City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
AUGUST 23, 2023
SPECIAL MEETING – 5:30 P.M.
REGULAR MEETING ‐ 6:30 P.M.
IRWINDALE CITY COUNCIL CHAMBER
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website:
https://www.irwindaleca.gov/DocumentCenter/View/8075/AB‐2449‐Reasonable‐Accommodation‐Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430‐2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.3m. to 6:00 p.m., Monday through Thursday).
Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).
H. MANUEL ORTIZ
MAYOR
ALBERT F. AMBRIZ
Mayor pro tem
MARK A. BRECEDA
councilmember
LARRY G. BURROLA
councilmember
MANUEL R. GARCIA
Councilmember
August 23, 2023
Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.
We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.
We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.
We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.
We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.
Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.
These things we hereby pledge to do in the interest and purposes for which our government has been established.
Irwindale City Council
August 23, 2023
SPECIAL MEETING– 5:30 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers:, Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
RECESS TO CLOSED SESSION
1. Conference with Legal Counsel – Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
2. Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation pursuant to California Government Code Section 54956.9(d)(4) Number of Cases: 1
3. Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Adrian Guerra, Legal Counsel; Mary Hull, Human Resources Manager
Employee Organizations: IPOA
4. Liability Claims
Pursuant to Government Code Section 54956.95
Claimant: Calmat Co. d.b.a. Vulcan Materials Company
Agency claimed against: City of Irwindale
August 23, 2023
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
OPEN SESSION – 6:30 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE – Led by Milah Butler
INVOCATION
ROLL CALL: Councilmembers:, Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
CHANGES TO THE AGENDA
COUNCIL MEMBER TRAVEL REPORTS
COUNCILMEMBER COMMENTS
INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
Introduction of IT Technician Jonamhae Cucal
PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
Certificate of Recognition to Ignacio S. “Nacho” Miranda Irwindale Chamber of Commerce Business of the Month –Trilogy Financial Certificate of Recognition – Irwindale Aquatics
Certificates of Recognition to Irwindale Aquatics Lifeguard Travis Breceda and Assistant Pool Manager Vanessa Yanez
CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
August 23, 2023
1. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
A) Special Joint Meeting held July 19, 2023
B) Special Meeting held July 26, 2023
C) Regular Meeting held July 26, 2023
2. Warrants/Demands/Payroll
Department: Finance
Recommendation: Approve
3. Approve Purchase Agreement to Replace and Upgrade Police Department’s Dispatch Radio Consoles
Department: Police
Recommendation: (1) Approve and authorize the City Manager to sign the Communications System and Services Agreement with Motorola Solutions dated June 13, 2023; (2) Approve the sole source purchase of 2 Motorola MCC7500E Dispatch Radio Consoles offered through a Los Angeles County contract in an amount not to exceed $423,519; and (3) Adopt Resolution No. 2023‐60‐3438 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH MOTOROLA SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF 2 NEW POLICE DEPARTMENT RADIO CONSOLES."
4. Amendment No. 3 to the Regional Food Recovery Program Memorandum of Agreement between the City of Irwindale and the San Gabriel Valley Council of Government Department: Public Services
Recommendation: Adopt Resolution No. 2023‐61‐3439 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 3 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF IRWINDALE FOR PARTICIPATION IN THE SAN GABRIEL REGIONAL FOOD RECOVERY PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE MEMORANDUM OF AGREEMENT FOR THE REGIONAL FOOD RECOVERY PROGRAM AS REQUIRED BY SENATE BILL 1383 (LARA) AND CALRECYCLE REGULATIONS”.
August 23, 2023
5. Approve a Contract with California Consulting, Inc. for Grant Writing Management Services on a Month to Month, Retainer Basis
Department: Administration
Recommendation: Adopt Resolution No. 2023‐69‐3447 entitled, “A RESOLUTION OF THE CITY OF IRWINDALE, WAIVING THE FORMAL BIDDING REQUIREMENTS, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA CONSULTING, INC. FOR GRANT WRITING MANAGEMENT SERVICES”.
6. Approve a Contract with Joe A. Gonsalves & Son for Lobbying Services Department: Administration
Recommendation: Adopt Resolution No. 2023‐70‐3448 entitled, “A RESOLUTION OF THE CITY OF IRWINDALE, WAIVING THE FORMAL BIDDING REQUIREMENTS AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH JOE A. GONSALVES AND SON FOR LOBBYING SERVICES”.
7. Approval of Resolutions Relating to Job Classifications and Compensation for City Employees
Department: Human Resources
Recommendation: Adopt Resolution No. 2023‐65‐3443 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A NEW JOB CLASSIFICATION FOR AN INCLUSION SPECIALIST AND ASSOCIATED JOB SPECIFICATION AND ELIMINATING THE POLICY CORPORAL CLASSIFICATION” and adopt Resolution No. 2023‐66‐3444 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2023‐45‐3423, AND ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, AND COMPENSATION FOR CITY EMPLOYEES”.
8. Consideration of First Amendment to the Memorandum of Understanding by and between the City of Irwindale and the Irwindale Police Officers’ Association July 1, 2020 – June 30, 2024
Department: Human Resources
Recommendation: Approve the First Amendment to the Memorandum of Understanding By and Between the City of Irwindale and the Irwindale Police Officers’ Association July 1, 2020 – June 30, 2024
August 23, 2023
9. Acceptance of the 2022‐2023 Resurfacing Program: Residential Resurfacing Project – Phase II; P‐1043
Department: Engineering
Recommendation: (1) Ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements of the 2022‐2023 Resurfacing Program: Residential Resurfacing Project – Phase II; (2) approve the final construction project amount of $399,561.59 under the construction contract with Vance Corporation; (3) approve final construction management and inspection services contract with FCG Consultants in the amount of $76,266.06; (4) authorize the City Clerk to record the Notice of Completion; and (5) authorize the Finance Director to release the 5% retention amount for the construction project.
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action.
Any public member addressing the Board shall limit his or her address to three (3) minutes regarding the subject under discussion. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. In no event shall any donations of time exceed six minutes of total speaking time per person on any one item. The Presiding Officer may, in his or her discretion, extend the 3‐minute time limitation for the particular subject under discussion for all speakers. In no event shall the total amount of speaking time exceed 6 minutes per person for the subject under discussion. Organized group of persons wishing to address the Board on the same subject matter, should select a spokesperson to represent the group, so as to avoid unnecessary repetition. The City Council may regulate a speaker who is speaking too long, being unduly repetitious, or extending discussion of irrelevancies.
In the hybrid format, both in‐person and hybrid audience members will participate in the following order:
Tier 1: In‐person attendees
Tier 2: Teleconference attendees
Tier 3: In‐person and teleconference attendees who have not previously provide comments on the matter(s) being discussed by the legislative body
August 23, 2023
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
10. Legislative Update by Gonsalves & Son (Verbal)
Department: Administration
11. Veteran’s Monument – Option to Approve or Deny Name of Veteran Department: Administration
Recommendation: Consider the City of Irwindale Veteran Monument Application submission for adding Jesse Paul Marquez’s name on the Veteran’s Monument.
12. Discussion and Direction for Translation Services
Department: Administration
Recommendation: Discuss and provide direction regarding the Parks & Recreation Commission’s request for staff to use a translation service to translate City publications from English to Spanish.
13. Consideration to extend the Hours of Operation for Transportation of Excavated Aggregates from the Olive Pit to United Rock Products Pit No. 2 until September 30, 2023 Department: Engineering
Recommendation: That the City Council consider allowing United Rock Products, Inc. (United) to continue the current hours of operation for transportation of excavated aggregates from the Olive Pit to United Rock Products Pit No. 2 (URP‐2) until September 30, 2023. The current hours of operation are Monday to Friday, 7 a.m. to 3 p.m. and Saturday, 7 a.m. to 5 p.m. (Only the 2nd and 4th Saturday of each month).
PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
CITY MANAGER’S REPORT
REQUESTS BY COUNCILMEMBERS FOR FUTURE AGENDA ITEMS
ADJOURN
August 23, 2023
SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances CONSENT CALENDAR
14. Minutes
Recommendation: Approve the following minutes:
A) Regular Meeting held July 26, 2023
15. Warrants
Recommendation: Approve
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
ADJOURN
HOUSING AUTHORITY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances CONSENT CALENDAR
16. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
A) Regular Meeting held July 26, 2023
August 23, 2023
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
ADJOURNMENT
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, and Housing Authority, to be held on August 23, 2023, be posted at the City Hall, Library, and Post Office on August 17, 2023.
Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
cc Item 1A
IRWINDALE COMMUNITY CENTER
1610 ARROW HIGHWAY
IRWINDALE, CALIFORNIA 91706
JULY 19, 2023
WEDNESDAY
6:00 P.M.
The Irwindale CITY COUNCIL and PLANNING COMMISSION met in special joint session, beginning at the above time and place.
ROLL CALL:
SPONTANEOUS
COMMUNICATIONS
DENA ZEPEDA
NEW BUSINESS
ITEM NO. 1
COMPREHENSIVE
ZONING CODE
UPDATE
DIRECTOR SIMPSON
NICK PERGAKES
CHAIR GOMEZ
Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz;
Mayor H. Manuel Ortiz
Commissioners: Maricela Frymark; Vice Chair Enoch Burrola, Chair Suzanne Gomez
Absent: Commissioners Richard Chico and David Fuentes
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Marilyn Simpson, Community Development Director; Jeff Wagner, Information Technology Manager; and Laura Nieto, Chief Deputy City Clerk
Dena Zepeda asked whether she may speak on the item listed on the agenda. Mayor Ortiz confirmed that she would be given the opportunity to speak.
COMPREHENSIVE ZONING CODE UPDATE
Director Simpson introduced the item. She advised that no decision on the zoning code would be made tonight. Rather, staff seeks comments and feedback to assist in drafting the update. She introduced Nick Pergakes, Project Manager from lnterwest, which is the firm that is working on preparing the update.
Nick Pergakes made a PowerPoint presentation wherein he discussed what a zoning code consists of, why it needs to be updated, goals and objectives of the code update, important changes, the structure of the new zoning code, and an environmental review.
Responding to a question by Chair Gomez, Mr. Pergakes spoke on his analysis of the city's existing code and explained his efforts in ensuring that the update reflects the Council's vision in its policies.
CITY COUNCIL I PLANNING COMMISSION MINUTES
SPECIAL MEETING
JULY 19, 2023
PAGE2
He also advised that they are updating the commercial and industrial guidelines and noted that the zoning code would take precedence over design guidelines.
Chair Gomez also asked questions about height measurements, which Mr. Pergakes elaborated on. He also requested that any further questions or comments be received by July 31.
As requested by Chair Gomez, Mr. Pergakes also briefly explained ADU standards as well as building standards.
VICE CHAIR BURROLA Responding to a question by Vice Chair Burrola, Mr. Pergakes indicated that his firm would work toward including modern land uses and development standards to the update, and encouraged all to contact him if further clarification is needed.
CARMEN ROMAN Carmen Roman asked whether the current zoning code is available to view and whether a list of changes would be made available. She asked what residents stand to gain A 1 zoning is eliminated and asked whether the code can remain as it is now. Should the code change, she asked whether the City could guarantee that homeowners would not be taxed any higher. She said that she has additional questions and requested being able to ask questions beyond July 31 and expressed her preoccupation that residents would not be allowed to have fruit trees on their properties.
FRED BARBOSA Fred Barbosa asked whether homeowners' tax rates would change with a potential change in zoning for their properties and asked whether such a change in zoning would benefit residents. He also stated that residents would not want to give up their right to have animals on their properties.
ROBERT DIAZ Robert Diaz stated that he has spoken to residents living along Arrow Highway, who all prefer that zoning for their areas remain zoned for residential properties. He also suggested that certain areas be rezoned as commercial, requested clarification on height limits and M1/M2 zoning, and suggested restoring height variances.
DENA ZEPEDA Dena Zepeda stated that she grew up listening to chickens and roosters and asked that fruit trees not be taken from residents. She then suggested that zoning be changed for Arrow Highway to reduce truck pollution and reflected on the time she said she was able to grow marijuana for medicinal purposes when it was illegal.
ONLINE ATTENDEE An online attendee asked whether the zoning update would include a variety of photos and descriptions of what each zoning area would include.
CITY COUNCIL I PLANNING COMMISSION MINUTES
SPECIAL MEETING
JULY 19, 2023
PAGE3
MAYOR PRO TEM
AMBRIZ
FRED BARBOSA
MEGAN ZEPEDA
MAYOR PRO TEM
AMBRIZ
COMMISSIONER
FRYMARK
COUNCILMEMBER
BRECEDA
COUNCILMEMBER
BURROLA
COUNCILMEMBER
GARCIA
CHAIR GOMEZ
VICE CHAIR BURROLA
Mayor Pro Tern Ambriz agreed that the July 31 deadline to submit questions is too soon and requested that the deadline be extended.
He also stated that it is imperative that the City retain local control.
He then requested additional details over zoning consolidation, to which Mr. Pergakes advised that similar zones could be combined when they would essentially do the same things and would be consistent with each other. Mr. Pergakes then stated that he would put together responses to the questions that are posed.
Responding to a question by Fred Barbosa, Mr. Pergakes advised that his firm would go through the process to see what should be allowed by right, what should require conditional use permits, and what should not be allowed in certain districts.
Megan Zepeda asked whether answers to the questions being posed would be answered. She then spoke against vaccine mandates.
Mayor Pro Tern Ambriz stated the M1/M2 zone along the Arrow Highway corridor needs to be reviewed. He also stated that residents living in M1 I M2 zones are worried that a change in zoning for their areas would displace them. He recommended clearly identifying why zoning changes would be made.
Commissioner Frymark noted that the summary provided explains that the intent behind the zoning code update was to fix problems, inconsistencies, and errors found in the existing code, and asked which problems were found.
Councilmember Breceda suggested that the zoning for the residential area that Mayor Pro Tern Ambriz referenced be changed to residential and concurred that the July 31 deadline to submit comments or questions is too soon.
Councilmember Burrola concurred that additional time is necessary in order to make informed decisions.
Councilmember Garcia stated that M1 zones need to be clarified and that it needs to be determined whether agricultural zoning could be kept. He stated that he needed additional time to review the information.
Chair Gomez spoke about an auto dismantling overlay zone and encouraged tougher regulations against auto dismantlers in light of their continued code violations. She also suggested stronger penalties for the use of illegal fireworks.
Vice Chair Burrola suggested looking into requiring more commercial zoning to encourage more development. He also suggested analyzing the reclamation plan and receiving more input on what future uses could be.
CITY COUNCIL I PLANNING COMMISSION MINUTES
SPECIAL MEETING
JULY 19, 2023
PAGE4
CHAIR GOMEZ
FRED BARBOSA
MAYOR ORTIZ
DIRECTOR SIMPSON
ADJOURNMENT
Chair Gomez stated that the housing element contains sites where overlay zones could potentially be placed that could be earmarked for housing, which could be used to shown that the city is making goodfaith efforts to meet its housing mandates.
Fred Barbosa requested that more compassion be shown to homeless people.
Mayor Ortiz concurred that the July 31 deadline should be extended so that all questions could be answered. He also asked whether a zoning change to A 1 was necessary and spoke on the need to update the code as relates to indoor warehousing so that today's standards are reflected. He also posed questions regarding the differences between R1 and R2 zones as relate to the construction of ADU's.
Responding to a question by Mayor Ortiz, Mr. Pergakes spoke on the update's timeline and the need to use GASB funding by a certain date. He added that he would prepare a FAQ sheet with responses that could be reviewed before the Planning Commission this fall.
Director Simpson thanked all for their participation and indicated that comments and questions could also be directed to city staff.
There being no further business to conduct, the meeting was adjourned at 7:25 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINOALE CITY COUNCIL CHAMBER~ 5050 N. IRWINDALE AVENUE ... ---------' CC Item 1B
JULY 26, 2023
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:00 P.M.
The Irwindale CITY COUNCIL met in special session at the above time and place.
ROLL CALL: Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia, Mayor Pro Tern Albert F. Ambriz;
Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS
RECESS TO
CLOSED SESSION
None.
At 5:00 p.m., the City Council met in Closed Session to discuss the following:
Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: Olive Pit (APN 8415-001-906, 908)
Agency Negotiator: Julian A. Miranda, City Manager and Eddie Chan, Director of Engineering I Building Official
Negotiating Parties: United Rock Products Corp.
Under Negotiation: Sublease Price and Terms
ACTION: Discussed, update provided; no reportable action Conference with Legal Counsel - Existing Litigation
Pursuant to California Government code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Update provided; no reportable action
Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Julian A. Miranda, City Manager Unrepresented Employee: Adrian Guerra, City Attorney
ACTION: Discussed; no action taken
CITY COUNCIL MINUTES
SPECIAL MEETING
RECONVENE IN
OPEN SESSION
ADJOURNMENT
Liability Claims
Pursuant to Government Code Section 54956.95
JULY 26, 2023
PAGE2
Claimant: Calmat Co. d.b.a. Vulcan Materials Company
Agency Claimed Against: City of Irwindale
ACTION: Discussed; information provided to Council; no action taken At 6:30 p.m., the City Council reconvened in Open Session.
There being no further business to conduct, the meeting was adjourned at 6:32 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWINDALE CITY COUNCIL CHAMBER~ 5050 N. IRWINDALE AVENUE .__ ---------' CC Item 1C
JULY 26, 2023
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:32 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL:
PLEDGE OF
ALLEGIANCE
Present: Councilmembers Mark A. Breceda, Larry G. Burrola Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz;
Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
Pledge of Allegiance conducted.
AB 2449 DISCLOSURES None.
CHANGES TO THE
AGENDA None.
COUNCILMEMBER
TRAVEL REPORTS
MAYOR ORTIZ
COUNCILMEMBER
COMMENTS
MAYOR ORTIZ
CITY MANAGER
MIRANDA
COUNCILMEMBER
BRECEDA
COUNCILMEMBER
BURROLA
Mayor Ortiz reported on his attendance at a NALEO Conference held July 11-13.
Mayor Ortiz spoke on the visit from Sister City delegates and Salvatierra' s Mayor's desire to increase tourism and asked about malfunctioning air conditioners at the Dan Diaz Recreation Center.
City Manager Miranda advised that one air conditioner unit at the Recreation Center is inoperable, the other units are functioning properly. Staff is obtaining quotes for the expeditious repair of the malfunctioning unit.
Councilmember Breceda stated that he enjoyed the visit by the Sister City delegates and thanked the Council for joining him at the farewell dinner.
Councilmember Burrola also spoke highly of the visit. He then requested that the Parks & Recreation Commission discuss the use of the baseball field by football players as well as the damage they
CITY COUNCIL MINUTES
REGULAR MEETING
MAYOR PRO TEM
AMBRIZ
COUNCILMEMBER
GARCIA
INTRODUCTION OF
NEW EMPLOYEES I
PROMOTIONS
PROCLAMATIONS I
PRESENTATIONS I
COMMENDATIONS
IRWINDALE CHAMBER
OF COMMERCE
BUSINESS OF THE
MONTHOPPORTUNITIES FOR
LEARNING
RECOGNITION OF
IRWINDALE POLICE
OFFICER JAMES
ARMSTRONG
JULY 26, 2023
PAGE2
are causing to the grass. He also requested that Item 4 on the Consent Calendar be pulled for separate discussion.
Mayor Pro Tern Ambriz requested that the Council present the Aquatics Department with a Certificate of Recognition in light of the wonderful programs the department offers to the community. He also thanked those that worked in organizing the Sister City events.
Councilrnernber Garcia stated that he enjoyed the visit by the Sister City delegation and thanked Councilrnernber Breceda's company for providing dinner.
None.
IRWINDALE CHAMBER OF COMMERCE BUSINESS OF THE
MONTH - OPPORTUNITIES FOR LEARNING
The presentation was made.
RECOGNITION OF IRWINDALE POLICE OFFICER JAMES
ARMSTRONG FOR HIS GRADUATION FROM THE LOS ANGELES
COUNTY SHERIFF'S SPECIAL ENFORCEMENT BUREAU (SEB)
SWAT SCHOOL
The presentation was made.
PRESENTATION BY PRESENTATION BY THE SAN GABRIEL VALLEY WATER
THE SAN GABRIEL QUALITY AUTHORITY
VALLEY WATER
QUALITY AUTHORITY The presentation was made.
CONSENT CALENDAR
MOTION A motion was made by Councilrnernber Breceda, seconded by Mayor Pro Tern Ambriz, to approve the Consent Calendar, reading ordinances by title only and waiving further reading thereof. The motion was unanimously approved; Item Nos. 4 and 10 removed for separate consideration, Councilrnernber Burrola abstaining on Item 1A, and Mayor Ortiz abstaining on Item 1 C and 1 D.
CITY COUNCIL MINUTES JULY 26, 2023
REGULAR MEETING PAGE 3
ITEM NO. 1 MINUTES
MINUTES
ITEM NO. 2
WARRANTS/
DEMANDS/
PAYROLL
ITEM NO. 3
INVESTMENT
QUARTERLY REPORT
FOR FISCAL QUARTER
ENDING JUNE 30, 2023
ITEM NO. 5
2nd READING -
ORDINANCE NO. 771
ORDINANCE NO. 771
ADOPTED ON
SECOND READING
ITEM NO. 6
RENEWAL OF
CONTRACT
AGREEMENT WITH
THE CITY OF SANTA
FE SPRINGS FOR
CITY-WIDE TRAFFIC
SIGNAL MAINTENANCE
SERVICES
The following minutes were approved:
A) Special joint meeting held June 28, 2023
B) Regular meeting held June 28, 2023
C) Special joint meeting held July 12, 2023
D) Regular meeting held July 12, 2023
WARRANTS/DEMANDS/PAYROLL
The warrants I demands I payroll were approved.
INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER
ENDING JUNE 30, 2023
The Investment Quarterly Report for the fiscal quarter ending June 30, 2023, was received and filed.
2No READING - ORDINANCE NO. 771
Ordinance No. 771, entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING DEVELOPMENT AGREEMENT NO. 01-
2022 BETWEEN CITY OF IRWINDALE AND KBS HOLDCO LLC,
OBA REGENCY OUTDOOR ADVERTISING, TO ALLOW FOR THE
DIGITAL CONVERSION OF AN EXISTING STATIC BILLBOARD
LOCATED AT THE INTERSECTION OF THE 1-605
(NORTHBOUND) AND THE 1-210 (EASTBOUND) FREEWAYS
(APN: 8533-009-014) IN THE M-2 (HEAVY MANUFACTURING)
ZONE SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN
AND MAKING FINDINGS IN SUPPORT THEREOF; AND FINDING
THE PROJECT EXEMPT FROM THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT," was adopted on
second reading, reading by title only and waiving further reading thereof.
RENEWAL OF CONTRACT AGREEMENT WITH THE CITY OF
SANTA FE SPRINGS FOR CITY-WIDE TRAFFIC SIGNAL
MAINTENANCE SERVICES
The City Manager was authorized to execute an agreement with the City of Santa Fe Springs for city-wide traffic signal maintenance services.
CITY COUNCIL MINUTES
REGULAR MEETING
ITEM NO. 7
APPROVAL OF
CONTRACT
AGREEMENT WITH
SAN BERNARDINO
COUNTY SHERIFF'S
DEPARTMENT FOR
FIRING RANGE USE
ITEM NO. 8
APPROVAL OF
TOLLING AGREEMENT
WITH CALMAT CO.,
DBAVULCAN
MATERIALSPROTEST OF DIF
FOR 15990 E.
FOOTHILL BLVD.
ITEM NO. 9
APPROVE THE
PURCHASE OF A
REEL MOWER
RESOLUTION NO.
2023-63-3441
ADOPTED
JULY 26, 2023
PAGE4
APPROVAL OF CONTRACT AGREEMENT WITH SAN
BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR FIRING
RANGE USE
The Chief of Police was authorized to enter into an agreement with the San Bernardino County Sheriff Department allowing for the periodic use of their firing range.
APPROVAL OF TOLLING AGREEMENT WITH CALMAT CO.,
D.B.A. VULCAN MATERIALS COMPANY REGARDING THE
PROTEST OF DEVELOPMENT IMPACT FEES FOR 15990 EAST
FOOTHILL BOULEVARD
The proposed Tolling Agreement with Calmat Co., d.b.a. Vulcan Materials Company regarding the protest of development impact fees for 15990 East Foothill Boulevard was approved.
APPROVE THE PURCHASE OF A REEL MOWER
Resolution No. 2023-63-3441, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES
PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION
3.44.080, AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF A
REEL MOWER FOR THE PUBLIC SERVICES MAINTENANCE
DIVISION," was adopted.
END OF CONSENT CALENDAR
ITEM NO. 4
AUTHORIZE CITY
MANAGER TO
EXECUTE CONTRACT
SERVICE
AGREEMENTS WITH
ROYAL COACHES
AND JAN'S TOWING
AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT
SERVICE AGREEMENTS WITH ROYAL COACHES AUTO BODY
AND TOWING AND JAN'S TOWING INC., FOR TOWING
SERVICES
CITY COUNCIL MINUTES
REGULAR MEETING
COUNCILMEMBER
BURROLA
JAN QUACKENBUSH
COUNCILMEMBER
BURROLA
MOTION
COUNCILMEMBER
BRECEDA
COUNCILMEMBER
GARCIA
MAYOR PRO TEM
AMBRIZ
MAYOR ORTIZ
CITY ATTORNEY
GUERRA
RESOLUTION NO.
2023-33-3411
ADOPTED
JULY 26, 2023
PAGE5
Councilmember Burrola requested the number of vehicles towed per month for the past five years, to which Lieutenant Fraijo stated that he would confirm the exact number, but that it generally averages about one or two per day.
Jan Quackenbush spoke on the types of vehicles his company, Jan's Towing, tows from Alpha Street.
Councilmember Burrola stated his belief that having two tow companies on contract is excessive and only one would be sufficient.
A motion was made by Councilmember Burrola to adopt the proposed resolution and award the contract solely to Royal Coaches.
Councilmember Breceda agreed that having two towing companies is unnecessary and stated that the city can exert more control with only one company.
Responding to a question by Councilmember Garcia, Director Borhani advised that the $2,250 monthly contract fee that the tow companies would be required to pay to the City is the approximate average that staff determined to be a fair amount when negotiating with potential contract participants.
Mayor Pro Tern Ambriz wondered whether having two companies posed any benefits, and concurred that Royal Coaches should be selected as the sole tow provider.
Mayor Ortiz agreed that only one towing company should be selected and suggested that future bid opportunities be reviewed by a panel of individuals from outside agencies. He concurred that Royal Coaches should be selected as the sole tow provider.
City Attorney Guerra noted that the full monthly contract fee would need to be paid by the sole tow services provider and that the Request for Proposals allows for the selection of just one company.
Resolution No. 2023-33-3341, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AWARDING AN EXCLUSIVE FRANCHISE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
SERVICE AGREEMENT WITH ROYAL COACHES AUTO BODY
AND TOWING FOR TOWING SERVICES," was adopted on the
motion of Councilmember Burrola, seconded by Councilmember Breceda, and unanimously approved.
CITY COUNCIL MINUTES
REGULAR MEETING
ITEM NO. 10
AWARD OF CONTRACT
FOR CONSTRUCTION
OF THE TRAFFIC
SIGNAL MODIFICATIONS
PROJECT AT ARROW
HIGHWAY AND
VINCENT AVENUE
MAYOR ORTIZ
MAYOR PRO TEM
AMBRIZ
RESOLUTION NO.
2023-62-3440
ADOPTED
SPONTANEOUS
COMMUNICATIONS
SUZANNE GOMEZ
JULY 26, 2023
PAGE6
AWARD OF CONTRACT FOR CONSTRUCTION OF THE TRAFFIC
SIGNAL MODIFICATIONS PROJECT AT ARROW HIGHWAY AND
VINCENT AVENUE; P-980
In reply to a question by Mayor Ortiz, Director Chan advised that the City would be responsible for 50% of the contract amount and that the City of Azusa and County of Los Angeles would be responsible for the other 50%. He added that he anticipates that work will begin next month.
Mayor Pro Tern Ambriz asked whether Athens is paying into the agreement, to which Director Chan confirmed that Athens would pay $59,421.90 as part of the City's share of the costs.
Resolution No. 2023-62-3440, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE AMENDING FY 23-24 ADOPTED BUDGET BY
APPROPRIATING $29,078.10 FROM THE GENERAL FUND
RESERVE, WAIVING FORMAL BIDDING PROCEDURES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MSL ELECTRIC INC FOR CONSTRUCTION
OF THE TRAFFIC SIGNAL MODIFICATIONS PROJECT AT
ARROW HIGHWAY AND VINCENT AVENUE," was adopted; the
City Manager was authorized to enter into an agreement with MSL Electric Inc. in the amount of $90,000.00 for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue, subject to City Attorney approval as to form; and a 20% project contingency in the amount of $18,000 was approved to cover any unforeseeable conditions that may arise during construction, on the motion of Mayor Ortiz, seconded by Councilmember Breceda, and
unanimously approved.
Suzanne Gomez thanked Mayor Ortiz, City Manager Miranda, Human Resources Manager Hull, and Librarian Balli for allowing her to participate in the Summer Youth Program. She also thanked the Recreation Department for the wonderful Music in the Park concerts and for the reopening of the Snack Bar. She also thanked Officer Armstrong for his outstanding community work.
CITY COUNCIL MINUTES
REGULAR MEETING
ANNIE AMBRIZ
NEW BUSINESS
ITEM NO. 11
REVIEW OF DRAFT
ORDINANCES FOR
THE PROPOSED
REGULATION OF
UNMANNED AIRCRAFT
SYSTEMS AND
DRONES
CITY ATTORNEY
GUERRA
SUZANNE GOMEZ
BILL SALAZAR
LINDA MAREZ
MAYOR ORTIZ
MAYOR PRO TEM
AMBRIZ
JULY 26, 2023
PAGE?
An emailed statement from Annie Ambriz was read, wherein she thanked Recreation and Aquatics staff for being attentive and caring for her when she was kicked by a child, and requested that staffers Marianna Quinones and Linda Marez be recognized.
REVIEW OF DRAFT ORDINANCES FOR THE PROPOSED
REGULATION OF UNMANNED AIRCRAFT SYSTEMS AND
DRONES
City Attorney Guerra presented the report.
In reply to a question by Suzanne Gomez, City Attorney Guerra advised that the proposed ordinance includes a provision allowing the use of drones by public safety agencies.
Bill Salazar with Royal Coaches Towing attempted to speak on the towing contract item, to which Mayor Ortiz indicated that he would be allowed to speak on it after discussion on the current item concludes.
Linda Marez questioned the legality of implementing an ordinance that includes provisions that are already covered under federal airspace rules, to which City Attorney Guerra advised that there is an argument that any ordinance which is either inconsistent with I restates federal law is preempted by said federal law and not enforceable. He added that there is a strong argument that the proposed ordinance is unenforceable if someone were to challenge it in court.
Mayor Ortiz stated that the purpose of this ordinance is to protect the residents' privacy, especially during the time of year when they would be in their swimming pools, and that the Council does not want drone operators to take photos or videos of private citizens in their residential areas. He encouraged the Council to move forward with the ordinance and bring it back at the next meeting for adoption. He further stated that he welcomes commercial drone operators and concurred that the Police Department should have the ability to utilize drones to help protect the community.
Mayor Pro Tern Ambriz stated his belief that the ordinance would make the community feel better and would respect residents' expectation of privacy.
CITY COUNCIL MINUTES
REGULAR MEETING
COUNCILMEMBER
GARCIA
MAYOR ORTIZ
MAYOR PRO TEM
AMBRIZ
CITY MANAGER
MIRANDA
MAYOR ORTIZ
CITY ATTORNEY
GUERRA
COUNCILMEMBER
BURROLA
MAYOR PRO TEM
AMBRIZ
COUNCILMEMBER
BURROLA
JULY 26, 2023
PAGES
Councilmember Garcia asked whether the proposed ordinance was intended to generate more permit fees, in which case he would not be in favor of approving it. He also advised that most of the conditions in the ordinance are already covered under federal law.
Mayor Ortiz indicated that the purpose of the ordinance is not to generate more funding. He then asked about the process that commercial drone operators would need to undergo in order to secure a permit, to which City Manager Miranda indicated that he would need to compile information on permit applications, including the number of applications received, and return to the Council with the results.
Mayor Pro Tern Ambriz agreed with Mayor Ortiz and stated that the ordinance is being proposed to address public safety concerns as well as to help secure residents' expectation of privacy.
City Manager Miranda noted that, per information from Director Simpson, the City typically receives drone film permit applications about two or three times per year.
Mayor Ortiz made a motion to introduce an ordinance for first reading, to which City Attorney Guerra advised that the matter on the agenda is simply to receive direction from the Council and not to introduce an ordinance.
Responding to Councilmernber Garcia's comment, City Attorney Guerra advised that most ordinances typically restate federal law and regulations. He also agreed with Mayor Pro Tern Ambriz in that, per previous discussions, the City never intended to generate revenue through the ordinance; rather, the Council wishes to promote privacy and safety.
City Attorney Guerra requested clarification over the intent of the Council, to which Mayor Ortiz advised that he wishes to ban drones from flying over residential areas.
Councilmernber Burrola indicated that federal rules already exist and would supersede City ordinances, and that adopting this ordinance could lead to lawsuits.
Mayor Pro Tern Ambriz stated that the ordinance would provide a mechanism where individuals could report violations and that the city does not need to fear if a lawsuit is filed to challenge the ordinance.
Councilrnember Burrola recounted an incident where a drone hovered over his back yard. He acknowledged that the incident annoyed him, though this occurred several years ago.
CITY COUNCIL MINUTES
REGULAR MEETING
COUNCILMEMBER
GARCIA
COUNCIL CONSENSUS
BILL SALAZAR
PUBLIC HEARINGS
CITY MANAGER'S
REPORT
CITY MANAGER
MIRANDA
REQUESTS BY
COUNCILMEMBERS
FOR FUTURE AGENDA
ITEMS
COUNCILMEMBER
BRECEDA
JULY 26, 2023
PAGE9
Councilmember Garcia repeated his belief that the ordinance is redundant and asked who would enforce it, to which Mayor Pro Tern Ambriz indicated that it would be up to either Code Enforcement or the Police Department.
Council Consensus was reached to instruct the City Attorney to prepare an ordinance for introduction for first reading at a future meeting.
Bill Salazar with Royal Coaches stated that his company offered to pay $5,000 per month for the towing franchise fee in order to benefit the community.
None.
City Manager Miranda reported the following:
1) The Irwindale Educational Foundation will hold a Bingo Fund raiser at the Irwindale Brew Yard on July 28.
2) A "Taste of Irwindale and Business Expo" is scheduled to be held on August 3.
3) The 2023 Young Citizen of the Year Competition is set for August
7. 4) The City will host a blood drive in conjunction with the American Red Cross on August 8.
5) The Police Department is hosting a National Night Out event on August 1.
6) Repairs to the manhole located under the 605 overpass on Rivergrade Road will begin on August 1 and will take about three days to complete. Traffic control measures will be implemented.
Councilmember Breceda requested an update on the development of a Material Recovery Facility and its related grading permits.
Responding to a question by City Manager Miranda, Councilmember Breceda indicated that he would prefer that staff met with Councilmembers two-at-a-time to discuss the project.
CITY COUNCIL MINUTES JULY 26, 2023
REGULAR MEETING PAGE 10
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:02 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Payroll Batch
DATE OF ISSUE
7/13/23
Payroll Batch
DATE OF ISSUE
7127123
CITY OF IRWINDALE
PAYROLL WARRANT REGISTER
July 2023
408-07-23, 409-07-23, 410-07-23
DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
15 Summer Youth
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
421-07-23, 422-07-23, 427-07-23
DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
15 Summer Youth
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC ltem2
AMOUNT
1,731.15
56,789.95
26,342.52
5,890.00
215,972.66
31,209.69
20,970.03
17,097.94
13,752.20
36,415.20
24,868.55
52,520.16
503,560.05
(139,499.70)
(19,871.50)
344, 188.85
AMOUNT
5,754.62
55,002.45
26,953.91
5,707.88
253,701.17
31,421.81
26,552.33
19,007.49
14,716.46
34,027.71
28,420.23
54,747.71
556,013.77
(146,350.55)
(21,517.63)
388, 145.59
Electronic Payments
July 2023
July 1 - 31, 2023
Number Vendor Name
IRWINDALE
Date Amount
5991339 CJPIA Annual Contribution 2023-24 for Liability & WC 7/6/2023 1,061,898.00 5990852 CJPIA Insurance 7/6/2023 260,108.00
6010812 CJPIA Excess Pool 7/13/2023 17,902.57
ACH Bank of the West 7/26/2023 34,717.27
Report Total: 1,374,625.84
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 8/l 7 /2023 5 :22 PM
IRWINDALE --- --- -- ---------- -- --
Check No Vendor No Vendor Name Check Date Check Amount
80387 APIOI Rey Apita 07/20/2023 58.83
80388 CINGULAR AT & T Mobility 07/20/2023 1,753.25
80389 FRAEROI Laura Fraer Snyder 07/20/2023 3,150.00
80390 PAIK.QI SumakoPaik 07/20/2023 120.00
80391 STATEOOI State Of California 07/20/2023 224.00
80392 verizonw Verizon Wireless 07/20/2023 826,02
80393 WILLOI April Williams 07/20/2023 360.00
80394 AGUILA07 Berlyn Aguila 07/20/2023 57.59
80395 AMBRIZ05 Albert Ambriz 07/20/2023 165.06
80396 BURROL08 Larry Burrola 07/20/2023 1,496.28
80397 CONCEOI Concentra 07/20/2023 112.00
80398 CPGOI CPG Event Rentals LLC 07/20/2023 879.90
80399 GRIJAL05 Daniel M. Grijalva 07/20/2023 103.76
80400 LIEBERT Liebert Cassidy Whitmore 07/20/2023 4,830.00 80401 PADILLAM Melissa Marez 07/20/2023 55.53
80402 NOCOMOI Natalie Nocom 07/20/2023 114.21
80403 OPTUMOI OptumRx, hie. 07/20/2023 41,503.93
80404 PALACIO! Joanna Palacios 07/20/2023 229.09
80405 LEGAL03 Pre-Paid Legal Services, Inc. 07/20/2023 37.90 80406 SECRETO! Secretary of State 07/20/2023 40.00
80407 TEXASOI Texas Life Insurance Co. 07/20/2023 4,588.68 80408 VISIONOI Vision Service Plan - (CA) 07/20/2023 4,573.00 80409 NESTOI Blue Triton Brands, Inc. 07/27/2023 293.77 80410 PETTYC05 City of Irwindale Petty Cash 07/27/2023 385.13 80411 PETTYC05 City oflrwindale Petty Cash 07/27/2023 368.57 80412 ROCHO! Sarah Rocha 07/27/2023 133.46
80413 SMART& Smart & Final 07/27/2023 3,698.79
80414 NESTOI Blue Triton Brands, Inc. 0712712023 440.66 80415 BURGUAOI Rene Burguan 07/27/2023 4,550.00
80416 CALIF056 California State Disbursement Unit 07/27/2023 604.15 80417 CALIF057 California State Disbursement Unit 07/27/2023 143.07 80418 CITYOI City of Hope 07/27/2023 54.00
80419 !CEA Irwindale City Employee Assoc. 07/27/2023 792.00 80420 IMEA Irwindale Mgmt Employee Assoc. 07/27/2023 500.00 80421 IRWIND02 Irwindale Police Officers Assoc. 0712712023 2,948.00 80422 AT&T02 AT&T 08/03/2023 32.73
80423 AT&T06 AT&T 08/03/2023 21.97
80424 FRONTOI Frontier Communications 08/03/2023 52,30
80425 SCFUELS SC Fuels 08/03/2023 11,661.57
80426 STRASSE Strasse Sport Autobody and Collision 08/03/2023 18,372.53 80427 AMBRIZ05 Albert Ambriz 08/03/2023 20,00
80428 AMERIFID Atnerican Fidelity Assurance 08/03/2023 8,693.50 80429 AMERIC34 American Fidelity ASsurance Co 08/03/2023 4,447.34 80430 AT&T02 AT&T 08/03/2023 32.78
80431 AT&T06 AT&T 08/03/2023 37.94
80432 AyalaOI Leonor Ayala 08/03/2023 576.00
80433 BRECED04 Mark A. Breceda 08/03/2023 1,603.01
AP Checks by Date - Summary by Check Number (8/17/2023 5:22 PM) Pagel Check No Vendor No Vendor Name Check Date Check Amount
80434 BURROL08 Larry Burrola 08/03/2023 31.73
80435 CHARTEOl Charter Communications 08/03/2023 101.30 80436 PMIDEN Delta Dental Insurance Company 08/03/2023 897.44 80437 PMIDENOl Delta Dental of California 08/03/2023 12,226.74 80438 EVANS02 Gloria Evans 08/03/2023 300.00
80439 FLOREOl Karla Flores 08/03/2023 700.00
80440 FRONTOl Frontier Communications 08/03/2023 590.37 80441 GALVAN02 Claudia Galvan 08/03/2023 320.00
80442 HERN20 Heylin Hernandez 08/03/2023 864.00
80443 HO YEN Noelle Hoye 08/03/2023 490.00
80444 IMPACOl Impact Images. Inc. 08/03/2023 887.81
80445 IRWIND04 Irwindale Chamber Of Commerce 08/03/2023 7,500.00 80446 IRWINDll Irwindale Sister City 08/03/2023 50.00
80447 JOSEPHOl Joseph Pepe Miranda Sports 08/03/2023 50.00 80448 LOPEZ30 Juan Lopez 08/03/2023 50.00
80449 MCIWOR MCI Comm Service 08/03/2023 108.35
80450 NATION23 National Union Fire Insurance 08/03/2023 734.57 80451 OPTUMOl OptumRx, Inc. 08/03/2023 38,006.75
80452 ORTIZH H. Manuel Ortiz 08/03/2023 634.54
80453 PAIKOl SumakoPaik 08/03/2023 240.00
80454 POWEROl Power Sign Fabrication 08/03/2023 3,243.00 80455 PSYCHOOl Psychological Consulting Associates, Inc 08/03/2023 440.00 80456 SPECOl Special Needs Coffee, LLC 08/03/2023 300.00 80457 STANDAOl Standard Insurance Co. RV 08/03/2023 475.45 80458 STANDA03 Standard Insurance Company 08/03/2023 2,441.57 80459 VISIONOl Vision Service Plan - (CA) 08/03/2023 4,238.68 80460 WAGN02 Jeanette Wagner 08/03/2023 350.00
80461 WAGONER Pamela Wagoner 08/03/2023 680.00
80462 WESTJOl Jennifer West 08/03/2023 400.00
80463 ALESHIRE Aleshire & Wynder, LLP 08/10/2023 77,824.90 80464 AZUSALW Azusa Light & Water 08/10/2023 514.45
