence Management Systems; Applicable Terms and Conditions.
2.1. On-Premise Evidence Management. If Customer purchases a Mobile Video System where Equipment and Licensed Software for evidence management is installed at Customer Sites (an "On-Premises Evidence Management System"), then, unless the Ordering Document(s) specify that any software is being purchased on a subscription basis (i.e., as Subscription Software), any (i) Equipment and (ii) Licensed Software installed at Customer Sites or on Customer-Provided Equipment, in each case purchased in connection with the On-Premises Evidence Management System, are subject to the EPSLA. On-Premises Evidence Management Systems described in this Section qualify for the System Warranty as described in Section 4 - On-Premises Evidence Management System Warranty (the "System Warranty").
2.2. Cloud Hosted Evidence Management. If Customer purchases Mobile Video System where the software for evidence management is hosted in a data center and provided to Customer as a service ("Cloud Hosted Evidence Management System"), including CommandCentral Evidence and Evidencelibrary.com Products, then such Cloud Hosted Evidence Management System is subject to the SSA. Any Equipment purchased in connection with Cloud Hosted Evidence Management System is subject to the EPSLA. Cloud Hosted Evidence Management System described in this Section do not qualify for the System Warranty. System completion, however, is determined in accordance with the provisions of Section 7 -System Completion below.
2.3. Services. Any Integration Services or Maintenance and Support Services purchased in connection with, or included as a part of, a Mobile Video System are subject to the MCA, and as described in the applicable Ordering Document.
3. Payment. Customer will pay invoices for the Products and Services covered by this MVA in accordance with the invoice payment terms set forth in the MCA. Fees for Mobile Video Systems will be invoiced as of the System Completion Date, unless another payment process or schedule or milestones are set forth in an Ordering Document or applicable Addendum. In addition to Equipment, Licensed Software, Subscription Software and Integration Services (as applicable) sold as part of a Mobile Video System, the Ordering Documents for a Mobile Video 54 May 10, 2022 Item #11 Page 65 of 604
DocuSign Envelope ID: AB201384-94BF-4B0C-B860-74DCD9D59AF5 System may also include post-deployment Integration Services or other Services which are to be provided following the date of functional demonstration ("Post-Deployment Services"). Post- Deployment Services will be invoiced upon their completion and paid by Customer in accordance with the terms of the MCA.
4. On-Premises Evidence Management System Warranty. Subject to the disclaimers in the MCA and any other applicable Addenda, Motorola represents and warrants that, on the System Completion Date (as defined below) for an On-Premises Evidence Management System described in Section 2.1 -On-Premises Evidence Management (a) such On-Premises Evidence Management System will perform in accordance with the descriptions in the applicable Ordering Documents in all material respects, and (b) if Customer has purchased any Equipment or Motorola Licensed Software (but, for clarity, excluding Subscription Software) as part of such On-Premises Evidence Management System, the warranty period applicable to such Equipment and Motorola Licensed Software will continue for a period of one (1) year commencing upon the System Completion Date for the On-Premises Evidence Management System that includes such Products, or on the applicable Product Completion Date, if earlier, instead of commencing upon delivery of the Products in accordance with the terms and conditions set forth in Section 6 - Representations and Warranties; Liabilities of the EPSLA. The warranties set forth in the applicable Addenda are not otherwise modified by this MV A.
5. Additional Software and Video Terms.
5.1. Unlimited Storage. In the event Customer purchases a Cloud Hosted Evidence Management System with "Unlimited Storage", including evidence management under the VaaS Program, then "Unlimited Storage" means storage of all data captured using Equipment sold under this MVA, provided that (1) video recording~ are recorded in an event-based setting where users are not recording an entire shift under one video footage and (2) Customer's data retention policies and practices do not result in the retention of data beyond the legal minimums set forth by the State in which the Customer resides. In the event Customer does not comply with the preceding clauses (1) and (2), Motorola shall have the right to charge Customer for such excess data storage at the prevailing rates. Motorola also has the right to place any data that has not been accessed for a consecutive six (6) month period into archival storage, retrieval of which may take up to twenty-four (24) hours from any access request.
5.2. Applicable End User Terms. Additional license terms apply to third-party software included in certain software Products which are available online at:
www.motorolasolutions.com/legal-flow-downs . Customer will comply, and ensure its Authorized Users comply, with all such additional license terms. Applicable terms are provided in Section 9 of the Software Products Addendum.
5.3. WatchGuard Detector Mobile. Any order by Customer of WatchGuard Detector Mobile is on a subscription basis and subject to the SSA.
5.4. Vigilant Access. Customer may opt for subscription to additional Subscription Software, including use of the Law Enforcement Archival Network ("LEARN"), which is subject to the SSA and any additional terms governing the use of LEARN. If Customer purchases a subscription to commercial license plate recognition data, then Customer will execute and agree to the terms of Motorola's standard Data License Addendum.
5.5. License Plate Recognition Data. License plate recognition ("LPR") data collected by Customer is considered Customer Data (as defined in the MCA) and is therefore subject to the Customer's own retention policy. Customer, at its option, may share its LPR data with other similarly situated Law Enforcement Agencies ("LEAs") which contract with Motorola to access 55 May 10, 2022 Item #11 Page 66 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 LEARN by selecting this option within LEARN. Other similarly situated LEAs may similarly opt to share their LPR data with Customer using LEARN. Such LPR data generated by other LEAs is considered Third-Party Data (as defined in the MCA), is governed by the retention policy of the respective LEA, and shall be used by Customer only in connection with its use of LEARN. LPR data that has reached its expiration date will be deleted from LEARN. Only individuals who are agents and/or sworn officers of Customer and who are authorized by Customer to access LEARN on behalf of Customer through login credentials provided by Customer ("User Eligibility Requirements") may access LEARN. Vigilant in its sole discretion may deny access to LEARN to any individual based on such person's failure to meet the User Eligibility Requirements. Customer will ensure no user logins are provided to agents or officers of other local, state, or Federal LEAs without the express written con~ent of Vigilant. Customer will be responsible for all individuals' access to, and use of, LEARN through use of Customer login credentials, including ensuring their compliance with this Agreement.
5.6. API Support. Motorola will use commercially reasonable efforts to maintain its Application Programming Interface ("API") sold in connection with any Mobile Video System. APls will evolve and mature over time, requiring changes and updates. Motorola will use reasonable efforts to continue supporting any version of an API for six (6) months after such version is introduced, but if Motorola determines, in its sole discretion, to discontinue support of an API for any reason, Motorola will provide reasonable advance notification to Customer. If an API presents a security risk, Motorola may discontinue an API without prior notice.
5.7. Support of Downloaded Clients. If Customer purchases any software Product that requires a client installed locally on Customer-Provided Equipment or Equipment in possession of Customer, Customer will be responsible for downloading and installing the current version of such client, as it may be updated from time to time. Motorola will use reasonable efforts to continue supporting any version of a client for forty-five (45) days following the general availability of a new version release. Motorola may update the current version of its client at any time, including for security vulnerabilities, bug fixes, product improvements, and feature updates, and Motorola makes no representations or warranties that any software Product will support prior versions of a client.
5.8. CJIS Security Policy. Motorola agrees to support Customer's obligation to comply with the Federal Bureau of Investigation Criminal Justice Information Services ("CJIS") Security Policy and will comply with the terms of the CJIS Security Addendum for the term of the Addendum or Ordering Document for the applicable Product. Customer hereby consents to Motorola screened personnel serving as the "escort" within the meaning of CJIS Security Policy for unscreened Motorola personnel that require access to unencrypted Criminal Justice Information for purposes of Product support and development.
6. VaaS Program Terms. All hardware provided by Motorola to Customer under the VaaS Program will be considered "Equipment", as defined in the EPSLA, and constitutes a purchase of such Equipment subject to the terms of the EPSLA. Additionally, the following terms and conditions apply to any Equipment purchased under the VaaS Program:
6.1. Technology Refresh. All body cameras and associated batteries purchased under the VaaS Program ("Body Cameras") are eligible for a one-time replacement at no additional cost to the Customer beginning on the date three (3) years following the date of delivery of the initial Body Cameras and associated batteries provided under the VaaS Program. In order to receive any replacement Body Camera applicable under this Section 6.1 -Technology Refresh, Customer must return the existing Body Camera to Motorola in working condition. The corresponding replacement Body Camera will be the then-current model of the Body Camera at the same tier as the Body Camera that is returned to Motorola. For clarity, any other Equipment 56 May 10, 2022 Item #11 Page 67 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AFS received by Customer as part of the VaaS Program, other than Body Cameras, will not be eligible for a technology refresh hereunder.
6.2. No-Fault Warranty. Subject to the disclaimers set forth in the MCA and EPSLA, upon delivery of any Equipment purchased as part of the VaaS Program, Motorola will provide a No- fault Warranty to Customer for such Equipment that extends until the end of the Commitment Term (as defined below) applicable to such Equipment; except that the No-fault Warranty will not apply to: (i) any Equipment with intentionally altered or removed serial numbers, (ii) any other damages disclaimed under the MCA or EPSLA, or (iii) any Equipment that Motorola determines was changed, modified, or repaired by Customer or any third party. The "No-fault Warranty" means that Motorola will repair or replace any Equipment components or parts that render the applicable Equipment unable to perform its intended purpose. With respect to any batteries in Body Cameras, a battery will be considered faulty and covered under this No-fault _Warranty if it falls below sixty percent (60%) of rated capacity.
6.3. Commitment Term. Customer accepts that following the delivery of any Equipment under the VaaS Program, Customer commits to a five (5) year subscription term for such Equipment at the rate provided in the Ordering Document (the "Initial Commitment Term"). If Customer, for any reason, terminates any of its obligations to Motorola prior to expiration of the applicable Commitment Term (as defined below), Customer will be subject to the payments described in Section 6.7.2 -Termination hereunder.
6.4. Additional Devices. Any additional Equipment, including any accessory items, ordered by Customer after Customer's initial purchase of Equipment hereunder may be subject to an incremental increase in Fees. In the event Customer orders additional Equipment under the VaaS Program within the ninety (90) days immediately following its initial purchase, such Equipment will be included in and subject to the Initial Commitment Term . Any additional Equipment purchased under the VaaS Program subsequent to such ninety (90) day period, will commence an additional subscription term commitment for such Equipment of five (5) years (a "Subsequent Commitment Term") with respect to the monthly Fee associated with such additional Equipment. For purposes of this Addendum, the Initial Commitment Term and each Subsequent Commitment Term are each also referred to herein as a "Commitment Term".
6.5. Included Subscription Software.
6.5.1. Evidencelibrary.com. Subject to Section 6.7.1 -VaaS Term, the VaaS Program provides Customer with a subscription to the Cloud Hosted Evidence Management System specified in the Ordering Document during the VaaS Term (as defined below), the use of which is subject to the SSA. Customer's subscription will include unlimited users, Unlimited Storage and unlimited sharing, provided any media or data uploaded to the Cloud Hosted Evidence Management System is done so using Motorola Equipment actively enrolled in the VaaS Program. Following expiration of the applicable Commitment Term, if Customer desires to continue use of expired Equipment with the Cloud Hosted Evidence Management System, Customer must purchase additional access to Cloud Hosted Evidence Management System based on Motorola's prevailing rates, or Motorola _may disconnect connectivity of any expired Equipment to the Cloud Hosted Evidence Management System.
6.5.2. CommandCentral. For each Body Camera, in-car system or integrated system purchased, Customer will receive one user license for Motorola CommandCentral, which provides access to CC Community, CC Capture, CC Vault and CC Records. 57 May 10, 2022 Item #11 Page 68 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9O59AF5 If the Customer requires additional licenses to CommandCentral they must be purchased for an additional fee.
6.5.3. CarDetector Mobile. If Customer's VaaS Program order includes an in-car system, Customer will receive a subscription to WatchGuard CarDetector Mobile during the VaaS Term, the use of which is subject to the SSA.
6.6. VaaS Program Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay a subscription Fee quarterly (each a "Subscription Quarter"), as set forth in an Ordering Document. If Customer orders any additional Product(s) under the VaaS Program subsequent to the initial purchase by Customer, Fees for such additional Product will be added to the quarterly subscription Fee, and will be payable on the same Fee payment schedule as the initial Product purchased under the VaaS Program; provided, however, that for the first Subscription Quarter during which such additional Product is purchased, the subscription Fee for the applicable additional Product will be pro-rated based on the applicable number of days remaining in the such initial Subscription Quarter.
6.7. VaaS Program Term and Termination.
6.7.1. VaaS Term. Customer's participation in the VaaS Program will commence upon the System Completion Date under this MVA, and will continue through the end of the final Commitment Term he_reunder ("the "VaaS Term"). Following the end of any Commitment Term, Customer's access to the Cloud Hosted Evidence Management System with respect to the Equipment purchased relative to that Commitment Term will expire, and Customer must download or transfer all Customer Data associated with the applicable Equipment within thirty (30) days following expiration unless Customer purchases extended access to the Cloud Hosted Evidence Management System from Motorola at the prevailing rates.
Motorola has no obligation to retain Customer Data for expired Equipment beyond thirty (30) days following expiration of the applicable Commitment Term. For example, if Customer purchases 100 devices on January 1 of Year 1 of the VaaS Term, and then 100 additional devices on January 1 of Year 3, on December 31 of Year 5 (i.e., the conclusion of the Initial Commitment Term), Customer's access to the Cloud Hosted Evidence Management System with respect to the first 100 devices will be discontinued, and Customer must purchase extended storage or transfer all Customer Data associated with the first 100 devices within thirty (30) days of expiration of the Initial Commitment Term. In the foregoing example, the Cloud Hosted Evidence Management System access and data storage for the second 100 devices purchase will extend until December 31 of Year 7.
6.7.2. Termination. The termination provisions applicable to the VaaS Program will be those set forth in the MCA, EPSLA and SSA, as applicable. If Customer's participation in the VaaS Program is terminated for any reason prior to the end of the Initial Commitment Term or any Subsequent Commitment Term , Customer will pay the pro-rated remainder of the aggregate Equipment MSRP price (prevailing as of the time of delivery), calculated by multiplying the MSRP price of all Equipment purchased under the VaaS Program by the percentage resulting from dividing the number of months remaining in the Commitment Term applicable to such Equipment by sixty (60). In the event Customer purchased Equipment on multiple dates, resulting in separate Commitment Terms for certain Equipment, the preceding calculation will be made relative to the applicable Commitment Term for each Equipment order. For example, if Customer purchased $1 ,000 worth of Equipment on January 1 of Year 1 of the VaaS Term, and then $1,000 worth of 58 May 10, 2022 Item #11 Page 69 of 604
DocuSign Envelope ID: AB2013B4-94BF-4B0C-B860-74DCD9D59AF5 Equipment on January 1 of Year 2, and then Customer's VaaS Program terminates on December 31 of Year 3, Customer will be required to repay: $1,000 x (24/60) + $1,000 x (36/60), which is equal to $1,000 in the aggregate.
7. System Completion. Any Mobile Video System sold hereunder will be deemed completed upon Customer's (or the applicable Authorized User's) Beneficial Use of the applicable Mobile Video System (the "System Completion Date"). Customer will not unreasonably delay Beneficial Use, and in any event, the Parties agree that Beneficial Use will be deemed to have occurred thirty (30) days after functional demonstration. As used in this Section, "Beneficial Use" means use by Customer or at least one (1) Authorized User of the material features and functionalities of Mobile Video System, in material conformance with Product descriptions in the applicable Ordering Document. Any additional Equipment sold in connection with the initial Mobile Video System shall be deemed delivered in accordance of the terms of the EPSLA. Any additional Subscription Software purchased under the VaaS Program will be deemed delivered upon Customer's receipt of credentials required for access to the Cloud Hosted Evidence Management System or upon Motorola otherwise providing access to the Cloud Hosted Evidence Management System. This Section applies to Products purchased under the MVA notwithstanding the delivery provisions of the Addendum applicable to such Products, such as the SSA or EPSLA, and this Section will control over such other delivery provisions to the extent of a conflict.
8. Additional Cloud Terms. The terms set forth in this Section 8 -Additional Cloud Terms apply in the event Customer purchases any cloud hosted software Products under this MVA, including a Cloud Hosted Evidence Management System.
8.1. Data Storage. Motorola will determine, in its sole discretion, the location of the stored content for cloud hosted software Products. All data, replications, and backups will be stored at a location in the United States for Customers in the United States.
8.2. Data Retrieval. Cloud hosted software Products will leverage different types of storage to optimize software, as determined in Motorola's sole discretion. For multimedia data, such as videos, pictures, audio files, Motorola will, in its sole discretion, determine the type of storage medium used to store the content. The type of storage and medium selected by Motorola will determine the data retrieval speed. Access to content in archival storage may take up to twenty- four (24) hours to be viewable.
8.3. Availability. Motorola will make reasonable efforts to provide monthly availability of 99.9% for cloud hosted software Products with the exception of maintenance windows. There are many factors beyond Motorola's control that may impact Motorola's ability to achieve this goal.
8.4. Maintenance. Scheduled maintenance of cloud hosted software Products will be performed periodically. Motorola will make commercially reasonable efforts to notify customers one (1) week in advance of any such maintenance. Unscheduled and emergency maintenance may be required from time to time. Motorola will make commercially reasonable efforts to notify customers of any unscheduled or emergency maintenance twenty-four (24) hours in advance.
9. Survival. The following provisions will survive the expiration or termination of this MVA for any reason: Section 1 -Addendum; 2 -Evidence Management Systems; Applicable Terms and Conditions; Section 3 -Payment; Section 5.2 -Applicable End User Terms; Section 6.5.1 -Evidencelibrary.com; Section 6.7 -VaaS Program Term and Termination; Section 9 -Survival.
59 James t mears (Feb 20, 2021 06:01 EST)
SOP E-75 DELEGATION OF AUTHORITY I, Jim Mears, Senior Vice President of Motorola Solutions, Inc. (“Company”), North America Government Sales ("Division") do hereby delegate my authority to approve and execute in the name of and on behalf of the Company and Motorola Solutions Canada Inc. (“MSCI”) contract documents (pursuant to Company policy), to the below named and titled individuals with the following dollar and other limitations as specified and explicitly set out below.
Delegation to approve and execute the following Contract documents: Customer purchase and sale contracts, contract modifications, bids, proposals, bidder list applications, certifications, software licenses, non-disclosure agreements relating to customer sales opportunities, teaming agreements relating to customer sales opportunities, lobbyist agreements, subcontractor documents and other contract documents related to North America direct government sales on behalf of the Company or Motorola Solutions Canada Inc. Region: To: Value: North America Micah Applewhite $10,000,000 Territory Vice President (TVP) for T8
This Delegation of Authority granted herein shall not be delegable or assignable to any other person and shall expire on February 14, 2023. The authority delegated to the above-named individuals is in addition to the authority such individuals may have to approve and execute contract documents as an officer of the Company.
This Delegation can be revoked by me at any time and will automatically expire for any named and titled individual if he or she ceases to be an employee of the Company or if he or she is assigned a different position within the Company. If a named individual is assigned a different position within the Company, the named successor is automatically given the designated authority unless a letter is provided stating otherwise.
IN WITNESS WHEREOF, I have executed this delegation of authority as of February 15, 2022.
Jim Mears
Senior Vice President, North America Government Sales Motorola Solutions, Inc.
May 10, 2022 Item #11 Page 70 of 604
CERTIFICATE OF ASSISTANT SECRETARY MOTOROLA SOLUTIONS, INC.
The undersigned certifies that he or she is a duly appointed Assistant Secretary of Motorola Solutions, Inc. (the “Company”), a corporation duly organized and existing under the laws of the State of Delaware, and that, as such, he or she is authorized to execute this Certificate on behalf of the Company, and further certifies that:
1.At a meeting of the Board of Directors of the Company held on May 18, 2021 at which a quorum waspresent and acting throughout, the following resolutions were duly adopted, effective May 18, 2021, have not beenamended, and are in full force and effect on the date hereof:
RESOLVED, that all Senior Vice Presidents be, and each one of them is, authorized to sign and execute all agreements, contracts, bids, proposals, deeds, assignments, powers of attorney, performance guarantees, performance guarantee undertakings, instruments, documents, claims, including claims against the United States, and certifications of such claims, in the ordinary course of business of the Company and related to his or her work as a Senior Vice President of one of the Company’s businesses, groups or corporate departments, all of which are collectively referred to as “Documents”, provided that this authority does not extend to:
a.Documents having a value in excess of $50 million in the aggregate over the term of thearrangement; or b.Documents related to: (i) acquisitions, divestures, joint ventures and equity investments, (ii)outsourcing arrangements, (iii) customer financing extending more than 364 days, (iv) capitalexpenditures, (v) lease commitments, (vi) agreements and compensatory arrangements applicable to Motorola Solutions Appointed Vice Presidents and above, (vii) litigation and legal claims, (viii) appointing agents and attorneys-in-fact to represent the Company before any customs agency, (ix)financial guarantees, financial surety agreements and financial guarantee undertakings, (x) openingbank accounts, (xi) establishing borrowing relationships on behalf of the Company, and (xii) voting or otherwise dealing with securities owned by the Company. Authority for such Documents is found in the specific resolutions below.
RESOLVED, that the Board has adopted specific resolutions authorizing the signing and execution by Senior Vice Presidents of Documents related to procurement arrangements. Authority for such Documents is found in the specific resolutions below.
The officers named above are authorized to delegate this signature authority in writing to others.
2.The following person is a duly qualified and acting officer of the Company and has been duly elected to theoffice set forth opposite his or her name:
Name Title
Jim Mears Senior Vice President
IN WITNESS WHEREOF, I have executed this Certificate as of this 10th day of March, 2022. _________________________________ Nick Frattini Assistant Secretary May 10, 2022 Item #11 Page 71 of 604
Motorola Solutions, Inc.
500 W. Monroe, Floors 37-44 Chicago, Illinois 60661
Effective: January 18, 2022
Executive Committee
Gregory Q. Brown Chairman and Chief Executive Officer
Jason J. Winkler Executive Vice President and Chief Financial Officer Mark S. Hacker Executive Vice President, General Counsel & Chief Administrative Officer John P. Molloy Executive Vice President and Chief Operating Officer Rajan S. Naik Senior Vice President, Strategy & Ventures Daniel G. Pekofske Corporate Vice President and Chief Accounting Officer Mahesh Saptharishi Executive Vice President & Chief Technology Officer Cynthia Yazdi Senior Vice President, Chief of Staff, Communications & Brand and Motorola Solutions Foundation
Board of Directors
Gregory Q. Brown Kenneth D. Denman Egon P. Durban
Ayanna M. Howard Clayton M. Jones Judy C. Lewent Gregory K. Mondre Joseph M. Tucci
May 10, 2022 Item #11 Page 72 of 604
G MOTOROLA SOLUTIONS
Attachment B
May 10, 2022 Item #11 Page 73 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 • MOTOROLA SOLUTIONS
CITY OF CARLSBAD, CA
EXHIBIT A: CONTRACT DOCUMENTATION REQUIREMENTS FEBRUARY 16, 2022 RFP No. 20-13
MOTOROIA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2021 Motorola Solutions, Inc. All rights reserved.