80465 CALIF002 California American Water 08/10/2023 74.79 80466 CITYOF23 City Of West Covina 08/10/2023 6,600.00
80467 SOUTHE17 Golden State Water Company 08/10/2023 150.89 80468 IRWIND21 Irwindale Hand Wash & Auto Detail 08/10/2023 1,464.53 80469 ROCHO! Sarah Rocha 08/10/2023 2,527.89
80470 GASCOM SoCalGas 08/10/2023 345.05
80471 VALLEYOl Valley County Water District 08/10/2023 14,261.90 80472 VALLEY09 Valley View Mutual Water Co. 08/10/2023 14.59 80473 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Mai 08/10/2023 4,063.00 80474 AZUSALW Azusa Light & Water 08/10/2023 163.51
80475 OROSC005 Rebecca Bardales 08/10/2023 234.82
80476 BURGUAOl Rene Burguan 08/I0/2023 4,550.00
80477 CALIF002 Califon1ia American Water 08/10/2023 1,657.95 80478 CARLlO Joel Carlos 08/10/2023 3,000.00
80479 CHARTEOl Charter Communications 08/10/2023 281.06 80480 DFOl D.F. Polygraph 08/10/2023 200.00
80481 FORNAOI Robin Fornaseri 08/10/2023 600.00
80482 SOUTHE17 Golden State Water Company 08/10/2023 1,762.92 80483 MIRAND25 Blanche V. Miranda 08/10/2023 520.00
80484 OLIVAROl Theresa Olivares 08/10/2023 58.47
80485 PETTYC05 City oflrwindale Petty Cash 08/10/2023 251.01 80486 ROCHO! Sarah Rocha 08/10/2023 638.35
80487 SANCHO! Jaycon Sanchez 08/I0/2023 121.88
80488 GASCOM SoCalGas 08/10/2023 970.51
80489 SPECOl Special Needs Coffee, LLC 08/I0/2023 300.00 80490 VALLEY09 Valley View Mutual Water Co. 08/I0/2023 150.75 AP Checks by Date - Summary by Check Number (8/17 /2023 5 :22 PM) Page2 Check No Vendor No
80491 CALIF056
80492 CALIF057
Vendor Name
California State Disbursement Unit
California State Disbursement Unit
AP Checks by Date- Summary by Check Number (8/17/2023 5:22 PM) Check Date
08/10/2023
08/10/2023
Report Total (106 checks):
Check Amount
604.15
143.07
327,145.04
Page3
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 8/17/2023 5:22 PM
IRWINDALE - -- -- ------------- ----- ----------------
Check No Vendor No Vendor Name Check Date Check Amount
80495 ALVARA04 Aundrea Alvarado 08/17/2023 75.00
80496 CINGULAR AT & T Mobility 08/17/2023 1,753.33
80497 CARDENOI Rudy Cardenas 08/17/2023 150.00
80498 DOMINGO! Nelida Dominguez 08/17/2023 75.00
80499 KRENOl William Krenz 08/17/2023 6,350.00
80500 LIEBERT Liebert Cassidy Whitmore 08/17/2023 435.00 80501 LEGAL03 Pre-Paid Legal Services, Inc. 08/17/2023 37.90 80502 PURCHA Purchase Power 08/17/2023 2,030.00
80503 SILVOl Randy Silva 08/17/2023 170.00
80504 STATEOOl State Of California 08/17/2023 162.00
80505 TEXASOl Texas Life Insurance Co. 08/17/2023 4,588.68 80506 LIEBERT Liebert Cassidy Whitmore 08/17/2023 170.00 80507 ROSENO RSG!nc. 08/17/2023 l,662.50
80508 ALLSTATE All State Police Equipn1ent Co. 08/23/2023 865.22 80509 AMAZON! Amazon Capital Services, Inc. 08/23/2023 7,081.09 80510 ARAMOl Aramark Uniform & Career Apparel Group 08123/2023 116.00 80511 BAKEROI Baker & Taylor Books 08/23/2023 104.48
80512 BRITEW BriteWorks, Inc. 08/23/2023 13,539.95
80513 SANGABll California Newspapers Partnership 08/23/2023 2,070.24 80514 CITYOF18 City of Santa Fe Springs 08/23/2023 15,638.53 80515 DEPTOF02 County of LA Dept of Animal Care & Cont 08/23/2023 7,849.74 80516 LOSANG33 County of Los Angeles 08/23/2023 198,921.17 80517 CWEOI CWE 08/23/2023 105,055.23
80518 DAVIDE David Evans & Associates Inc 08/23/2023 731.80 80519 ENVIR005 Environmental Science Associates (ESA) 08/23/2023 13,485.00 80520 FCGOI FCG Consultants Inc. 08/23/2023 43,341.02
80521 FED EX FedEx 08/23/2023 31.99
80522 FILLGOI Fill Good Landscaping 08/23/2023 800.00
80523 GEO LOG Geologic Associates 08/23/2023 35,517.10
80524 !Glendor Glendora Chevrolet 08/23/2023 11.31
80525 Harvey Harvey Consulting Group, Inc. 08/23/2023 l6,i40.00 80526 HDLCOR HdL Coren & Cone 08/23/2023 1,095.00
80527 INTELLOI Intelli-tech, Inc. 08/23/2023 l,312.00
80528 INTEROI Interwest Consulting Group 08/23/2023 2,147.50 80529 JOHNOI Johnson Investigations 08/23/2023 l,600.00 80530 LSAOI LSA Associates, Inc. 08/23/2023 53,992.21
80531 MAINTEOI Maintex 08/23/2023 127.93
80532 PAPEOI Pape' Material Handling Inc. 08/23/2023 147.54 80533 ROAD LI Roadline Products Inc. USA 08/23/2023 3,969.00 80534 UNITED05 United Rentals, Inc. 08/23/2023 400.99
80535 VANCEOl Vance Corporation 08/23/2023 28,409.37
80536 VICTOI Victory Tactical Gear, LLC 08/23/2023 4,559.25 80537 WESTC005 West Coast Arborists, Inc. 08/23/2023 9,235.80 80538 HDSUPOI WHITE CAP, L.P. 08/23/2023 104.17
80539 ABSOOI Absolute Software, Inc 08/23/2023 2,377.23 80540 AMAZON! Amazon Capital Services, Inc, 08/23/2023 l,084.22 80541 ARAMOI Aramark Uniform & Career Apparel Group 08/23/2023 436.64 AP Checks by Date - Summary by Check Number (8/l 7 /2023 5:22 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
80542 ARC03 ARC Document Solutions, Inc. 08/23/2023 156.94 80543 B&BTIR B & B Tires Service 08123/2023 480.00
80544 BAKER!O Bakers Man Production 08/23/2023 1,000.00 80545 MIJACA Balcon Holdings, Inc. 08/23/2023 317.00
80546 BARNEY Barney's Locksmith Service 08/23/2023 192.88 80547 BLACKA Black & White Emergency Vehicles 08/23/2023 112.79 80548 BURROOl Burro Canyon Ent. Inc. 08/23/2023 230.00
80549 CALI12 California Consulting Inc. 08/23/2023 4,500.00 80550 CALIF003 California JPIA 08/23/2023 6,206.00
80551 CINTAS Cintas Corporation #693 08/23/2023 146.49
80552 CITYOFll City of Azusa 08/23/2023 700.00
80553 COMPLEOI Complete Paperless Solutions, LLC 08/23/2023 5,750.00 80554 CONCEOl Concentra 08/23/2023 54.00
80555 CWAOl CWAAIA,Inc 08123/2023 20,403.60
80556 DIRTOI Dirt Works Utility Services, Inc. 08/23/2023 198.00 80557 DOOLEY Dooley Enterprises, fuc. 08/23/2023 8,302.14 80558 DUMAROl Dumarc Corporation 08/23/2023 19,137.60
80559 FCGOl FCG Consultants Inc. 08/23/2023 39,607.28
80560 FED EX FedEx 08/23/2023 24.51
80561 FILLGOl Fill Good Landscaping 08123/2023 800.00
80562 FOOTHOI Foothill Communications, Inc. 08/23/2023 622.94 80563 GARVEY Garvey Equipment Co 08/23/2023 1,411.69
80564 Harvey Harvey Consulting Group, Inc. 08/23/2023 9,960.00 80565 HDLCOR HdL Coren & Cone 08123/2023 1,575.00
80566 INTER12 International Business InformationTechnolc 08123/2023 6,020.00 80567 IRW1ND23 Irwindale Business Center 08/23/2023 816.95 80568 IRWIND03 Irwindale Tire Shop 08123/2023 10.00
80569 JOHNNY02 Johnny's Pool Service 08/23/2023 139.54
80570 JOHNOI Johnson Investigations 08123/2023 1,600.00 80571 KJSERVOl KJ Services Enviromental Consulting LLC 08/23/2023 255.00 80572 LA CO PO LACPCA 08/23/2023 300.00
80573 LAND SC Landscape Warehouse III Inc. 08/23/2023 422.30 80574 LEWISE Lewis Engraving, Inc. 08/23/2023 34.18
80575 LEXI SN LexisNexis Risk Solutions 08123/2023 151.50 80576 MGUN!Ol M.G. Unicom Inc 08/23/2023 325.33
80577 MIDAS Manuel C Muratalla 08/23/2023 1,610.66
80578 MONTOI Montage Paint 08/23/2023 67.91
80579 PEARSOOl NCS Pearson, Jnc 08/23/2023 99.00
80580 OFFICE03 ODP Business Solutions, LLC 08/23/2023 1,312.25 80581 PAPEOI Pape' Material Handling Inc. 08/23/2023 271.17 80582 PATTON Patton Sales Corp (Arrow Pipe) 08/23/2023 220.50 80583 PERF03 Perfonnance Elevator Contractors, Inc. 08/23/2023 360.00 80584 PINNOl Pinnacle Ciontracting Corp. 08/23/2023 30,000.00 80585 PLACED! Place Works, Inc. 08/23/2023 25,685.08
80586 PRAXAI Praxair 08123/2023 48.71
80587 PRO PRINT Pro Printing, Inc. 08/23/2023 952.34
80588 PYROSP Pyro~Spectaculars, Inc. 08/23/2023 17,175.00 80589 RANCHOOl Rancho Duarte Florist 08/23/2023 75.00
80590 RlCOHOl Ricoh USA, Inc 08/23/2023 3,592.65
80591 RICOH02 Ricoh USA, Inc 08/23/2023 1,673.13
80592 ROSENO RSG Inc. 08/23/2023 2,770.00
80593 SIERRAOl Sierra Chevrolet 08/23/2023 372.71
80594 SOUTHE24 Southern California Edison 08/23/2023 1,540.83 80595 SOUTHE26 Southern California Library Cooperative 08/23/2023 1,876.00 80596 SWANKOI Swank Motion Pictures, Inc. 08/23/2023 930.00 80597 SWEETOl Sweetwater Sound Inc. 08/23/2023 4,984.40 80598 TEDJOH Ted Johnson Propane 08/23/2023 51.59
AP Checks by Date~ Summary by Check Number (8/17/2023 5:22 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
80599 NORTHR The Northridge Group, Inc. 08/23/2023 4,420.42 80600 TITAN02 Titan Graphix & Promotions, Inc 08/23/2023 166.00 80601 TULL02 William James Tully Jr. 08/23/2023 168.14
80602 ULINEOI Uline 08/23/2023 2,429.87
80603 WALTO! Walters Wholesale Electric Co. 08/23/2023 438.05 80604 HDSUPOI WHITE CAP, L.P. 08/23/2023 388.69
80605 WILLDAN Willdan Financial Services 08/23/2023 4,484.08 80606 YTIRES YTire Sales 08/23/2023 655.08
Report Total (112 checks): 830,941.05
AP Checks by Date ~ Summary by Check Number (8/17 /2023 5:22 PM) Page3 181 City Council Olyo/ I CC Item 3
0 Successor Agency
0 Housing Authority
0 Reclamation Authority
O Joint Powers Authority
IRVVINDALE------- AGENDA REPORT
Date: August 23, 2023
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Purchase Agreement to Replace and Upgrade Police Department's Dispatch Radio Consoles
City Manager's Recommendation:
Adopt Resolution No. 2023-60-3438 entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTIONS 3.44.0BO(C) AND
3.44.0BO(F), AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE
AGREEMENT WITH MOTOROLA SOLUTIONS FOR THE PURCHASE AND
INSTALLATION OF TWO (2) MOTOROLA MCC7500E DISPATCH RADIO CONSOLES FOR THE IRWINDALE POLICE DEPARTMENT, AND APPROPRIATING FUNDS." Administrative Action:
Submitted by:
Christopher Hofford, Chief of Police
(626) 430-2200
Prepared by:
John Fraijo, Police Captain
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0010/914214.1
Electronically Approved
~'A. L---1
Background and Analysis:
The Irwindale Police Department's ("IPD" or "Police Department") radio communication system is an essential part of the IPD's commitment to public safety. The radio system connects IPD first responders with dispatchers, who relay information gathered from the community. The Police Department's current radio system is over 15 years old, making it an obsolete system, where hardware and software support are no longer offered by the manufacturer Motorola Solutions, or by other radio service vendors.
The Police Department has dealt with several critical radio system failures due to the system's age and obsolescence. Due to these system failures, the Department has faced persistent problems, especially in regards to the performance and reliability of the dispatch radio consoles and repeater systems. These issues have produced periods of erratic static, loss of communication capability, and digitization noise transmitted through the radio communication system , which risks the safety of IPD officers and the public.
Every piece of equipment used by the Police Department has a manufacturer's recommended maintenance, repair, and replacement schedule. Adhering to that recommended maintenance schedule is critical to ensuring the proper operation of that equipment in the field and minimizing the risk of failure that could contribute to serious injury or death. The maintenance and replacement of the City's public safety communications system is critical to the life and safety of Police Department staff and to the diverse communities it serves.
The following products/equipment used by the Police Department have been officially discontinued by Motorola, such that support and parts are no longer available, marking the end of their effective service life:
• XTL 5000 Mobile Radios - Discontinued in 2013
• MCC 5500 Dispatch Consoles - Discontinued in 2016
By industry standards, the Police Department's communication system is considered "legacy" equipment and has been operating without hardware and software support by Motorola as products/equipment are discontinued. The system has fallen well below the public safety requirements and is on the verge of complete failure due to its age. The Police Department's current radio communications vendor has been called on several occasions to "bandage" the system to maintain operations until replacement. As technology continues to evolve, additional investments are necessary to ensure that the Police Department's radio communication platform is contemporary and able to expand as future additional safety enhancements are made.
Police departments routinely coordinate operations and require the ability for radio interoperability, especially during emergency incidents. Currently, the IPD's radio system is not compatible for communication with some of the City's neighboring agencies, which
severely limits the Police Department's ability to cooperate and coordinate with neighboring police agencies.
Additionally, IPD's current radio communications system does not support voice and data secured encryption algorithms, leaving the Police Department vulnerable to scanners and eavesdroppers. Not having these security features and technology exposes IPD Officers and the public to potential harm. Modern radio systems can eliminate this issue by having multiple hardware encryption algorithms and "P25" radio authentication, which ensures only valid users can access the system.
The Police Department's goal is to complete the transition from its current outdated conventional/stand-alone UHF radio communications system to a countywide UHF system with increased interoperability capability. The updated system will allow IPD to better communicate with neighboring police agencies, provide voice and data security, and provide necessary system updates in many key areas, such as longer battery life, higher temperature ratings, improved emergency trigger, and higher channel capacities.
To successfully implement this project and maintain a fiscally prudent approach, the project has been divided into four phases:
• Phase One: Purchase 17 APX 8000 handheld portable radios utilizing 2017 State Homeland Security Program (SHSP) grant fund in the amount of $90,072 to offset total project cost (completed).
• Phase Two: Purchase 10 APX 8000 hand held portable radios utilizing 2018 State Homeland Security Program (SHSP) grant fund in the amount of $69,944 to offset total project cost (completed).
• Phase Three: Purchase and install 2 Motorola MCC7500E Dispatch Radio Consoles that will operate on the lnteragency Communications Interoperability System, "ICI" network and that are being used by all other ComNet Radio Joint Powers Authority ("JPA") radio network agencies within the Los Angeles County area. ICI is a much larger, county-wide radio communications network of which ComNet is a member. ICI provides seamless radio communications throughout and beyond Los Angeles County. The ICI system is built on a Motorola platform.
Therefore, most Los Angeles County police departments have installed the MCC 7500 dispatch consoles, which is currently the only solution recommended by ICI for the Department's Communications Center to be interconnected with the ICI system. The Irwindale Police Department is currently a member of the ICI network and ComNet JPA network, which allows the IPD to communicate with other members of the networks. However, the IPD's deteriorating radio communication systems is interfering with the IPD's access to the networks and limits communication with network members.
01005.0010/91 4214.1 Page 3
•Phase Four: Purchase of approximately 10 mobile radios to replace discontinued XTL 5000 Mobile Radios. Purchases will be made utilizing funds from a future State Homeland Security Program (SHSP) grant to offset total project cost.
Motorola has been the industry standard for public safety communications and has been a reliable and proven contractor with the City for over 30 years. All of the Police Department's current infrastructure (consoles, repeaters, mobiles and portable radios) are Motorola products. This standardization of equipment enables significant redundancy options, reduction of maintenance costs, and better opportunity for discount pricing. In addition , maintaining a substantially similar radio system to our neighboring police agencies, as well as other ICI system members, allows for greater interoperability, resiliency, and redundancy. Furthermore, all other ComNet agencies enjoy reduced maintenance fees through a collective maintenance agreement with Motorola. Irwindale PD will also benefit from these savings. While other radio systems available can work similarly to Motorola's systems, the City would be required to pay a license fee to Motorola in order to access the Motorola ICI core, which connects the IPD to the ICl/ComNet networks. Additionally, there are several safety enhancements standard in the Motorola system that are not available with other systems.
The upgraded Motorola radio equipment the Police Department proposes to purchase is the only equipment that is compatible with the City's existing "legacy" Motorola radio system, which ensures no discontinuity in service. The legacy equipment will serve as a backup system to the ICl/ComNet networks. Due to the unique quality of the Motorola radio design and the manufacturer's proprietary hardware and software components, this purchase can be considered a sole-source purchase under Irwindale Municipal Code Section 3.44.080 since the product is only available from one source and additional bidding is not likely to result in a lower project price. It is recommended that the City Council dispense with the formal bidding requirements and authorize the sole source purchase of 2 Motorola MCC7500E Dispatch Radio Consoles under Irwindale Municipal Code Section 3.44.080(C).
Municipal Code Section 3.44.080(F) allows the City to forego the formal bidding process for purchases of equipment or supplies obtained through a cooperative competitive bidding procedure or "piggyback" contract prepared by or processed through another government agency which has been determined to be in the best interest of the City. The radio equipment has been through competitive bid through the LA County Master Agreement as part of a large joint purchase program to acquire goods and services at the lowest prices possible through volume discount. As such, staff has determined that it is in the public interest of the City to purchase radio equipment from Motorola Solutions due to the compatibility with the IPD's existing equipment and systems.
The Motorola equipment will be purchased from Motorola Solutions, Inc. located at 725 S.
Figueroa Street, Suite 1855, Los Angeles, CA 90017. The purchase is based on the County of Los Angeles Master Purchase Agreement Pricing, contract # MA-IS-2240228-1 dated Page4
July 01 , 2022 with an expiration date of June 30, 2025, with pre-negotiated pricing between Los Angeles County and Motorola, Inc. This agreement is available to all State of California governmental agencies.
Fiscal Impact:
The total purchase price and installation cost of $423,519 will be sourced from the General Fund ($323,519) and Citizens Option for Public Safety (COPS) grant funds ($100,000). The general fund expenditure was approved in the FY23/24 budget, and sufficient funds exist in the COPS FY 23/24 budget for this purchase.
Payments will be made in the following increments:
25% of the Contract Price due upon contract execution (due upon effective date); 60% of the Contract Price due upon shipment of equipment from Staging; 10% of the Contract Price due upon installation of equipment; and 5% of the Contract Price due upon Final Acceptance.