May 10, 2022 Item #11 Page 74 of 604
DocuSign Envelope ID: EEOOOOEC-B190-469F-887C-147E3BCEAFF7
TABLE OF CONTENTS
Section 1 ................................................................................................................ 1 Services Solution Description ................................................................................ 1
1.1 Services Solution Description Introduction ................................................................................ 1
1.2 Complete Solution Overview ..................................................................................................... 1
1.3 Benefits of a Cloud-Based Solution .......................................................................................... 2
1.3.1 Command Center Software Suite .......................................................................................... 2
1.4 CAD Overview ........................................................................................................................... 4
1.4.1 Subscription and Licensing ................................................................................................... 4
1.4.2 PremierOne Cloud CAD Capabilities .................................................................................... 4
1.5 PremierOne Cloud CAD Interface Strategy .............................................................................. 7
1.6 PremierOne Mobile Solution Description .................................................................................. 7
1.6.1 Overview ............................................................................................................................... 7
1.6.2 Subscription and Licensing ................................................................................................... 8
1.6.3 PremierOne Mobile Capabilities ............................................................................................ 8
1.6.4 Features Supported by Platform ........................................................................................... 9 1 . 7 PremierOne Cloud Reporting .................................................................................................. 10
1. 7.1 CommandCentral Reporting ............................................................................................... 10
1.7.2 Microsoft Reporting Services .............................................................................................. 10
1.8 PremierOne Interface -Legacy Data Query ........................................................................... 11
1.9 PremierOne Cloud Integration -ASTRO Radio Push-to-Talk (PTT) ...................................... 11
1.10 PremierOne Cloud Integration -Vigilant... .............................................................................. 11
1.11 PremierOne Cloud Integration -VEST A ................................................................................. 11
1.12 CommandCentral Aware Solution Description ........................................................................ 12
1.12.1 CommandCentral Overview ............................................................................................ 12
1.12.2 1.12.3
CommandCentral Aware Features and Integrations ....................................................... 12 Aware Design Limitations ................................................................................................ 17
1.13 CommandCentral Analytics Plus ............................................................................................. 17
1.14 CJIS and Compliance ............................................................................................................. 18
1.15 Optionally Available for Purchase ........................................................................................... 18
1.15.1 4RE In-Car Video as a Service ....................................................................................... 19
1.15.2 M500 In-Car Video as a Service ..................................................................................... 19
1.15.2.1 CommandCentral Evidence ........................................................................................ 20
1.15.2.2 CommandCentral Community ..................................................................................... 20
1.15.3 Motorola V300 Body Worn Cameras Video-As-A Service Offer ..................................... 21 City of Carlsbad, CA
Exhibit A: Contract Documentation Requirements
fl Motorola Solutions
February 16, 2022
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Table of Contents i
May 10, 2022 Item #11 Page 75 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7 Section 2 .............................................................................................................. 22 Statement of Work ............................................................................................... 22
2.1 Statement of Work Overview .................................................................................................. 22
2.1 .1 Award, Administration and Project Initiation ........................................................................ 22
2. 1.2 Project Management Definitions ......................................................................... i ............... 22
2. 1. 3 General Customer Responsibilities ..................................................................................... 23
2.2 Project Roles and Responsibilities .......................................................................................... 23
2.2.1 Motorola Project Roles and Responsibilities Overview ....................................................... 23
2.2.2 Customer Roles and Responsibilities .................................................................................. 26
2.3 Project Initiation and Planning ................................................................................................. 28
2.3.1 Project Planning Session -Teleconference/Web Meeting .................................................. 29
2.3.2 Project Kickoff Session -Teleconference/Web Meeting ..................................................... 31
2.3.3 GIS Planning Session -Teleconference/Web Meeting ....................................................... 31
2.3.4 Interface Planning Session -Teleconference/Web Meeting ............................................... 32
2.3.5 Connectivity Planning Session -Teleconference/Web Meeting .......................................... 33
2.3.6 CommandCentral Aware -Video Management System (VMS) Design Review ................. 34
2.4 PremierOne Cloud Services Project Execution ....................................................................... 34
2.4.1 PremierOne Cloud Hardware and Environment ................... -............................................... 35
2.4.2 PremierOne Cloud Business Process Review (BPR) ........................................................ .40
2.4.3 PremierOne GIS ................................................................................................................. .41
2.4.4 Provisioning ......................................................................................................................... 44
2.4.5 CAD Client Installation ........................................................................................................ 48
2.4.6 Functional Validation ........................................................................................................... 49
2.5 PremierOne Cloud Reporting .................................................................................................. 51
2.6 Interface and Integration Delivery ........................................................................................... 52
2. 7 Interface Deployment .............................................................................................................. 52
2.7.1 Interface Validation ............................................................................................................. 53
2.8 PremierOne Cloud and CommandCentral Training and Consultative Services ...................... 54
2.8.1 Training ............................................................................................................................... 54
2.8.2 CommandCentral Aware Professional Consulting Services ............................................... 54
2.8.3 CommandCentral Investigate Professional Consulting Services ........................................ 55
2.9 PremierOne Cloud and CommandCentral Go Live ................................................................. 56
2.9.1 PremierOne Cloud Go Live Planning .................................................................................. 56
2.9.2 Motorola Support Engagement ........................................................................................... 57
2.9.3 CommandCentral Aware Production Use ........................................................................... 57
2.9.4 CommandCentral Investigate Production Use .................................................................... 57
2.9.5 PremierOne Cloud Go Live Event ....................................................................................... 58
2.10 Project Closure ........................................................................................................................ 58
2.10.1 Transition to Support ....................................................................................................... 59
2.11 Options Available at an Additional Price ................................................................................. 59
2.11.1 Option 1 -Motorola In-Car Cameras (Either 4RE or M500) ............................................ 59
2.11.2 CommandCentral Community ......................................................................................... 59 February 16, 2022
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
ii Table of Contents
City of Carlsbad. CA
Exhibit A: Contract Documentation Requirements
Motorola Solutions G
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.11 .3 Option 2 -Motorola V300 Body Worn Cameras ............................................................. 60
2.12 Appendix A-PremierOne Cloud Attachment.. ........................................................................ 61
2.12.1 Common Services ........................................................................................................... 61
2.12.2 CommandCentral Reporting for PremierOne Cloud ........................................................ 61
2.12.3 Geographic Information System (GIS) Integration .......................................................... 61
2.12.4 PremierOne Cloud File Build ........................................................................................... 62 Section 3 .............................................................................................................. 65 Cost Summ~ry ..................................................................................................... 65
3.1 Pricing Summary ..................................................................................................................... 65 Section 4 .............................................................................................................. 67 Payment Schedule ............................................................................................... 67 Section 5 .............................................................................................................. 68 Project Schedule and Personnel ......................................................................... 68
5.1 Project Schedule ..................................................................................................................... 68
5.2 Project Personnel .................................................................................................................... 69 Section 6 .............................................................................................................. 7 4 Product Validation ................................................................................................ 7 4
6.1 Product Validation Purpose ..................................................................................................... 74
6.2 Verification Process Overview ................... : ............................................................................ 74
6.3 Validation Process Activities ................................................................................................... 74
6.3.1 Prepare Functional Validation Plan ..................................................................................... 7 4
6.3.2 Prepare Interface Validation Plan ........................................................................................ 75
6.3.3 Validation Plan Approval ..................................................................................................... 75
6.3.4 Validation Execution ............................................................................................................ 75
6.3.5 Validation Failures ............................................................................................................... 75
6.4 Sample Functional Validation Workbook ................................................................................ 76 Section 7 .............................................................................................................. 77 Hardware and Network Specifications ................................................................. 77
7.1 PremierOne Cloud Hardware and Environment.. .................................................................... 77
7.1.1 General Hardware and Environment Requirements ........................................................... 77
7.1.2 Component Specifications .................................................................................................. 78
7.1.3 Network and Other Environment Specifications .................................................................. 80 Section 8 .............................................................................................................. 83 Interface Control Documents ............................................................................... 83
8.1 PremierOne Cloud CAD Interface Functional Descriptions .................................................... 83 *Dependent on 3rd Party ability to write to PremierOne API ............................................................ 83 · 8.1.1 CAD Calls For Service Data Feed Interface Functional Description ................................... 83 City of Carlsbad. CA
Exhibit A: Contract Documentation Requirements
G Motorola Solutions
February 16, 2022
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Table of Contents iii
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
8.1.2 CAD Incident Create Interface Functional Description ........................................................ 85
8.1.3 State Query Interface Functional Description ...................................................................... 87
8.1.4 Third Party Query Interface Functional Description ............................................................ 89
8.2 Specific Technical Requirements: ........................................................................................... 90 Section 9 .............................................................................................................. 91 PremierOne Cloud Training Plan ......................................................................... 91
9.1 Overview ................................................................................................................................. 91
9.2 Customer Training Roles ........................................................................................................ 91
9.2.1 Customer Training Representative ..................................................................................... 91
9.2.2 Learning Management Administrator .................................................................................. 91
9.2.3 Customer Training Attendees ............................................................................................. 92
9.3 PremierOne Cloud Training Plan Scope ................................................................................. 92
9.3.1 PremierOne Cloud CAD ...................................................................................................... 92
9.3.2 PremierOne Mobile ............................................................................................................. 93
9.3.3 CommandCentral Aware ..................................................................................................... 93
9.3.4 CommandCentral Investigate End User .............................................................................. 93
9.3.5 OPTION -CommandCentral Community Digital Evidence Collection ................................ 93
9.3.6 OPTION -WatchGuard V300 Cameras ............................................................................. 93
9.4 PremierOne Cloud Training General Information .................................................................... 94
9.4.1 Training Courses ................................................................................................................. 94
9.4.2 Training Facilities and Schedules ........................................................................................ 94
9.4.3 Training Methods and Procedures ...................................................................................... 94
9.4.4 Training Environment .......................................................................................................... 95
9.4.5 Session Attendance ............................................................................................................ 95
9.4.6 Learning experience Portal (LXP) Requirements ................................................................ 96
9.4. 7 LMS Learner Subscription Package .................................................................................... 96
9.5 PremierOne Cloud Course Details .......................................................................................... 96
9.5.1 Training Course Classifications ........................................................................................... 96
9.5.2 Training Course Descriptions .............................................................................................. 98 Section 10 .......................................................................................................... 111 PremierOne Maintenance and Support Agreement.. ......................................... 111 Exhibit A -Customer Support Plan ............................................................................................... 117
10.1 Support Plan Summary ......................................................................................................... 119
10.1.1 Introduction -Serving Our Customer's Needs .............................................................. 119
10.1.2 Service Management Overview -PremierOne Cloud Services .................................... 119
10.2 Motorola Systems Support Center ........................................................................................ 120
10.2.1 Reporting Incidents Using the Toll-free Number ........................................................... 121
1.1 Severity Level and Response Definitions .............................................................................. 121
10.2.2 Severity Response Table .............................................................................................. 122
10.3 Customer Contacts for Notification ....................................................................................... 123
10.4 Case Management via MyView Portal .................................................................................. 123 February 16, 2022
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
iv Table of Contents
City of Carlsbad. CA
Exhibit A: Contract Documentation Requirements
Motorola Solutions G
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
10.4.1 Ticket Initiation via Email ............................................................................................... 124
10.5 Customer Responsibilities for Support .................................................................................. 124
10.6 Motorola Responsibilities· ...................................................................................................... 126
10. 7 Security ................................................................................................................................. 127
10.8 Limitations and Exclusions .................................................................................................... 128 Exhibit B -Labor Rates ................................................................................................................ 129 Section 11 .......................................................................................................... 130 Functional Requirements Matrix ........................................................................ 130 Section 12 .......................................................................................................... 131 Additional Documentation Correspondence ...................................................... 131 City of Carlsbad, CA
Exhibit A: Contract Documentation Requirements
'4D Motorola Solutions
February 16, 2022
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Table of Contents v
May 10, 2022 Item #11 Page 79 of 604
DocuSign Envelope ID: EE0000EC-B19O-469F-887C-147E3BCEAFF7 SECTION 1
City of Carlsbad, CA
February 16, 2022
SERVICES SOLUTION
DESCRIPTION
1.1 SERVICES SOLUTION DESCRIPTION INTRODUCTION
Motorola has provided the City of Carlsbad an "all in" offer for sale. What we mean is that we have listened to the immediate, as well as future needs you have described to us over the past several months. We want to be "all in" with the City of Carlsbad and the building block strategy to achieve your vision. Our offer to you includes not only the required RFP blocks, but also the Real Time Crime Center platform, built on Motorola CommandCentral Aware, for 175 named users. And because your first responders have spoken loud and clear, our offer also includes the Legacy Query Interface, PremierOne CAD Radio PTT Interface and CommandCentral Analytics PlusCommand Central Community is available with purchase of Body Worn Cameras and is provided as an Option. Each of these represent a vital building block in your pursuit for a safer community through better outcomes driven by smart technology.
Lastly, we also know you have other building blocks that need to be updated. One such block is to revamp first responder body worn cameras. To accommodate this, Motorola's architecture and offer includes a new, complete Body Worn Camera solution that will enhance efficiency across the single unified solution while creating positive outcomes for the City of Carlsbad.
The City of Carlsbad is making an investment in technology, but most importantly, you have a vision of building the future with a long-term partner. It is this attitude that has captured our attention, our desire, and our financial investment to share your vision and propel Carlsbad to stand out as a Lighthouse and showcase for agencies and cities across North America.
1.2 COMPLETE SOLUTION OVERVIEW
Motorola Solutions'
PremierOne Cloud CAD
and PremierOne Cloud
Mobile and
CommandCentral Aware
provide actionable
intelligence to inform
decisions, recognize trends,
and gain mission critical
insights to improve
operations. With
PremierOne Cloud and
CommandCentral, your users will be able to reliably share information across dispatch, field, and crime center workflows to connect teams, increase situational awareness, and improve Exhibit A: Contract Documentation Requirements
G Motorola Solutions Services Solution Description 1
May 10, 2022 Item #11 Page 80 of 604
DocuSign Envelope ID: EE0000EC-B19D--469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
incident outcomes. This unified platform reduces the complexity of data capture, communication, and management, enabling your personnel to focus on what matters most-- their mission.
PremierOne Cloud CAD and CommandCentral Aware are the convergence points that centralizes communications and incident data, enabling personnel to quickly access incoming calls, related records, and responder location and status. Dispatch delivers this critical intelligence to PremierOne Mobile users, supporting first responders in the field.
CommandCentral Aware combines disparate systems and data into an accessible interface.
This single interface offers command centers a complete operating picture to support field personnel in real time. CommandCentral Aware unifies data from mapping, correlated event monitoring, analytics, and communications. This unified interface streamlines public safety workflows and viewpoints, enabling users to access and act on critical information.
1.3 BENEFITS OF A CLOUD-BASED SOLUTION
PremierOne Cloud CAD and Mobile offer an interconnected cloud solution with the following benefits for your agency:
Fast Deployment, Easy Updates -PremierOne Cloud offers a faster transition and deployment process. This cloud-hosted solution makes it easier to adopt new features.
Software updates are seamless, without disrupting mission critical performance.
Secure and Flexible Solution -PremierOne Cloud combats cybersecurity threats with advanced intelligence from deeper analytics, real-time updates, and security patching.
Redundant and geographically isolated data centers, plus resilient network infrastructure, ensure the continuity of mission critical operations in the cloud. The cloud-based nature of PremierOne Cloud allows for more flexibility to keep your public safety operations moving despite a variety of obstacles, with the proven reliability of Motorola Solutions' platforms.
Future Ready -PremierOne Cloud is a platform that will evolve alongside your agency. As staffing and operational needs change, the subscription-based named user pricing model allows for seamless adjustment based on specific needs or large-scale emergencies.
1.3.1 Command Center Software Suite
• PremierOne CAD with Automatic Resource Location (ARL) -PremierOne Integrations
• VESTA 9-1-1/TDD
• Vigilant ALPR
• ASTRO APX Radio Push-To-Talk
-PremierOne CAD Interfaces
• NetRMS Calls For Service
• NetRMS Query
• SPIDR Tech
• Axon
• DORS
• CLETS/NCIC
• Crossroads Accidents
• Crossroads Citations
• DORS Query
Exhibit A: Contract Documentation Requirements
2 SeNices Solution Description Motorola Solutions G
May 10, 2022 Item #11 Page 81 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 • LaserFische Query
• QueTel Query
• Legacy Query
• PremierOne Mobile (Windows, iOS, Android) with Mobile Mapping • CommandCentral Aware -Real Time Crime Center
-Agency Esri Data Sets Integration
-AccuWeather Service
-CommandCentral Aware Connectors:
• PremierOne CAD Integration for incident and unit location • Avigilon Video ACC Video Analytics Integration
• Vigilant License Plate Recognition Integration
• VESTA 9-1-1 Call Location Integration
• ASTRO P25 Radio Location on Push-To-Talk (PTT)
• ONSSI VMS
• Drone Interface (TBD)
• OW Spectrum Traffic Cameras
• CommandCentral Reporting
• CommandCentral Analytics Plus
Components Optionally Available for Purchase
• Motorola 4RE or M500 In-Car Video-as-a-Service (VaaS) • Motorola V300 Body Worn Cameras Video-as-A-Service (VaaS) City of Carlsbacl, CA
February 16, 2022
• CommandCentral Community (included with purchase of In-Car or Body Worn Cameras VaaS)
Figure 1-1: PremierOne Cloud Suite System Diagram
The following solution descriptions outline the unique benefits of PremierOne Cloud CAD and Mobile to empower your users with a proven public safety platform.
Exhibit A: Contract Documentation Requirements
C., Motorola Solutions SeNices Solution Description 3
May 10, 2022 Item #11 Page 82 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
1.4 CAD OVERVIEW
Motorola Solutions' PremierOne Cloud Computer-Aided Dispatch (CAD) is an easy-to-use cloud solution that streamlines intelligence capture and dispatch to help keep first responders and their communities informed and safe. As a convergence point that centralizes communications and incident data, PremierOne Cloud CAD enables personnel to quickly access incoming calls, related records, and responder location and status. The PremierOne Cloud CAD workstation displays this information as actionable intelligence, providing dispatchers with a more complete operating picture to enable them to efficiently allocate resources, more quickly inform field personnel, and manage incidents as they evolve.
As a cloud-based solution, PremierOne Cloud CAD offers a faster deployment process than on-premises solutions, as well as higher availability that easily scales should your dispatch operations grow. As upgrades for PremierOne Cloud CAD are released, your personnel can adopt new features and capabilities to ensure that your operations are as efficient and capable as possible. The cloud-based architecture also offloads updates, maintenance, and repair tasks to Motorola Solutions, so that your personnel can remain focused on their mission critical operations.
1.4.1 Subscription and Licensing
1.4.2 1.4.2.1
PremierOne Cloud CAD is proposed as a subscription. As part of this subscription, Motorola Solutions will provide access to the PremierOne client application for named users (any individual that needs a unique log-on user ID and password to access the service). This PremierOne Cloud CAD solution has been sized to include up to 500,000 CAD Calls for Service per year.
Please refer to the pricing section for the specific amount of named users and licenses being proposed. The number of physical CAD workstations as listed in the pricing section cannot be exceeded.
PremierOne Cloud CAD Capabilities
PremierOne Cloud CAD delivers a streamlined experience to improve dispatch, unit, and incident management.
PremierOne Cloud CAD Access and Basic Operation
PremierOne Cloud CAD can be installed on any computer that meets the minimum functional requirements for operation. Once the client application is installed, personnel can access it via a web browser and operate it as a virtual application. The PremierOne Cloud CAD interface consists of a set of status monitors that delivers information to dispatchers and other personnel. This interface is configurable to meet your personnel's specific needs.
Most commands and other operations within the application can be completed either with a mouse or keyboard, although there are several functions, such as selecting units on a map, which require a mouse.
Exhibit A: Contract Documentation Requirements
4 Services Solution Description Motorola Solutions G
May 10, 2022 Item #11 Page 83 of 604
DocuSign Envelope ID: EEOOOOEC-819D-469F-887C-147E3BCEAFF7
1.4.2.2 Incident and Unit Management
City of Carlsbad, CA
February 16, 2022
PremierOne Cloud CAD helps dispatchers manage multiple incidents of varying sizes and criticalities by presenting incident data via a streamlined user interface (UI). It provides quick access to dispatch functionality, summarizes at-a-glance unit and incident status, and places related information, such as unit communications, locations, and alerts, in context.
This immediate access to real-time information enables dispatchers to quickly initiate incidents and assign units to them, as well as manage ongoing events and the resources allocated to them.
Dispatchers can initiate incidents via command line or from the incident initiation form provided within PremierOne Cloud CAD. Once the incident is initiated, units can be dispatched using one of four methods:
• Dispatch incident function key.
• Incident dispatch command.
• Dispatch form.
• Drag and drop feature within status monitors and map.
Once initiated, incidents can be managed through the various incident management features of PremierOne Cloud CAD:
• Updating existing incident information.
• Associating incidents.
• Disassociating incidents.
• Cloning incidents.
• Closing incidents.
• Reopening incidents.
• Displaying a summary list of incidents.
• Searching for incidents.
• Pre-assigning or pre-empting incidents to units with the Call Stacking feature. • Viewing records of all transactions associated with an incident with the audit feature.
Dispatchers can monitor units and manage their assignments through the PremierOne Cloud CAD interface, via the following unit management functionality:
• View and update unit assignment data.
• Make unit status changes.
• View a unit's history.
• View the current activities for a unit.
• Clear units from an incident.
• Manipulate units that are assigned to incidents.
• Place a group of units on or off duty via a single transaction with Roll Call, allowing users to update shift assignments for on duty units without the need to first take these units off duty.
PremierOne Cloud CAD can also change a unit's capabilities based on the personnel assigned to that unit. Manual incident notifications feature is a process by which PremierOne Cloud CAD informs users that they are to manually notify individuals who are . not a part of PremierOne Cloud CAD, and helps to prevent multiple notification recipients from contacting an individual simultaneously.