Attachment:
Attachment A: Irwindale Dispatch Console Pricing and Service Agreement 6-13-23 Attachment B: MA-IS-2240228-1 Executed
Attachment C: Irwindale ICI Specs Letter
Attachment D: Resolution No. 2023-60-3438
01005.0010/914214.1 Page 5
RESOLUTION NO. 2023-60-3438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING FORMAL
BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTIONS
3.44.0BO(C) AND 3.44.0BO(F), AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PURCHASE AGREEMENT WITH MOTOROLA SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF TWO (2) MOTOROLA MCC7500E DISPATCH RADIO CONSOLES FOR
THE IRWINDALE POLICE DEPARTMENT, AND APPROPRIATING FUNDS WHEREAS, the Irwindale Police Department has determined the current dispatch radio consoles used as part of the Irwindale Police Department's radio communication system are at the end of their useful life, causing disruptions within the radio communication system, and there is a critical need to replace this vital piece of public safety communications equipment; and WHEREAS, the current dispatch radio consoles have been officially discontinued by the manufacturer, such that support and parts for the consoles are no longer available; and WHEREAS, the Irwindale Police Department is currently a member of the ICI and Com Net JPA radio network agencies, which provide seamless radio communications throughout and beyond Los Angeles County to allow interoperability with neighboring public safety agencies; and WHEREAS, the disruptions within the radio communication system caused by outdated equipment has also interfered with the Irwindale Police Department's ability to participate in and utilize the lnteragency Communications Interoperability System, "ICI" network and ComNet Radio Joint Powers Authority ("JPA") network, disrupting the Police Department's ability to interoperate with neighboring public safety agencies; and
WHEREAS, purchasing new dispatch radio consoles will significantly enhance the reliability and performance of the Police Department's radio communication system and provide for greater interoperability with neighboring public safety agencies; and WHEREAS, the Irwindale Police Department recommends the purchase and installation of two (2) Motorola MCC7500E Dispatch Radio Consoles that are compatible with the ICI and ComNet JPA networks; and
WHEREAS, Irwindale Municipal Code ("IMC") Section 3.44.0BO(C) states that the city council may dispense with formal bidding procedures when "the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental , or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the using agency, or when there is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area"; and WHEREAS, the upgraded Motorola radio equipment the Irwindale Police Department recommends purchasing is the only equipment that is compatible with the 01005.001 0/914254.1 Resolution No. 2023-60-3438
City's existing "legacy" Motorola radio system, which ensures no discontinuity in service; and
WHEREAS, Motorola radio equipment has been the industry standard for public safety communications and has been a reliable and proven contractor with the City for over 30 years, and there are several safety enhancements standard in the Motorola system that are not available with other systems; and
WHEREAS, due to the unique quality of the Motorola radio equipment design and the manufacturer's proprietary hardware and software components, such that there is no acceptable substitute within a specific geographical area, this purchase can be considered a sole-source purchase as defined under IMC Section 3.44.080(C); and WHEREAS, IMC Section 3.44.080(F) also states that the city council may dispense with formal bidding procedures when "the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the state of California or by the federal government within the previous three hundred sixty-five days (one year)"; and WHEREAS, the Motorola radio equipment recommended for purchase has been through competitive bid through the Los Angeles Master Purchase Agreement Pricing, contract # MA-IS-2240228-1 dated July 01, 2022 with an expiration date of June 30, 2025, with prenegotiated pricing between Los Angeles County and Motorola, Inc. This agreement is available to all State of California governmental agencies; and
WHEREAS, this purchase can be considered a purchase in the public interest, resulting from a formal competitive bid process by another governmental agency within the state of California, as defined under IMC Section 3.44.080(F); and WHEREAS, the City Council now desires to dispense with formal bidding procedures pursuant to IMC sections 3.44.080(C) and 3.44.080(F), authorize the execution of an agreement with Motorola Solutions for the purchase and installation of two (2) Motorola MCC7500E Dispatch Radio Consoles for the Irwindale Police Department, and appropriate Citizens Option for Public Safety (COPS) grant funds ($100,000) for the purchase and installation.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows:
SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.
SECTION 2. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase two (2) MCC7500E Dispatch Radio Consoles from Motorola Solutions pursuant to Irwindale Municipal Code Section 3.44.080(C) and Section 3.44.080(F) Resolution No. 2023-60-3438
Page2
and authorizes the City Manager to execute an agreement with Motorola Solutions for the purchase and installation of the same.
SECTION 3. The City Council of the City of Irwindale hereby authorizes and appropriates a total of $423,519.00, appropriated from the City's General Fund ($323,519) as approved in the FY23/24 budget, and Citizens Option for Public Safety (COPS) grant funds ($100,000), to purchase the radio consoles.
SECTION 4. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent of this Resolution.
SECTION 5. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
PASSED, APPROVED AND ADOPTED this 23rd day of August, 2023.
ATIEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0010/914254.1
H. Manuel Ortiz, Mayor
Resolution No. 2023-60-3438
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-60-3438 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 23rd day of August, 2023, by the following vote:
A YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2023-60-3438
Page4
Laura M. Nieto, MMC
Chief Deputy City Clerk
Irwindale Police Department
Dispatch Upgrade to MCC
7500E
June 13, 2023
The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc.
MOTOROLA, 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. © 2023 Motorola Solutions, Inc. All rights reserved.
PS-000145128
Motorola Solutions, Inc.
500 W Monroe Street, Ste 4400
Chicago, IL 60661-3781
USA
June 13, 2023
Capt. John Fraijo Jr.
Irwindale Police Department
5050 North Irwindale Ave
Irwindale, CA 91706
Subject: Dispatch Upgrade to MCC 7500E
Dear Mr. Fraijo,
• MOTOROLA SOLUTIONS
Motorola Solutions, Inc. ("Motorola") is pleased to have the opportunity to provide the Irwindale Police Department with quality communications equipment and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value.
To best meet the functional and operational specifications of this solicitation, our solution includes a combination of hardware, software, and services. Specifically, this solution is for upgrading your current MCC5500 Consoles and provides:
• (2) MCC 7500E Dispatch Consoles
• (2) ACX7024 MPLS Routers
This proposal consists of this cover letter and the Communications System Agreement (CSSA), together with its Exhibits, and the accompanying Addenda. This proposal shall remain valid until August 31 , 2023. Irwindale Police Department may accept the proposal by delivering to Motorola the signed CSSA. Alternatively, Motorola would be pleased to address any concerns Irwindale PD may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, Denis Redzepag ic at 619-577-3619, den is. [email protected].
We thank you for the opportunity to furnish Irwindale Police Department with "best in class" solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry.
Sincerely,
Motorola Solutions, Inc.
Michael Bravo
Territory Sales Manager
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 1
June 13, 2023
Table of Contents
Solution Description ................................................................................................................. 3
1.1 System Overview ................................................................................................................. 3
1.2 Site Preparation ................................................................................................................... 4
1.3 Dispatch Console Configuration ......................................................................................... 5
1.3.1 Conventional Base Station lnterfaces ....................................................................................................... 7
1.4 MAKING CONSOLES EASY TO OPERATE ......................................................................... 7
1.4.1 Customizable Dispatch Interface .............................................................................................................. 7
1.4.2 Standard Radio Transmission and Reception .......................................................................................... 7
1.4.3 Radio Patch Control. ....................................................................................................... ............ .............. 8
1.4.4 Call Management and Control .................................................................................................................. 9
1.5 PROTECTING CONSOLES AND COMMUNICATIONS ........................................................ 9
1.5.1 Secure Access to the Console .................................................................................................................. 9
1.5.2 Secure Communications at the Console .................................................................................................. 9
1.6 DISPATCH CONSOLE SOLUTION COMPONENTS ............................................................. 9
1.6.1 MCC7500E CONSOLE OPERA TOR POSITION ................................................................................... 10
1.6.2 SPARES .... ................................................................................................... ............... ... ...... ...... ............ 11
1.7 BACKHAUL DESIGN .......................................................................................................... 11
1.7.1 Juniper Core+ Support Contract ...................................................................... ....................................... 12
1.7.2 Ethernet Site Link Service Level Agreement and Test ........................................................................... 13
1.8 DESIGN EXCLUSIONS ....................................................................................................... 13 Section 2
Statement of Work .................................................................................................................. 15
2.1 Assumptions ...................................................................................................................... 25 Section 3
Preliminary Project Schedule .................................................................................................. 1 Section 4
Acceptance Test Plan ............................................................................................................... 2
4.1 ACIM LINKS ON MCC 7100/7500 CONSOLE SITE ..................................................................... 2
4.1.1 Inbound and Outbound Calls Using ACIM ................................................................................................ 2
4.1.2 Emergency Alarm and Call Using ACIM ................................................................................................... 2
4.2 MCC 7100/7500 Trunked Resources ................................................................................... 2
4.2.1 Talkgroup Selection and Call - Secure ..................................................................................................... 2
4.2.2 Multi-Select Operation .............................................................................................................................. 2
4.2.3 Talkgroup Patch ........................................................................................................................................ 3
4.2.4 PTT Unit ID/Alias Display ......................................................................................................................... 3
4.2.5 Console Priority ........................................................................................................................................ 3
4.3 System Reliability Features ................................................................................................ 3 Table of Contents G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Pagei
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
4.3.1 Redundant Console Site Link Failure ....................................................................................................... 3 Section 5
Training Plan ............................................................................................................................. 1
5.1 Training Overview ................................................................................................................ 1
5.2 Motorola Solutions Training ................................................................................................ 1
5.2.1 Training Delivery ................................................................................................................................... .... 2
5.2.2 Training Courses ................ .......... ............................... ....... ........................... ..... ..................... .. ............... 3
5.2.3 Training Tools ........................................................................................................................................... 5
5.3 Proposed Training Overview for Irwindale Police Department ......................................... 6
5.3.1 Console Operator and Supervisor Training Plan ...................................................................................... 6
5.3.2 Course Descriptions for Irwindale Police Department .............................................................................. 6 Section 6
Equipment List .......................................................................................................................... 8 Section 7
Pricing Summary .................................................................................................................... 11
7.1 Equipment and Services Proposed .................................................................................. 11
7.1. 1 Solution Pricing ....................................................................................................................................... 11
7.1.2 Maintenance Services ................................. ... ...................... ........ .......................................................... 12
7.2 Payment Terms .................................................................................................................. 12 Section 8
Contractual Documentation ................................................................................................... 14 Section 9
Our Commitment. ...................................................................................................................... 1 Table of Contents CD MOTORO&.A SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Page i
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 1
Solution Description
1.1 System Overview
June 13, 2023
Motorola Solutions, Inc. (Motorola) is pleased to provide the City of Irwindale Police Department (Irwindale PD) with a proposal to upgrade their existing dispatch console system. The proposed design provides the Irwindale PD with the confidence of state-of-the-art secure communications, seamless IP based connectivity, flexible system architecture with scalable components, and centralized console management.
This proposal will be upgrading the two (2) existing MCC 5500 dispatch positions at the Irwindale PD Dispatch room with two (2) MCC 7500E.
The proposed dispatch location will be networked to the ICI system core via (2) customer provided ethernet backhaul connections. Two (2) MPLS routers have been included in this quote in order to support the layer 3 routing necessary to integrate into the ICI system.
To best meet the functional and operational specifications, our solution includes a combination of hardware, software, licenses, and services described below. • Two (2) MCC7500E dispatch positions, each consisting of:
Command Central HUB
19" Non-Touchscreen Monitor
(2) Speakers
(2) Headset Jacks
Headset with PTT
Over the Head, Monaural, Noise cancelling
Microphone
Dual Pedal Footswitch
Keyboard and Mouse
Enhanced Instant Recall Recorder
OTEK Operation
AES/ADP/DES-OFB Encryption
• Two (2) Conventional Channel Gateways (CCGW) - One for connection to existing APX Consolettes via the ACIM interface for conventional fallback, and the other for connection to the existing analog logging recorder via 4W interface
• One (1 ) Conventional Site Controller (CSC) for conventional fallback • Two (2) Site LAN Switches
• Two (2) Site Gateways
• Two (2) Juniper ACX7024 MPLS Routers
Solution Description I) MOT OROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Page3
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
• Device Licenses for operation on the ICI system
• No Equipment spares have been included in this quote.
A high-level block diagram is provided below.
Figure 1-1:
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1.2 Site Preparation
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June 13, 2023
In order to make space in the Irwindale PD Equipment room to accommodate the proposed backroom equipment rack, services have been included to Remove Rack02 indicated in Figure 1-2. The scope of the services includes:
1. Remove Antenna SPDs from "Rack02" shown in Figure 1-2 below. Mount the SPDs on the wall onto a Secondary Ground Bus.
2. Install New Jumpers from Secondary Ground Bus to the existing Consolettes in the "Rack 1" shown in Figure 1-2 below.
3. Remove all equipment and cabling in Rack02 and Remove Rack02 to make space available for the proposed staged MCC FNE rack.
While this consolidation of the Antenna lines from Rack02 to Rack01 is ongoing, there will be a disruption in connectivity from Irwindale PD to the ICI Core. This activity can be performed after hours to minimize the impact of the disruption.
Figure 1-2:
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Page4
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
-------------------------()----------
-- ----- ------------------------ ---
Storage
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The following site preparation tasks are the responsibility of Irwindale PD:
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June 13, 2023
1. Remove debris (including but not limited to boxes of paper, file cabinets, cables, decommissioned equipment) from equipment room.
2. Provide two (2) dedicated 20-Amp AC circuits backed up by the building generator to power the proposed equipment rack in the equipment room.
1.3 Dispatch Console Configuration
The proposed solution offers the Irwindale Police Department Two (2) MCC7500E dispatch positions which will interface to and will be managed by the ICI system core. The figure below shows an MCC7500E operator position.
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Pages
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Figure 1-2 The MCC7500E Dispatch Position with CommandCenteral HUB Motorola Solutions is an active participant in establishing P25 standards for interoperability. The proposed console is a key component for the interoperability of the ASTRO 25 system. When a situation requires coordination between multiple agencies, the proposed dispatcher can patch together mutual aid radios and required subscribers on the ASTRO 25 system (see the figure titled "Mutual Aid Components")
Incident conversations are seamless from the moment of the patch initiation, the dispatcher can also take part in and monitor conversations for the duration of the incident, as necessary 111 Dispatch L::.:-J Console
} ·"
-..-..- Mutual Aid Radios or Resources
Figure 1-3 Mutual Aid Components - Mutual Aid agency radio systems connect to the ASTR025 network through a CCGW
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Page6
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
1.3.1 Conventional Base Station Interfaces
June 13, 2023
The proposed dispatch consoles will have the ability to access and control Irwindale PD's two (2) existing UHF APX Consolettes through the use of an Enhanced Conventional Channel Gateway (ECCGW). The MCC7500E console will process audio received from the consolettes and be able to control various features on the stations, such as frequency selection and private line selection.
Additionally, Motorola has included another Enhanced Conventional Channel Gateway (ECCGW) to Interface with one (1) of the existing UHF APX Consolettes to allow the recording of One (1) talkgroup to an existing analog logger.
The existing analog logger will source audio off the back-output port of the consolette intended for logging. The existing consolette will remain co-located and utilize the same RF combiner and cabling as the other two consolettes intended for backup.
Motorola has not included a new consolette or a logging solution as part of this proposal. If desired, Motorola wi ll work with the city of Irwindale to identify and properly size a solution that meets their needs.
1.4 MAKING CONSOLES EASY TO OPERATE
Motorola Solutions designs its proposed console to provide mission-critical audio between the dispatcher and users in the field.
1.4.1 Customizable Dispatch Interface
The proposed MCC 7500E console provides dispatchers with a graphical user interface (GUI) that can be customized by the agency or by individual users to optimize user efficiency. Based on dispatcher preference, the proposed GUI can be customized to show details of the conventional RF channels on a per-channel basis. Busy dispatchers can respond to a missed call by simply clicking on an entry in the Activity Log. The number of calls and call information displayed in the Activity Log is customizable to suit the needs of the user.
Elite Dispatch Graphical User Interface
The proposed Elite Dispatch GUI is an enhanced version of Motorola Solutions' Gold Elite Dispatch GUI. For existing Gold Elite users, the GUI allows a smooth transition and minimal training for dispatchers. For new users, the graphical icons and customization options make the proposed console GUI easy to learn and operate.
1.4.2 Standard Radio Transmission and Reception
The proposed dispatch position has a microphone and two speakers. One speaker is for selected audio and the second speaker is for all remaining unselected audio. Additional speakers can be added to a console allowing dispatchers to configure a specific speaker for a set of designated audio sources. This simplifies multitasking between multiple audio sources and allows flexibility in the way the audio is presented to the dispatcher.
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Receiving Calls from the Field and Other Dispatchers
June 13, 2023
The proposed console provides dispatchers with greater flexibility for how to hear calls from field radio users and other dispatchers. Each dispatcher can define his or her own audio reception profile by selecting a single audio source, to be heard on a selected speaker or headset (Single Select). The dispatcher can also define groups of radio resources that can all be heard on a selected speaker or headset (Multi- Select).
Initiating Calls to the Field and Other Dispatchers
The dispatcher has several different ways of initiating a call. In most circumstances, a General Transmit is appropriate. With the General Transmit, the dispatcher selects a resource on the console and activates the transmission through a footswitch, headset transmit button, or a microphone transmit button. If the dispatcher needs to quickly transmit on a resource that is not selected, the dispatcher uses the Instant Transmit function.
Audio Communication to the Field and Other Dispatchers
The dispatcher can transmit audio in different ways. They can make calls to all users listening to a specific conventional radio resource. When multiple resources are required the dispatcher can select additional conventional channels, as needed using the Multi-Select feature.
Controlling Console Audio
The proposed console offers dispatchers several different ways of controlling or muting the audio on their consoles, such as the following:
• Audio volume can be changed for any specific resource. • All non-selected resources on the console can be muted for 30 seconds (All Mute) or unmuted, if already muted.
• A dispatcher can transmit on a resource while receiving audio from the same resource or other resources.
• A dispatch position can be configured to automatically mute the other dispatch audio on a shared resource to prevent acoustic feedback when a co-located dispatch position transmits. • RF Cross Mute automatically mutes the receive audio from a specified channel when the dispatcher transmits on another specified channel to prevent acoustic feedback.
1.4.3 Radio Patch Control
The dispatcher can patch communication between conventional radios that are normally unable to communicate with each other due to different features, programming, or even different frequency bands. A patch group is a group of linked resources that can both receive messages from a console and transmit to all other members of the patch group.
Setting up a Standard Patch
Patches are supported between conventional resources. After the patch is created, the dispatch position transmits all audio on one resource to all other resources in the patch group. Patches are automatically reestablished, if interrupted, so the dispatcher can concentrate on continuing operations.
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Predefined Patches
June 13, 2023
Patches can be predefined and automatically reinitiated each time a dispatch position computer is restarted (Patch Auto-Start).
1.4.4 Call Management and Control
The dispatcher can use the following functionality to manage and control audio for different types of calls between the dispatch position and radio users or other dispatchers.
Standard Call Indications
The dispatch position indicates the availability of any given resource, regardless of whether the resource is involved in a transmission. An inbound call indication provides the dispatcher with a visual cue of audio activity on a radio resource and allows a dispatcher to see at a glance what the status of a resource is at any moment.
1.5 PROTECTING CONSOLES AND COMMUNICATIONS
The proposed MCC 7500E configuration enables end-to-end encryption from the dispatcher to the ASTRO 25 network, so that the Irwindale PD communications will not be undermined by unencrypted transmissions. Each dispatcher is able to fully participate in secure communications while being confident that sensitive, vital information is not heard by unauthorized individuals.
1.5.1 Secure Access to the Console
To use the dispatch position, a dispatcher must enter a valid radio system user account name and password. The dispatch position validates that information with the radio system's network manager and allows the dispatcher to access only the resources for which the user has access rights. This also applies to third-party applications that use the dispatch console's API.
1.5.2 Secure Communications at the Console
The proposed console has the ability to encrypt and decrypt radio voice messages. Radio voice messages are encrypted from end-to- end between the radio user to the dispatch position. If configured to do so and the consoles are loaded with the appropriate keys, the dispatcher can choose whether to encrypt their transmissions on a particular resource.
1.6 DISPATCH CONSOLE SOLUTION COMPONENTS
The proposed components are connected together and to the ICI System Core on an IP network through console site routers and switches. The dispatch console connects directly to the radio system's IP transport network without gateways or interface boxes. Audio processing, encryption, and switching intelligence for dispatch are performed within each software- based dispatch position without additional centralized electronics. Since the network is IP-based, the system interfaces and components can be distributed physically throughout the network. Some of the available console components are identified below.
Solution Description 0 MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
1.6.1 MCC7500E CONSOLE OPERA TOR POSITION
June 13, 2023
The dispatch position supports commercially available accessories, including a USB microphone, USB headset, and USB footswitch, as shown in the figure titled "MCC 7500E Dispatch Position." The following list describes the components included in the proposed configuration.
THE MCC 7500E DISPATCH CONSOLE
• Oosktop
Microphone Hoadsat Jack
Computer
Display
Desktop
Speaker ---
..... -..
Figure 1-4 MCC7500E Dispatch Position
CommandCentral Hub
• External Telephone ----system
External Paging
Encoder
Instant Recall
Recorder
.__ __ Local Logging
Recorder
The CommandCentral Hub allows you to easily connect all your audio and computer peripherals, better manage the flow of critical voice streams and information and be the pipeline of intelligence to those who need it most with the MCC 7500E Voice Dispatch Console. With the CommandCentral Hub, deployment is simple and easy across dispatch centers where space is at a premium.
Computer Display
The dispatch position will require use of a Computer Display. This proposal includes 19" inch Non touch screen.
Desktop Speakers
Two (2) audio speakers have been included with each dispatch position and can be configured to transmit audio from a specific channel. Each speaker is a self-contained unit, with individual volume controls, and can be placed on a desktop or mounted on a rack or computer display.
Headset Jack
The dispatch position supports up to two headset jacks, both push-to-talk (PTT) and non-PTTenabled, for simultaneous use by the dispatcher and a supervisor. The headset jack contains two volume controls for the separate adjustment of received radio and telephone audio.
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Gooseneck Microphone
June 13, 2023
The microphone controls the dispatch position's general transmit and monitor features through two buttons on its base. The microphone can be fastened down or left loose. It can be used alone or in conjunction with a headset.
Footswitch
Each dispatch position includes a dual pedal footswitch that controls general transmit and monitor functions.
Switches 2930F-24 port
The dispatch site equipment includes Redundant 24 port LAN switches. The switches are connected via Ethernet trunks. They aggregate all the Ethernet interfaces for all servers, clients, and routers at the core.
Routers SRX345
The site routers (SRX345) include a generic operating system as well as an internal -48 Volt DC power supply. The routers connect to the Master site via Ethernet.
Backhaul Connections
The redundant Backhaul connections increase MCC 7500E console availability by protecting against the loss of multiple dispatch positions. In the event of a LAN switch failure, the system will automatically detect and switchover with no manual intervention required. Dispatching operations will not be interrupted. The dual site switches and dual site routers wi ll be connected to the customer provided dual Ethernet links back to the ICI System Core. It is the responsibility of the Irwindale PD to provide redundant backhaul links between the PD and the ICI Master and DSR.
DSC 8000 CONVENTIONAL SITE CONTROLLER
The DSC 8000 Site Conventional Controller provides mission-critical call processing and mobility management throughout the ASTRO 25 conventional system. The DSC 8000 interfaces through the Ethernet LAN switch, providing access to the packet switched network through the Core Gateway. The DSC 8000 can support the full set of dispatch consoles, archiving interface servers, and conventional gateways.