Exhibit A: Contract Documentation Requirements
ti Motorola Solutions Services Solution Description 5
May 10, 2022 Item #11 Page 84 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
1.4.2.3 1.4.2.4
Incident Mapping and Automatic Resource Location
In addition to the information described above, dispatchers can view incident and resource location data directly within PremierOne Cloud CAD via a consolidated, Esri standard GIS map. This centralized map display is integrated directly into PremierOne Cloud CAD, providing geographic context to real-time incident information. Specific mapping functions built into PremierOne Cloud CAD allow dispatchers to manipulate the map and configure the display with icons to help target incident response.
Also, PremierOne Cloud CAD uses Automatic Resource Location (ARL) to determine the actual location of emergency vehicles in relation to an emerging incident. This enables PremierOne Cloud CAD to make response recommendations based on the location of units rather than based solely on jurisdictional assignment. Once resources are assigned to an incident, PremierOne Cloud CAD's ARL capability tracks those resources as they are on route to an incident.
Mail and Messaging Services
PremierOne Cloud CAD's mail and user-to-user messaging functionalities allow users to exchange and distribute email and instant messages (IM) within the di~patch center and to units equipped with Mobile Data Terminals (MDT). PremierOne Cloud CAD also supports recurring messages, BOLO (Be on the Look Out) messages, notification message capability, message prioritization, targeted distribution list, and management of the mail-messaging functionality.
When using these messaging services, users can search through the PremierOne Cloud CAD address book to find contacts. PremierOne Cloud CAD includes a global address book and the ability to create both shared address books and user-specific personal address books.
1.4.2.5 System Security and Roles
PremierOne Cloud CAD is hosted in the Microsoft Azure Government Cloud environment to ensure operational and data security. Each user and device on the system is assigned to one or more agency-created roles. PremierOne Cloud CAD recognizes these users and devices, and provides access to their authorized functions based on their assigned role.
This controlled access enables the enforcement of access rights and permissions, ensuring that the right users are interacting with the necessary functions for their role. Personnel can also be searched by their skills.
Additional Capabilities
The PremierOne Cloud CAD solution also supports the following capabilities:
• Address Geo-validation & Premise Hazards.
• Mapping Manual GeoFencing & Road Closure.
• Multi-Discipline, Multi-Agency Support.
• Contractor Rotation.
• Forms & Status Monitors Configuration.
• Status Backdating.
• Move-Ups.
• Query Return.
• Fire Recommendations.
Exhibit A: Contract Documentation Requirements
6 Services Solution Description Motorola Solutions G
May 10, 2022 Item #11 Page 85 of 604
DocuSign Envelope ID: EEOOOOEC-819D-469F-887C-147E3BCEAFF7 • Reports.
City of Carlsbad, CA
February 16, 2022
1.5 PREMIERONE CLOUD CAD INTERFACE STRATEGY
PremierOne Cloud CAD supports a variety of interfaces to enhance dispatch operations by integrating PremierOne Cloud CAD with the capabilities provided by other solutions.
Motorola Solutions provides a bundle of interfaces which are licensed as part of the PremierOne Cloud solution. Interface Feature Descriptions (IFD) are provided below, Non- standard interfaces will be assessed by the interface development team as part of the final purchase proposal creation. Some interfaces may not be supported or may require additional development work which will be identified in the final proposal. The IFD details the specific features and functionality of the interface, interface technical information, including data elements, and describes the implementation process and responsibilities of the involved parties.
Table 1-1: List of Integrations, Interfaces, and Queries Customer known as Function
NetRMS Outbound Calls For Service Records Data
Feed
Spidr Tech Outbound Calls For Service Records Data
Feed
Axon Outbound Calls For Service Records Data
Feed
DORS Inbound CAD Incident Create
CLETS/NCIC Query State Query
Crossroads Accident Query Query Third Party System
Crossroads Citation Query Query Third Party System
DORS Query Query Third Party System
LaserFiche Query Query Third Party System
QueTel Query Query Third Party System
Legacy Query (Purchase Option Query Third Party System
included in base)
CAD Incident Data Feed Outbound Calls For Service Records Data Feed
1.6 PREMIERONE MOBILE SOLUTION DESCRIPTION
1.6.1 Overview
Motorola Solutions' PremierOne Mobile extends command center capabilities and information from PremierOne Cloud CAD by providing enhanced mobile capabilities to Exhibit A: Contract Documentation Requirements
CD Motorola Solutions Services Solution Description 7
May 10, 2022 Item #11 Page 86 of 604
DocuSign Envelope ID: EE000OEC-819D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
1.6.2 1.6.3
officers and first responders in the field. Public safety personnel can prepare for an incident by using the PremierOne Mobile application to access real-time information in their vehicle or on their smart device. This mobile access to critical intelligence and cloud-based capabilities informs a safer and more accurate response.
The PremierOne Mobile client features quick access to the information needed by field personnel in rapidly changing situations. Designed with one-level navigation via touchscreen or keyboard, the client application offers single-key traffic stops, one-touch status updates, and single-tap view of incident or unit details. This seamless, on-the-go experience enables users to begin incident response on a vehicle laptop and continue that response outside of the vehicle on a more mobile device.
Subscription and Licensing
PremierOne Mobile is proposed as a subscription. As part of this subscription, users can access Windows, Android, and iOS clients on in-vehicle laptops, smartphones, and tablets.
Users can access the Windows client and an iOS or An.droid client simultaneously.
Please refer to the pricing section for the specific amount of licenses and named users being proposed.
PremierOne Mobile Capabilities
PremierOne Mobile supports the following operating systems: Windows, iOS, and Android.
It provides public safety personnel in the field with improved access to mission critical information. These mobile capabilities support your responders in the following areas.
Field Response -PremierOne Mobile allows users to dynamically receive incident details as emergency events unfold, and provides them with drive directions. As personnel, vehicles, and locations are associated with an incident, previous incident details are automatically made available to those individuals in real-time.
Enhanced Situational Awareness -PremierOne Mobile connects dispatchers and field responders to allow for a seamless delivery of up-to-date information to the point of engagement. Critical details and automatic notifications and alerts ("hot hits" respondes, messaging, BOLOs, premise and hazard information) can easily be accessed by first responders, while geofencing and status monitoring provide additional location and activity details of all units and incidents to remain connected to developing situations and inform better decisions.
Incident Management -PremierOne Mobile provides full incident control to field personnel, enabling them to monitor, engage with, and close out an incident. Users can update event details, comments, and locations from the mobile client, scan a driver's license to automatically search and add a subject, and easily attach photos to incidents from Android and iOS devices to create a more autonomous and productive mobile workforce.
Streamlined Operations -PremierOne Mobile features a configurable, browser-based UI and access to advanced administration capabilities, allowing users to schedule and deploy remote installations and upgrades with a client that fits your agency's operational needs.
Users can choose when to accept upgrades to avoid interruption of critical tasks.
PremierOne Mobile also supports single client to fleet-wide, multi-agency remote deployments and silent updates.
Exhibit A: Contract Documentation Requirements
8 Services Solution Description Motorola Solutions G
May 10, 2022 Item #11 Page 87 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
1.6.4 Features Supported by Platform
City of Carlsbad, CA
February 16, 2022
The PremierOne Mobile application supports the features outlined in the table below.
Table 1-2: High-level PremierOne Mobile Features by Client Platform PremierOne Mobile -Available Windows Android iOS
Clients
Operating System Windows 10 Android 8.0+ iOS 11+
8.1+
Cloud Enabled • • •
Silent Dispatch • • •
Incident & Unit Management • • •
Real-Time Status Monitors 7 5 5
Field Initiation for Traffic Stops & • • • Other Incidents Database Querying • • •
BOLOs • • Query Only
Responder and Unit Location • • • Tracking
Premise & Hazard Details with • • • Images
Geofencing with Entry & Exit Alerts • • •
4G & L TE Network Capability • • •
CJIS Security Support with FIPS 140-• • • 2 Encryption & Auditing Barcode Scan • • •
Voice Entry for Comments • •
Navigation via Esri ArcGIS • • •
Navigation via Apple Maps •
Navigation via Google Maps •
Messaging • •
Advanced Mapping, BOLOs, Premise •
& Hazards
Advanced Configurations •
Exhibit A: Contract Documentation Requirements
f.' Motorola Solutions Services Solution Description 9
May 10, 2022 Item #11 Page 88 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
1.7 1.7.1
1.7.2 PREMIERONE CLOUD REPORTING
CommandCentral Reporting
CommandCentral Reporting offers a pre-defined Incident Detail Report which provides detailed data for a single incident: General Incident information, Location, and Caller information, Time Stamps, Assigned Units, Assigned Personnel, Comments, and Changes.
Also included is an Incident Summary Report, which provides summary data for multiple incidents including: Incident Number, Create Date/Time, Duration, Type, Priority, Location, and Dispositions.
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PremierOne uses Microsoft SQL Server 2019 Reporting Services (SSRS) for reporting purposes. SQL Server 2019 Reporting Services is a Cloud-hosted reporting platform that is used to create and manage tabular, matrix, graphical, dashboards, and free form reports that contain data from PremierOne Cloud CAD. The reports can be viewed and managed via a browser.
Exhibit A: Contract Documentation Requirements
1 O Services Solution Description Motorola Solutions G
May 10, 2022 Item #11 Page 89 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
1.8 PREMIERONE INTERFACE-LEGACY DATA QUERY
City of Carlsbad, CA
February 16, 2022
The Legacy Data Query interface details are provided in the Interface Functional Description section.
1.9 PREMIERONE CLOUD INTEGRATION-ASTRO RADIO PUSH-
TO-TALK (PTT)
The ASTRO APX Integration with PremierOne Cloud CAD displays the units that trigger the radio Emergency button or the Emergency icon on the PremierOne Mobile client on the PremierOne CAD work monitor.
1.10 PREMIERONE CLOUD INTEGRATION -VIGILANT
The Vigilant integration with PremierOne Cloud CAD provides dispatchers a notification of the license plate "hit" by creating an Incident automatically. An acknowledgement is not required for the Incident to be created and the dispatcher can choose to close the Incident if it is not needed.
1.11 PREMIERONE CLOUD INTEGRATION -VESTA
The VESTA integration allows Automatic Number Identification (ANI) and Automatic Location Identification (ALI) information to be passed from the VESTA 911 system to PremierOne Cloud CAD. This integration enables Call Takers to have the essential data to initiate a call for service in the CAD System. When the 911 system receives the ANI/ALI data feed from the 3rd party provider, it passes it to the CAD System, via a Lantronix device.
When the call is picked up by a Call Taker, the call handling system determines the call position and routes the parsed data to the associated CAD Workstation. The data is then displayed in the Incident Initiation form.
VEST A Integration Use Cases
• A 911 call is answered, the ANI/ALI information is passed to the CAD client • The CAD system automatically populates the Incident Initiation form • CAD user can request a manual refresh using shortcut keys (e.g. Shift+ F11) to populate the Incident Initiation form with ANI/ALI data • The interface supports Phase 0, Phase I, and Phase II class of service types. • The CAD system can place ALI data in a CAD Incident Queue, when a user is working on an active incident
• The CAD system can process a re-bid request for wireless call • CAD user can associate a TDD conversation to an incident • CAD user can view the TDD conversation of an incident • If ALI data is not available for a call, the CAD system will display one of the following messages in the ALI data field:
-No communication with the database
-No information available
-ALI receive error, press RTX
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Services Solution Description 11
May 10, 2022 Item #11 Page 90 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
-Conversion NPA-NPD error
1.12 COMMANDCENTRAL AWARE SOLUTION DESCRIPTION
1.12.1 CommandCentral Overview
Agencies can increase the value of their current investments by connecting CommandCentral Aware to other software platforms. These integrations include PremierOne CAD, VESTA 9-1-1, ASTRO 25 Radio, Avigilon (ACC), Vigilant License Plate Recognition (LPR), the VMS for a Drone system which is to be determined, and the OW Spectrum traffic cameras. Users can communicate with confidence, knowing their information is hosted in the highly secure Microsoft Azure cloud.
1.12.2 CommandCentral Aware Features and Integrations
CommandCentral Aware provides a range of capabilities, described in the sections below.
Mapping
CommandCentral Aware features a unified interface to display locations and alerts. Users can view all location-based data on the map display to enhance decision-making.
CommandCentral Aware Mapping features also include the following:
• Event Monitors -View device status and location, CAD incidents, open-source data alerts, and sensors on a map. This map can consist of Esri online, Esri server, or static map layers. This map can be modified with other data layers. • Data Layer Panel -Show or hide data layers to refine the map view. • Event Information Display -View details associated with each icon on the map. • Historical Map -View a 90-day lookback of radio locations, CAD incidents, service requests, or emergencies. An export tool extracts the recreated timeline to KML format to view in Google Earth or ESRI ArcGIS Pro. The Location Replay feature enables the historic path of a device's location.
• Breadcrumbing -Track individual APX user radios. Tracking begins at the time the action is toggled on. Devices can provide up to the last 30 minutes of live movement.
Geographic Information System (GIS) Data Set
CommandCentral Aware integrates with hosted GIS data sets from Esri ArcGIS Server or ArcGIS online. The geospatial information contained within these data sets are core to the intelligent map display. This enhances workflow details driven by geography and the metadata contained within these data sets.
Esri's powerful geospatial engine within CommandCentral Aware is used to automatically invoke spatial queries, including nearby items and geographic boundaries. This geospatial processing enables intelligence-driven analysis in order to focus on the concentrated area of concern and orientate those responding.
Exhibit A: Contract Documentation Requirements
12 Services Solution Description Motorola Solutions G
May 10, 2022 Item #11 Page 91 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 Data sets help users to:
City of Carlsbad, CA
February 16, 2022
• Refine displayed data based on the geographic area defined per user. Data includes area, beat, sector, precinct, zone, or quadrant.
• Find nearby entities by predefined distance. Parameters include closest camera while in route, closest cameras to an event -CAD, gunshot detection, alert. • Determine road blockages caused by traffic jams, flooded roadways, or other obstacles.
AccuWeather Integration
CommandCentral Aware includes integration with AccuWeather. This integration provides customized weather-driven services. Services include site-specific forecasts, severe- weather warnings, historical data, and custom analytics. AccuWeather also provides the following data:
• Location key for your desired location.
• Forecast information for a specific location.
• Current Conditions data for a specific location.
• Daily index values for a specific location. Index availability varies by location. • Radar and satellite images.
Rules Engine
The Command Central Aware rules engine allows users to create rule-sets to trigger actions based on event types. For example, rows in the Event Monitor can be highlighted, and sound alerts for critical CAD incidents can be customized. These visual or auditory triggers reduce the number of steps needed to support an incident.
PremierOne Computer Aided Dispatch (CAD) Integration
CommandCentral Aware integrates with PremierOne CAD to provide CAD status and event monitor capabilities. The CAD status monitor allows users to see a listing of incidents (event type, location incidents, narrative, priority, status, geographic area, location of devices or units).
Vigilant License Plate Recognition (LPR) Integration
Motorola Solutions' LPR enables law enforcement agencies to organize and archive data collected from multiple mobile and fixed site LPR deployments. LPR technology has numerous applications including parking enforcement, law enforcement and city surveillance, and security and monitoring. Capabilities of Motorola Solutions' LPR system are as follows:
• Photograph a vehicle and focus on its license plate in moving traffic. • Raise an alert, show a photo of the vehicle and license plate, and display why it is of interest in response to a match.
• Mine and analyze plate identification data for patterns. • Map all locations related to a single plate to locate and map vehicle movements. The web interface allows data to be shared across multiple locations and agencies. Create wildcard hotlists with partial license plate numbers, and hotlists that notify assigned investigators of hits without alerting in-car vehicle officers.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Services Solution Description 13
May 10, 2022 Item #11 Page 92 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
• Associate related data from disparate systems to get a full view of an incident or hot-list hit/alarm occurrence via the Correlation Engine. Display nearby video sources based on the LPR hot-list hit/alarm, sensor alarms, and provided third-party data alerts. • Enforce parking with digital tire chalking for enforcement of time limits and residential, university semester, employee, short-term, _and shared permits.
Support law enforcement and city surveillance with live data transmission between vehicles and the back office, and back office data mining and geo-fencing.
Avigilon Control Center (ACC) & Video Analytics Integration Capabilities Avigilon self-learning analytics, via Avigilon Control Center (ACC), extends the effectiveness of your security personnel by providing effective monitoring and enabling proactive, real- time response from your team.
The Avigilon Control Center(ACC) rules engine enables you to selectively apply the analytics-based events as alarms and rule triggers, providing users with immediate notifications for suspicious activities into CommandCentral Aware making monitoring more affordable and efficient.
The Avigilon to CommandCentral Aware connector integrates the results of the rules engine combined with video from the Avigilon VMS. The targeted video feed is displayed in response to user interaction and pre-defined scenarios based on a customizable rule set.
Specific category of events such as CAD incidents, LPR alarms, or other alert reporting system(s) integrated into CommandCentral Aware solution can be configured, in relation to the analytics, to trigger display of video feeds automatically. These real-time events and forensic capabilities detect and notify scene changes, missing objects and rules violations.
In addition to the live video and analytics, the connector supplies operators' video display tools that control pan, tilt, zoom (PTZ) cameras, and playback of recorded video.
The following is a complete list of Avigilon Control Center (ACC) video analytics features for object detection and classification for live or forensic events that enhance the common operating picture and situational awareness capabilities of CommandCentral Aware.
Table 1-3 -Avigilon Control Center Video Analytics
Avigilon Analytics Rules Description
Analytics (Objects are classified as Person or Vehicle) Rules for ACC
Objects in Area The event is triggered when the selected object type moves into a specified region of interest.
Object Loitering The event is triggered when the selected object type stays within a specified region of interest for an extended amount of time which is configured.
Objects The event is triggered when an Object or a specified number of Crossing Beam Objects have crossed the directional beam that has been configured over the camera's field of view. The beam can be unidirectional or bidirectional.
Object Appears The event is triggered by each object that enters the specified region of Enters Area of interest.
Exhibit A: Contract Documentation Requirements
14 SeNices Solution Description Motorola Solutions 4'
May 10, 2022 Item #11 Page 93 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 Avigilon
Analytics
Rules for ACC
Object Not
Present in Area
Objects Enter
Area
Objects Leave
Area
Object Stops In
Area
Direction
violated
Camera
tampering
License Plate
Recognition
Analytics
Analytics Rules Description
City of Carlsbad, CA
February 16, 2022
(Objects are classified as Person or Vehicle)
The event is triggered when no objects are present in the specified region of interest.
The event is triggered when the specified number of objects have entered the specified region of interest.
The event is triggered when the specified number of objects has left a specified region of interest region of interest.
The event is triggered when an object in a specified region of interest stops moving for the specified threshold time.
The event is triggered when an object moves in the prohibited direction of travel.
The event is triggered due to sudden scene changes.
New license plate recognition analytics engine with highly accurate license plate capture, identification, and search for fast event response. Use watch lists to create alerts and actions when a license plate match is detected.
VESTA 911 Call Handling Integration
CommandCentral Aware integrates VESTA 911 call data. The CommandCentral Aware application shows key caller events alongside location updates to monitor the status of wireless callers. This provides essential information to assist personnel responding to an incident.
Video Management System Integration (tbd Drone system and ONSSI VMS) A core component of CommandCentral Aware is Video View. The module provides the ability to consume video content from systems such as the Drone system that is to be determined. Each VMS brings with it a variety of tools via an SOK. These tools can include, but are not limited to, location, user controlled Pan Tilt Zoom (PTZ), Digital Zoom, Image Capture, Video rewind and export clip, and allow for historic search of recorded video.
These features improve productivity from call to closure and increase responder safety.
In addition to functional tools, the Video View module can consume video analytics of automated license plate recognition, facial recognition and object detection. These capabilities will add greater refinement to video feeds to accurately assess detail that the eye may not see, further enhancing the users experience within CommandCentral Aware.
Component configuration within CommandCentral Aware allows for specific use case definition expanding automated intelligence into the application via:
• Workflow Configuration: Automatically associates related data together from disparate systems to get a comprehensive view of the incident or threat occurrence. Displays nearby video sources based on CAD incident, sensor alarms and provided third party data alerts.
• Real-Time Video Streaming: Virtually patrol the community or immediately view the scene of an event in seconds by accessing up to 16 cameras simultaneously from video Exhibit A: Contract Documentation Requirements
f1' Motorola Solutions Services Solution Description 15
May 10, 2022 Item #11 Page 94 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
feeds via VMS System. Easily reference the video source, date, time, and location as well as customize camera groups for quicker access to particular locations. • Device and Content Control: Users can operate PTZ capable cameras, as well as perform a 10-second review from buffer. Snapshot pictures and video clips can be captured, stored, and shared for timely situational awareness. Users can create rule- sets to perform automated actions based on event types, helping to reduce the amount of steps necessary to support an incident effectively.
• Camera Location and Group Definition: Can be provisioned through the CommandCentral Aware or read directly from the VMS.
• Camera Field of View can be defined via CommandCentral Aware and viewed on the map display. Users can toggle off and on the cameras that may or may not be pointed in the direction of the incident.
• Video Camera Audit Log: Ability to capture user interactions and record them to a log.
Visualization of the response scene seconds before the responder(s) arrive creates a virtual officer in the Command Center which provides additional security to those at the edge. This virtual officer can also act in the capacity of virtual patrol assigned to observe live video during large events or within high crime areas.
Table 1-4 -Supported Video Capabilities within CommandCentral Aware Feature Description
Camera Importing cameras and the directory tree from VMS to CommandCentral Import Aware
Camera Use coordinates stored in-camera custom fields at the NVR (or) pulls Location geo-location coordinates from the camera units. Specifically identified during installation.
PTZ Control of pan, tilt, and zoom (PTZ) functions on capable camera units that have been imported into CommandCentral Aware.
PTZ Presets PTZ cameras predefined pan, tilt, zoom values are applied to live feed.
PTZ Tours PTZ cameras execute a scan of its vicinity.
Live Video Direct feed from the camera as provisioned in the VMS system.
Recorded Playback video from the archive.
Video
Live Perform a screen capture of the live scene to send as an attachment via Snapshots messaging service.
Recorded Ability to isolate and capture a section of the recorded video to be Snapshots distributed by the messaging service.
Recorded Display frame recorded sample at a faster rate playing forward.
Fast Forward
Record Fact Display frame recorded sample at a faster rate playing backward.
Backward
Digital Zoom Magnifies a selected area for live and recorded video.
Video Export Ability to prepare a video clipping for export to messaging or evidence collection.