1.6.2 SPARES
No Equipment spares have been included in this quote.
1.7 BACKHAUL DESIGN
Motorola Solutions is proposing MPLS WAN Backhaul Network using the Juniper ACX7024 Routers.
These routers would be deployed at the Irwindale Police Department to transport ASTRO network to and from ICl's Primary and DSR Master Sites.
ACX7024, from the ACX7000 line, is an industrial-rated (I-temp), compact, fixed, 1 U (24cm) deep, high-performance multiservice router. Next-generation silicon delivers 360 Gbps of throughput, a comprehensive feature set, and the scale needed to support the performance and bandwidth requirements of today and tomorrow. ACX7024 fixed ports include 24 multi-rate (SFP28) ports, each Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
configurable as 1 GbE, 1 OGbE, and 25GbE, enabling operators to perform today's most common upgrades on a port-by-port basis. An additional 4 fixed (QSFP-28) 1 OOGbE uplinks are available to support scale.
The ACX7024 incorporates 6 integrated fans (5+1 redundancy) for front-to-back and side-to-side (with baffle) airflow. It comes with 2x field replaceable AC (as included in this proposal to Irwindale PD) or DC power supplies (1 +1 redundancy). Cost-effective and efficient thermal design enables unrestricted high-power 1 OOGbE ZR transceiver use across all supporting ports. It supports next-generation protocols, including segment routing, SRv6, MPLS, and Ethernet VPN (EVPN)-Virtual Extensible LAN (VXLAN), and any overlay, underlay, or service. It delivers service-assured network slicing, network intelligence, and juniper Paragon Automation for network efficiency and operational simplicity.
Figure 1-3: Juniper ACX7024 Chassis
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1.7.1 Juniper Core+ Support Contract
This quote includes 5 years of Juniper Core+ support for the two (2) proposed Juniper ACX7024 MPLS routers.
Service Description
Juniper Care combines traditional 24x7 remote technical support, hardware replacement services, and online support. More than a simple break-fix service, Juniper Care helps you meet network demands with technical and operational support designed to keep your network running reliably, while at the same time protecting your high-performance networking investment.
JTAC Access
With Juniper Networks Technical Assistance Center (JT AC) support, you have unlimited 24x7 access to JTAC engineers by phone and online. As a single point of contact for all of your support needs, Juniper Care Services Datasheet 2 JTAC engineers have extensive experience supporting large-scale networks. JTAC engineers can help you diagnose system problems, configure, troubleshoot, and provide work-around solutions. To ensure that JTAC responds as quickly as possible, automatic escalation alerts to senior management are triggered on all priority issues.
Software Re/eases
Juniper Networks provides you with access to all new software releases as soon as they are made available for general release.
Juniper Support Portal Online Support
Solution Description 0 MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
The Juniper Support Portal (JSP) provides you with self-service access to Juniper's award winning on line portal for the information, answers, tools, and service options required to ensure the support of your network investment. Features within the JSP include, but are not limited to, software downloads, technical alerts and bulletins, RMA requests, and the Juniper Networks Knowledge Base. The Juniper Support Portal (JSP) is a self-service customer support portal designed to be the primary tool for Juniper's Customer Service organization. The portal, powered by big-data infrastructure, ensures that the data is accurate and available. It provides up-to- date support information via a user interface Return-to-Factory
Juniper Networks will replace or repair the FRU identified in the Juniper-issued RMA and ship the replacement or repaired FRU, as applicable, to the Ship-to Address within 10 business days after Juniper's receipt of the defective FRU at the specified RMA return location. The repaired or replacement FRU may be shipped from a Juniper regional distribution center.
1.7.2 Ethernet Site Link Service Level Agreement and Test Before installing the new MCC 7500E dispatch positions, Motorola will test the Irwindale PD provided Ethernet Site Links utilizing the ITU-T Y.1564 testing method to ensure proper operation based on ASTRO design specifications.
If the Y.1564 test does not pass over the Irwindale PD provided Ethernet Site Links, Motorola will provide the Service Level Agreement specifications and resulting test report to the Irwindale PD.
Since Motorola does not manage Irwindale PD's leased Ethernet/Fiber/Microwave, Irwindale will lead the resolution of failed ethernet site links for Motorola to re-test. Up to one ITU-T Y.1564 re-test is included in this proposal.
While the actual Ethernet Site Link Service Level Agreement specifications depend on Irwindale PD fleetmap and number of trunking and conventional resources, the backhaul is expected to support the following parameters between ICI and Irwindale PD Dispatch Site. • Support end-to-end Layer 3 Quality of Service, using a minimum of 2 QoS levels. • At least 3Mbps Committed Information Rate (CIR) or bandwidth • Less than 40ms of end-to-end latency
• Less than 20ms of end-to-end jitter
• Less than 0.01 % of packet loss
Motorola can be contracted by Irwindale PD to help troubleshoot, root cause, and rectify the Irwindale PD provided Ethernet Site Links to meet ASTRO link specifications in a separate proposal or Change Order.
1.8 DESIGN EXCLUSIONS
• A Logging recorder has not been included. Irwindale PD's existing analog logging recorder will be connected to the logging ports on the CCGW to record audio. Irwindale PD is responsible for providing a demarcation inside the Irwindale PD Equipment room to facilitate this connection.
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
• Consolettes have not been included in this proposal. Irwindale PD's three (3) Existing APX consolettes will be used (2 for backup and 1 for logging) • No Backhaul links have been included in this quote. Backhaul connectivity between Irwindale PD and the ICI master site as per the provided specifications are the responsibility of Irwindale PD.
• No UPS backup has been included in this proposal. It is the responsibility of Irwindale PD to provide a backup generator for the facility and provide UPS backup for the racked equipment as well as the individual dispatch positions.
• No Furniture for the dispatch operators.
• No Subscriber radios.
• No RF Distribution or Antenna systems.
Solution Description G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 2
Statement of Work
June 13, 2023
The document delineates the general responsibilities between Motorola and Irwindale PD as agreed to by contract.
Execute contract and distribute contract documents. x x Furnish a performance bond in the full amount of the contract x price as security for the faithful performance of Motorola Solutions' contractual obligations.
Purchase the required performance bond. x
Assign a Project Manager as a single point of contact. x x Assign resources. x x
Schedule project kickoff meeting. x x
Deliverable: Signed contract, defined project team, and scheduled project kickoff meeting.
Project Administration
Ensure that project team members attend all meetings relevant to their role on the project.
Set up the project in the Motorola Solutions information system.
Record and distribute project status meeting minutes.
Maintain responsibility for third-party services contracted by Motorola Solutions.
Complete assigned project tasks according to the project schedule.
Submit project milestone completion documents.
Upon completion of tasks, approve project milestone
completion documents.
Conduct all project work Monday thru Friday, 7:30 a.m. to 5:00 p.m.). Consolidation of existing Consolette Antenna connectors may be performed after hours in order to minimize the impact of the disruption.
Statement of Work
x
x
x
x
x
x
x
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
x
x
x
0 MOTOROLA SOLU TIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Deliverable: Completed and approved project milestones throughout the project.
Project Kickoff
Introduce team, review roles, and decision authority. x x Present project scope and objectives. x
Review SOW responsibilities and project schedule. x x
Schedule Design Review. x x
Deliverable: Completed project kickoff and scheduled Design Review.
Design Review
Review the Customer's operational requirements. x x
Present the system design and operational requirements for the x solution.
Present installation plan. x
Present preliminary cutover plan and methods to document x final cutover process.
Present configuration and details of sites required by system x design.
Validate that Customer sites can accommodate proposed x x equipment.
Provide approvals required to add equipment to proposed x existing sites.
Review safety, security, and site access procedures. x
Finalize site acquisition and development plan. x
Present equipment layout plans and system design drawings. x Provide backhaul performance specifications and demarcation x points.
Provide heat load and power requirements for new equipment. x Provide information on existing system interfaces. x
Provide frequency and radio information for each site. x Assume liability and responsibility for providing all information x necessary for complete installation.
Statement of Work 0 MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Assume responsibility for issues outside of Motorola Solutions' control.
Ensure that frequency availability and licensing meet project requirements , and pay licensing and frequency coordination fees .
Review and update design documents, including System
Description, Statement of Work, Project Schedule, and
Acceptance Test Plan, based on Design Review agreements.
Provide minimum acceptable performance specifications for customer provided hardware, software, LAN, WAN and internet connectivity.
Execute Change Order in accordance with all material changes to the Contract resulting from the Design Review.
x
x
x
x
x
Deliverable: Finalized design documentation based upon "frozen" design, along with any relevant Change Order documentation.
SITE PREPARATION AND DEVELOPMENT
. Site Access
Provide site owners/managers with written notice to provide entry to sites identified in the project design documentation.
Maintain access roads in order to provide clear and stable entry to sites. Ensure that sufficient space is available at the site.
Obtain site licensing and permitting, including site
lease/ownership, zoning, permits, regulatory approvals, easements, power, and telco connections.
x
x
x
Deliverable: Access, permitting, and licensing necessary to install system equipment at each site.
Site Planning
Provide necessary buildings, equipment shelters, and towers for installation of system equipment.
Provide the R56 requirements for space, power, grounding, HVAC, and connectivity requirements at each site.
Provide adequate electrical power in proper phase and voltage at sites.
Provide as-built structural and foundation drawings of the structures and site locations, along with geotechnical reports, in order to facilitate a structural analysis.
Perform structural analysis of towers, rooftops, or other structures to confirm that they are capable of supporting proposed and future antenna loads.
Confirm that there is adequate utility service to support the new equipment and ancillary equipment.
Statement of Work
x
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
x
x
x
x
x
CD M O T O ROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Modify towers or other structures, or relocate sites in the system, to ensure that they are capable of supporting proposed and future antenna loads.
Conduct site walks to collect pertinent information (e.g. location of telco, power, structures, etc.)
Ensure that each site meets the R56 standards for space, grounding, power, HVAC, and connectivity requirements.
Prepare and submit Electromagnetic Energy (EME) plans for the site (as licensee) to demonstrate compliance with FCC RF Exposure Guidelines.
Ensure that required rack space is available for installation of the new equipment.
x
Deliverable: Information and permitting requirements completed at each site.
General Facility Improvements
Provide adequate HVAC, grounding, lighting, cable routing, and surge protection based upon Motorola Solutions' Standards and Guidelines for Communication Sites (R56)
Ensure the resolution of environmental and hazardous material issues at each site including, but not limited to, asbestos, structural integrity (tower, rooftop, water tank , etc.), and other building risks.
Ensure that electrical service will accommodate installation of system equipment, including isolation transformers , circuit breakers, surge protectors, and cabling.
Provide obstruction-free area for the cable run between the demarcation point and system equipment.
Provide structure penetrations (wall or roof) for transmission equipment (e.g. antennas, microwave radios, etc.).
Supply interior building cable trays, raceways, conduits, and wire supports.
Pay for usage costs of power and generator fueling, both during the construction and installation effort, and on an ongoing basis.
Transport removed site equipment to a location designated by Customer and within Customer's jurisdiction.
x
Deliverable: Sites meet physical requirements for equipment installation.
SYSTEM INSTALLATION
x
x
x
x
x
x
x
x
x
x
Equipment Order and Manufacturing · . · . ·,. ~.' .. • • • : • • ' o - A \ • '0 .... .., Create equipment order and reconcile to contract. x
Statement of Work G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Manufacture Motorola Solutions-provided equipment necessary for system based on equipment order.
Procure non-Motorola Solutions equipment necessary for the system.
x
x
Deliverable: Equipment procured and ready for shipment.
System Staging
Ship all equipment needed for staging to Motorola Solutions' Customer Center for Solutions Integration (CCSi).
Provide information on existing system interfaces, room layouts, or other information necessary for the assembly to meet field conditions.
Set up and rack the solution equipment on a site-by-site basis, as it will be configured in the field at each of the sites.
Cut and label the cables with to/from information to specify interconnection for field installation and future servicing needs.
Complete the cabling/connecting of the subsystems to each other ("connectorization" of the subsystems).
Assemble required subsystems to assure system functionality.
Power up, load application parameters, program, and test all staged equipment.
Confirm system configuration and software compatibility with the existing system.
Inventory the equipment with serial numbers and installation references.
Review and approve proposed Factory Acceptance Test Plan.
Pay for travel, lodging, meals, and all incidental expenses for Customer personnel and representatives to witness the Factory Acceptance Testing.
x
x
x
x
x
x
x
x
Deliverable: System staged and ready for shipment.
Equipment Shipment and Storage
Provide secure location for solution equipment.
Pack and ship solution equipment to the identified, or site locations.
Receive solution equipment.
Inventory solution equipment.
x
x
Deliverable: Solution equipment received and ready for installation Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
x
x
x
x
x
G MOTOROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer I
r.e~eral ln.stallation . . .· . . : .' . .. . , · ... > ,. : .. :~ Deliver solution equipment to installation location.
Coordinate receipt of and inventory solution equipment with designated contact.
Install all proposed fixed equipment as outlined in the System Description based upon the agreed-upon floor plans,
connecting audio, control, and radio transmission cables to connect equipment to the power panels or receptacles, and audio/control line connection points. Installation performed in accordance with R56 standards and state/local codes.
Relocate the Antenna Connectors from Rack02 to a Ground bus bar and connect to the Consolettes located in Rack 01 via jumper cables as indicated in Section 1, Figure 1-2
Ensure the remaining equipment in Rack02 is powered off I decommissioned and ready for removal.
Remove decommissioned equipment, cables and Rack02 to
provide the space for the proposed equipment rack.
Provide system interconnections that are not specifically outlined in the system design, including dedicated phone circuits , microwave links, or other types of connectivity.
Install and terminate all network cables between site routers and network demarcation points, including microwave, leased lines, and Ethernet.
Ensure that Type 1 and Type 2 AC suppression is installed to protect installed equipment.
Connect installed equipment to the provided ground system.
Label equipment, racks, and cables.
Provide Generator and UPS Backup for the racked equipment and individual Dispatch positions
Perform preliminary audit of installed equipment to ensure compliance with requirements and R56 standards.
Note any required changes to the installation for inclusion in the "as-built" system documentation.
Remove, transport, and dispose of old equipment.
Deliverable: Equipment installed.
Console Installation and Configuration
Identify circuits for connection to console and a demarcation point located within 25 feet of the console interface.
Statement of Work
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Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Page20
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G MOTOROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Connect console to circuit demarcation points.
Install PC workstation w/ keyboard and mouse, and monitor.
Install a Command Central Hub and purchased peripheral
console equipment in accordance with R56 standards and
state/local codes.
Develop templates for console programming.
Perform console programming and configuration.
x
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Deliverable: Console equipment installation completed.
Control Station Installation and Configuration
Connect 2 of the existing APX Consolettes to the dispatch consoles via the provided CCGW to provide Conventional
Fallback
Ensure adequate space, grounding, and power for the control stations.
Ensure the current Antennas and Antenna lines are in working order to provide the desired coverage to the ICI system.
Antennas, RFDS, or Antenna lines are outside of the scope of this quote.
Perform control station programming.
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Deliverable: Existing control station equipment interfaced with the new Dispatch positions.
Logging Equipment Installation and Configuration
Supply logging equipment.
Connect 1 of the existing APX Consolettes via the provided CCGW to the demarc for the customer's existing Analog
Logging Recorder within the equipment room.
Any updates to the existing Analog Logging recorder, if required.
x
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Deliverable: Existing Logging recorder connected to the existing APC Consolette via CCGW.
SYSTEM OPTIMIZATION AND TESTING
:". • - • • 1 • • ' • • • ~·. ' • •• ;: • • - .•.\ ~·.:. ~ - • R56 Site Audit · , '· · : · ·. · . . · · · . · . · · » ·. . .· '. · · ~~ .. ' ,. ' • •" ' t .-, >J. : .. ~. '"'-"~•.\ •• ' __ ' ;_.. ,. ' • ·: - ' :. ", C. • '._ • :·· ;'~, • ·r~• ~~~?:,"""· .. · .. ':.:.,_·~ Perform R56 site-installation quality-audits, verifying proper physical installation and operational configurations.
Create site evaluation report to verify site meets or exceeds requirements, as defined in Motorola Solutions' R56 Standards and Guidelines for Communication Sites.
Statement of Work
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x
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
G MOTOROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Deliverable: R56 Standards and Guidelines for Communication Sites audits completed successfully.
Functional Acceptance Testing
Verify the operational functionality and features of the solution supplied by Motorola Solutions, as contracted.
Witness the functional testing.
Document all issues that arise during the acceptance tests.
If any major task for the system as contractually described fails during the Customer acceptance testing or beneficial use, repeat that particular task after Motorola Solutions determines that corrective action has been taken.
Resolve any minor task failures before Final System
Acceptance.
Document the results of the acceptance tests and present for review.
Review and approve final acceptance test results.
If any major task as contractually described fails, repeat that particular task after Motorola Solutions determines that corrective action has been taken.
Document all issues that arise during the acceptance tests.
Document the results of the acceptance tests and present to the Customer for review.
Resolve any minor task failures before Final System
Acceptance.
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Deliverable: Completion of functional testing and approval by Customer.
PROJECT TRANSITION
Training
Finalize schedule for training coursework.
Provide training facility.
Ensure that the training participants fulfill course prerequisites.
Conduct the training classes outlined in the Training Plan.
Attend proposed training classes.
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Deliverable: Training coursework completed.
Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
x
x
x
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0 M O T O ROL A SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
1 Cutover · . . ·· :-· · . · · · .· · ~Jt··, ' > ', ~: ' • .. • •- .. ~.;.~~·.: ';.. ;.•L : ... -:: .~ t.'1. '.··.· ... :. ~ •' ~ Finalize Cutover Plan.
Conduct cutover meeting with relevant personnel to address both how to mitigate technical and communication problem impacts to the users during cutover and during the general operation of the system.
Notify the personnel affected by the cutover of the date and time planned for cutover.
Provide ongoing communication with users regarding the
project and schedule.
Cut over users and ensure that user radios are operating on system.
Resolve punchlist items, documented during the Acceptance Testing phase, in order to meet all the criteria for final system acceptance.
Assist Motorola Solutions with resolution of identified punchlist items by providing support, such as access to the sites, equipment and system, and approval of the resolved punchlist items.
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Deliverable: Migration to new system completed, and punchlist items resolved.
Transition to Warranty
Review the items necessary for transitioning the project to warranty support and service.
Motorola Solutions to provide services during year 1 warranty which align with the proposed services.
Provide a Customer Support Plan detailing the warranty
support associated with the contract equipment.
Participate in the Transition Service/Project Transition Certificate (PTC) process.
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Deliverable: Service information delivered and approved by Customer Finalize Documentation and System Acceptance
Provide manufacturer's installation material, part list and other related material to Customer upon project completion.
Statement of Work
x
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
x
0 MOTOROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Tasks Motorola Solutions Customer
Provide an electronic as-built system manual on CD or other Customer preferred electronic media. The documentation will include the following:
\ Site Block Diagrams.
\ Site Floor Plans.
\ Site Equipment Rack Configurations.
\ Antenna Network Drawings for RF Sites (where applicable). \ ATP Test Checklists.
\ Functional Acceptance Test Plan Test Sheets and Results. \ Equipment Inventory List.
\ Console Programming Template (where applicable).
\ Maintenance Manuals (where applicable).
\ Technical Service Manuals (where applicable).
Drawings will be delivered in Adobe PDF format.
Receive and approve documentation.
Execute Final Project Acceptance.
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Deliverable: All required documents are provided and approved. Final Project Acceptance.
Statement of Work G MOTOROL.A SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
2.1 Assumptions
June 13, 2023
Motorola has made several assumptions in preparing this proposal, which are noted below, Motorola will review the listed assumptions with Irwindale PD during the detailed design review, and in the event that addition of scope is required outside of the proposed equipment or services, Motorola may present a change order to Irwindale PD.
• All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56.
• All existing sites or equipment locations will have adequate electrical power in the proper phase and voltage and site grounding to support the requirements of the system described. • Customer is responsible to provide dual Ethernet backhaul connections between the Irwindale PD Console equipment and the ICI system core. Motorola wi ll only provide, install and test MPLS equipment at each access point.
• It is the responsibility of Irwindale PD to provide a UPS to backup the racked equipment as well as UPSs for each individual MCC 7500E position.
• A Generator to provide backup to the equipment room and the dispatch room are the responsibility of Irwindale PD.
• Any site/location upgrades or modifications are the responsibility of the Irwindale PD. • Irwindale PD is responsible for removing the debris (including but not limited to boxes of paper, file cabinets, cables, decommissioned equipment) from equipment room. • Any required system interconnections not specifically outlined here wil l be provided by the Customer. These may include dedicated phone circuits, microwave links or other types of connectivity.
• No coverage guarantee is included in this proposal. Customer has assured Motorola Solutions, Inc. that ICI provides all necessary areas with sufficient coverage. • Motorola is not responsible for interference caused or received by the Motorola provided equipment except for interference that is directly caused by the Motorola provided transmitter(s) to the Motorola provided receiver(s). Should the Customer's system experience interference, Motorola' can be contracted to investigate the source and recommend solutions to mitigate the issue.
• No logging solution is provided as a part of this proposal. A CCGW has been provided to interface one of the customer's existing APX Consolette with the customer's existing Analog Logging Recorder. No IP Logger upgrade is included in this proposal; therefore, there is no AIS included.
• MCC 7500E dispatch positions will be loaded and operated with Motorola certified ELITE software. Any other custom software or special build configuration is not supported. • Auxiliary inpuUoutput device, typically used to monitor and control door and gate access, is not included in this proposal.
• There are no subscribers or subscriber work (upgrades, templates, or programming) included in the scope of this proposal. All subscriber services and AES Encryption Keyloading is the responsibility of Irwindale PD and/or ICI.
Statement of Work G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 3
June 13, 2023
Preliminary Project Schedule
The estimated time for completion of the project is 16 months from Project Kickoff through Final Project Acceptance. This preliminary schedule considers fluid and dynamic extended third party equipment lead times or product shortages outside of Motorola's control. A detailed project schedule will be prepared by the assigned Motorola Solutions Project Manager during Detailed Design Review.
Below is a snapshot of the preliminary project schedule prepared for this proposal. r~ 1. '~ .m. .. Di.ii• • St.art • F ' Olr 1 :'01l Qt~ J 202) Otr.I 201J Otr 1.lON Ctr l 1014 Ott) 2024 ~ lrwind1le PD Oi1p1tch upg1.1de J1ld Mon 5Jtl2l Wed7f1."2.t P1oject lnltl11ion ld Mon 5Jll2J Tue S/2/2J • Project Kick Off ld Tue 5J2/2l Thu5J.tnl • • Projut Pl.1nnlng 2d ThuSt4llJ FriS/5121 • 1Cu1lorMr DHign Review (CORI 2d ThuSl4/2l Fri 515121 • Design Review Condi.le.led 2d Thu 51U2J Fri5fSf2J " Design ReY•w Complttflt Od Fr\SfSf23 Fn515'2l <i"' .. Project Eucution lOO d Mon SJl/2J Frt1112n4 • M.1nufilcturing. Shipping & S11ging 271d Mon Sll/23 Mon61t0t24 .. Equiprnenl Order and M1nulac11uing 277 d Mon Sll/23 Mon 6110f2' Proceu q~nl list Id Mon SN23 Mon5tal23
M.1b ~r on Equipment 1 d Tut 5Jt123 TutSl9123
M.1nufatture Equipmenl (lud Time) 260d Wed Sl10/23 Fri5Jl7f2J.
St~S~lem 10 d Mon5'20l2J. Mon6/ll2A '-, Ship EqlllpMnt to Field Sd Tue61"24 MCfl61 10/24 . "'Systtm lnstallaUon 1'd Tu•6/11124 Fri 6/21J24
Rtettlt and lnvtn!Qfy q~nl 1 d Tiit &.'11124 Tu.6.11112' -~ Y.1564 Unlit Ttttlng 4 d Tue6/11r24 ffl 6114124 MPLS Routtr Conl'lgur.Jition • •d .. Win6117f24 Thu81'20/24 Instill Eqvpment R• ck 3d Wtd6'1212' Ftf 1511U2A •, lnsl:tl Odp<atch Equipmtnt •d Mon6J17124 Thu6120l2.I h rletv.'Of\ Conflg~tlon IOf ORNI posdion Sd Fri8121124 Thu 612712.1 lnmJ ORtil po~bOn Id f11612B/24 Fri8129124
lnstahbOn Complttt Od Fn612&12.1 Fn612!1'24
,, Training 1'd Fri &/1"124 Fri71Sf2' "" MCC 7SOOE [);1p;1tch Tr'11!N'IO •d f.lon711'24 Fn7/S/24 r T~irw-9 Completf'd Od Flil/14124 Frl611412o& • ~4 "'Perform System Acupl.nce Testing 7 d Mon71tf24 Wtd1110J24 Perfonn Syste-m OptrRution ld Mon 711124 We-d7fJ/24 -
•, S)'llem Acceptanc:e Tnt"IJ Conducted ld Fn 7/5/24 Tu. 719124 .
Doc..mtnl S~ltm Acct·pt.Jnce Tes! Res1At1 1 d \'.'td 7110/24 Wtd 7/ 10l24 Sys1emTUl""OACctpUincf' Od l/,'td 7110/2.1 \\'ed7/ 10l24 0 "'Sytttm Cutovtr 2d Thu7111124 Fri1112124 Venfy S)'llem Rud""u 1 d Thu 7/11/'24 Th.17/11/'24 } Cu1cr1111 1 d Fn7112/24 Fri 7112124 " f'roteclClost Id Mon 711Sf24 Wed712'f24
Punch lbt ~lion ld Mon 711S!2A Wf'd7117/'24 -\
Fn:tlla DocumtnlabOn and Otl".-.r As.-B!Nls ld Thu 7118124 Mon7121!24 Comp!t'te Sel'V!Ct TransbOn Mtttng Id Tue 7f2Y2.I Tue7123/2.4 •i Jm. .. Remove Legt cy Equ pment 1 d Wed712.at24 \\'td 7124124 Fftal S)'ltem Accept.ince Od Wed 712"24 Wt<t7124n4
Preliminary Project Schedule G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
Section 4
Acceptance Test Plan
System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features and functions of the installed equipment in order to verify that the solution operates according to its design. A detailed FATP will be developed and finalized during project implementation. A sample of the tests covered in the Acceptance Test Plan are provided below
4.1 4.1.1
4.1.2 ACIM LINKS ON MCC 7100/7500 CONSOLE SITE
Inbound and Outbound Calls Using ACIM
This test will demonstrate the capability to make and receive calls on a radio using an ACIM Conventional Channel.
Emergency Alarm and Call Using ACIM
This test will demonstrate that a radio user using an ACIM conventional channel is able to transmit Emergency Alarms and Calls and that the console displays the ID of the radio. This test will also demonstrate that the radio can connect with the acknowledging console and that audio is transmitted.
4.2 MCC 7100/7500 Trunked Resources
4.2.1 Talkgroup Selection and Call - Secure
4.2.2 The Talkgroup Call is the primary level of organization for communications on a trunked radio system. Dispatchers with Talkgroup Call capability will be able to communicate with other members of the same talkgroup. This provides the effect of an assigned channel down to the talkgroup level. When a Talkgroup Call is initiated from a subscriber unit, the call is indicated on each dispatch operator position that has a channel control resource associated with the unit's channel/talkgroup.
Digital encryption is used so only properly equipped and configured subscribers can monitor the conversation. A "Key" is used to encrypt the transmit audio. Only radios and Consoles with the same "Key" can decrypt the audio and listen to it.
Multi-Select Operation
Multi-Select (Msel) allows the console operator to group a number of channels/talkgroups together such that when the general transmit bar is depressed, all of the multi-selected channels/talkgroups will transmit at the same time with the same information. Multi-Select is one way communication call. If a radio user responds to a Multi-Select call the talkgroup the Acceptance Test Plan G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
4.2.3 4.2.4
4.2.5 4.3
4.3.1 user is affiliated to will be the only one to hear the call. There is no super-group formed, so radio communication is still at the single talkgroup level. Multi-Select is utilized to send an APB to several channels/talkgroups. A Multi-Select has a limit of twenty (20) trunking/conventional resources.
Talkgroup Patch
Talkgroup Patch allows a dispatcher to merge several talkgroups together on one voice channel to participate in a single conversation. This can be used for situations involving two or more talkgroups that need to communicate with each other.
Using the Patch feature, the console operator can talk and listen to all of the selected talkgroups grouped; in addition, the members of the individual talkgroups can also talk or listen to members of other talkgroups. Patched talkgroups can communicate with the console dispatcher and other members of different talkgroups because of the "supergroup" nature of the Patch feature.
NOTE : If "secure" and "clear" resources are patched together, one repeater for each mode may be assigned per site.
PTT Unit ID/Alias Display
Console operator positions contain various resources such as talkgroup, multigroup, Private Call which enables the dispatcher to communicate with the subscriber units. If activity occurs on one of these operator position resources, the unit ID or associated alias of the initiating radio appears at the console resource.
Console Priority
Console Operator Positions have ultimate control of transmitted audio on an assigned voice channel resource. The Console Position has the capability to take control of an assigned voice channel for a talkgroup call so that the operator's audio overrides any subscriber audio. Console priority is a feature that enables dispatchers to gain immediate access to an assigned voice channel so that a central point of audio control exists.
System Reliability Features
Redundant Console Site Link Failure
Communication between the Master Site and a Remote Console Site can take place over dedicated redundant links. The two links between the Master Site and the Remote Console Site operate in a redundant mode. The system will switch to the backup link if the main LAN or WAN link fails.
Note: The Primary Site Router, if functional, will always be the active router. The Secondary Site Router will only take over when the Primary Site Router is malfunctioning.
Acceptance Test Plan G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Acceptance Test Plan
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
June 13, 2023
G MOTOROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 5
Training Plan
5.1 Training Overview
Partnering with Motorola Solutions will enable Irwindale Police Department to build personnel competency and maximize return on investment.
Effective training ensures successful implementation and use of your communications system by all personnel for the life of the system. The training plan furnished to Irwindale Police Department is comprised of targeted coursework developed and delivered by our expert instructors.
This plan, included below, will effectively provide Irwindale Police Department's personnel with a comprehensive understanding of the proposed system and user equipment.
We will collaborate with Irwindale Police Department to tailor a final training plan to enable Irwindale Police Department's organization to operate, configure, and manage the proposed solution effectively and efficiently.
5.2 Motorola Solutions Training
June 13, 2023
Motorola Solutions provides an expanding portfolio of training delivery methods, tools, and courses to support the traini"ng needs of our customers. The figure below shows the elements of our training methodology that qualify us as the leader in the communications training industry.
Figure 5-1: Build the competencies of Irwindale Police Department personnel and maximize your return on investment with Motorola Solutions' expanding portfolio of training delivery methods, tools, and courses.
Training Plan G MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
5.2.1 Training Delivery
Training Methods
June 13, 2023
Motorola Solutions' training experience and expertise enables our customers to gain the training they need to use during critical times in a variety of methods. As shown in the figure below, we offer three interactive methods of training: Online Self-Paced, Virtual Instructor-Led, and Instructor-Led.
Online Self-Paced Training (OLT)
Allows you to gain foundational knowledge
on a variety of topics using your own
computer, at your own schedule.
Virtual Instructor l ed Training (VILT)
Offers scheduled instructor-led courses in
an on-line virtual environment.
Instructor led Training (ILT)
Performed at one of the Motorola Technical
Training Centers, or On-site at your location
using your operational equipment.
Figure 5-2: Motorola Solutions offers a variety of interactive training methods that cater to different learning techniques, allowing more effective ways to give personnel the skills they need.
These training approaches ensure our customers receive the understanding they need for the practical aspects of their jobs.
Delivery Options
Field
Field class delivery is "tailored" to the customer's specific system. We are providing classes which are not offered as standard "Open Resident" classes at our training facilities. The students benefit from working on their own systems, at their home location and within their schedules.
Motorola Facility
Resident classes are open to all Motorola customers, seating is based on availability, and participant guides and required pre-work when applicable are included in the tuition. These courses are comprehensive and are not tailored to any one customer's system. Students benefit from other students' experiences and are allowed to take systems out of service. These courses provide optimal "hands-on" training.
Training Plan 0 MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Motorola Facility Closed Sessions-Customer Specific
June 13, 2023
Special Resident classes are closed sessions for a particular Motorola Solutions customer.
The customer is essentially renting the classroom. These courses are tailored to the customer's system as much as possible. The instructor will require the customer's system diagrams prior to the class taking place. The students will receive their ASTRO 25 IV&D manuals on CD-ROM and hard copy participant guides. Class manuals, participant guides, and required pre-work are included in the pricing of the class per student. The students are allowed to take systems out of service, which provides optimal "hands-on" training.
Motorola Solutions Instructors
We have approximately 40 instructor resources distributed across North America. These instructors are available to train customers in our Technical Training Center located in Schaumburg, Illinois, while specific training courses are available at our facility in Plantation, Florida. Training can also be delivered directly on-site at customer locations. All instructors undergo an Instructional Skills and Technical Knowledge Program, which is a globally-recognized training and instructor assessment program.
Consultative Services
Motorola Solutions provides consultative services for our customers, which includes personalized training plans and other training-related services. Our dedicated training consultant team works with our customers and Motorola Solutions account teams to identify and meet the training needs of technical, administrative end users, and other audiences.
5.2.2 Training Courses
Motorola Solutions offers a wide range of training courses to help our customers improve their proficiency with our expanding portfolio and get the most from their training system.
Our specialized courses/curriculums are designed for our customers' role. Whether they are an administrator, technician or user, Motorola Solutions makes sure our customers are equipped with foundational and advances skills.
General overviews of product and/or solution training offered are listed below:
Foundational Radio and Networking Training
Foundational Radio and Networking training provides new hires or staff from different skilled backgrounds fundamental knowledge. Some of these courses are online/self-paced while others are instructor led. Some topics include: Radio System Basics, Basic Networking, Communication System Concepts, Networking Essentials and Applied Networking. This allows Motorola Solutions to offer training before installation, during installation and after your solution is operational.
ASTRO 25 Infrastructure Training Courses
ASTRO 25 Infrastructure Training provides participants with a full curriculum that will enable them to maintain/service the new solution, and will give them the skills required to manage and operate the solution to obtain its fullest potential and capabilities.
Training Plan G MOTOROLA SOLUTIONS
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Page3
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
ASTRO 25 Patch Management Training Course
June 13, 2023
ASTRO 25 Patch Management Training provides ASTRO 25 Land Mobile Radio (LMR) system administrators the information needed to access and patch their radio network infrastructure, update antivirus definitions, and review log files.
Console Training Courses
Console Training provides participants with a curriculum that will enable them to obtain a high-level understanding of the system configuration, general console operation, how to perform basic tasks, operating procedures for specific features, and the knowledge and skills necessary to manage and maintain the system.
Mobile and Portable Radio Training Courses
Mobile and Portable Radio Training provides participants with an introduction to the radio, the knowledge and skills necessary to perform basic radio operation, common operational tasks, operating procedures for specific features of the radio, and technical programming and maintenance of radios.
MOTOTRBO Training Courses
MOTOTRBO Training provides participants with a full curriculum that will enable them to maintain/service the new solution, and will give them the skills required to manage and operate the solution to obtain its fullest potential and capabilities.
CallWorks Training Courses
CallWorks Training provides participants with an overview of the components and functionality of the main application, operation, troubleshooting, a high-level understanding of the software, and configuration and maintenance of components of the CallWorks solution.
PremierOne Training Courses
PremierOne Training provides participants with sufficient knowledge of the PremierOne solution and its tools, giving them the skills necessary to operate and maintain the PremierOne solution.
L TE Training Courses
L TE Training provides participants a high-level understanding of the Public Safety L TE system and the network elements that comprise the system. Participants will gain knowledge of L TE architecture, signaling , system administration, and applied networking.
WAVE Training Courses
WAVE Training provides participants with an overview of the WAVE solution. It offers a basic understanding of how WAVE delivers a Radio-over-IP solution; describes features, hardware, and software requirements; how to use applications; and provides instruction in designing, integrating, and troubleshooting the WAVE solution.
Training Plan "' MOTOROL A SOLUTIONS
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Motorola Solutions
Page4
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
5.2.3 Training Tools
Training Kits
June 13, 2023
Training kits are essential suitcase equipment, labs and exercises that apply to some of the AST RO, MOTOTRBO, WAVE and L TE solutions. These kits are used in addition to equipment, in order to prevent solution downtime while training is conducted. As part of specific on-site classes, shown in Table 5-1 , kits are included and shipped to our customers to allow students an in-depth, hands-on experience.
Table 5-1: Field Classes Training Kit Availability
Field Classes Training Kit Availability
Networking Essentials Server Virtualization
Applied Systems Networking WAVE Certified Integration Engineer Domain Controller MOTOTRBO TM Systems Applied Networking Tracking and Evaluation
All customer training is tracked and evaluated. The Project Manager and training team tracks and records all courses completed through the implementation of the project. Surveys are given to trainees to evaluate the trainers. Feedback is given and placed on our customer shared website.
End User Training Kit (EUTK)
The End User Training Kit is a knowledge-transfer tool designed to accelerate learning through customizability. Using the EUTK allows trainers to customize user/operator training to match unique button, feature programming, and displays provided in the system and radio codeplug. These tailored materials are developed by Motorola Solutions trainers using training kits that allow customer trainers to modify training materials when radio or console features change. Personnel are taught how to maneuver through and tailor the EUTK screens. The tailored selections are saved to an electronic file that the Motorola Solutions training team provides to the customer.
For a more detailed view of the training Motorola Solutions provides, please see our Product and System Technical Training Course Catalog: https://learning.motorolasolutions.com/catalog/56280enus Training Plan G MOTOROLA S OLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
5.3 Proposed Training Overview for Irwindale Police
Department
In order to achieve the training goals identified by Irwindale Police Department, we propose the following courses.
It is necessary that participants bring their laptop computers for all system administrator and technician classes.
Materials will be delivered electronically via USB drives.
5.3.1 Console Operator and Supervisor Training Plan
Course Title Target Sessions Duration Location Date
Audience
MCC7500e Console Dispatch 1 1 day Los Angeles, Prior to Operator/Adm in Supervisors (8-hour CA cutover
Training Session)
Utilizing the End
User Training Kit
1 training console
Ratio: 2 per console
(Instructor-led)
MCC7500e Console Dispatch 5 2.5 days Los Angeles, Prior to Operator Training Operators (4-hour CA cutover
1 training console Sessions)
Ratio: 2 per console
(Instructor-led)
5.3.2 Course Descriptions for Irwindale Police Department Course descriptions for Irwindale Police Department are included on the following pages.
5.3.2.1 MCC7500 Console Supervisor
This course provides participants with the knowledge and skills to manage and utilize the MCC7500 console administrator functions.
Through facilitation and hands-on activities, the participant learns how to customize the console screens.
After completing this training course, you will be able to:
\ Understand the menu items and tool bar icons.
\ Edit folders, multi-selecUpatch groups, auxiliary input output groups, windows and toolbars.
\ Add/delete folders.
IL T - Instructor-led training
4 hours Operator, plus
4 hours Admin
Participants
2 10
(2 per
Session)
Training Plan G MOTOROLA SOLU T IONS
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Page6
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Dispatch Supervisors and System Administrators
Based on number of Training Consoles available (2 students per Console)
None
\ Introduction
\ Configurations
\ Folders and Resource Setup
\ Customizing Folders
\ Auto Starting the MCC7500 Dispatch Console
\ Editing Preferences
\ Configuring the Toolbar
\ Setting Up Aux IOs
\ Resource Groups
June 13, 2023
5.3.2.2 MCC7500 Console Operator
Training Plan
This course provides participants with an introduction to the dispatch console, its basic operation and tailored job aids which will be available for assistance in operation. Through facilitation and hands-on activities, the user learns how to perform common tasks associated with the console operation .
After completing this training course, you will be able to:
\ Perform basic operational tasks of the dispatch console. \ Utilize the provided job aids to perform specific tasks associated with the console.
\ Understand a high level view of the system configuration. \ Understand a high-level overview of the customer system configuration.
\ Understand general console operation.
\ Understand proper operating procedures for specific customer features.
IL T - Instructor-led training
4 hours
Dispatch Console Operators, Supervisors, System Administrators, and Support Personnel
Based on number of Training Consoles available (2 students per Console)
None
\Overview
\ Communicating with Radios
\ Advanced Signaling Features
\ Resource Groups
\ Working with Configurations
\ Working with Aux IOs
\ Troubleshootin
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0 MOTORO&.A SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 6
June 13, 2023
Equipment List
This section lists the equipment necessary for the proposed solution.