Exhibit A: Contract Documentation Requirements
16 Services Solution Description Motorola Solutions CD
May 10, 2022 Item #11 Page 95 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
APX Radios Location on Push-to-Talk or Location-on-Receive (TDMA) CommandCentral Aware provides the location of users from GPS-enabled LMR (ASTRO 25 radios) and broadband devices (LTE/Wi-Fi-enabled smartphones, tablets, and modems).
When a user presses the PTT, Emergency Button, Man-Down, or On-Demand buttons (or Stale Location or Not Reporting indications activate), CommandCentral Aware pinpoints the location. With each PTT press, CommandCentral Aware updates, delivers, and ingests device location data. This keeps command center personnel informed during critical incidents and allows dispatch to make more informed decisions. A user can be affiliated with multiple devices (both broadband and LMR). Multiple users and their devices can be affiliated with a unit.
Location on PTT increases location accuracy even when the radio system is congested with voice traffic. Location on PTT can be sent over the voice channel, in addition to cadence, distance, or manual updates already being sent over the data channel. Once location data is received by the Packet Data Gateway (PDG) at the ASTRO 25 master site, it is forwarded to the application via Intelligent Middleware (IMW). The CommandCentral Aware application then allows dispatchers to view the location of any APX radio in near real-time to accelerate response.
An APX radio in a group or emergency call sends its current GPS location over the voice channel during each transmission. Location data is embedded directly in the voice stream and sent continuously without impacting voice quality. Radios with Location on PTT can be configured to send their location after each PTT during group calls and during emergency calls.
Note: The County of San Diego RCS is working with Motorola to add location services with an agency level distribution server. While Carlsbad is encouraged to work with the RCS to tailor this capability and validate deployment schedules, we expect this capability will be made available by the RCS in late 2021 or early 2022. This unique operation will enable agencies and departments to have their own, as well as regional access to participating first responder locations.
1.12.3 Aware Design Limitations
1.13 • A maximum of 3000 Icons viewed on the CommandCentral Aware client at one time, per instance.
• A maximum of 100 updates per second on the CommandCentral Aware client. • A maximum 5000 radios per server.
COMMANDCENTRAL ANALYTICS PLUS
CommandCentral Analytics Plus, powered by LexisNexis, integrates with your existing data sources, leverages inter-jurisdictional data, and includes integrated search of billions of public records from over 10,000 sources. It also provides highly configurable experiences with purpose-built tools for roles across your agency.
Detectives can use link analysis across datasets to easily track down leads and close cases.
Command staff can quickly identify emerging trends and, with the help of analysts, better understand those patterns and develop proactive initiatives to effectively address them.
Exhibit A: Contract Documentation Requirements
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1.14 1.15
This is a cloud-based product, subscribed to as a service. It is highly accessible and cost- effective with predictable pricing. Product updates are seamless with new capabilities being delivered regularly. And, the cloud also provides proven security, reliability, and availability that keeps you operationally ready.
CommandCentral Analytics Plus includes a professional services engagement for implementation and deployment, and is built upon our operational expertise, tools, and best practices, perfected over our 90+-year history of working side-by-side with public safety.
Key Features & Functionality
• PremierOne CAD/RMS Integration
• Configurable, Role-Based Experiences
• Robust Data Visualization
• Easy Project Sharing
• Inter-Jurisdictional Data Sharing
• Cloud-Based & Delivered "as-a-Service"
• Granular Data Manipulation & Detail (140 Data Points Supported) • Accurint ·for Law Enforcement Enterprise Subscription • Access to Over 10,000 Public Records for 267M+ People • Flexible Analysis Project Creation
• Advanced Link Analysis
• CommandCentral Platform Integration
CJIS AND COMPLIANCE
For U.S.-based customers, the CommandCentral and PremierOne infrastructure runs in a CJIS compliant GovCloud. Motorola Solutions operates according to requirements dictated by the CJIS Security Policy document. Motorola Solutions performs periodic internal reviews to ensure the operation is in compliance for each of the thirteen policy areas established by the CJIS Security Policy.
All Motorola Solutions employees with administrative access to the system must complete CJIS Security and Awareness training and complete a fingerprint-based background check.
User activities are logged for auditing purposes.
All Motorola Solutions CommandCentral and PremierOne Saas offerings are deployed in Microsoft Azure. These cloud service providers (CSPs) offer a secure infrastructure to build our applications. All Azure customers leverage a data center and network architecture that meets the requirements of the most security-sensitive organizations.
When it comes to meeting compliance requirements, Azure provide their customers with an infrastructure which already complies with many assurance programs. Systems built on top of the cloud infrastructure of these CSPs will receive immediate benefit for compliance requirements that affect infrastructure, physical security, or other areas that CSP bears responsibility for.
OPTIONALLY AVAILABLE FOR PURCHASE
The City may select either the 4RE cameras or the M500 cameras for the entire quantity of cameras (60).
Exhibit A: Contract Documentation Requirements
18 SeNices Solution Description Motorola Solutions ~
May 10, 2022 Item #11 Page 97 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7
1.15.1 4RE In-Car Video as a Service
City of Carlsbad, CA
February 16, 2022
The 4RE is equipped with high-definition cameras with hands-free uploading capabilities, making the capture and upload of clear video evidence as easy as possible. The cameras record at 720p resolution and use a dual-exposure Ultra Wide Dynamic Range technology that dramatically improves the quality of video, especially in difficult lighting situations. This helps capture video evidence that is clear and easy to monitor. 4RE cameras are also equipped with patented Record-After-the-Fact® (RATF) technology, which allows users to go back in time and capture important evidence, even if the recording function was not activated and the incident happened days before.
The 4RE system has a dual drive structure, with both an internal and removable USB drive for storage, and supports wireless upload. Wireless uploading capabilities via L TE networks eliminate the need for trips to and from stations to upload evidence. The 4RE's patented multiple resolution encoding allows officers to save footage of critical incidents in HD and routine occurrences in a lower resolution at the same time. This eliminates the compromise between video quality and file storage needs. Event tags can be configured to control which recordings are stored in high definition.
The 4RE's built-in microphone captures audio during event recording. It can be mounted to fit any configuration.
Intuitive Display and Interface
4RE offers an easy-to-navigate 4.3" LED control panel with function keys and a backlit touch screen with LED indicators that can be disabled for covert situations that need complete darkness. Users can also program various sensors to activate a new record event, including emergency lights, siren, auxiliary input, wireless microphone, vehicle speed, and crash detection.
The 4RE Mobile Data Computer App is a simple interface that runs on Windows XP and Windows 10 and interfaces with the 4RE through an Ethernet connection. The app also works in conjunction with the control panel, allowing 4RE to have full functionality when the MDC is not functioning.
1.15.2 MS00 In-Car Video as a Service
The M500 In-Car Video System is the first Al-enabled in-car video solution for law enforcement. It combines Motorola's powerful camera technology with our industry-leading digital evidence management software (OEMS), to improve the quality of evidence collected and streamline the data sharing process throughout investigation.
Video Recording and Capture
Equipped with high-definition, 1080p front and cabin cameras, the M500 creates a reliable record of evidence that can be uploaded to your Digital Evidence Management solution from any location with a cellular signal. Its artificial intelligence interface continuously monitors the cabin camera, detecting human faces as they enter the vehicle and automatically recording whenever anyone is detected in the back seat, eliminating the need to scroll through video of empty cabins to collect important evidence. And with patented Record-After-the-Fact (RATF) technology, the M500 ensures continuous recording from both front and cabin perspectives, whenever the camera is on -even if the recording function isn't manually Exhibit A: Contract Documentation Requirements
G Motorola Solutions Services Solution Description 19
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engaged. All RATF data is automatically uploaded to OEMS, for easy review and data capture whenever it is needed.
License Plate Capture and Analysis
The M500's artificial intelligence interface also uses VigilantPlate Search, a license plate recognition technology that reads license plates from up to 40 feet away. It allows users access to a database of over 33 billion detections, where searches for insights such as location, year, make, and model and associated vehicle analysis can be performed. This can allow surveying for license plates that could be associated with arrest warrants or stolen automobile reports.
Display and User Interface
The M500 system features a 5" control panel with a bright, clear display. It offers an icon- driven interface and intuitive controls to streamline field operations. Users can execute any function on the device within three taps of the screen. Automatic Recording Functionality Users can program various sensors to activate a new recording. These sensors include emergency lights, sirens, auxiliary inputs, wireless microphones, vehicle speed, and crash detection. When these sensors are triggered, the integrated cameras automatically start recording, allowing officers to capture video evidence without manually activating any cameras.
1.15.2.1 CommandCentral Evidence
The In-Car Camera solution includes CommandCentral Evidence, a unified platform for video and device management. It provides command centers and field officers a way to store records, evidence, voice recordings, and video footage captured from 4RE and M500 cameras all in one place. With this solution, the City can streamline the collection of evidence captured by officers' cameras and upload them into one platform. This eliminates data silos that would inhibit the City's efficiency while working on cases. CommandCentral Evidence then allows for playback, redaction, automated transcription, and more to get the most information out of the video evidence as possible. Once evidence is reviewed, it can be shared with prosecutors, other agencies, and the community all while adhering to chain of custody.
1.15.2.2 CommandCentral Community
CommandCentral Community is designed to facilitate open and efficient communication between the City of Carlsbad and the community members you serve. CommandCentral Community will enable the City of Carlsbad to anonymously and securely collect tip details from citizens and use that information to build a more accurate operating picture of individual incidents.
Citizens can submit tips easily and quickly through a mobile-friendly interface, improving the situational awareness of public safety personnel by giving them as much information as possible when responding to emergency situations and performing ongoing investigations.
Digital evidence collected from citizens is automatically stored in CommandCentral Evidence.
Incident information is integrated with mapping software that automatically publishes crime data from Niche Records and/or PremierOne Cloud CAD to an interactive, online, public- Exhibit A: Contract Documentation Requirements
20 SeNices Solution Description Motorola Solutions CD
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facing map. This integration improves public perception by proactively sharing local crime information and providing visibility to the effectiveness of Police Department operations.
The CommandCentral Community experience centers around CityProtect.com. This mobile- friendly webpage offers citizens a centralized set of tools to contribute to public safety. The tools and forms within CityProtect create a dialogue with your community and promote the value of citizen intelligence. Sharing and receiving important information is streamlined to make engagement easier.
Key Features & Functionality
• Agency Page
• Crime Map
• Camera Registration
• Digital Evidence Collection
• Public Submissions (Non-Emergency Online Reporting and Anonymous Tipping)
1.15.3 Motorola V300 Body Worn Cameras Video-As-A Service Offer The Motorola V300 HD body camera and its continuous-operation capabilities solve the dilemma of keeping cameras and officers productive beyond a 12-hour shift. A detachable battery is easily changed by the officer. Wireless uploading makes footage available when still in the field, while advanced encryption guarantees secure delivery. When events unfold rapidly, patented Record-After-the-Fact® technology allows recovery of video, even when the record button was not pressed. Body camera video captured by the Motorola V300 is clear and complete thanks to de-warping technology that removes the fisheye effect.
When integrated, CommandCentral Aware natively provides the ability to livestream and . locate the V300 BWC on a map similar to "find my camera functionality". In addition, CommandCentral Aware provides historical replays of location and video data.
CommandCentral Aware integration with 9-1-1 call data, video management systems, License Plate Recognition technology, and other system sources supports the overlay of V300 location data to provide real time intelligence. Additionally, our rules engine can be configured to notify users when specific mission parameters are met and to eliminate user distraction.
Key Features and Functionality
• Detachable Battery
• Durability
• Exceptional Audio-Visual Quality
• High Data Security
• Post-Event Evidence Retrieval
• Multiple Docking options
• Officer-Friendly User Interface
• In-Field Tagging
• Auto Activation/Triggers
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Services Solution Description 21
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 SECTION 2
City of Carlsbad, CA
February 16, 2022
STATEMENT OF WORK
2.1 STATEMENT OF WORK OVERVIEW
2.1.1 2.1.2
In accordance with the terms and conditions of the Agreement, this Statement of Work ("SOW') defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions ("Motorola") service as presented in the PremierOne Cloud Subscription Services Description document to City of Carlsbad, CA hereinafter referred to as "Customer". When assigning responsibilities, the phrase "Motorola" includes our subcontractors and third-party partners.
Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement. ·
Unless specifically stated, all Motorola work is considered complete upon Motorola fulfilling the Motorola Responsibility listed in a Responsibility Table and providing the deliverable(s) listed in the Motorola Deliverables table.
Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon governing project schedule. Any changes to the governing project schedule will be mutually agreed upon via the change provision of the Agreement.
The number and type of software or subscription licenses, products, or services provided by Motorola or its subcontractors are specifically listed in the Agreement and any reference within this document as well as subcontractors' SOWs (if applicable) does not imply or convey a software or subscription license or service that are not explicitly listed in the Agreement.
The specific software applications that comprise the System are outlined in the price page of the Agreement.
Award, Administration and Project Initiation
Project Initiation and Planning will begin following execution of the Agreement between Motorola and the Customer. Unless otherwise stated, all Motorola work will be completed remotely.
Project Management Definitions
The following project management terms are used in this document. Since these terms may be used differently in other settings, these definitions are provided for clarity. • Project Schedule means the schedule providing dates and timeframes for completion of tasks and deliverables during the course of the Project. The Project Schedule is subject to change at the mutual agreement of Motorola and the Customer.
Exhibit A: Contract Documentation Requirements
22 Statement of Work Motorola Solutions C.,
May 10, 2022 Item #11 Page 101 of 604
DocuSign Envelope ID: EEOOOOEC-B190-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.1.3 2.2
2.2.1 • Project Management Plan is composed of the Communications Management Plan, Risk Management Plan, and Change Management Plan that provide the criteria for managing those tasks within the project.
General Customer Responsibilities
In addition to the Customer Responsibilities stated elsewhere in this SOW, the Customer is responsible for:
1. All Customer-Provided equipment including hardware and third party software necessary for access or delivery of the service not specifically listed as a Motorola deliverable. This will include end user workstations, Internet Service Provider (ISP), network equipment, telephone/CPE or TDD equipment and the like.
2. Configuration, maintenance, testing and supporting the third party systems that the Customer operates and which will be interfaced to as part of this project. The Customer is responsible for providing Application Programming Interface (API) documentation to those systems that document the integration process for the level of interface integration defined by Motorola.
3. Active participation of Customer Subject Matter Experts (SM E's) in project delivery meetings and working sessions during the course of the project. Customer SM E's will possess requisite knowledge of Customer operations and legacy system(s) and possess skills and availabilities to operate and manage the System.
4. The provisioning of Customer Code Tables and GIS data as requested by Motorola. This information must be provided in a timely manner in accordance with the Project Schedule.
5. Electronic versions of any documentation associated with the business processes identified
6. Provide a facility with the required computer and audio-visual equipment for training and work sessions as defined in the Training Plan.
7. Ability to participate in remote project meeting sessions using Google Meet.
PROJECT ROLES AND RESPONSIBILITIES
Motorola Project Roles and Responsibilities Overview
A Motorola team made up of specialized personnel will be appointed to the project under the direction of the Motorola Project Manager. Team members will be multi-disciplinary and may specialize in different products. Team members will be engaged in different phases of the project as necessary.
The personnel role description noted below provides an overview of typical project team members. There may be other personnel engaged in the project under the direction of the Project Manager.
Exhibit A: Contract Documentation Requirements
fl Motorola Solutions Statement of Work 23
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.2.1.1 2.2.1.2
Motorola Project Manager
City of Carlsbad, CA
February 16, 2022
Motorola's project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, Project Management Institute standardized processes, and integrated software tools for effective project execution and control, we have developed and refined practices that provide design, production, and testing that is optimized to deliver a high quality, feature-rich system.
A Motorola Project Manager will be assigned as the principal business representative and point of contact for the organization. Responsibilities of the Project Manager include:
1. Managing the Motorola responsibilities related to the delivery of the project.
2. Project scheduling and management of the assigned Motorola personnel and applicable subcontractors/supplier resources.
3. Management of the Change Order process per the Agreement.
4. Maintain project communications with the Customer.
5. Identification and management of project risks.
6. Collaborative coordination of Customer resources in an effort to minimize and avoid project delays.
7. Measuring, evaluating, and reporting progress against the Project Schedule.
8. Conducting remote status meetings on a monthly basis by the Project Managers to discuss project status.
9. Participate in weekly calls regarding current activities.
10. Preparing and submitting a monthly status report that identifies the activities of the previous month, as well as activities planned for the current month, including an updated project schedule and action item log.
11. Providing timely responses to issues related to project progress raised by the Customer.
Motorola Application Specialist
The Motorola Application Specialist will work with the Customer to enable the project team to support and guide the Customer with the provisioning of the System. Responsibilities of the Motorola Application Specialist will include:
1. Provide consultation services to the Customer regarding the provisioning and operation of the System.
2. Provide provisioning training to the Customer to provide the knowledge to setup and maintain the system.
3. Complete base provisioning and module configuration.
4. Complete the provisioning ownership handoff to the Customer.
5. Complete the project defined milestones and tasks as defined in this SOW.
Exhibit A: Contract Documentation Requirements
24 Statement of Work Motorola Solutions f.'
May 10, 2022 Item #11 Page 103 of 604
DocuSign Envelope ID: EE000OEC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.2.1.3 2.2.1.4
2.2.1.5 6. Provide guidance on the Customer's operational Change Management needs relative to the use of the System.
7. Provide training as defined by this SOW and described in the Training Plan.
Motorola GIS Analyst
The Motorola GIS Analyst specializes in geographical information technology.
Responsibilities of the Motorola GIS Analyst include:
1. Performing the GIS Analysis on the Customer supplied GIS source data.
2. Providing the Customer the results of the GIS Analysis based on the requirements of the Motorola GIS Build Requirements document.
3. Consultation services regarding the conversion of Customer GIS source data for Motorola use.
4. Provide G IS Training as defined in this SOW and in the Training Plan.
5. Import of the Customer provided GIS data into the System.
6. Geocoding Data, Centerlines to support Routing and Response Area Polygons (for CAD)
Motorola Solution Architect
The Solutions Architect is responsible for the delivery of the technical elements of the System. They confirm the delivered technical elements meet contracted requirements. They are engaged throughout the duration of the delivery.
Motorola Cloud Activations Team
The Cloud Activations team will establish the cloud tenant for the Customer environment, work with the Customer to grant Customer access, and coordinate with the Customer to establish access to CC Reporting.
2.2.1.6 Motorola Customer Success Advocate
2.2.1.7 A Customer Success Advocate (CSA) will be assigned to the Customer following the Go Live event. Their role is to assist the Customer with maximizing the use of their Motorola software and service investment by being the Customer's trusted advisor in actively managing, escalating, and logging issues with Support, Product Management, and Sales while providing ongoing Customer communication about progress, timelines, and next steps.
Motorola Customer Support Services T earn
Motorola's Customer Support team will provide ongoing support, Customer Support Plan (CSP) following Customer commencement of beneficial use of the System.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 25
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.2.2 2.2.2.1
Customer Roles and Responsibilities
City of Carlsbad, CA
February 16, 2022
The success of the project is dependent on early assignment of key Customer resources. It is critical that these resources are empowered to make provisioning decisions based on the Customer's operational and administration needs. The Customer project team should be engaged in the project from initiation until beneficial use of the system. The continued involvement in the project and use of the system will convey the required knowledge to maintain the system post completion of the project. Note that in some cases, one person may fill more than one role. The project team must be committed to participate in activities for a successful implementation. Team member roles are generally described below:
Customer Project Manager
The Customer Project Manager will act as the primary Customer point of contact for the duration of the project. The Project Manager will be responsible for managing the Customer project team including the timely facilitation of their efforts, tasks, and activities. This includes the management of any Customer vendors that are subcontractors.
Responsibilities of the Customer Project Manager include:
1. Maintaining project communications with the Motorola Project Manager.
2. Identifying the efforts required of Customer staff to meet the task requirements and milestones in this Statement of Work and Project Schedule.
3. Consolidating all project-related questions and queries from Customer staff to present to the Motorola Project Manager.
4. Reviewing the Project Schedule with the Motorola Project Manager and assisting in finalizing the detailed tasks, task dates, and responsibilities.
5. Measuring and evaluating progress against the Project Schedule. 6 . Monitoring the project to ensure that resources are available as scheduled.
7. Attending status meetings.
8. Providing timely responses to issues related to project progress raised by the Motorola Project Manager.
9. Liaising and coordinating with other agencies, Customer vendors, contractors, and common carriers.
10. Reviewing and administering change control procedures, hardware and software certification, and all related project tasks required to maintain the Project Schedule.
11. Ensuring Customer vendors' adherence to overall Project Schedule and plan.
12. Assigning one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one application administrator for CAD, Mobile, as applicable, and one or more representative(s) from the IT department.
13. Identifying the resource that has the authority to formally acknowledge and approve change orders, approval letter(s), and milestone recognition certificates and to approve and release payments in a timely manner.
14. Providing supervised building access to Motorola personnel to all facilities if necessary where any on premises components of the system will be installed during the project.
Exhibit A: Contract Documentation Requirements
26 Statement of Work Motorola Solutions fl
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 202.2
15. As applicable to this project assuming responsibility for all fees for licenses and inspections and for any delays associated with inspections due to required permits.
16. Providing reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service.
17. Ensuring a safe work environment for Motorola personnel.
2.2.2.2 Customer Transformation Lead
The Customer Transformation Lead, who may or may not be your Project Manager, must be able to holistically represent your organization and be able to work cross functionally between Motorola, your organization and all stakeholders involved in the delivery of your new system. The transformation lead must be empowered to acknowledge the resource and time commitments required of your organization and authorize Motorola to proceed with scheduling the Project Kickoff event.
2.2.2.3 Customer System Administrator
The Customer System Administrator is responsible for managing the technical efforts, tasks and activities of their system as defined in the Customer Support Plan (CSP).
2.2.2.4 Customer IT Personnel
IT personnel provide required information related to Azure Active Directory, LAN, WAN, ISP, wireless networks, server and client infrastructure and must also be familiar with connectivity to internal, external and third party systems to which PremierOne Cloud systems will interface.
2.2.2.5 Customer Application Administrator
The Customer Application Administrator is responsible for the management of the Customer owned application provisioning maintenance. The Application Administrator will be involved early in the project starting at the Business Process Review (BPR), attend the Provisioning Workshop and Train the Trainer Training and remain engaged throughout the project to ensure that they are able to maintain the system provisioning post Customer Provisioning handoff. Responsibilities of the Customer Application Administrator include:
1. Participate in overall delivery and training activities to gain an understanding of the software, interfaces, and functionality of the system.
2. Participate with the SMEs during the BPR, provisioning process, and training.
3. Have the authority to make global provisioning choices and decisions, and will be the point(s) of contact for reporting and verifying problems and maintaining provisioning.
4. Obtain inputs from other user agency stakeholders related to business processes and provisioning.
Exhibit A: Contract Documentation Requirements
f.l Motorola Solutions Statement of Work 27
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.2.2.6 Customer GIS Analyst
City of Carlsbad, CA
February 16, 2022
The Customer G IS Analyst is responsible for the development and maintenance of all of the GIS data used in the PremierOneCloud system. The Customer GIS Analyst must have working experience with Esri software including ArcCatalog, ArcMap, and ArcPro, including knowledge of model builder, toolbox tools, and general database structure. Also, it is very important to have a working relationship with the named Application Administrator(s). The GIS Administrator will be heavily involved in the data preparation for the System as well as data maintenance throughout the term of the Agreement. This will include but is not limited to the following standard responsibilities:
1. Providing GIS data in the correct schema
2. Developing, maintaining and updating GIS data
3. Support of the GIS elements used in the Cloud Services (Server and clients)
2.2.2.7 Subject Matter Experts
The Subject Matter Experts (SME) (Super Users) are the core group of users that will be involved with the business process reviews and analysis, the provisioning process, including making global provisioning choices and decisions, and training. These members should be experienced users in the working area(s) they represent, i.e. dispatch, patrol, etc. and should be empowered to make decisions related to provisioning elements, workflows, screen layouts, etc.
2.2.2.8 Customer Training Representative
Training representatives will be the point of contact for the Motorola Application Specialist when policy and procedural qu~stions arise, act as course facilitators, and are the Customers' educational monitors.
2.2.2.9 Additional Resources
Additional resources, such as trainers and database administrators may also be required.
2.2.2.10 Customer Agency Stakeholders
User agency stakeholders, if the system is deployed in a multi-agency environment, are those resources representing agencies outside of the Customer Agency. These resources will provide provisioning inputs to the SM Es if operations for these agencies differ from that of the Customer agency.
2.3 PROJECT INITIATION AND PLANNING
A clear understanding of the needs and expectations of both Motorola and the Customer are critical to the success of the project. Project Planning requires the gathering of project specific information that is critical to setting clear project expectations and guidelines, creating the Project Management Plan, Project schedule, and setting the foundation for a successful implementation.
Exhibit A: Contract Documentation Requirements
28 Statement of Work Motorola Solutions 0
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DocuSign Envelope ID: EE0000EC-819O-469F-887C-147E38CEAFF7 City of Carlsbad, CA
February 16, 2022
2.3.1 Project Planning Session• Teleconference/Web Meeting A Project Planning Session will be scheduled after the Agreement has been executed between the assigned Motorola and Customer Project Managers.
The Business Process Review Agency Pre-Kick Off Survey is a Google survey that is sent to the Customer to collect Agency specific information such as dispatch logistics, communication center information, operational process, and workflow. The information in the survey is used to prepare for the Business Process Review.
The Aware Technical Discovery Requirements document contains information required to establish network connectivity and to perform integration and establish connectors with additional and third-party systems.
The GIS Discovery Survey is used to assist Motorola Solutions in gathering information to better understand the Customer's current capabilities and needs relating to the GIS.
The agenda will include:
• Review the Agreement documents
• Review the applications, query(ies) and interface(s) described in the PremierOne Cloud Subscription Services Description document
• Review project delivery requirements as described in this SOW • Discuss Customer involvement in provisioning and data gathering to confirm understanding of the scope and time commitments required • Review the PremierOne Agency Build Guide. The PremierOne Agency Build Guide provides a structural overview of the Customer's System. The includes the definition of Agency Type Code, Name, ID and default areas.
• Review the initial project schedule and incorporate Customer feedback resulting in the governing Project Schedule. The Project Schedule will be maintained by Motorola and updated through mutual collaboration. Schedule updates that impact milestones will be addressed via the Change Order provision of the Agreement. • Finalize the Project Management Plan
• Confirm requirements for CJIS background investigations and/or contractors, fingerprint requirements for Motorola employees and/or contractors. Required fingerprints will be submitted on Motorola Solutions provided FBI FD-258 Fingerprint cards • Review Virtual Desktop (VD) and Learning exPerience Portal (LXP) role in the delivery and discuss required Customer provided information to access them • Customer obligation to manage change among the stakeholder and user communities • Provide the Business Process Review Agency Pre-Kick Off and GIS Discovery Survey • Review project completion criteria and the process for transitioning to support Completing the Business Process Review Agency Pre-Kick Off Survey and the GIS Discovery Survey are critical Project Tasks. Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule.
Exhibit A: Contract Documentation Requirements
@ Motorola Solutions Statement of Work 29
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DocuSign Envelope ID: EEO000EC-B19D-469F-887C-147E3BCEAFF7 Motorola Responsibilities
1. Schedule the remote Project Planning Session
2. Provide the initial Project Schedule and Project Management Plan City of Carlsbad, CA
February 16, 2022
3. Provide the Business Process Review Agency Pre-Kick Off Survey and the GIS Discovery Survey
4. Provide the Agency Build Guide
5. Provide the Aware Technical Discovery Requirements document
6. Finalize the Project Management Plan
7. Baseline the Project Schedule
8. Provide and manage Issue/Resolution Checklist
Customer Responsibilities
1. Identify and engage project team members responsible for carrying out the system implementation.
2. Provide input to the Project Schedule dates
3. Provide information necessary to perform background checks for Motorola employees and/or contractors.
4. Review and complete the Business Process Review Agency Pre-Kick Off and the GIS Discovery Survey within ten (10) business days of the Project Planning Session so as not to impact the Project Schedule.
5. Provide required information to complete the PremierOne Cloud File Build tablesFile.
Required information is to be provided prior to GIS Check Point #1 Addressing Validation, Routing, and Boundaries.
6. Complete the information on the Aware Technical Discovery Requirements document prior to the Project Kickoff Session.
7. Review and provide feedback on the Project Management Plan Motorola Deliverables -Project Planning Session
Project Schedule Baseline
Project Management Plan
Business Process Review Agency Pre-Kick Off Survey
GIS Discovery Survey
PremierOne Agency Build Guide
Aware Technical Discovery Requirements document
Completion Criteria -Project Planning Session
The Project Planning Session is considered complete upon conclusion of the meeting.
Milestone -Project Planning Session
Mutual agreement to Project Schedule and Project Management Plan Exhibit A: Contract Documentation Requirements
30 Statement of Work Motorola Solutions 0
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
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2.3.2 2.3.3
Project Kickoff Session -Teleconference/Web Meeting
The objective of the Project Kickoff meeting is to provide a high-level overview of the service and delivery process to the Customer's team. During the Project Kickoff meeting the Motorola Project Manager will provide an overview of the following:
• A high level review of the Project Deliverables
• Roles and responsibilities for the project team members • A high level review of the baseline Project Schedule including project milestones and checkpoints
• Discuss any project related questions
Motorola Responsibilities
1. Schedule the remote Kickoff Teleconference/Web Meeting
2. Prepare the Kickoff Meeting agenda.
3. Distribute any documentation that the Customer should review in advance of the Kickoff Meeting.
4. Conduct the Kickoff Teleconference/Web Meeting.
Customer Responsibilities
1. Schedule the personnel from the Customer project team to attend. This should include key stakeholders that have authority or responsibility over the project.
The Project Kickoff Session is considered complete upon conclusion of the meeting.
GIS Planning Session -Teleconference/Web Meeting
A GIS planning session will be scheduled to review the GIS Build Requirements Document and complete an overview of the GIS components of the project. The agenda will include:
• Review the Motorola GIS Build Requirements Document
• Discuss Customer GIS skill-set and responsibilities
• Review the requirements of the Customer GIS sample data that is required • Discuss any GIS related project questions
Providing the GIS Customer Data is a critical Project Task. Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule.
Motorola Responsibilities
1. Schedule the remote GIS Planning Session
Customer Responsibilities
1. Review the GIS Build Requirements document prior the meeting.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 31
May 10, 2022 Item #11 Page 110 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.3.4 City of Carlsbad, CA
February 16, 2022
2. Provide the GIS sample to Motorola within ten (10) business days of the GIS Planning Meeting so as not to impact the Project Schedule
Customer delivery of sample GIS data within 10 days of GIS Planning Session.
Interface Planning Session -Teleconference/Web Meeting
An Interface Planning Session will be scheduled to discuss the user experience presented by each contracted interface as defined in the PremierOne Cloud Subscription Services Description document and the Interface Fuctional Descriptions (IFDs) in Section 8. The agenda will include:
• Conduct a review of the functionality delivered with each interface • Discuss interface deployment requirements (NOA, network information, API and access credentials required to connect to third party systems) • Review Interface Project Schedule tasks and milestones The interface deployment requirements (NDA, network information, API and access credentials required to connect to third party systems) are needed to begin deployment of the interfaces. Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule.
Motorola is not responsible for third party vendor management, scheduling or additional cost for software, customization, development, or testing unless the work is defined in this SoW or amended to the Agreement via a Change Order.
Motorola Responsibilities
1. Identify additional information such as third party API, SDKs, data schema and any internal and 3rd party documents necessary to establish interfaces.
2. Conduct reviews of the interfaces to explain how each functions as well as any dependency on third party API, SDKs, data schema and any internal and third party documents necessary to establish interfaces with local and remote systems.
3. Provide Motorola Non-Disclosure Agreements (NOA) as required.
Customer Responsibilities
1. Provide the required interface deployment requirements (NOA, network information, API and access credentials required to connect to third party systems) within ten (10) business days of the Interface Planning Meeting so as not to impact the Project Schedule.
Exhibit A: Contract Documentation Requirements
32 Statement of Work Motorola Solutions G
May 10, 2022 Item #11 Page 111 of 604
DocuSign Envelope ID: EEO000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.3.5 Mutually accepted IFDs
Customer delivery of interface deployment requirements within 10 days of Interface Planning session.
Connectivity Planning Session• Teleconference/Web Meeting A Connectivity Planning Session will be scheduled to discuss the connectivity required for the service. The agenda will include:
• Review Azure Active Directory requirements.
• Review of connections of end user workstations to the Cloud service. • Interfaced system connectivity to the service.
• Plan for State/NCIC query connectivity (as applicable) Network and connectivity to the Cloud environment is a Customer responsibility and is crucial to the operation and use of the Cloud services. Delayed, unavailable, or inadequate network connectivity may have a significant impact on system operation and the Project Schedule.
Motorola Responsibilities
1 . Review the workstation connection process.
2. Provide the connectivity process for the included interfaces.
3. Review connectivity options for the CLETS/NCIC interface.
4. Provide the information required for DOJ approval.
Customer Responsibilities
1. Ensure resources knowledgeable on the Customer networks attend the review.
2. Provide the details related to the interfaced systems for the services.
3. Provide the requirements for connecting to the State/NCIC interface.
4. Provide the network connectivity to the end user workstations, State/NCIC, and interfaced systems.
5. Complete the base PremierOne Cloud Services connectivity requirements within ten (10) business days of the Connectivity Planning Session so as not to affect the Project Schedule.
The Connectivity Planning Session is considered complete upon conclusion of the meeting.
Exhibit A: Contract Documentation Requirements
C., Motorola Solutions Statement of Work 33
May 10, 2022 Item #11 Page 112 of 604
OocuSign Envelope ID: EEOOOOEC-B190-469F-887C-147E3BCEAFF7
2.3.6 City of Carlsbad, CA
February 16, 2022
Complete the base connectivity requirements within ten (10) days of planning session.
CommandCentral Aware -Video Management System (VMS) Design Review
The objective of the VMS Design Review is to collect all information required to connect and configure the CommandCentral Aware and VMS lnterface(s).
Motorola Responsibilities
1. Identify the specific inputs required from Customer for all VMS interfaces.
2. Add VMS interface details to the VMS Design Review Report.
Customer Responsibilities
1. Discuss information on third party API, SDKs, data schema and any internal and 3rd party documents necessary to establish interfaces with all local and remote systems and facilities within ten '( 10) days of the Project Kickoff Meeting so as not to impact the project schedule.
2. Work with the owners of the new and existing data and video equipment to establish network connectivity (where applicable).
3. Gather data required to configure VMS interfaces and provide information as CSV or in Excel spreadsheets.
4. For VMS interfaces that will be configured for each location where Network Video Recorders (NVR) and cameras are installed, the Customer must provide all camera name, coordinates and IP mapping and the network plan in CSV or Excel files prior to Motorola commencing configuration of the VMS interfaces.
The Connectivity Planning Session is considered complete upon conclusion of the meeting.
2.4 PREMIERONE CLOUD SERVICES PROJECT EXECUTION
The execution of PremierOne Cloud is done through a series of milestones that are designed to enable the success of the project. Motorola will work closely with the Customer to complete provisioning, validate operational readiness, and complete user training in preparation for operational use.
This service utilizes the PremierOne Cloud deployment model which enables the core capabilities of the service for the Customer's operations. PremierOne contains features, functionalities and modules that are capable of being enabled but may not be in the scope of this project. The features, functionalities, and modules that are within the scope of this project are described in Section 1 Subscription Services Description document.
Exhibit A: Contract Documentation Requirements
34 Statement of Work Motorola Solutions 0
May 10, 2022 Item #11 Page 113 of 604
DocuSign Envelope 10: EE0000EC-819O-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.4.1 2.4.1.1
Understanding time is of the essence with respect to System delivery, both the Customer and Motorola will strive to perform in accordance with the Project Schedule and take steps necessary to mitigate potential delay. Motorola's implementation delivery services are based on the following durations, dependent upon the product mix of the System:
• The services sold in a PremierOne Cloud CAD deployment model are based on a six (6) month deployment.
• Actual project duration will be established as part of the Project Schedule development activities.
PremierOne Cloud Hardware and Environment
General Hardware and Environment Requirements
The Customer will provide hardware and/or an environment that conforms to the following general requirements:
Customer Responsibilities
1. Supply hardware, operating system software, third party components, and other elements not specifically identified as being provided by Motorola.
2. Provide advanced authentication for Mobile/Hand held device connectivity if required.
3. Provide a network diagram depicting all the devices, device types, and interfaces that the service will connect to and through, including, but not limited to all blocked ports, hubs, switches, routers, firewalls, and any other network equipment.
4. Provide IP addresses on the Customer's network for the required on-premise equipment (i.e the Anchor Server). All server names and IP addresses behind Motorola Firewalls cannot be changed.
5. Provide external interface connection demarcation points at locations agreed to by Motorola. These locations shall normally be adjacent to the cloud interface appliance.
6. Provide access, administrative or otherwise, to appropriate systems, locations, information, tools, and equipment to ensure proper connectivity, installation, operations, and maintenance of the service.
7. Provide 24-hour access to a secured two-way Internet connection to the cloud interface appliance and firewalls for the purposes of deployment, maintenance, and monitoring.
8. Provide a site to site VPN with at least 4 addressable IP's on the inside subnet capable of establishing and maintaining an IPSec tunnel with 75Mb/s of throughput.
9. The Motorola delivery model is reliant upon our ability to perform most tasks remotely, which requires secure, remote broadband access for remote deployment, monitoring, and support of the cloud interface Anchor Server appliance. It is understood that remote access to on-premise server and Customer's network must be supervised, which supervision will be provided. Customer-provided high-speed internet access with a minimum of 10 Mbps is required at the time of project kickoff and must remain available to Motorola throughout warranty and support periods to accommodate remote support of the service. In the event that dedicated links are required, a minimum of 7.5 Mbps upload and download access is required. It is the Customer's responsibility to ensure Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 35
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February 16, 2022
that the aforementioned capacity is available. In the event remote broadband access is not available to Motorola preventing us from delivering the contracted service remotely, Motorola will provide service on-site at additional cost. The additional cost will be presented to the Customer via the change provision of the contract prior to the delivery of the on-site service.
10. Provide, install, maintain, and service any software as required for anti-viral, anti- malware protection on workstations that access the service. If the software requires connectivity to a central server for maintenance and updates, the connectivity including ports and access needs to be provided.
2.4.1.2 Component Specifications
Motorola will provide Commsys Connect CIC. The Customer will provide the server hardware and firewall devices.
PremierOne Cloud Anchor Hardware
Customer Responsibilities
1. Provide, install and configure server hardware, operating system software, VMWare, firewall devices, Lantronix External Device Server and SQL Standard. Specifications will be provided at the Planning Meeting.
A. Provide a VMware host environment capable of supporting two VMs. i. Windows Server VM, 4vcpu, 16GB RAM and 3 HOD 120/120/25GB ii. Linux VM, 2VCPU, 8GB RAM and 1 HOD 20GB
B. Verify the VM has connectivity to the internet and the following addresses, which are commonly used by CloudConnect:
i. https://idm.imw.motorolasolutions.com (443) -IDM
ii. https://aware-api.usgov.commandcentral.com (443) -Ingest iii. https://admin-api.usgov.commandcentral.com (443) -Admin 1v. https://aware-publisher-ws.usgov.commandcentral.com (443) -Publisher (WebSocket)
v. https://registry.commandcentral.com (443) -Registry vi. https://oneinterfaceblobstore.blob.core . usgovcloudapi. net/( 443) -I mageNideo upload
vii. Additional Endpoints For IMW/LRRP Interfaces
viii. https://ccinterfaces-ccbroker-prod . usgov. commandcentral. com/api/ccinterfaces- ccbroker (443)-IMW/LRRP
ix. https://ccinterfaces-sasgen-prod.usgov.commandcentral.com/api/sasgen (443) - SAS Token
x. https://qrwbubhpaovhj-sbu.servicebus.usgovcloudapi.net (443) (Websocket) (inbound-outbound)
Exhibit A: Contract Documentation Requirements
36 Statement of Work Motorola Solutions G
May 10, 2022 Item #11 Page 115 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.4.1.3 Motorola Responsibilities
1. Provide the CloudConnect VM image to Customer.
2 . Remotely support installation of VM image on Customer hardware.
CommSys Connect CIC
Motorola Solutions Responsibilities
1. Provide CommSys Connect CIC.
PremierOne Cloud CAD Local Workstation
The Customer will procure and provide local (fixed) workstation hardware that conforms to the requirements laid out in this section.
• Windows 10 operating system.
• Monitor(s) -two or three with recommended resolution 1920 x 1080 (per client preference: i.e. three for CAD dispatch, two for CAD call taker, etc.). • QWERTY Keyboard with 12 function keys
PremierOne Cloud Field Workstation
The Customer will procure and provide field (mobile) workstations/devices that conform to the requirements laid out in this section.
• Android smartphones and tablets with Android 8 -10.
• iPhones and iPads with iOS 11 -13.
• Windows laptops and tablets with Windows 10.
PremierOne GIS Workstation
The Customer will procure and provide GIS workstation hardware that conforms to the requirements laid out in this section.
• Android smartphones and tablets with Android 8 -10.
• iPhones and iPADs with iOS 11 -13.
• Windows laptops and tablets with Windows 10.
CommandCentral Aware Workstation
The Customer will procure and provide Aware workstation hardware that conforms to the requirements laid out in this section.
• Processor-Intel Xeon 6136 @3.0 GHz (12 cores).
• Memory-32 GB.
• Drive-One NVMe 512G SSD.
• NIC-1 GB port NIC.
• OS-Windows 7 Professional or Windows 10 Pro.
• Graphics Card-NVIDIA Quadro P2000
• 27-inch Narrow Bezel IPS Display, 2560X1440
Network and Other Environment Specifications
Unless otherwise stated in this SOW, the Customer will provide a network environment that conforms to the requirements laid out in this section. The Customer will provide an Exhibit A: Contract Documentation Requirements
fl Motorola Solutions Statement of Work 37
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environment sufficient to support the transaction volume generated during Customers peak operational periods.
Network Connection Requirements
PremierOne Cloud client connections must meet the following requirements:
• Stable internet connection.
• Small Jitter (packet delay variation) -below 200ms, recommended <30ms. • Small Ping roundtrip time -below 1 00ms, recommended <20ms. • Small Packet Loss -no more than 1 %.
• Bandwidth: 1 Mbps per fixed client (will vary with specific usage). • Provide cloud connectivity services for desktop CAD user clients per specifications. • Provide for outbound Internet connectivity initialized by Cloud Anchor Server.
Multiple paths are preferred for the PremierOne Cloud CAD Service. ISP connectivity to the Azure Public Edge is required for the CAD client connectivity. Interfaces to on-premise systems use a VPN device that requires connectivity to the Azure Public Edge. The Customer is responsible for providing all connections to the cloud.
Mobile Network Requirements
PremierOne Mobile functionality is designed for 3G and high-end 4G networks. 3G network connectivity is required, but faster 4G connectivity is highly recommended. The Customer will provide a 3G/4G wireless network infrastructure and connectivity with routing between the Mobile clients and the cloud that meets or exceeds these minimum requirements.
Customer Responsibilities
1. Supply Mobile Device Management (MOM) software for Handheld devices.
2. Supply Mobile Device Management (MOM) software for Mobile devices, as desired by the Customer.
3. Provide wireless connectivity for mobile clients to the Azure cloud. Optimal application performance on mobile workstations requires 4G connectivity.
Aware Network and Bandwidth Requirements
• Two (2) static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the Cloud Anchor Virtual Machines.
• Three (3) static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the Cloud Anchor Server.
• One (1) network port for each VMS server.
• One (1) network port for each VMS analytics appliance • Provide network ports that are 1 GB capable and network routable. • Minimum bandwidth needed between the Cloud Anchor server and the CommandCentral Aware platform is 1.1 Mbps.
• Low latency is critical for real-time operations. The speed with which data appears on the Aware display depends in large part on how quickly the information is presented to the Aware interface. Major contributors to the latency are network delays and the delay time from occurrence of an event to when that event information is presented to Aware from the source application (i.e., CAD, AVL, ALPR, etc.). Consequently, although the Exhibit A: Contract Documentation Requirements
38 Statement of Work Motorola Solutions 0
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February 16, 2022
Aware strives to provide near-real-time performance, Motorola provides no guarantees as to the speed with which an event (or video stream) appears on Aware once the event is triggered.
Vigilant LPR Requirements
Bandwidth requirements:
• 1 Gbps hardwire switched network between the Vigilant server and Cloud Anchor. • Upload of ALPR data to the LEARN backoffice requires approximately 350 Kbps for each scan per second. Depending on maximum scan volume, the maximum bandwidth may need to be adjusted.
• The RTSP video feed from cameras requires a 1Gbps hardwire switched network device to allow for data communications exceeding four connected cameras.