QTY NOMENCLATURE DESCRIPTION
1 1
6 6
1 1
1 1
1 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
Equipment List
TRN7343
DS11011188
DS3750296
DS3750295
SQM01SUM0323
CA03517AC
UA00156AA
Bl949
B1948
UA00652AA
UA00653AA
UA00654AA
UA00655AA
UA00658AA
UA00659AA
UA00660AA
UA00661AA
B1956
CA03553AA
CA03547AA
CA03572AA
l3225A
l3226A
DSTG191B
B1951
CA03412AA
SEVEN AND A HALF FOOT RACK
POU, 120/240 SPLIT PH OR N+l REDUNDANT, 60A MAX PER PHASE,
SIX DEDICAT
BREAKER, 10 AMP, CB UL 489 LISTED FOR AC EDGE II (1101-1188) BREAKER, 5 AMP, CB UL 489 LISTED FOR AC EDGE II (1101-1188)
ASTRO MASTER SITE
ADD: CORE EXPANSION
ADD: MCC7500 CONSOLE LICENSES (QTY 5)
MCC 7500E SOFTWARE DVD
MCC 7500E DISPATCH POSITION LICENSES
ADD: 160 RADIO RESOURCES LICENSE
ADD: BASIC CONSOLE OPERATION
ADD: ASTRO 25 TRUNKING OPERATION
ADD: ADVANCED CONVENTIONAL OPERATION
ADD: SECURE OPERATION
ADD: ADP/AES/ DES-OFB ENCRYPTION
ADD: OTEK OPERATION
ADD: ENHANCED IRR
COMMANDCENTRAL HUB, W/CLIENT PC
ADD: AC LINE CORD, NORTH AMERICA
ADD: BRACKET, MOUNTING 2RU
ADD: CABLE RETENTION BRACKET
CERTIFIED KEYBOARD FOR RSD SERVERS AND WORKSTATIONS
CERTIFIED OPTICAL WHEEL MOUSE FOR RSD SERVERS AND
WORKSTATIONS
TECH GLOBAL EVOLUTION SERIES 191NCH NON TOUCH
MICROPHONE, DESKTOP, USB
ADD: USB CABLE, TYPE C TO TYPE C, 4.5M
G MOTOROLA 501.-.UTI ONS
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QTY NOMENCLATURE DESCRIPTION
4 81952 SPEAKER, DESKTOP, USB
4 CA03405AA ADD: POWER SUPPLY WITH DC CORD
4 CA03406AA ADD: AC LINE CORD, NORTH AMERICA
4 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.SM
4 B1913 MCC SERIES HEADSET JACK
2 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH
2 RLN6098 HOST MODULE BASE W/PTI, 15 FT CBL
2 RMNSlSOA OVER-THE-HEAD, MONAURAL, NOISE-CANCELING HEADSET 2 T8742 MCAFEE FOR WINDOWS CLIENT, A2019.2
1 DSF2BS6AA USB EXTERNAL DVD DRIVE
2 T8806A WINDOWS SUPP TRANS CON FIG, A2020.1/A2021.1
2 DSJACX7024ACSY ACX7024 AC 5 YEAR CORE+ BUNDLE
1 DSJJ NP lOOG DAClM QSFP28 lOOG DAC lM
6 DSJSFPlGET SFP lGE BASE-TTRANSCEIVER, ROUTING
2 DSIGSFPlGELX SFP OPTIC MODULE - lG LX
2 CLN1868 2930F 24-PORT SWITCH
2 CLN1866 FRU: lM DAC CABLE
2 T8492 SITE ROUTER & FIREWALL- AC
2 CA03445AA ADD: MISSION CRITICAL HARDENING
2 CA03448AA ADD: STATEFUL FIREWALL
1 T8810 STANDALONE DSC 8000 CONTROLLER
1 CA03677AA ADD: ASTRO SYSTEM RELEASE 2020.1
1 CA03801AA ADD: DSC 8000 CONVENTIONAL SITE CONTROLLER
1 CA03832AA ADD: NM/DISPATCH CONVENTIONAL SITE
1 UA00787AA ADD: DSC 8000 CONVENTIONAL SITE CONTROLLER SW 1 T8811 DSC AC POWER SUPPLY CHASSIS
1 CA03534AA ADD: DSC AC POWER CABLE - US, 6 FT.
1 CA03800AA ADD: SINGLE POWER SUPPLY FOR DSC
1 SQM01SUM0333 MCG 8000 CONVENTIONAL GATEWAY
1 CA03714AA ADD: AC POWER
4 CA03717AA ADD: ACIM INTERFACE
4 CA03718AA ADD: ANALOG 4WIRE INTERFACE
8 CA03748AA ADD: MDC1200 OVER IP INTERFACE
June 13, 2023
Equipment List G MOTOROLA SOLUTIONS
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Irwindale Police Department
Dispatch Upgrade to MCC 7500E
QTY NOMENCLATURE DESCRIPTION
8 CA03719AA ADD: DIGITAL IP INTERFACE
1 SQM01SUM0333 MCG 8000 CONVENTIONAL GATEWAY
1 CA03714AA ADD: AC POWER
4 CA03718AA ADD: ANALOG 4WIRE INTERFACE
4 CA03748AA ADD: MDC1200 OVER IP INTERFACE
1 B1956 COMMANDCENTRAL HUB, W/CLIENT PC
1 CA03850AA ADD: WINDOWS OS FOR MCC7500E CONSOLE
1 CA03553AA ADD: AC LINE CORD, NORTH AMERICA
1 B1952 SPEAKER, DESKTOP, USB
1 CA03405AA ADD: POWER SUPPLY WITH DC CORD
1 CA03406AA ADD: AC LINE CORD, NORTH AMERICA
1 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.SM
1 B1951 MICROPHONE, DESKTOP, USB
1 CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.SM
1 B1913 MCC SERIES HEADSET JACK
1 DLN8037 FRU: MCG 8000 AC POWER MODULE
1 DLN8039 FRU: MCG 8000 HD ENH CONV GATEWAY MODULE
1 T8492 SITE ROUTER & FIREWALL- AC
1 CA03445AA ADD: MISSION CRITICAL HARDENING
1 CA03448AA ADD: STATEFUL FIREWALL
1 CLN1868 2930F 24-PORT SWITCH
Equipment List
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Motorola Solutions
June 13, 2023
"' MOTOROLA SOLUTIONS
Irwindale Police Department
Dispatch Upgrade to MCC 7500E
Section 7
Pricing Summary
Motorola is pleased to provide the following equipment and services to the Irwindale Police Department. This pricing is valid until August 31 , 2023.
7.1 Equipment and Services Proposed
7.1.1 Solution Pricing
1 Description Price (USO)
MAIN OFFERING:
Equipment
- Two (2) MCC 7500E Console and accessories
- Two (2) Conventional Channel Gateways (CCGW)
- One (1) Conventional Site Controller (CSC)
- Two (2) Site Switches
- Two (2) Site Gateways
-_Two (2) MPLS Routers with 5 years of Core+ support
- No Equipment spares $244,214
Equipment Discount (LA County Contract) -$32,336
Equipment Total $211 ,878
Project Services
- Project Management
- Engineering Support
- Detailed Design Review
- Ordering
- Installation Services
- Programming and Configuration
- Functional Acceptance Testing
- Motorola's Standard 1 Year Warranty $201,805
MAIN OFFERING TOT AL $413,683
Additional Discount -$10,777
Equipment Total (with discount applied) $201 ,101
Services Total $201 ,805
Pre-Tax Project Total $402,906
Estimated Tax on Equipment (10.25%) $20,613
MAIN OFFERING GRAND TOTAL (After discount) $423,519
June 13, 2023
Pricing Summary G MOTOROLA SOLUTIONS
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Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
7.1.2 Maintenance Services
Dispatch Site Equipment
There is no Maintenance Service included in this quote for the proposed dispatch site equipment. At this time, the proposed dispatch equipment will be subject to Motorola's standard 1-year warranty.
The Advanced Services maintenance and SUA pricing shown in the table below is provided for informational purposes only. Motorola will issue Change Order #3 to include the maintenance of the proposed dispatch equipment in the ICI 6-Year Maintenance Agreement. - - -
Contract Year 1 2 3 4
Year: 2024-25 2025-26 2026-27 2027-28
Contract Start
Date: 7/1 /2024 7/1/2025 7/1/2026 7/1/2027
Advanced
Services $7,937 $1 5,316 $15,928 $1 6,565
SUAll $9,727 $9,974 $10,230 $10,497
Total per Year $17,664 $25,290 $26,158 $27,062
Services Total: $96 175
MPLS Equipment
The two (2) MPLS routers included in this proposal are quoted with 5 years of "Core+" support contract.
Juniper's Core+ support includes OS entitlements, remote technical support and hardware replacement (not advanced replacement).
7.2 Payment Terms
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
System Purchase (excluding Subscribers, if applicable):
1. 25% of the Contract Price due upon contract execution (due upon effective date);
2. 60% of the Contract Price due upon shipment of equipment from Staging;
3. 10% of the Contract Price due upon installation of equipment; and
4. 5% of the Contract Price due upon Final Acceptance.
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE Pricing Summary 0 MOTOROLA SOLUTIONS
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Irwindale Police Department
Dispatch Upgrade to MCC 7500E
June 13, 2023
and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan.
Pricing Summary fl MOTOROLA SOLUTIONS
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Dispatch Upgrade to MCC 7500E
Section 8
June 13, 2023
Contractual Documentation
Communications System and Services Agreement
Motorola Solutions, Inc. ("Motorola") and ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows:
Section 1 ATTACHMENTS
1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement.
Exhibit A "Motorola Software License Agreement"
Exhibit B "Payment"
Exhibit C Technical and Implementation Documents
C-1 "System Description" dated C-2
"Pricing Summary & Equipment List" dated _________ _
C-3 "Implementation Statement of Work" dated ______ _
C-4 "Acceptance Test Plan" or "ATP" dated C5 "Performance Schedule" dated ______ _ Exhibit D "System Acceptance Certificate"
1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.
1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.
Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
"Acceptance Tests" means those tests described in the Acceptance Test Plan. "Addendum (Addenda)" is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services.
The terms in the Addendum are applicable only to the specific service or offering described therein. "Administrative User Credentials" means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer's personnel with access to the Administrative User Credentials may be referred to as the Administrative User. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing).
Contractual Documentation 0 MOTOROLA SOLUTIONS
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Dispatch Upgrade to MCC 7500E
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"Confidential Information" means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the 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.
"Contract Price" means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, "Payment" or the pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price. " Deliverables" means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work.
"Derivat ive Proprietary Materials" means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.
"Effective Date" means that date upon which the last Party executes this Agreement. " Equipment" means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. "Feedback" means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. "Force Majeure" means an event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes,. war, riots, or any other similar cause. "Motorola Software" means software that Motorola or its affiliated companies owns. "Non-Motorola Software" means software that a party other than Motorola or its affiliated companies owns. "Open Source Software" (also called "freeware" or "shareware") means software with either freely obtainable source code, license for modification, or permission for free distribution. " Proprietary Materials" means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party.
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"Services" means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW. "Software" (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. "Software License Agreement" means the Motorola Software License Agreement (Exhibit A). "Software Support Policy" ("SwSP") means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola's discretion.
"Solution" means the combination of the System(s) and Services provided by Motorola under this Agreement. "Solution Data" means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services.
"Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents.
"SUA" or "SUA II" means Motorola's Software Upgrade Agreement program. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. "System" means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents.
"System Acceptance" means the Acceptance Tests have been successfully completed. "System Data" means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
"Warranty Period" for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to Contractual Documentation " MOTOROL.A SOLUTIONS
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perform requested changes unless both Parties execute a written change order.
June 13, 2023
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last.
The term and the effective date of recurring Services will be set forth in the applicable Addendum.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms.
The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed.
Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the "Underlying Agreement" for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at https://www.motorolasolutions.com/en us/registration and the shop support telephone number is (800) 814-0601 .
3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding NonMotorola Software. Non-Motorola Software may include Open Source Software.
3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1 ) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable).
To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 SERVICES
4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer's issuance and Motorola's acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for Contractual Documentation CD MOTOROLA SOLUTIONS
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Dispatch Upgrade to MCC 7500E
June 13, 2023
purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.
4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at
https://www.motorolasolutions.com/content/dam/msi/secure/services/software policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.
To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer's purchase order will not affect the applicability of this Agreement. Motorola's proposal may include a cover page entitled "Service Agreement" or "Installation Agreement", as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference
4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola's proposal for such additional services.
4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola's property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.
4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.
4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
4. 7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material Contractual Documentation 0 MOTOROLA SOLUTIONS
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respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.
4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer's obligations are not performed, Motorola's ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.
4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other 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. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.
4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.
4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.
Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 6 CONTRACT PRICE, PAYMENT AND INVOICING
6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is$ . If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum.
6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple Contractual Documentation 0 MOTOROLA SOLUTIONS
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interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36- 1115800.
6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices.
Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.
6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name: ________ _ _ _ ________________________ _
Address: ___________________________________ _
Phone: ____ -:--------------------------------
E-INVOICE. To receive invoices via email:
Customer
Customer Accounts
Account
Payable
Number: __ _
Email:. __ _
Customer CC( optional) Email:-------------------------- The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name: ___________________________________ _
Address: _______________________ ____________ _
The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name: ___ _ ___________ ____________________ _
Address: ___________________________________ _
Phone: ___________________________________ _
Customer may change this information by giving written notice to Motorola.
Section 7 SITES AND SITE CONDITIONS
7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.
7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.l.A. standard RS-222 in effect on the Effective Date.
7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.
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Section 8 TRAINING
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Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work.
Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.
Section 9 SYSTEM ACCEPT ANGE
9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.
9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptanc~ Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
9.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.
9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
Section 10 REPRESENTATIONS AND WARRANTIES
10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications.
10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Equipment.
10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software Contractual Documentation "" MOTO R O LA SOLUTIONS
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License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.
10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.
10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work.
Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, "recommendations"). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.
10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola's liability for the warranty claim. In the event of a valid Services warranty claim, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.
10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.
10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES
FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 11 DELAYS
11 .1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.
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11 .2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates ; and preparing and implementing an alternative implementation plan.
Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute").
12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.
12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) 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 and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.
12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that 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 and will be represented at the mediation by a business executive with authority to settle the Dispute.
12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.
12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of !aches, waiver or estoppel to affect adversely the rights of either Party.
Section 13 DEFAULT AND TERMINATION
13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan.
13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the Contractual Documentation G MOTOROLA SOL UTIONS
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event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.
Section 14 INDEMNIFICATION
14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement.
14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This Section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement.
14.3. PATENT AND COPYRIGHT INFRINGEMENT.
14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a thirdparty claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, 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.
14.3.2 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 Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.
14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's Contractual Documentation G MOTOROLA SOLUTIONS
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revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.
14.3.4. This Section 14 provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.
Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola's total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.
Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS
16.1. CONFIDENTIAL INFORMATION.
16.1.1. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this Agreement. All Deliverables will be deemed to be Motorola's Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) 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; (v) 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 (vi) only use the Confidential Information as needed to fulfill this Agreement.
16.1 .2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser's Confidential Information or any breach of this Agreement.
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16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser's written request, Recipient will return 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 one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
16.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication:
estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.
16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information.
Under no circumstances will Motorola be required to provide any data related to cost and pricing.
16.4 DATA AND FEEDBACK.
16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, "Customer Data"), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.
16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, "Derivative Data").
16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola's receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.
Section 17 GENERAL
17 .1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely Contractual Documentation G MOTOROLA SOLUTIONS
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17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event.
Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.
17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.
17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.
17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
17.7. 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 Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt.
17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters.
17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change.
Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an Contractual Documentation fl\) MOT'OROLA SOLUTIONS
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additional fee. Any required changes may also impact the price for Services.
June 13, 2023
17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.
17.11 . ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System.
Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola's ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.
17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection 10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.
17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall 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, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall 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 or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.
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The Parties hereby enter into this Agreement as of the Effective Date.
Motorola Solutions, Inc. Customer
By: ___________ _ By:------------
Title:------------ Title:-------------
Date: ____________ _ Date: _____________ _
June 13, 2023
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Exhibit A
MOTOROLA SOFTWARE LICENSE AGREEMENT
June 13, 2023
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., ("Motorola"), and ("Licensee").
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.
1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).
1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution.
1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed.
1.5 "Primary Agreement" means the agreement to which this exhibit is attached.
1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.
1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the proprietary software and affiliated documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the Contractual Documentation 0 M O TOROL A SOLUTIONS
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copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).
3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH,
OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN
ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or perm it the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software.
Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, Contractual Documentation G MOTOROLA SOLUTIONS
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trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement.
All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the 'Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.
6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use). whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent.
Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the D~signated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
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8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).
Section 9 Commercial Computer Software
9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of "commercial computer software" and "computer software documentation" as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R.
Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1through227.7202-4, 48 C.F.R.
Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
Section 13 GENERAL
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13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the L.Jnited States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change.
Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.
13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply.
In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
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Exhibit B
PAYMENT
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
System Purchase (excluding Subscribers, if applic able)
1. 25% of the Contract Price due upon contract execution (due upon effective date);
2. 60% of the Contract Price due upon shipment of equipment from Staging;
3. 10% of the Contract Price due upon installation of equipment; and
4. 5% of the Contract Price due upon Final Acceptance.
If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment.
In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determ ined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
Resource Types
Project System System Project
Levels Management Engineering Technologist Administration 4 s 290.00 s 300.00 s 280.00 s 200.00
3 s 240.00 s 250.00 s 240.00 s 1 80.00
2 s 220.00 s 220.00 s 220.00 s 170.00
1 s 190.00 s 210.00 s 210.00 s 160.00
Table 1 - Hourly Rates
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to Spm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
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EXHIBIT D
June 13, 2023
System Acceptance Certificate
Customer Name:--------------------------
Project Name: __________________________ _
This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative: Motorola Representative:
Signature: -------------- Signature: _____________ _
Print Name: ____________ _ Print Name: ____________ _
Title:--------------- Title:--------------- Date: _____________ ~ Date: ______ ________ _ FINAL PROJECT ACCEPTANCE:
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance.
Customer Representative:
Signature: _____________ _
Print Name: ____________ _
Title:--------------- Date: _____________ ~
Contractual Documentation
Motorola Representative:
Signature: _____________ _
Print Name: ------------- Title:
---------------- Date: _____________ ~
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Section 9
Our Commitment
June 13, 2023
Motorola Solutions creates innovative, mission-critical communication solutions and services that help public safety and commercial customers build safer cities and thriving communities. You can find our products at work in a variety of industries including law enforcement, fire, emergency medical services, national government security, utilities, mining, energy, manufacturing, hospitality, retail, transportation and logistics, education, and public services.
Founded in 1928, Motorola Solutions has a history of innovation that has revolutionized communications. From pioneering mobile communications in the 1930s and making equipment that carried the first words from the moon in 1969, to supporting modern-day emergency response equipment for disaster relief efforts around the world, Motorola Solutions has a global footprint with products that demonstrate its thought leadership.
Throughout its history, Motorola Solutions has transformed innovative ideas into products that connect people to each other and the world around them. Moving forward, the company strives to keep its commitment of make things better and life easier, to make sound recommendations that will guide you in linking your current and future communication needs and objectives with technology's ever-evolving promise.
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Motorola Solutions
TERM CONTRACT AW ARD
INTERNAL SERVICES DEPARTMENT
MOTOROLA SOLUTIONS INC
725 S. FIGUEROA ST., STE. 1855
LOS ANGELES CA 90017
RADIO COMMUNICATIONS (MOTOROLA)
LlNE
NO. COMMODITY/SERVICE DESCRIPTION
I COMMODITY CODE: 725-45-00-028600
RADIO COMMUNICATIONS EQUIPMENT
MFG: MOTOROLA
% DISCOUNT: SEE EXHIBIT A 2022-2025
DISCOUNT DATED JULY, I , 2022
2 COMMODITY CODE: 962-86-00-043391
FREIGHT
(SEE PAGE 17 OF EXHIBIT A FOR
FREIGHT/SHIPPING CHARGE DETAILS)
Lo re n a Sand Ova I Digitally signed by Lorena Sandoval Date: 2022.06.06 14:53:58 -07'00'
COUNTY OF LOS ANGELES
CONTRACT NO:
MA-IS-2240228-1
I VERSION DA TE
PROCUREMENT FOLDER: 2371000
BUYER:
PHONE:
EMAIL:
Lorena Sandoval
323-267-2206
[email protected]
VENDOR NO: 033256
CONTACT:
PHONE:
FISCAL YEAR:
Jeff Ashton
954-605-3762
EFFECTIVE DATE: 07/01122
EXP£RA TION: 06/30125
QUANTITY UOM PRJCETYPE
0.000 DISCOUNT
0.000 EA ITEM
VALUE
0.0000 %
$ 0.000000
5/24/2022
v r m o R SIGNATURE/DATE
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
2 TERMS & CONDITIONS OF PURCHASE FOR CONTRACT MA-IS-2240228 NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DAT ABASE NUMBERING SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE AGREEMENT NUMBER 2240228 (TERM: 2022 - 2025) WILL HA VE A NEW NUMBER ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 2240228.
ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.*** ****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH RADIOCOMMUNICATIONS AS AN ADDTIONAL FEATURE (1.E DESK
OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.**** CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. NO OTHER
CONDITIONS OR MODIFICATIONS OF THESE TERMS AND CONDITIONS WILL BE
EFFECTIVE UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE COUNTY OF LOS ANGELES (COUNTY). FAILURE OF COUNTY TO OBJECT TO PROVISIONS
CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION
FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION.
I. TERMS OF AGREEMENT:
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT:
A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS. (TO BE DONE IN 12 MONTH INCREMENTS).
B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED AGREEMENT.
C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS.
VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RA TES, TERMS AND CONDITIONS.
ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY, AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION.
2 DELIVERY: DELIVERY SHALL BEAS STATED HEREIN. WHEN USING COMMON
CARRIERS, COUNTY RESERVES THE RIGHT TO DESIGNATE THE TRANSPORTATION CARRIER. FAILURE ON THE PART OF VENDOR TO ADHERE TO SHIPPING TERMS
SPECIFIED HEREON OR WRITTEN AGREEMENT MAY, AT COUNTY'S DISCRETION,
RESULT IN ADDITIONAL HANDLING COSTS BEING DEDUCTED FROM VENDOR'S INVOICE. COST OF INSPECTION ON DELIVERIES OR OFFERS FOR DELIVERY WHICH DO NOT MEET SPECIFICATIONS WILL BE FOR THE ACCOUNT OF VENDOR.
UNLESS OTHERWISE SET FORTH HEREIN, ALL ITEMS SHALL BE SUITABLE PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING DOCUMENTS AND CONTAINERS.
3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF.
INVOICES MUST STATE THAT THEY COVER, AS THE CASE MAY BE, COMPLETE OR PARTIAL DELIVERY, AND MUST SHOW UNITS AND UNIT PRICES.
INVOICES WILL NOT BE PAID UNLESS AND UNTIL THE REQUIREMENTS HA VE BEEN FULLY MET. WHEN PRICE SHOWN IS A DELIVERED PRICE, ALL
TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO DESTINATION.
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
3 4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE
EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN
BUSINESS AS A SELLER (IF A CA COMP ANY) OR ITS RETAILER'S CERTIFICATE OF REGISTRATION - USE TAX (IF NOT CA COMP ANY). WITHOUT ONE OF THESE NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR. 5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S
RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 2240228 IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES
SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR CONTRACT (WHICHEVER IS GREATER).
6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER.
THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S ACCEPTANCE OF THE ITEM OR SER VICE. VENDOR WARRANTS THAT THE ITEMS
MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION
OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR ADMINISTRATIVE BODY.
DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL
ALL OR PART OF A PURCHASE ORDER AT NO COST AND FOR ANY REASON BY GIVING WRITTEN NOTICE TO VENDOR AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT EXCEEDING ONE PERCENT (I%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE
ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY (30) CALENDAR DAYS PRIOR WRITTEN NOTICE.
8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES
WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF ALIENS AND OTHERS.
8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT.
9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL
FEDERAL, ST A TE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS CONCERNING HAZARDOUS MA TERlALS AND TOXIC SUBSTANCES.
I 0 COVENANT AGAINST GRATUITIES: VENDOR WARRANTS THAT NO GRATUITIES (IN THE FORM\OF ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR
GIVEN BY VENDOR, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY
OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOW ARD SECURING A
PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY DETERMINATION CONCERNING THE PERFORMANCE OF THE PURCHASE ORDER.
IN THE EVENT OF BREACH OF THIS WARRANTY, COUNTY SHALL BE ENTITLED
TO PURSUE THE SAME REMEDIES INCLUDING, BUT NOT LIMITED TO,
TERMINATION, AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF VENDOR'S DEFAULT.
11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH
COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AW ARD OF A
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
4 PURCHASE ORDER OR ANY COMPETfNG AGREEMENT, AND NO SPOUSE OR
ECONOMIC DEPENDENT OF SUCH EMPLOYEE, SHALL BE EMPLOYED IN ANY CAPACITY BY VENDOR, OR HA VE ANY OTHER DIRECT OR fNDIRECT FINANCIAL fNTEREST fN THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR,
WHO MAY FINANCIALLY BENEFIT FROM THE A WARD OF A PURCHASE ORDER SHALL IN ANY WAY PARTICIPATE fN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN
ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S AP PROV AL OR ONGOING EVALUATION.
I lA--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS,
ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED DURfNG THE TERM OF THE PURCHASE ORDER. VENDOR WARRANTS THAT IT IS NOT A WARE OF ANY FACTS WHICH CREATE A CONFLICT OF INTEREST. IF
VENDOR HEREAFTER BECOMES AW ARE OF ANY FACTS WHICH MIGHT REASONABLY BE EXPECTED TO CREATE A CONFLICT OF fNTEREST, IT SHALL IMMEDIATELY MAKE FULL WRITTEN DISCLOSURE OF SUCH FACTS TO COUNTY. FULL WRITTEN DISCLOSURE SHALL fNCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF
ALL PERSONS IMPLICATED AND A COMPLETE DESCRIPTION OF ALL RELEVANT CIRCUMSTANCES.
12 GOVERNfNG LAW AND VENUE: THIS PURCHASE ORDER SHALL BE GOVERNED BY AND CONSTRUED fN ACCORDANCE WITH THE LAWS OF THE ST ATE OF CALIFORNIA. VENDOR AGREES AND CONSENTS TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR ALL PURPOSES REGARDfNG THIS PURCHASE ORDER, AND FURTHER AGREES AND
CONSENTS THAT VENUE OF ANY ACTION HEREUNDER SHALL BE EXCLUSIVELY fN THE COUNTY OF LOS ANGELES, CALIFORNIA.
13 INDEMNIFICATION: VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARM LESS
COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL LIABILITY, EXPENSE, INCLUDING DEFENSE COSTS AND LEGAL FEES, AND
CLAIMS FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM OR CONNECTED
WITH ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR AS SOCIA TED WITH VENDOR'S
NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED HEREUNDER.
IF AN fNFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE PROCURE FOR COUNTY THE RIGHT TO CONTfNUE USING THE EQUIPMENT, REPLACE OR MODIFY IT SO THAT IT BECOMES NON-fNFRINGfNG WHILE PROVIDING
FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN.
THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY ACCEPTED ACCOUNTING ST AND ARDS FOR SUCH EQUIPMENT AND SOFTWARE.
VENDOR WILL HA VE NO DUTY TO DEFEND OR fNDEMNIFY FOR ANY INFRINGEMENT CLAlM THAT IS BASED UPON (I) THE COMBfNATION OF THE EQUIPMENT OR
VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE
NOT FURNISHED BY MOTOROLA AND THAT IS A TT ACHED TO OR USED IN CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY
COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOfNG STATES
THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS
AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS THEREOF.
THIS fNDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY
REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE. 14 LIABILITY INSURANCE:
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228- 1
THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH
LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU,
REPLACEMENT IS TO BE MADE BY SUPPLIER WITH TN TIME QUOTED FOR ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED
SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF
NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE
EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE COUNTY.
THIS LIMIT A TI ON OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR
DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRJCT LIABILITY IN TORT, INDEMNfFICATION, OR
OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER
LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES IN ANYWAY RELATED TO OR ARISING FROM THIS
AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS
LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE
RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE BROUGHT WITHTN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW.
I 5 TNSURANCE COVERAGE REQUIREMENTS;
GENERAL LIABlLILTY: INSURANCE (WRJTTEN ON ISO POLICY FORM CG 00 0 1 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
GENERAL AGGREGATE: $5 MILLION
PERSONAL AND ADVERTISING INJURY: $1 MILLION
EACH OCCURENCE: $5 MILLION
I6 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE
PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE
LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES
WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE
AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE.
IN ALL CASES, THE ABOVE TNSURANCE ALSO SHALL TNCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
EACH ACCIDENT: $1 MILLION
DISEASE- POLICY LIMIT: $I MILLION
DISEASE- EACH EMPLOYEE: $I MILLION
I 7 TNDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR LOS ANGELES COUNTY SERVICE AGREEMENTS
TNDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS,
EMPLOYEES, AND AGENTS FROM AND AGATNST ANY AND ALL LIABILITY,
INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS,
AND EXPENSES (TNCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING
FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING FROM AND/OR RELATING TO THIS AGREEMENT.
I Page
5 SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
6 GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S
INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT,
CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS
SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO
ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS
MAJNTAJNED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINT A.INED BY CONTRACTOR'S OWN EXPENSE.
CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED
ENDORSEMENT
FOR COMPLETED OPERATIONS.
EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE
SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT.
THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS SATISFACTORY EVIDENCE OF INSURANCE.
THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT.
CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:
ATTN:
LORENA SANDOVAL
MA-IS-2240228
COUNTY OF LOS ANGELES - ISD
IIOONORTHEASTERNAVENUE RM#GllS
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(I) SPECIFICALLY IDENTIFY THIS AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED JN THIS AGREEMENT. (3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN
WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF
CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE.
(4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE
COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING TI-IE COUNTY OF LOS ANGELES
ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS
ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE
PROVISIONS OF THE
BLANKET ADDITIONAL INSURED ENDORSEMENT.
(5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS
SUFFICIENT TO
COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO
CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE OF THE
KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT.
18 JN SURER FINANCIAL RA TINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING
OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY.
FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE
REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE
ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE
CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
7 AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH.
NOTIFICATION OF INCIDENTS, CLAIMS OR SU1TS: CONTRACTOR SHALL REPORT TO COUNTY:
(1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER
THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY
RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE.
(2) ANY THIRD PARTY CLAIM OR LA WSUlT FILED AGAINST CONTRACTOR
ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT.
(3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER.
(4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY
KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT.
COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO
COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF
THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO
COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY.
INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORM1NG SERVICES UNDER
THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY EITHER:
(I) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE
ACTIVITIES OF SUB-CONTRACTORS, OR
(2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS
EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME.
19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE
DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY.
SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE
DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND
VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES.
20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR
IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT
AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND
THE APPLICATION OF SUCH PROVISIONS TO THE OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY. THE RIGHTS AND
REMEDIES PROVIDED HEREIN SHALL NOT BE EXCLUSIVE AND ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY. 20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER CONTRACT 2240228, CONTRACTOR CERTIFIES AND AGREES THAT ALL PERSONS
EMPLOYED BY IT, ITS AFFILIATES, SUBSIDIARIES, OR HOLDING COMPANIES ARE
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
8 AND WILL BE TREATED EQUALLY BY IT WITHOUT REGARD TO OR BECAUSE OF
RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX AND IN
COMPLIANCE WITH ALL ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF AMERICA AND THE ST A TE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES
THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS WITHOUT
REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX. VENDOR SHALL ALLOW THE COUNTY ACCESS TO ITS
EMPLOYMENT RECORDS DURING THE REGULAR BUSINESS HOURS TO VERIFY COMPLIANCE WITH THESE PROVISIONS WHEN SO REQUESTED BY THE COUNTY.
IF THE COUNTY FINDS THAT ANY OF THE ABOVE PROVISIONS HA VE BEEN
VIOLATED, THE SAME SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT 40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT.
THE PARTIES AGREE THAT IN THE EVENT THE VENDOR VIOLATES THE
ANTI-DISCRIMINATION PROVISIONS OF THE PURCHASE ORDER, THE COUNTY
SHALL, AT ITS OPTION AND IN LIEU OF TERMINATION OR SUSPENDING THIS
PURCHASE ORDER AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES, PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS. 2 1 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL
APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND
REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS,
OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY,
COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES RESULTING FROM FAILURE OF COMPLIANCE.
22 FORCE MAJURE: NEITHER PARTY WILL BE LIABLE FOR DELAYS IN
PERFORMANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT
LIMITED TO, FIRE, FLOOD, ACT OF GOD OR RESTRICTION OF CIVIL OR MILITARY AUTHORITY.
23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR
DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S
PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION
WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL
CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH COUNTY MAY IM MEDIATELY TERMINATE THE PURCHASE OR.DER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT.
COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD. 24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS
ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON.
COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT.
25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR. 26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED 27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR
MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR COVENANT OF THIS PURCHASE OR.DER OR TO EXERCISE ANY RIGHT HEREUNDER
SHALL NOT BE CONSTRUED AS AW AIYER OF THE FUTURE PERFORMANCE OF ANY
SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO
WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER. 28 ACCEPTANCE: UNLESS EXPLICITLY STATED BY COUNTY AS OTHERWISE,
COUNTY, MAY CONDUCT, AT ITS LOCATION OR ANY OTHER COUNTY DESIGNATED
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
9 LOCATION AND AT ITS EXPENSE, AN INCOMING ACCEPTANCE TEST ON ALL ITEMS PURCHASED HEREUNDER. THE ACCEPTANCE TEST PERJOD SHALL NOT EXCEED THIRTY (30) DAYS FROM RECEIPT OF SUCH ITEM(S) BY COUNTY. COUNTY MAY,
AT ITS SOLE DISCRETION, REJECT ALL OR ANY PART OF ITEMS OR SERVICES
NOT CONFORMING TO THE REQUIREMENTS/SPECIFICATIONS STATED IN A PURCHASE ORDER.
29 SPARE PARTS: VENDOR SHALL MAKE SPARE PARTS AVAILABLE TO COUNTY FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY OF THE ITEMS TO COUNTY. IF VENDOR IS UNABLE TO SO PROVIDE SPARE PARTS,
IT SHALL PROVIDE COUNTY WITH THE NAME(S) OF VENDOR'S SUPPLIERS SO
THAT COUNTY MAY ATTEMPT TO PROCURE SUCH UNAVAILABILITY, VENDOR
SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN OBTAINING SPARE PARTS.
30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT AND ANY ATTACHMENTS HERETO, CONSTITUTES THE COMPLETE AND EXCLUSrYE
ST A TEMENT OF THE PARTIES WHICH SUPERSEDES ALL PREVIOUS AGREEMENTS,
WRITTEN OR ORAL, AND ALL COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MA TIER HEREOF. THIS PURCHASE ORDER SHALL
NOT BE MODIFIED, SUPPLEMENTED, QUALIFI ED OR INTERPRETED BY ANY
PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ANY USAGE OF TRADE. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH
JN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER DESIGNEE.
30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE
ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND
IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT, PURCHASE ORDER AND HEREIN.
3 1 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS
NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE
RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND
AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER. 32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE FACE HEREOF.
32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE:
VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND
CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE.
33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.0 I 0,
RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART
OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY
VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL
CONSTITUTE A MA TERJAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT UPON WHICH COUNTY MAY IMMED!A TELY TERMINATE OR SUSPEND THE PURCHASE ORDER AND/OR AGREEMENT.
33A---CONSIDERATION OF HIRJNG GAIN PROGRAM PARTICIPANTS: SHOULD THE
VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION
FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF
THE PUBLIC SOCIAL SERVICES GREATER A VENUE FOR INDEPENDENCE (GAIN)
PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
10 POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN PARTICIPANTS BY JOB CATEGORY TO VENDOR.
34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN
NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO
PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CON SID ERA TION IN ANY
FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN
INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE
INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT
WITH RESPECT TO THE AW ARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT
OR THE MAKJNG OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR'S PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH
TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR.
CONTRACTOR SHALL IMMEDIATELY REPORT ANY ATTEMPT BY A COUNTY OFFICER OR EMPLOYEE TO SOLICIT SUCH IMPROPER CONSIDERATION. THE REPORT SHALL BE
MADE EITHER TO THE COUNTY MANAGER CHARGED WITH THE SUPERVISION OF THE
EMPLOYEE OR TO THE COUNTY AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE AT 213.974.0914 OR 800.544.686I. IMPROPER CONSIDERATION MAY TAKE THE
FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION
OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE PROMISE OF ANY OF THESE.
35 PARTICIPATING PUBLIC AGENCIES
COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL
DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION,
AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE
PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS
AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING ORDINANCES AND THE LAWS OF THE ST ATE OF PURCHASE.
THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER, REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER.
PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES
AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A
PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PROCURJNG PARTY.
THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY
ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE
THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE
OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY.
THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY
MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT.
EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-2240228 AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY
ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE
PROVISIONS OF THIS MPA (EXCEPT FOR PRJCING, DELIVERY, PASSAGE OF TITLE AND
RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS)
WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT
SPECIAL TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I
WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE. 36 FREIGHT/SHIPPING CHARGES:
I) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE. 2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PR1CE QUOTE.
3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY SHALL BE AT COUNTY EXPENSE.
37 PRICING AS PER A TT ACHED:
I. EXHIBIT A _ 2022-2025 DA TED JULY, I, 2022
38 WARRANTY OF COMPLIANCE WITH COUNTYS DEF AUL TED PROPERTY TAX REDUCTION PROGRAM
CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL
INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH
CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND
UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON COUNTY AND ITS TAXPAYERS.
UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS
AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND
DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES COUNTY CODE CHAPTER 2.206.
39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS
DEF AUL TED PROPERTY TAX REDUCTION PROGRAM
FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUlREMENTS SET FORTH IN PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT
LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF
NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206.
Page
11 STANDARD TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228- 1 I Page
12 The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and Jaws of this state and are to be so construed.
PRICE GUARANTEE: Unless otherwise provided herein, p1ices are maximum for the period of this agreement. In the event of a price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at p1ices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles.
ATTENTION: VENDOR/DEPARTMENT- SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation.
Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.
Vendor will incur payment problems.
County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and pe1formance standards.
Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/co1Tective action measures taken by the County and Contractor. If improvement does not occur consistent with the co1Tective action measures, County may te1minate this agreement or impose other penaltiesas specified in this agreement.
CONTRACTOR RESPONSIBILITY AND DEBARMENT
I. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors.
2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County.
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: ( 1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a Jack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is, the basis for the proposed deba1ment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board.
5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be deba1Ted, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itselfofthe opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal.
6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board.
7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors.
ST AND ARD TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1
PROHIBITION AGAINST USE OF CHILD LABOR
VENDOR shall:
I Page
13 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment.
2. Upon request by COUNTY, identify the count1y/countries of origin of any products. goods, supplies or other personal property bidder sells or supplies to COUNTY, and
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply.
Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor.
A. Jury Service Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply.
B. Written Employee Jury Service policy.
1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jmy service. This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service.
2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement.
STANDARD TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1 I Page
14 3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program.
4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach.
PRJCE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.
Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent.
ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county.
B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the ptior written consent of County in accordance with applicable provisions of this Agreement.
C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT) I. The County, at its sole discretion, has determined that the most efficient and secure default fotm of payment for goods and/or services provided under an agreement or contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).
2. The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
3. Any provision of law, grant, or funding agreement requiring a specific fotm or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments.
FEDERAL UNIFORM GUIDELINE CLAUSE
By entering into this Contract/Purchase Order, the ContractorNendor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
STANDARD TERMS & CONDITIONS TERM CONTRACT AW ARD
CONTRACT NO: MA-IS-2240228-1
COMPLIANCE WITH COUNTY POLICY OF EQUITY
I Page
15 The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE), (https://ceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inapprop1iate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and ce1tify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.
July 10, 2023
John Fraijo
Captain
Irwindale Police Department
5050 N. Irwindale Avenue
Irwindale, Ca 91706
0 MOTOROLA SOLUTIONS
Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131
Subject: Motorola Solutions -ASTR025 APX RADIO EQUIPMENT Dear Mr. Fraijo:
Motorola Solutions, Inc. ("Motorola") is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Irwindale, CA as a valued customer. The ASTR025 radio subscribers we design and manufacture contain proprietary hardware and software components which are not commercially available except through Motorola and its channel partners.
The Motorola Radio Equipment and Options that will be purchased by City of Irwindale can be used on their existing Motorola ASTRO P25 Trunked System that ICI Member agencies currently operate.These radios will operate on P25 Trunked equipment that has proprietary features operating on Motorola solutions core equipment located at the Glendale Master Site.
Furthermore, authorized warranty, maintenance and support services for Motorola systems and hardware and software products are provided by Motorola and its network of authorizedand trained service providers. Motorola maintains a parts and accessories inventory sufficient to support its warranty, maintenance and support services obligations. These partsand accessories are manufactured either by Motorola or for Motorola subject to Motorola's specifications and other requirements.
If you have any questions regarding our radio equipment, please contact your Account Executive, Denis Redzepagic at (619) 577-3619.
Sincerely,
pt~
Motorola Solutions, Inc.
Mike Bravo
Area Sales Manager
ISi City Council
DSuccessor Agency
0 Housing Authority
0 Reclamation Authority
OJoint Powers Authority
Date: August 23, 2023
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 4
Issue: Amendment No. 3 to the Regional Food Recovery Program Memorandum of Agreement between the City of Irwindale and the San Gabriel Valley Council of Government.
City Manager's Recommendation:
Adopt Resolution No. 2023-61-3439, entitled, "A Resolution of the City Council of the City of Irwindale Approving Amendment No. 3 to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments and the City of Irwindale for Participation in the San Gabriel Valley Regional Food Recovery Program, and Authorizing the City Manager to Execute Amendment No. 3 to the Memorandum of Agreement for the Regional Food Recovery Program as Required by Senate Bill 1383 (Lara) and CalRecycle Regulations."
Administrative Action:
Submitted & Prepared by:
Elizabeth Rodriguez, Public Services Director
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On September 22, 2021, the City Council adopted Resolution No. 2021-78-3290, which approved and authorized the City Manager to enter into a Memorandum of Agreement 01005.0006/911750.1 Page 1
with the San Gabriel Valley Council of Governments for participation in Tasks 1-4 of the San Gabriel Valley Regional Food Recovery Program and appropriated $20,000 from the AB 939 Reserves. Participation in the San Gabriel Valley Regional Food Recovery Program ("Program") is crucial for the City of Irwindale in order to meet compliance regulations set forth under Senate Bill No. 1383 ("SB 1383"), the Short-lived Climate Pollutant Reduction Act of 2016, which focuses on monitoring and regulating the sources of emissions contributing to greenhouse gases. Jurisdictions are not only required to create and implement an Edible Food Recovery Program, they are also required to inspect and enforce Program requirements on businesses to ensure that they are in compliance with and abiding by the Mandatory Organic Waste Recycling and Edible Food Recovery Programs. Furthermore, local jurisdictions may be required by CalRecycle to impose penalties for noncompliance on regulated entities starting January 1, 2024.
On November 10, 2021, the City Council adopted Resolution No. 2021-97-3309, which approved an additional $18,000 appropriations from AB 939 reserves and authorized the City Manager to enter into Amendment No. 1 of the Regional Food Recovery Program Memorandum of Agreement. Amendment No. 1 included Tasks 5-6, which established and implemented an inspection and enforcement program for Tiers 1 and 2 commercial edible food generators under the SB 1383 regulations.
The requirements under SB 1383 Edible Food Recovery Program are cumbersome and costly for jurisdictions. As such, Cal Recycle introduced a non-competitive grant program for local jurisdictions to assist with the implementation of these regulations; however, there are stipulations that come with this grant. The grant can only be used for capacity planning, collection, Edible Food Recovery, education and outreach related to organic waste and edible food recovery, enforcement and inspection, program evaluation/gap analysis, procurement requirements and record keeping. Additionally, jurisdictions can only use this funding for programs and outreach that have not yet started or as an extension of an existing program. In February 2022, staff applied for this grant and received $20, 142. The use of the funds were required to be outlined in the grant submittal.
Staff requested to use this funding as an extension of the existing Regional Food Recovery Program with the San Gabriel Valley Council of Government to provide assistance to the food recovery organizations that are required to comply with SB 1383.
On July 27, 2022 Amendment No. 2 to the Memorandum of Agreement for participation in the San Gabriel Valley Regional Food Recovery Program was approved. This allocated funding received through CalRecycle's SB 1383 Local Assistance Grant Program to tasks 7-9 which included project management, creation of sub regional food recovery hubs, coordination of the purchase of equipment, and creation/implementation of public outreach and education plans and campaigns. In addition, the amendment revises the number of inspections for Tiers 1 & 2 commercial edible food generators and revisions were made to the actual costs for Tasks 1-6 for Fiscal Year 2021/2022, which decreased from the original agreement amount. The costs for Tasks 5-6 for Fiscal Year 2022/2023 decreased from $15,307 to $12,830 and Fiscal Year 2023/2024 increased from $15,707 to $16,227.