Firewall requirement:
• CommandCentral Aware Workstation needs access to the IP addresses of Cloud Anchor and Vigilant server. Access to Cloud platform endpoints. • Ports that need to be open-TCP 80, TCP 443, TCP 331 O (or custom SQL Database Engine listening port that might have been configured for security reasons). • The basic service requirements of the system through a firewalled environment consist of: HTTPS web based calls to a cloud back-office solution (LEARN) with S3 image storage. Typically, through a mobile broadband endpoint. A local IP listener for RTSP video stream is used from cameras with TCP communications. • Ingress requirements (firewall traffic in): For Wireless Broadband we require TCP port 443 to communicate with the LEARN server backoffice to receive acknowledgement responses from the client. Camera Communications: TCP port 2000, 3000, 4000, 5000 (LAN/DSP).
• Egress requirements (firewall traffic out): For Wireless Broadband communications the ALPR client requires TCP port 443 to communicate with the LEARN server backoffice.
The HTTPS protocol is primarily used to communicate over TLS 1.0, 1.1, or 1.2 with 128-bit encryption ciphers or better. This allows for the upload of ALPR data to the LEARN web services and request for data from the LEARN services and Google Maps.
ASTRO 25 Radio and Infrastructure Requirements
The solution can be deployed to send location data information using an AST RO 25 radio equipped with a GPS receiver with minimum firmware version 7 .18.8 and at software version R15.00.00 or later. ASTRO 25 system release 7.14 or above is required if the data will be sent via the LMR system. Enhanced Data and Intelligent Middleware (IMW) in addition to a firewall to connect the system GEN and internet securely including a packet data gateway and GGSN for each zone are used to send the location updates and events can be enabled as part of that effort. Customer will be responsible to provide internet connection and will allow Motorola to add any necessary firewalls.
• GPS Activation and Enabled.
• Packet Data Interface.
• Enhanced Data Enabled.
-Supported on portables-APX 8000, APX 7000, APX 6000, APX 4000, APX 3000. -Supported on mobiles-APX 7500, APX 6500, APX 4500.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 39
May 10, 2022 Item #11 Page 118 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.4.2 • Enhanced Data Port List set to 4001.
ASTRO 25 Voice Priority
City of Carlsbad, CA
February 16, 2022
ASTRO Enhanced Data subscribers give priority to voice transmissions over data.
PremierOne Cloud Business Process Review (BPR)
Motorola will lead the PremierOne Business Process Review (BPR) to understand the Customer's operational processes and workflows. A BPR session will be conducted for each of the contracted System application categories: CAD, Mobile. The information collected in the BPR will provide Motorola the framework for how the System will be provisioned and configured to best meet the Customer's needs and the requirements in the Functional Matrix.
Prior to the Business Process Review, Motorola will schedule a remote session to review the Customer results of the Pre-Kickoff Business Process Survey.
The Business Process Review Customer Survey review and PremierOne Cloud Service Connectivity are required to be completed prior to the Business Process Review.
The Customer is responsible for engaging all user agencies that will be provisioned on the service to obtain required inputs. A single instance of the activities described as "the BPR" will be conducted for a combined law enforcement dispatch audience unless specifically stated otherwise in this SOW. The result will be a single provisioning profile for law enforcement and dispatch. If an additional BPR or provisioning for additional agencies is required, it will be addressed via the Change Order provision of the Agreement.
The BPR should be attended by senior operational decision makers, such as dispatch supervisors, senior call takers/dispatchers and mobile (Windows and Android/iOS) users, as applicable. Manager level personnel can help guide the discussion of policies that have the potential to be improved or modified. Customer personnel will include Motorola's responses to requirements from the Functional Requirements Matrix. The practical input based on experience in the agency's operational environment is often indispensable in the later configuration of the System to effectively meet the Customers needs.
The BPR agenda will include items such as the following:
• Business Process Review Survey Responses
• Provisioning processes for the System applications (CAD/Mobile) • Overview of the System applications
• Agency and Discipline Information (Agency Type,# of Personnel, shift types, etc) • User Permissions/Security
• Provisioning Overview -PremierOne Cloud Agency Build Guide (provided post contract) • For CAD-
-Agency Data Gathering Discussion (Includes incident types, unit status codes, dispositions, unit IDs, and personnel)
-Dispatcher/Responder Workflow -Incident creation to closure -Notifications and Status Monitors
• Reporting Review
• Operational Process Discussion (e.g. Incidents, Units, Call Taker and Dispatcher roles and responsibilities)
Exhibit A: Contract Documentation Requirements
40 Statement of Work Motorola Solutions 0
May 10, 2022 Item #11 Page 119 of 604
DocuSign Envelope ID: EE000OEC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.4.3 2.4.3.1
• Site Visits and Ride Alongs with specific agencies and divisions Motorola Responsibilities
1. Provide the BPR Agenda/Workbook prior to the meeting.
2. Complete the BPR Workbook.
3. Review the documented business processes and provide configuration options.
4. Review the completed BPR Workbook.
5. Conduct a single BPR session for each product in the System (e.g. One for CAD, One for Mobile (Windows and Android/iOS). CAD and Mobile BPR's will be conducted within the same on-site trip.
Customer Responsibilities
1. Review the BPR Agenda/Workbook prior to the meeting.
2. Schedule applicable resources (e.g. dispatch, police and fire/EMS, personnel for sit- alongs and ride-alongs).
3. Provide resources knowledgeable in the Customer's business processes to provide relevant documentation on the workflow and operating procedures.
4. Provide required information to complete the BPR e.g:
A. Field Modification Decisions.
B. Personnel Information Provided.
C. Workflow Configuration.
D. Document Colors.
E. Agency Logo provided -(If desired by Customer).
5. Review the completed BPR Workbook.
Customer provides information required to complete BPR Workbook during BPR session.
PremierOne GIS
GIS Scope Review
The Motorola GIS Analyst meets remotely with the Customer's GIS Administrator to discuss the approach to developing the GIS data for use with the PremierOne Cloud services.
Exhibit A: Contract Documentation Requirements
Q.l Motorola Solutions Statement of Work 41
May 10, 2022 Item #11 Page 120 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.4.3.2 GIS Scope Review topics that will be discussed include:
City of Carlsbad, CA
February 16, 2022
• For CAD -Agency Response boundaries needs, routing requirements, premise hazard areas and specifics for address validation using street centerlines, common places, address points, alias tables, and premise hazard areas. • The GIS Data Verification Report describes the Customers source feature classes and data values that have been made available to Motorola. The data is reviewed and any items identified that may impact the applicable functionality of the data within the Motorola System are noted within the GIS Data Verification Report. The GIS Data Verification Report is delivered post contract after review of the Customer GIS data.
The Customer GIS Data is required to be made available prior to the GIS Scope Review.
Motorola Solutions Responsibilities
1. Review GIS Draft Data Verification Report.
2. Discuss current GIS business practices.
3. Discuss frequency of GIS updates to current service and desired frequency.
Customer Responsibilities
1. Ensure availability of GIS administrator for this meeting.
2. Finalize the agency code and beat names for the geodatabase. All of the data will be required but the streets, address points and common places can be works in progress that can be updated as the project moves along. The agency and beat names should be final by provisioning.
Providing the Agency Code and Beat Names for the geodatabase is a critical Project Task. Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule.
Completion of PremierOne GIS Review meeting
PremierOne Cloud CAD -GIS Boundaries Meeting
If PremierOne Cloud CAD is contracted as a System component, the Motorola GIS Analyst will meet remotely with the Customer's GIS Administrator and CAD SM Es to discuss and confirm Response Boundaries data that is loaded into the PremierOne Cloud CAD service.
Motorola will provide an overview of the available boundaries types and their function that can be used in the PremierOne Cloud CAD service.
Topics that will be discussed include confirmation of the Customer's Agency Code and Beat Names, and provide an overview of the Agency Code and Beat names role in the PremierOne Cloud CAD to determine if any modifications need to be made prior to import into the PremierOne Cloud CAD.
Exhibit A: Contract Documentation Requirements
42 Statement of Work Motorola Solutions
May 10, 2022 Item #11 Page 121 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
The Agency Code and Beat Names are required to be provided prior to the GIS Boundaries Meeting.
Motorola Solutions Responsibilities
1. Provide an overview of the Agency Code and Beat Names role in the PremierOne Cloud CAD.
Customer Responsibilities
1. Ensure availability of GIS administrator for this meeting.
2. Confirm Agency Code and Beat Names readiness for load into PremierOne Cloud CAD.
Import of the Agency Code and Beat Names for the geodatabase is a critical Project Task. Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule.
Completion Criteria -GIS Boundaries Meeting
Completion of PremierOne GIS Boundaries Meeting
Agency Code and Beat Names imported into PremierOne Cloud CAD
2.4.3.3 GIS CheckPoint Meetings
The Motorola GIS Analyst .and Customer's GIS Administrator will participate in up to five (5) -two (2) hour remote CheckPoint Meetings in accordance with the Project Schedule.
Meeting topics will include:
• GIS Check Point #1 Initial Data Review/Discussion
-Delivery of revised Customer GIS Data based on GIS Draft Data Verification Report is required prior to this Check Point
• GIS Check Point #2 Readiness for GIS Load
-Delivery of revised Customer GIS Data based on GIS Draft Data Verification Report updates is required prior to this Check Point
• GIS Check Point #3 Customer GIS Load Review
-Completion of PremierOne Cloud GIS Import Training is required prior to this Check Point
• GIS Check Point #4 General GIS Check-In
• GIS Check Point #5 GIS Go Live Readiness
Motorola Solutions Responsibilities
1. Conduct the GIS CheckPoint Meetings
2. Evaluate Customer GIS data as submitted
Customer Responsibilities
1. Based on the GIS Data Draft Verification Report, make required changes to meet the Motorola defined GIS requirements
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 43
May 10, 2022 Item #11 Page 122 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7
2.4.3.4 2.4.4
2.4.4.1 Completion of PremierOne GIS CheckPoints Meetings PremierOne Cloud Services -GIS Draft Geodatabase
City of Carlsbad, CA
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The draft geodatabase will be created and uploaded to the PremierOne server to support provisioning efforts and draft maps will be created for use by the CAD workstations. Error reports that are produced as a result of developing the draft geodatabase will be delivered to the Customer in updates to the GIS Data Draft Verification Report.
The final geodatabase will be delivered during the GIS Import Tool Training, which is described in the Training Plan.
Following completion of GIS Import Tool Training, the Customer will be responsible for maintenance of the geodatabase.
Motorola Solutions Responsibilities
1. Create the draft geodatabase, maps, and Routing Network.
2. Create the draft geodatabase.
3. Provide updates to the GIS Data Verification Report reflecting any issues found during the geodatabase build.
4. Provide up to three (3) draft geodatabases.
Customer Responsibilities
1. Correct any GIS errors identified in the GIS Data Verification Report from geodatabase build.
This task is completd upon delivery of the third draft geodatabase, maps and Routing Network.
Provisioning
PremierOne Cloud Provisioning
PremierOne Cloud provisioning includes the configuration of user configurable parameters (i.e unit names, personnel, status codes). The PremierOne Cloud System will be provisioned using Motorola standard provisioning parameters and will incorporate Customer specific provisioning. PremierOne Cloud CAD provisioning is defined in Appendix A -PremierOne Cloud Attachment.
Motorola will review the standard provisioning databases as documented in the Provisioning Worksheets during the BPR that will be imported into the System by Motorola. Motorola will Exhibit A: Contract Documentation Requirements
44 Statement of Work Motorola Solutions I'
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complete the provisioning of the System based on the Customer's Call flow, process, and operational processes as applicable to the System.
Customer specific provisioning parameters will be collected from the Customer using Provisioning Worksheets. Motorola will review the Provisioning Worksheets with the Customer to identify the information that is required for the Customer specific provisioning data tables. The Customer will be responsible for completing the Pro0visioning Worksheets in the proper format and with agency specific information. The information collected in the Provisioning Worksheets will be imported into the System exactly as it is provided by the Customer. PremierOne Cloud provisioning activities will be completed for each functional application group included in the System: CAD/Mobile/CommandCentral Aware.
PremierOne provisioning data collection and import is a critical Project Milestone.
Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule.
At the completion of the provisioning the System will be configured to allow the evaluation of processes such as Call Flow, Incident Management, Users, Permissions, etc. Motorola will schedule a remote session with the Customer to demonstrate that the PremierOne Cloud provisioning is completed in accordance with the BPR Workbook and the Customer Provisioning Worksheets.
The responsibility for maintaining the Customer provisioning will transfer to the Customer post completion of the Provisioning Workshop.
Motorola Responsibilities
1. Review the standard provisioning database with the Customer prior to the start of provisioning.
2. Provide and review the Provisioning Worksheets with the Customer.
3. Conduct a conference call with the Customer to demonstrate the completeness of the Customer Provisioning Worksheets prior to the start of provisioning.
4. For PremierOne Cloud CAD, the Motorola Application Specialist will complete the standard provisioning as defined in Appendix A -PremierOne Cloud Attachment.
5. For PremierOne Cloud Mobile (Windows and Android/iOS), the Motorola Application Specialist and the Customer's Mobile Administrator(s) will participate in up to four (4) two (2) hour remote CheckPoint Meetings in accordance with the Project Schedule as follows:
A. PremierOne Cloud Mobile Check Point #1 Initial Provisioning Review/Discussion B. PremierOne Cloud Mobile Check Point #2 Follow-up Provisioning Review/Discussion C. PremierOne Cloud Mobile Check Point #3 Customer Provisioning Review/Handoff D. PremierOne Cloud Mobile Client Installation Training (Windows, Android/iOS) is required to be completed prior to this meeting.
E. PremierOne Cloud Mobile Check Point #4 Mobile Trainer the Trainer Readiness F. Due to a large amount of Mobile provisioning being driven off of CAD provisioning, the provisioning of Mobile will generally follow the completion of the base CAD provisioning.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 45
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2.4.4.2 6. Complete the import of the data from Provisioning Worksheets.
Customer Responsibilities
City of Carlsbad, CA
February 16, 2022
1. Provide required information to complete the Provisioning Worksheets within ten (10) business days of the so as not to impact the Project Schedule.
Customer completion of Provisioning Worksheets within 10 days of receipt of the worksheets.
PremierOne Cloud Provisioning Workshop(s)
Post completion of the PremierOne Cloud Functional Validation, remote Provisioning Workshop(s) will be conducted. The workshop is a remote working meeting that will include a review and hands on training of the Customer maintained provisioning. Participants in the workshop should be part of the Customer deployment team.
This workshop is not meant to be comprehensive application end user training. The purpose of this workshop is to provide the training and knowledge required to maintain the Customer provisioning.
A PremierOne Cloud provisioning workshop will be completed for each functional application group included in the System: CAD/Mobile (Windows, Android, iOS).
The responsibility of building and maintaining System provisioning will transfer to the Customer post completion of the Provisioning Workshop. Provisioning should be kept updated for operational use by the regular maintenance of all provisioning (Personnel, Units, Caution Notes, Premises).
Motorola Responsibilities
1. Provide the PremierOne Provisioning Agenda and training materials.
2. Post completion of the Provisioning Workshop Motorola will schedule up to two (2) remote two (2) hour Provisioning Check-In sessions with the Customer to verify accuracy of the Customer provisioned data in accordance with the Project Schedule.
3. Complete the PremierOne Provisioning Workshop.
4. Hand-off responsibility for maintaining provisioning data to the Customer.
Customer Responsibilities
1. Review the PremierOne Provisioning Agenda and Motorola provided training materials.
2. Assign participants that will be responsible for the maintenance of provisioning data.
3. Complete the assigned LXP courses prior to the start of the PremierOne Cloud Provisioning Workshop(s).
4 . Assume responsibility for the continued maintenance of the Customer provisioning.
Exhibit A: Contract Documentation Requirements
46 Statement of Work Motorola Solutions C.,
May 10, 2022 Item #11 Page 125 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.4.4.3 2.4.4.4
Completion PremierOne Cloud Provisioning Workshop(s)
Hand-off the responsibility for provisioning to the Customer CommandCentral Aware Provisioning
Motorola will discuss industry best practices, current operations environment, and subsystem integration in order to determine the optimal configuration for CommandCentral Solution.
Motorola Responsibilities
1. Using the CommandCentral Admin Console, provision users, groups, rules, and Based off Customer Active Directory data.
Customer Responsibilities
1. Supply the access and credentials to Customer's Active Directory for the purpose of Motorola conducting CommandCentral Solution provisioning.
2. Respond to Motorola inquiries regarding users/groups/agency mapping to CommandCentral Solution functionality.
Completion Criteria -CommandCentral Aware Provisioning
CommandCentral provisioning is complete upon Motorola completing provisioning activities in accordance with the mutually approved approach.
CommandCentral Investigate Installation and Credentialing (formerly CommandCentral Analytics Plus)
Motorola Solutions enables the CommandCentral Investigate service during the order process.
LexisNexis accreditation is required to be completed by the Customer prior to the start of the project. Motorola will provide the CommandCentral Investigate credentialing application for the Customer to complete. Following review of the application for accuracy, Motorola will schedule a site inspection which is performed by a third party vendor called Trendsource.
The inspection may take up to 1 hour. The site inspection representative is required to follow a LexisNexis questionnaire during the review. The types of questions asked during the site inspection include general information about your business, the office environment, high- level security features in place for your physical location and user workstations, and questions about how the data will be stored and secured. The representative will take a few photographs, some from the outside of your facility, and some of the general work area where data will be accessed and stored.The site inspection process is designed to avoid any review of confidential processes or practices. The representative will not ask to see the data center or any confidential/secured areas of the business, and they will not take photographs of these areas. They will not ask about proprietary controls such as firewalls or IP restrictions. The representative is not authorized to give a copy of the site inspection questionnaire to the Customer.
Exhibit A Contract Documentation Requirements
G Motorola Solutions Statement of Work 47
May 10, 2022 Item #11 Page 126 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7
2.4.5 2.4.5.1
Motorola Responsibilities
1. Provide the credentialing application to Customer.
2. Complete site inspection and provide site inspection questionnaire.
City of Carlsbad, CA
February 16, 2022
3. Remotely activate CommandCentral Investigate and initiate email that provides information on setting up the service and provisioning users.
4. Use the CommandCentral Admin tool to enable Customer access to CommandCentral Investigate. This activity is completed during the order process.
5. Connect Customer incident data ingest (PremierOne Cloud CAD).
Customer Responsibilities
1. Complete the credentialing application.
2. Participate in the site inspection and ensure a resource is available to respond to questions during the inspection.
3. Provide access to Motorola Solutions' team to connect incident data ingest.
4. Provide Motorola Solutions with crime type classification.
5. Set up users within CC Admin and set up user permissions groups.
CommandCentral Investigate subscription enabled and access verified.
CAD Client Installation
PremierOne Cloud CAD Client
The Customer will access PremierOne Cloud CAD client through a Citrix Virtual Application.
The PremierOne Cloud Clients will need to be available throughout the delivery process.
Motorola Responsibilities
1. Provide remote PremierOne Cloud client installation overview/instruction
2. Verify PremierOne Cloud Client installation for up to two (2) clients Customer Responsibilities
1. Provide the CAD client workstation in accordance with the specifications presented in the PremierOne Cloud Subscription Service Description document
2. Participate in Motorola PremierOne Cloud client installation overview/instruction
3. Complete installation for remaining PremierOne Cloud clients Customer completes CAD Client Installation on Remaining CAD Workstations Exhibit A: Contract Documentation Requirements
48 Statement of Work Motorola Solutions G
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February 16, 2022
2.4.5.2 2.4.5.3
2.4.6 PremierOne Cloud Mobile Client Installation (Windows, Android/iOS) The Customer can download the PremierOne Cloud Mobile client from an on-line app store.
Motorola will provide the Customer app store locations from which the client can be downloaded and installed. PremierOne Cloud Mobile (Windows, Android/iOS) Installation training will be provided by Motorola as defined in the Training Plan.
Deployment of PremierOne Cloud Mobile (Windows, Android/iOS) updates is a Customer responsibility.
Customer Completes Mobile Client Installation on Mobile Devices (Windows, Android/iOS) CommandCentral Aware Client Installation
Motorola will configure Aware client software on the Customer-provided Aware workstations.
Motorola Responsibilities
1. Verify remote access capability after Customer completes physical installation of workstations.
2. Configure CommandCentral Aware client application.
Customer Responsibilities
1. Perform physical installation of the CommandCentral Aware workstations. Connect to power and network. Assign IP addresses for the network.
2. Provide remote access to the CommandCentral Aware workstations.
Configuration of and successful demonstration of CommandCentral Aware client application.
Functional Validation
Motorola will execute the PremierOne Cloud and CommandCentral Functional Validation prior to Customer training and in accordance with the Functional Validation Workbook. The purpose of this exercise is to verify and document that the PremierOne Cloud service is ready for Beneficial Use.
The following severity level definitions provide the classification of anomalies that may manifest during the functional validation review.
Critical Level Severity: An incident is deemed CRITICAL if one or multiple critical functions are unavailable or severely degraded such that the customers' core business functions and capabilities are no longer delivered or capable. The resulting critical impact to the customers' business is such that focus and resources must be applied to restoration or mitigation Data has stopped showing in the application or users are no longer able to access the product due to a system-wide outage
High Level Severity: An incident is deemed HIGH if a business function is unavailable and normal customer business activit is im acted or de raded, and a workaround ma be available Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 49
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2.4.6.1 2.4.6.2
2.4.6.3 City of Carlsbad, CA
February 16, 2022
to mitigate the effects of the service impact; however overall efficiency or effectiveness is degraded. This may apply to both critical and non-critical functions.
Recoverable application crash, All data inaccessible (e.g. videos inaccessible, missing incidents).
Medium Level Severity: An incident is deemed MEDIUM if business functions are available, however, there is a deviation from the expected or agreed upon level of service or other service condition not aligned with the other defined impact levels.
Data missing; (e.g. incomplete video thumbnails, inconsistent incident population).
Critical and High-level severity issues, whether identified during PremierOne Cloud Functional Validation or during Customer Led Scenario Validation, will be retested following any corrective action taken to resolve the issue. Corrective action may consist of a configuration/provisioning change either by Motorola or the Customer, resolution of installation or environment variables such as network access or speed or remediation plan for software defect.
Numerous Medium Level severity issues may also prevent commencement of Beneficial Use. Corrective action may consist of a configuration/provisioning change either by Motorola or the Customer, resolution of installation or environment variables such as network access or speed or remediation plan for software defect. Motorola and the Customer will mutually agree to a remediation plan to address the situation whereby numerous Medium Level severity issues are considerd "blocking" issues.
Following the corrective action, the validation scripts associated with the corrected function will be retested to verify corrections. Motorola will not conduct a full retest of all scripts in the Functional Validation Workbook but such testing may be conducted by the Customer. The Functional Validation verifies the functionality of the system and is not a validation of the provisioning.
Functional validation is provided for each Product contained in the System as follows:
PremierOne Cloud CAD Functional Validation
Motorola will schedule a remote two (2) day session with the Customer to demonstrate the CAD functional validation. PremierOne Cloud CAD functional validation verifies the functionality of the CAD service and does not include the testing of other products or interfaces.
PremierOne Cloud Mobile Functional Validation
Motorola will schedule a remote one-half (1/2) half day session with the Customer to demonstrate the Mobile functionality on one (1) PremierOne Cloud Mobile device.
PremierOne Cloud Mobile functional validation verifies the functionality of the Mobile service and will be completed post completion of the PremierOne Cloud CAD functional validation.
CommandCentral Functional Validation Demonstration
Motorola will provide a functional demonstration script and will demonstrate CommandCentral Aware functionality during a one-half (1/2) day session with the Customer.
Exhibit A: Contract Documentation Requirements
50 Statement of Work Motorola Solutions G
May 10, 2022 Item #11 Page 129 of 604
DocuSign Envelope ID: EEOOOOEC-B190-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.4.6.4 Customer Led Scenario Validation
Post completion of the Functional Validations the Customer will begin utilizing the PremierOne Cloud services and CommandCentral Aware to perform "Day in the Life" scenario validation using scenarios developed by them that have been based on their everyday operations/workflow as well as more complex unique scenarios they may encounter. The Customer will include scenarios based on Motorola responses to the Functional Requirements Matrix.
Issues that are discovered during this validation exercise will be reported to Motorola for issue resolution in accordance with the Agreement.
2.5 PREMIERONE CLOUD REPORTING
PremierOne Cloud CAD utilizes Motorola's CommandCentral Reporting to provide reporting capability. Motorola will deliver access to CommandCentral Reporting to the Customer's identified reporting administrator.
Motorola will also establish a reporting data warehouse (ROW) in the cloud to support ad- hoc reporting with PremierOne CAD data using SQL Server Reporting Services (SSRS).
The standard CAD Reports Library will be provided.
Customer-specific or Customer defined reports are not included in the scope of this project unless defined in this SOW.
Motorola Responsibilities
1. Provide access to the CommandCentral Reporting environment to the Customer reporting administrator.
2. Provide overview/instruction to Customer reporting administrator on how to access the CommandCentral Reporting environment.
3. Develop the ROW environment in the cloud.
4. Conduct SSRS Report Builder Training.
5. Provide the Standard CommandCentral Reports and the PremierOne CAD Reports library.
Customer Responsibilities
1. Identify the agency's reporting administrator and provide their Name, Email and Phone Number.
2. Setup Azure AD for use with CommandCentral Reporting.
3. Participate in SSRS Report Builder Training.
Completion Criteria -PremierOne Cloud Reports
PremierOne Cloud Standard Reports
PremierOne SSRS Reporting in the Cloud
Exhibit A: Contract Documentation Requirements
C., Motorola Solutions Statement of Work 51
May 10, 2022 Item #11 Page 130 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.6 INTERFACE AND INTEGRATION DELIVERY
City of Carlsbad, CA
February 16, 2022
The installation, configuration, and demonstration of interfaces may be an iterative series of activities depending upon access to third party systems. Interfaces will be installed and configured in accordance with the PremierOne Cloud Service Description, Project Schedule, and Interface Functional Documents (IFDs) provided to Customer prior to contract and incorporated as an Ordering Document. Integrated functionality between Motorola developed products will be completed through the software installation and provisioning activities described herein. Integration activities that have specific requirements will be completed as outlined in this SOW.
2.7 INTERFACE DEPLOYMENT
Connectivity will be established between the Motorola system and the external and/or third party systems to which the contracted software will interface. Motorola will configure the system to support each System interface. The Customer is responsible for engaging third- party vendors if and as required to facilitate connectivity and validation of the interfaces.
Motorola Responsibilities
1. Establish connectivity to external and third party systems.
2. Configure interfaces to support the functionality described in the PremierOne Cloud Subscription Service document and the IFOs.
3. Provide the Customer with the Interface Configuration Guides.
4. Provide Customer training for the PremierOne Cloud CAD provisioning of the interface as applicable.
5. Validate each interface can transmit and or receive data in accordance with the IFDs.
Customer Responsibilities
1. Act as liaison between Motorola and third party vendors or systems as required to establish interface connectivity with the Motorola system.
2. Provide personnel proficient with and authorized to make changes to the network and third party systems to support Motorola's interface installation efforts.
3. Provide network connectivity between PremierOne and the third-party systems.
4. Complete the Interface Configuration Guides in accordance with the project schedule.
5. Complete Customer defined PremierOne Cloud CAD provisioning as applicable.
Motorola Deliverables -PremierOne Interface Deployment
Interface Configuration Guides
Interface deployment/configuration complete -Interface ready for Interface Validation Demonstration
Unknown circumstances, requirements, and anomalies at the time of initial design can present difficulties in interfacing to some third party applications. These difficulties could result in a poorly performing or even a non-functional interface. At such time that Motorola is provided with information and access to systems Motorola will be able to mitigate these Exhibit A: Contract Documentation Requirements
52 Statement of Work Motorola Solutions 0
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2.7.1 difficulties. If Motorola mitigation requires additional third-party integration, application upgrades, API upgrades, and/or additional software licenses those costs will be borne by the Customer or addressed through the Change Order provision of the Agreement.
Interface Validation
The objective of Interface Validation Demonstration is to verify that the installed interfaces perform according to the Interface Functional Documents {IFDs).
Motorola is not responsible for issues arising from lack of engagement of third-party and/or Customer resources to perform work required to enable/provision and or configure an interface to a 3rd party system, or troubleshooting any issues on the Customer's third-party systems.
Interfaces that cannot be demonstrated due to connectivity issues to external systems or the unavailability of Customer's third party system will be demonstrated to the degree the PremierOne functionality can be demonstrated. If interface validation cannot be completed in accordance with the project schedule due to connectivity issues to external systems or the unavailability of Customer's third party system, a change order may be required to perform such validation when the issue is resolved.
Motorola Responsibilities
1. Conduct a demonstration of each i~terface, with the Customer, to validate each function per the IFD.
2. Develop a remediation plan for features that do not perform in accordance with the IFD.
3. Upon completion, provide the Customer with a Project Milestone Document, to be signed and returned to Motorola. Exceptions will be noted in the Project Milestone Document.
4. Schedule follow-up validation to demonstrate resolution of any Critical and High-level severity issues as defined in this SOW.
Customer Responsibilities
1 . Provide access to a resource with access to the interfacing system to validate functionality.
2. Witness the execution of the validation and acknowledge successful completion.
3. Upon completion, sign and return the Project Milestone Document within ten (10) business days
4. Participate in the documentation of items that do not perform in accordance with the IFD and work with Motorola to develop remediation action(s).
Interface Validation Demonstration completed and Customer acknowledgement of completion Exhibit A: Contract Documentation Requirements
CD Motorola Solutions Statement of Work 53
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DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7
2.8 2.8.1
2.8.2 City of Carlsbad, CA
February 16, 2022
PREMIERONE CLOUD AND COMMANDCENTRAL TRAINING
AND CONSULTATIVE SERVICES
Training
Training is conducted based on the quantities and terms that are specified in the Customer Training Plan. Training is made available via in-person training (PremierOne) and the Learning exPerience Portal (LXP) (PremierOne and CommandCentral). The LXP is accessed via Internet browser. Motorola will set up an instance of the LXP that provides autonomy to the agency utilizing LXP. This subscription service provides you with continual access to our library of on-line learning content and allows your users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. All Motorola tasks are completed remotely and enable the Customer to engage in training when convenient to the user.
LXP Administrators are able to add/modify users, run reports, and add/modify groups.
Motorola Responsibilities
1. Initial set up and addition of administrators.
2. Provide instruction to Customer LXP Administrators on:
A. Adding and maintaining users and groups.
B. Assigning courses and Learning Paths.
C. Running reports.
3. Delivery of in-person training courses as described in the Training Plan.
4. Conduct up to eight (8) hours of remote consultation following PremierOne CAD Train the Trainer training to develop end-user training curriculum.
Customer Responsibilities
1. Provide Motorola with names (first and last) and emails of Customer LXP administrators.
2. Provide access to learningservices.motorolasolutions.com.
3. Complete LXP Administrator training.
4. Advise users of the availability of the LXP.
5. Add/modify users, run reports, and add/modify groups.
6. Ensure attendance of personnel for in-person and virtual training courses in accordance with the project schedule and the number of students per course defined in the Training Plan.
CommandCentral Aware Professional Consulting .Services
Professional Consulting Services provide the Customer an opportunity to utilize Motorola subject matter experts as needed to address operational concerns: impromptu training, process re-engineering, or one on one personalized support.
Exhibit A: Contract Documentation Requirements
54 Statement of Work Motorola Solutions CD
May 10, 2022 Item #11 Page 133 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.8.3 Motorola Responsibilities
1. Conduct a discovery teleconference with Customer's PM and/or team to understand the Customer needs prior to scheduling on-site service.
2. Provide Customer with a summary of the needs discussed during the teleconference that serve as the focus for the on-site service delivery.
3. Upon agreement of the focus of on-site service, schedule a mutually agreeable date for delivery of on-site service.
4. Provide five days total spread across two trips of on-site service Monday through Friday, 8:00 am to 5:00 pm local time.
5. Provide Customer with a summary report of the activities completed as part of on-site service delivery.
Customer Responsibilities
1. Participate in the discovery teleconference and agree to objectives.
2. Schedule a mutually agreeable date for delivery of on-site service.
3. Coordinate availability of people or resources required for Motorola to fulfill the focus of on-site service.
Motorola Deliverables -Training and Consultative Services Virtual Training Courses
Access to and instruction for LXP
CommandCentral Aware Consultative Services
Completion Criteria -Training and Consultative Services Conclusion of and Customer acknowledgement of Motorola provided LXP Administrator instruction, in-person and virtual courses, and CommandCentral consultative services, per the Training Plan.
CommandCentral Investigate Professional Consulting Services Motorola Consulting Services provides the Customer an opportunity to use Motorola subject matter experts to address operational concerns or implementation of strategic initiatives.
The full scope of consultative services will be determined during the discovery session between Motorola and the Customer. Certain consultative services are required as part of this offer while other services, outlined in the following solution specific tables, are selected and customized to meet the needs of the Customer.
Motorola Responsibilities
1. Conduct disco'very teleconference with the Customer to understand goals and objectives for the product as well as strategic initiatives.
2. Conduct a three (3) day on-site review of day-to-day operational use of Investigate to discover how the functional areas are utilizing the solution. Includes on-the-job training for efficient use and recommendations for optimizing. A briefing will be conducted at the end of the day to provide an update on information exchanged, activities planned and any additional actions needed.
Exhibit A: Contract Documentation Requirements
CD Motorola Solutions Statement of Work 55
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3. Provide Customer with an After-Action Report of the activities completed and next-step recommendations.
4. Conduct an after visit teleconference with Customer's point of contact to outline the Customer's priorities according to the After-Action Report.
5. Coordinate with Customer the work that needs to be completed and designate the appropriate owner of the activity.
Customer Responsibilities
1. Participate in the discovery teleconference and agree to objectives.
2. Schedule mutually agreeable dates for delivery of on-site service.
3. Coordinate availability of people or resources required for Motorola to fulfill the focus of on-site service.
4. Confirm Customer end-users have completed required training prior to on-site service.
5. Participate in the after visit teleconference and collaborate on priorities and work items to be delivered.
Delivery of After-Action Report and completion of teleconference post the on-site visit.
2.9 PREMIERONE CLOUD AND COMMANDCENTRAL GO LIVE
2.9.1 The transition to live operations to Motorola's PremierOne Cloud system is a team approach. Motorola will assist the Customer in the transition of live operations from the Customer's legacy solution to the PremierOne System. Motorola will work with the Customer to confirm the PremierOne System Go Live date and time.
The services included in this Agreement are based on a single joint go live event of PremierOne Cloud CAD, Mobile. The separation of the go live events may result in a Change Order to add additional services. If separated, the below sections apply to each go live event.
PremierOne Cloud Go Live Planning
Motorola will work with the Customer to develop a detailed Cutover Plan. This plan includes the following information:
• Motorola and Customer resources and staffing required • Pre-cutover tasks/activities that need to be performed leading up to the go live • Readiness review meetings
• Contingency/roll-back plans
• Go live tasks and responsibilities during and after the live cut • Post live cut support resources and schedules
• Issue reporting process
Exhibit A: Contract Documentation Requirements
56 Statement of Work Motorola Solutions fl
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February 16, 2022
2.9.2 2.9.3
2.9.4 • Escalation process
Motorola Responsibilities:
1. Facilitate meetings with Customer staff to develop and document the Cutover Plan.
Customer Responsibilities:
1. Coordinate the participation of Customer technical and operational staff in cutover planning and development and documentation of the Cutover Plan.
Motorola Support Engagement
As part of go live planning, the Motorola Project Manager will complete a Customer Support Plan (included in Section 10 of these Ordering Documents) that includes Customer contact information and information required for remote access to the system. Motorola will schedule a Support Engagement meeting between the Project Managers, the Customer Support Advocate ("CSA"), the Focal Support Technician and the Customer's project team representatives. The CSA will review the Customer Support Plan with the Customer, including the process for obtaining support and the contact information.
Motorola Responsibilities:·
1. Create Customer Solution Support Plan
2. Facilitate Support Engagement Meeting
Customer Responsibilities:
1. Coordinate the participation of Customer technical and operational staff in the Support Engagement Meeting
CommandCentral Aware Production Use
Following the completion of the functional demonstration of CommandCentral Aware, the Customer may commence using CommandCentral Solution for all purposes including production use.
CommandCentral Investigate Production Use
Following the completion of the activation of CommandCentral Investigate, it is deemed available for all purposes including production use.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Work 57
May 10, 2022 Item #11 Page 136 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7
2.9.5 2.10
PremierOne Cloud Go Live Event
City of Carlsbad, CA
February 16, 2022
The transition to production use of the PremierOne solution will be conducted according to the Cutover Plan.
The cutover event represents the System Completion milestone and the transition to the Motorola Solutions Support organization in accordance with the Cutover Plan.
Motorola will provide Go Live support as listed in the cutover Plan. A summary of the applicable Go Live support services are described below:
• CAD Go Live Support includes one (1) CAD Application Specialist per twelve (12) hour shift to provide 24-hour support at one (1) location for up to three (3) days. A third CAD Application Specialist will be available for up to thirty-six (36) hours over three (3) days to be deployed as mutually agreed upon.
• CAD Post-Go Live Support (remote) will be available for up to thirty (30) days following Go Live. During this period, the PM and Application Specialist will remain engaged to provide updates on issues that occur prior to and during Go Live. The Customer Support organization will be the primary point of contact to report issues that arise after Go Live.
Motorola Responsibilities:
1. Work with Customer to schedule the date and time for the go live event 2 . Execute the Cutover Plan
3. Provide on-site resources to support dispatch and mobile operations and address questions.
4. Provide remote post-go live support for up to thirty (30) days.
Customer Responsibilities:
1. Schedule and coordinate end user participation in the live operations cutover
2. Perform and support the cutover activities defined in the Cutover Plan
3. Provide technical and operational support for the supervision and monitoring of CAD and Mobile end users 24/7 beyond Motorola onsite support
4. Inform Customer staff about the Customer Solution Support Plan and the process to contact Customer Support.
Completion Criteria -PremierOne Cloud Go Live Event
Completion of Go Live Activities
Live PremierOne Cloud system
PROJECT CLOSURE
Project Closure involves the steps to close the project and transition the PremierOne System from the delivery team to Customer Support.
Exhibit A: Contract Documentation Requirements
58 Statement of Work Motorola Solutions C.,
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DocuSign Envelope ID: EEOOOOEC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.10.1 Transition to Support
The system will transition to the support phase of the Agreement per the terms and conditions of the applicable Agreements and Customer Support Plan.
2.11 OPTIONS AVAILABLE AT AN ADDITIONAL PRICE
The following solution components are presented for the City's consideration. While not required to support the PremierOne Solution, each of the following separately priced options enhance the solution by adding additional capabilities.
2.11.1 Option 1 • Motorola In-Car Cameras (Either 4RE or M500) The in-car cameras will be configured and installed in vehicles.
Motorola Responsibilities
1. Create Configuration USB.
2. Configure Each DVR as installs are completed.
3. Deliver training.
4. Perform testing in accordance with the test plan.
5. Provide thirty (30) days of remote support following production use of the in-car cameras.
Customer Responsibilities
1. Ensure availability of vehicles in accordance with agreed-upon schedule. 2 . Provide cradlepoint routers and ethernet connections in each vehicle. 3 . Install cameras in vehicles.
4. Evaluate the performance of the complete in-car camera system.
5. Acknowledge successful completion of the in-car camera implementation.
Completion Criteria -Motorola V300 Body-Worn Cameras
This task will be complete when Motorola has configured the 4RE or M500 in-car cameras and Customer acknoweldges successful completion of testing.
2.11.2 CommandCentral Community
Motorola Solutions enables the CommandCentral Community service during the order process. Deployment services are not required. Training will be made available via the LXP as described herein. Following the completion of the activation of CommandCentral components described below, implementation activities for CommandCentral Community are complete.
Exhibit A: Contract Documentation Requirements
CD Motorola Solutions Statement of Work 59
May 10, 2022 Item #11 Page 138 of 604
DocuSign Envelope ID: EEOOOOEC-B19D-469F-887C-147E3BCEAFF7 Motorola Solutions Responsibilities
City of Carlsbad, CA
February 16, 2022
1. Use the CommandCentral Admin tool to enable Customer access to CommandCentral Community. This activity is completed during the order process.
2. Connect to PremierOne Cloud CAD.
Customer Responsibilities
1. Provision policies and procedures, tags, retention periods, and user permissions.
2. Configure CommandCentral Community settings (location of agency pin, shape of agency, keywords, set up agency page, URL, which forms to deploy).
3. Provide access to Motorola Solutions' team to connect incident data ingest.
2.11.2.1 Additional Forms
Additional Forms for CommandCentral Community are provided by SeamlessDocs.
SeamlessDocs will also set up the Customer with URL information and login credentials.
Motorola Solutions Responsibilities
1. Send correct order information to SeamlessDocs.
Customer Responsibilities
1. Work with SeamlessDocs to accomplish onboarding tasks.
2. Link SeamlessDocs portal in Community Admin page.
SeamlessDocs Responsibilities
1. Onboard Customer according to normal protocols.
CommandCentral Community subscription enabled and successfully demonstrated to Customer.
2.11.3 Option 2 -Motorola V300 Body Worn Cameras
The V300 body-worn camera is the device that the Customer will use to capture video and photo content in the field. Prior to first use, each V300 camera must be configured. This process is called "Checkout" and involves connecting each camera to evidence management system to assign a configuration and officer name. This process can be done each time the officer needs to be assigned a camera, or can be done in scenarios where officers are assigned a body-worn camera to use on a more permanent basis. The transfer stations are used to charge, store and connect the body-worn camera to the backend system. Training for body worn cameras will be conducted onsite.
Motorola Responsibilities
1. Take the V300 device from "out of the box" through complete set-up.
Exhibit A: Contract Documentation Requirements
60 Statement of Work Motorola Solutions t/.l
May 10, 2022 Item #11 Page 139 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
2.12 2. Provision the V300 to the evidence management system.
3. Configure V300 cameras.
4. Install transfer stations.
5. Test function of the V300 cameras.
Customer Responsibilities
1 . Provide a network connection (Ethernet) to the upload seNer or directly to the transfer station for network connectivity.
2. Provide the desired network configuration so the equipment can be delivered configured, ready to deploy.
3. Choose and implement the proper wearability option to mount the V300 to their officers' uniform.
Completion Criteria -Motorola V300 Body-Worn Cameras
Work is considered complete upon V300 set-up and provisioning being finalized and completion and Customer acknowledgement of functional testing.
APPENDIX A-PREMIERONE CLOUD ATTACHMENT
The following sections describe standard capabilities and integrations that enhance your PremierOne Cloud solution. These aspects of the solution are included as part of the PremierOne Cloud subscription, providing your users with common seNices, reporting, and mapping capabilities.
2.12.1 Common Services
Common SeNices provides system administrators the flexibility to manage internal seNices throughout the PremierOne Cloud platform from a single point. Each system or seNice has common seNices, including GIS, System Security, Reporting, and the system tools for provisioning.
2.12.2 CommandCentral Reporting for PremierOne Cloud
Motorola Solutions will provide reporting insights through a curated library of ready-to-use reports. CommandCentral Reporting leverages secure, modern, scalable, and managed infrastructure that isolates reporting workloads from your PremierOne Cloud solution, ensuring a higher performance.
2.12.3 Geographic Information System (GIS) Integration
The PremierOne Cloud solution integrates with agency-hosted GIS data sets from an Esri ArcGIS SeNer (geospatial data is uploaded to the system through tools implemented within Esri ArcGIS). Geospatial information within these data sets contributes to display, location validation, and unit recommendation in PremierOne Cloud CAD. Esri's geospatial engine automatically invokes spatial queries to inform users of nearby items, refine geographic Exhibit A: Contract Documentation Requirements
G Motorola Solutions Statement of Worl< 61
May 10, 2022 Item #11 Page 140 of 604
DocuSign Envelope ID: EE0000EC-819D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
boundaries (by area, beat, sector, precinct, zone, or quadrant), and focus attention on specific locations to better inform response.
• The system's tools, made available for Arc Tool box, provide the ability to load local data manually or through an automated model.
• Address validation data is maintained in redundant Microsoft SQL Server geodatabases that store locations and boundaries both spatially and in optimized search tables. Esri ArcGIS provides routing and ET A calculations using the Network Analyst extension.
Client maps are displayed using Esri ArcGIS Engine and ArcGIS run-time SOK technologies.
• The system's Response Boundary Data Import Tool imports and aggregates boundaries in multiple layers into a single spatial table within the geodatabase for support of multi- agency/multi-jurisdictional scenarios. GIS data is a required key component of a system deployment. GIS provides the mechanism for location validation and recommendation for response.
• Solution conformant and geographically accurate GIS data is required for the proper operation of the system. Your agency is responsible for providing complete and accurate GIS data that conforms to the PremierOne GIS Data Requirements. Each agency being added to the system must have their geographic coverage included in the single geodatabase imported into CAD.
• The use of remote and/or Esri Online services is not supported. Motorola Solutions is not responsible for map availability or any degradation of client performance caused by the use of third party hosted internet map services; as these services are outside the domain of the system infrastructure and are not managed by Motorola Solutions.
2.12.4 PremierOne Cloud File Build
The following table lists the codefile items that are part of the PremierOne Cloud solution.
Codefile Item Global Code NENA/APCO Standard Customer
Table Provided : ' -:,·.·-~,-,_--____ ---:--r-· ·:·----;--•c·,-, .. ' .-.. -·-.--~ ,_.-.-:--:z.:t--;•: -'--_, ---,~.~--.. J •List and Statute Management · · :.· , ·,,,.-.. --· ; ,-.. :.,_~~""'·· ·\r·c:i~ -·:... ti! ~-~ __:~~1.~C:.~i.~-~----~~~j~-==--~-~~ ◄:_;'..h_ Article Type X NCIC
City X NCIC
Country List X NCIC
Eye Color Description X NCIC
Gender Description X NCIC
Gun Make X NCIC
Hair Color Description X NCIC
Person Build X NCIC
Person Race Description X NCIC
Person Suffix X NCIC
License Plate Type X NCIC
Skin Tone X NCIC
State List X NCIC
Exhibit A: Contract Documentation Requirements
62 Statement of Work Motorola Solutions CD
May 10, 2022 Item #11 Page 141 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
Vehicle Color
Vehicle Make
Vehicle Model
Vehicle Style
Vehicle Type
Incident Types
Modifying Circumstances
Incident Status -Common
Incident Source Call Origination
Common Disposition Code
Person Role
Agency Role
Incident Response Factors
Coverage Groups
Premise Hazard Types
Premise Hazard Records
Area/BeaUSectors
Location
Station Names
Resource Attribute (Capability/Skill )
Resource Type
Exhibit A: Contract Documentation Requirements
G Motorola Solutions
X NCIC
X NCIC
X NCIC
X NCIC
X
NENA
APCO
NENA
NENA
NENA
Standard
Standard
APCO
X
Standard
X
X
X
X
NENA
NENA
Statement of Work 63
May 10, 2022 Item #11 Page 142 of 604
DocuSign Envelope ID: EE000OEC-B19D-469F-887C-147E3BCEAFF7 Primary Unit Status -Common
Secondary Unit Status -Common
Unit ID -Optional
Unit Pre-Assignments
Exhibit A: Contract Documentation Requirements
64 Statement of Work
Standard
Standard
City of Carlsbad, CA
February 16, 2022
X
X
Motorola Solutions G
May 10, 2022 Item #11 Page 143 of 604
DocuSign Envelope ID: EE000OEC-B19D-469F-887C-147E3BCEAFF7 SECTION 3
COST SUMMARY
Please reference Motorola's Cost Proposal on the following pages.
3.1 PRICING SUMMARY
City of Carlsbad, CA
February 16, 2022
Description Price ($) After
Total Not To Exceed One Time Cost Based on SOW**** (Excluding Options) (50 CAD Named Users, 175 Mobile Named Users, 175 Aware Named Users, 200 LXP Users)
Total Annual Recurring Costs ***(Excluding Options) Years 2-6 Options Available for Purchase Discount*
(Including Years 1-6) (Legacy Data Query and Radio PTT IFs and CommandCentral Investigate Plus included in One Time Cost)
TOTAL SYSTEM
CAD/Mobile/Aware/Options (Years 1-6)
Discount
$1,065,179
$791,441
$0
$1,856,620
VaaS Options Price ($)
#1 Optional Purchase -Body-Worn Camera -VaaS (Years 1-5) #2 Optional Purchase -In-Car Video (60 Units) & Evidence Management-VaaS (Years 1-5)
#3 Optional Purchase -In-Car Video (94 Units) & Evidence Management -VaaS (Years 1-5)
#4 Optional Purchase Interface -Auto correlation with In-Car Video and RMS with purchase of Option 1, 2, or 3
ONE-TIME DISCOUNT** Applied to Option #1 , #2 and/or Option #3 with the purchase of CAD/Mobile/Aware
$423,079
$536,400
$840,360
$12,000
(-$100,000)
The following Options Available for Purchase have been included in the "all in" offer at no additional cost.
• Legacy Query Interface
• PremierOne CAD Radio PTT Interface
• CommandCentral Investigate Plus
**With the purchase of PremierOne Cloud CAD, Mobile, CommandCentral Aware and Body Worn Cameras or In-Car Video Motorola has provided an additional discount for Option #1 and/or Option #2.
***Includes three (3) Summit User Group Registrations Annually ****The Total Not to Exceed price is for an 18-month delivery schedule. For each month project is finished under 18 months, Motorola will credit $13,334 per month.
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Cost Summary 65
May 10, 2022 Item #11 Page 144 of 604
DocuSign Envelope ID: EE0000EC-B19D-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
• #1 Option -Motorola V300 Body Worn Cameras (quantity 130 devices) -Software, Hardware & Refresh:
• Video-as-a-Service includes cloud-based evidence management system, with unlimited storage and unlimited cloud sharing.
-User licenses on a per-device basis.
-CommandCentral Community (evidence capture, records, and CommandCentral Community capabilities included).
Body-worn camera (choice of mount)
-Third year technology (Hardware) refresh.
-Subscription, Support & Warranty:
• 5-year agreement (billed Quarterly or Annually)
• Advanced hardware replacement service & 24/7 support
• No-Fault hardware warranty
-USB Docking Station Video-as-a-Service Package (quantity of 10) -Transfer Station (8 Bay) Video-as-a-Service Package (quantity of 12) -V300 Additional Batteries (quantity of 130)
-Managed Software Installation Service; On-Site Assist Install, Training, Configuration, Project Management, Consultation
• #2 Option -In-Car video and evidence management software (quantity 60) -Video-as-a-Service includes the cloud-based evidence management system -CommandCentral Community (evidence capture, records, and CommandCentral Community capabilities included).
-Unlimited users, Unlimited storage & Unlimited cloud sharing -CarDetector Mobil_e LPR w/ Vigilant LEARN (PlateSearch) -In-Car Video System (Choice of forward camera)
• Includes 200GB DVR, Control panel & Infrared cabin camera • HiFi wireless microphone kit, MiKroTik WiFi Kit & Smart Power Switch • Managed Software Installation Service; On-Site Assist Install, Training, Configuration, Project Management, Consultation
• #3 Option -In-Car video and evidence management software (quantity 94) -Video-as-a-Service includes the cloud-based evidence management system -CommandCentral Community (evidence capture, records, and CommandCentral Community capabilities included).
-Unlimited users, Unlimited storage & Unlimited cloud sharing -CarDetector Mobile LPR w/ Vigilant LEARN (PlateSearch} -In-Car Video System (Choice of forward camera)
• Includes 200GB DVR, Control panel & Infrared cabin camera • HiFi wireless microphone kit, MiKroTik WiFi Kit & Smart Power Switch -Upload Server On-Premise (1) -Store and Forward Server for Fast Video Offload.
Use with in-car upload via Access Point or Body Worn Camera Transfer Stations, On-premise deployment, 1 U rack mount, 8TB of storage, 16 GB RAM, 2x1 0G network cards, ·Intel Zeon processor, 5 year Warranty
-MikroTik Configured Wireless Kit 802.11 n, Drill Mount (94) -Radio, Antenna, PoE, 2-10' Ethernet Cables, Drill Mount
-MikroTik Configured Wireless Access Point (5)
-Managed Software Installation Service; Onsite Assist install, Training, Managed Software Configuration, Project Management, Consultation Exhibit A: Contract Documentation Requirements
66 Cost Summary Motorola Solutions f.'
May 10, 2022 Item #11 Page 145 of 604
DocuSign Envelope ID: EE0000EC-B19O-469F-887C-147E3BCEAFF7 City of Carlsbad, CA
February 16, 2022
SECTION4
PAYMENT SCHEDULE
A. 10% Upon Approval of Project Plan
B. 10% Upon Completion of Software Installation
C. 20% Upon Completion of Functional Testing
D. 20% Upon Completion of Training
E. 20% Upon Completion of Go-Live
F. 20% Upon Software System Completion
Exhibit A: Contract Documentation Requirements
Motorola Solutions Payment Schedule 67
May 10, 2022 Item #11 Page 146 of 604
DocuSign Envelope ID: EEOOOOEC-819D-469F-887C-147E3BCEAFF7 SECTION 5
City of Carlsbad, CA
February 16, 2022
PROJECT SCHEDULE AND
PERSONNEL
5.1 PROJECT SCHEDULE
We are providing a representative project schedule on the following pages that reflects the preliminary project scope and duration. As part of contract negotiations or project kickoff activities, the Motorola Project Manager will collaborate with the City to develop a mutually agreeable project schedule (which may decrease overall duration) that will include the final contracted scope of work and project resources (including subcontractors).
Exhibit A: Contract Documentation Requirements
G Motorola Solutions Project Schedule and Personnel 68
May 10, 2022 Item #11 Page 147 of 604
DocuS;gn Envelope ID: EEOOOOEC-B19D-469F-887C-147E3BCEAm Carlsbad PremierOtie CAO and Awar'e • Project Schedule_031022 emie,-One Cloud CAD Cloud Deployment
Project Initiation and Planning
Contract ~):ecution
OOJ Approval Process.
Project ~~J~ment
Project Planning Se.ssion
Project Handoti with Sales
PrOJfCt -Planning Se:ssion
Prem.1e,qnl! Clou~ ~O_BP~u!"'.'_'=.(!~turMd
PremierOne CJoud GIS Survey Returned
CJIS Requirements Defined ·
Pr~ject Schedule 8aselined
ProJect Management Plans Completed
PremierOne aoud and CommandCentrat Kickoff Meeting
Kld:Off Meetin&
--GIS Planning S~si~n
-GIS Pl~nning Session
Cu~omer Piovid@S GIS Draft Data
Interface Planning S-ession
lnterf"ice Planning SesslOO -
Customer Provi nal CoMuk.ttive Servitel S days
Investigate Profes.slonat Consultatlve Servk.a S days
~mierOne Cloud CAO/Mobile ServlCe Oel~!_ry ~ ~a~
CA_!?an~~-bile lnstaJlatlon __ _ _ ~
Customer IP Address Provlded {lAN/WAN, Subnet mask., Gateways) 1 day M(crosoft Active Olrecto,y A:r.ure Setup
Mfcrosoft Active Clli"ectOfY Azure Ms1 Users Reg[stered Network Ports -Open (If Direct to lnterNet Configuration) Azure Public Edie Access
CAO User Information Provided (Name/Email)
PremlerOne CAO Eflvironment Sett.Jp (MSI Access Onfy)
Prem!erOne Mobile Environment Sl!tup (Ms1 Access Onty)
l day
1 day
1 day
I day
0 days
l l
'Thu 6/2/22 Thu6/2/U
'-• wod6/15/22 Wed_ 6/lS/]J
ThuffiW2 \\red 8/3/22
!hu8M[l2 Thu 8/11/22
Mon 10/31/22
Fri 6i3/22
Mon JcO]E/p.
Tue 6/7/22
Wed 6/8/22 Tue 6/14/22
Wed 6/15/22 Frl6/17/22
F<lll/4/22 Wed 11/23/22
t<!_Jl/4/2,2 Tue 11/8/22 _
Wed 11/9/22 Tue 11/22/22
Wed 11/23fl2 W~d 11i23/22
•Wed 11/23/22 Wed 11/2}/22
Tue6/28/22 Wed 11/30/22
Tue 6/28/22 Tue 6/28/22
Tue 7/5/22 Tue 7/5/22
Thu 11/24/22 Wed 11/30/22
Thu 11/24/22 Wed 11/30/22
l_~!_S/10/22 W•d S}l;/23
'Tue S/3lf12 Fri_6/l/2_2 ___
Tue 5/31/22 Tue 5/31/22
Tue 5/31/22
Tue-S/3-1/22
Tue 5/31/22
Tue 5/31/22-
'Tue 5/31/22 TueS/31/22
Tue S/31/22 Tue 5/31/22
Tue 5/31/22 Tue 5/31/22
Tue S/31/22 Tue 5/31/22
Wed6/1/22 Wed 6/1/22
Thu 6/2/22 Thu 6/2/22
Fri 6/l/}-2 ___ Fri 6/3122 _
Wed 6/8/22 Tue 1/10/23 w-;;i•fihi Wed 11/2/22
Wed 6/8/22 Thu 6/9/22
Fri 10/28/22 Fd 10/28/22
Mon 10/31/22 Mon 10/31/22
Tue 11/1/22 W~d l!}J,{J],_
Tue 1)/3_9/23_ _ J~!(l/2~
Tue 11/19/22 Tuo 11/29/22
Wedll/30/:,Z
Tu.S/10/22
Fri6/1o;i2
TueS/1iif22
Tue 5/10/22
Fri 6/24/22
Fri6/24/22
Fri 7/8/22
Tue-77i9/22
Tue 1/10/23
M-on9/19/22
Mon 6/13/22
Tue 5/10/22
Tue S/10/22
Mon 9/19/22
Mon 6/27/22
_ ¥9'!.?/11/22
Tue 7/19/22
May 10, 2022 Item #11 Page 148 of 604
DocuSlgn Envelope 10: EEOOO0EC-B190--469F·887C-147EJBCE,',FF7 Carlsbad Pr@f"r'lierOM CAO and Aware • Project Sch~ule_031022 D ask Name Dlrotlon "" F'.-.ish
GIS Draft Geobatabase load 1 day Wed 7 /20/22 Wed 7/2.0/22 GIS Import Training 3 days Tue 8/2/22 Thu 8/4/22
Grs CheckPoint Meeting #3 -Customer GIS Load Review 1 day Fri 8/12/22 Fd 8/12/22 GIS Checi ning 2days Frffolis/22 Mon 10/31/22
MSI Moblle Provisioning $(!sst0n #1 (2 Hr) lday Fd 10/28i22 Fri 10/28/22 MSI Mobile Ptovisioning Session #2 (2 Hr) lday Mon 10/31/22 Mon 10/31/22 MSI M_obile Provisioning Sessk>n #3 (2 Hr) ldav FrlJ,D/18/22 M 10/28/22 MSI MobUe Provisioning 5essM>n #4 (2 Hr) l~~V Mon 10/3!/22 Mon 10/31/22 CAO and Mobile Functional Validation Review 29days Fri 10/28/22 Wedl_2/7_fl2 CAO Functional Validation Review 29 davs Fri 10/28/22 Wed 12/7/22 Provide Funetio~al va}ida_tion Scripts Odays Fri 10/28/22 Fri 10/28/22 fof!l~!te F_unctional Validation ~ ~!YS FrlJ!/'.'.(22 '!:!_e.?:!f8/2_2 __ Custome.--led SceniilriO Validation 20days W<d 11/9/22 Tue 12/6/22 FunctlOnal-Valid"itionfxceptions Resolved 20days Wed 11/9/22 Tue 12/6/22 ~mp_l.e.tf? Fun.~to0.1I Vall_dation f~r ExceP.tions 1 da.y Wed 12{1/2l Wed 12/7/22 CAO Go Uve Reacfy odavs Wed 12/7/22 Wed 12/7/22
Mobile (Windows, Android/IDS) Functional Validation Revlew 20 diy5 Mon 10/31/22 Mon 11/28/22 ~~~.E_~Fu_nctional VilKfation Scripts Q~~ys M_2,n1om/22 !'On l_0fil!32 Comptete Functional Validation 3 day.s Wed 11/9/22 FriJ.1/_!}~~ Functional Validation Exceptions R~olved lOdays Mon 11/14/22 Fri 11/25/22 Cotnplete Fur.ctional Validation for Exceptions 1 day_ Mon 11)28/22 Mon 11/2.8/22 -~-~ob~~~Live Ready O__!I!~-· • M~1/2Y32 M~n llf~.l-
CA~and Mobil~/HH P!~_v.!!!_~ning Workshop ~14 days Wed7/6/22 Mon 12/12/22 CAO LMS Provisioning Workshop freReq Courses Completed 3 days Wed7/6/22 Fri 7/8/].2- CAD/MobHe/HH Provisioning Workshop Sessions Complete 3 days Thu 12/8/22 Mon 11./12/22 _CAD C~O!n,_er ProvisionJ_ng Owner Transfer Q.<f!ys MQn 12/12{22 Mon 12/12/22 ~~-~Orting ~<lay Tue12flH 22 Tuel ~£13/E Motorola Provides Access to CC Rce,orti;.g ldav Tue_l2/l3m._ _ }ue 12/13/p,.
Motorola Provides Access to ROW In the Cloud ~d~y. __ Tue 12/13/22 Tue 12/13/22 CAD lnt(!t'faces 2)]d.•ys _ Tue s7ioh2 Wcd4/S/23
_ ~ ln~~ce • State Que"'{ (NCIC/NCIC) ~11.fil'Y' Tu• S/J0/22 Mon 9/12/22 _ Define State CenificatlOn Requirements/Process/ Provide 4Sdays Tue S/10/22 Mon 7/11/22 Documentation
Review lnterfuce Functlol'\al Description (tFO) wlth Customer 1 day Tue 7/ll/22 Tue 7/12/22 Interlace Configuration Document l day Wed 7/20/22 Wed 7/20/22 132 State TCP Protocol Connection to Pl CAO provide<:! (IP Address/Port) l day Tue 7/26/22 Tue 7/26/22 B3 Erlte"r "User, ORl's, Device tdentlflers (Mnemonlc:s}into Pl 1 day W~7/27/22 Wed 7/27/22 CAD/C(!mmsys ,,., CAD Provisioning with Customer -command Line-User l day Thu 7/28/22 Thu 7/28/22 Access/Permissions-Incident (Person/Vehicle) Trigger-Query Response Formatting • Workstations ~tructured Response Services •Hot Hit:s Mobile Provisioning 1 day Frl 7/29/22 Fri 7/29/22
Interface Functional VaUdation CAO 1 day Fri 7/29/22 Fri 7/29/22 al Valtdation ~obikl l day Mon 8/1/22 Mon 8/1/22
30 ~~-T,;e 8/2/22 ____ Mon 9/12/22
eady • State Query odays Mon9/12/22 Mon 9/12/22
1 ANI/ AU, TDD 11~ days Tue 5/31/22 Monio[n/i2
NO!, R~~rn~ (!_! R~ulr~d) 1 dav Tue 5/31/22 'Tue 5/31/2_2 Review Interface Functional Description (IFO) with Customer ldav Wed 6/l/i2 Wed6/1/22 Lantronlx/FortlGate/flrewall Provided lday Tue6/2lf22. Tue 6/21/22 Lantronhc/FortiGatt/Firewall Installed lday Tue 6/21/22 Tue 6/21/22 Interface Configuration Document Sdays Fri 10/14/22 Ttw 10/20/22 FSA Mapping Sdai,is Fri 10/21/22 Thu 10/27 /22
Pl CAO Provisioning -Phone Position/CAD Mapping 1 d"' Fri 10/28/22 Fri 10/28/22 ··-Interface Ful'K'tlonal Validation ; day Mon 10/31/22 Mon 10/31/22 Interface Go live Ready• NG911,TOD Odays Mon 10/31)22 Mon_ 10/31/22 CAD Interface· Records CFS Feeds (NetRMS, Spldr Tedi, Axon I 125 days Tue S/10/22 Mon 10/31/22 . NOA RetWned (If Required) tOda~ rue sfiol2_2 __ Mo~ S/lV22 Review Interface Functlonal Descriptions (IFOs) with Customer 3 days Thu 6/2/22 Mon 6/6/22 Interlace Configun1tion Document 3 doys Fri6/l7/2.2 Tue 6/21/22 Interface Development 30 days Wed6/29/22 Tue 8/9/22
Interlace Functional Validation 3 days Wed8/l7/22 fri 8/19/22 156 Interlace GO Live Aeady • NctRMS, Spidr Tech, Axon o days Mon 10/31/22 Monl0/31/22 Page2
May 10, 2022 Item #11 Page 149 of 604
DocuSign Envelope ID: EEOOOOEC·B190-469F·887C.1◄7E3BCEAFF7 Car1~ Premfe,o.,e CAD and Awa,e -ProjKt Sc:hedule_0310:c?2 IS7 CAO Interface -lncldent Creation One-Way Inbound (DORS, Vigilant) NOA Rt:turned (lf A:equired)
Review rnterfac~ functional Descriptions (IFOsl with Customer 107 days
10 days
3 days
lntemice Configuration Oocument 3 days
l'!!erf-a~ Oevel~f!!-~nt -·60 days
Interface Functional Valldatfon 3 days
lnterfaO'.! Go Live Ready -DORS, Vigilant O d.iivs
CAD Interface -Qu;rv l~terfaCes =taserfiche, Vigilant LPR, Legacy Data 112 days Query, Oossroad5 Accident, Crossroads Citation, OORS, QueTcl NOA Returned (If Required)
Review Interface Funetlonal Descriptions (IFOs) with Customer rnterface Cot1~,a:uration Document
Customer Enterprl.5e Network Connections to CAD
CAO Provisionine with ~om·er .ccmmand Un~-User
Access/PermJSsjons-Trlgger-O.ue:ry Response Formatting
lntertate 0@velop,nent
Interlace Functional Validation
lnternlce Go-Live Ready -luerFiche, vtgllant LPR, Legacy Data Query, Crossroads Accident, C:rosstoads Citation, OORS, Q~Tel
CA~~d Mobile Training
g o-.Learnr!'i MJ~&en:!~nt~!uti«?!!._(~~) _____ _
LMS Admin Training
End User Access confirmed for LMS
Pr~mierO~CC~o Tr~;-the-TralMr
LMS Pr~R~qs __ _
PremierOne CAO Train-ttie-Tri:llner Course
_ P_!!,mierO!:Je CAO E11d User Training (6-Classes)
Pre:mie_'9ne Mobile Tr~lning_. .
PremierOne Mobile Train-the-Trainer (Police)
PremierOne Mo~le Train-the-Trainer (Fire)
P,emierOne Mobtle End User Training (CUSTOMER LEO)
CAD~Mobile Go Ll~
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_G_o_l~~uPe_Ort (3 diys)
ive Remote Support
Mobile Support Engagement
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r SupPOrt Plan Review
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co;'..,l.ete
lOdays
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lOdays
7 davs
7 days
90days
7 days
1 day
171~v_s
171 days.
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4 days
30davs
32 days
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1 day
30days
40~
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1 day
]days
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31days
l day
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