Packet Pg. 439 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.
3. Subscription Software License and Restrictions.
3. 1. Subscription Software License. Subject to Customer' s and its Authorized Users' compliance with the Agreement, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non- transferable, non- sublicenseable, and non- exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer's internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering Document ( if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer' s owned or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum.
3. 2. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third- party software, such as open source software, included in the Subscription Software.
Customer will comply, and ensure its Authorized Users comply, with such additional license agreements.
3. 3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions ( including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof to a human- readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials( including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks.
4. Term.
4. 1. Subscription Terms. The duration of Customer' s subscription to the first Subscription Software and any associated recurring Services ordered under this SSA ( or the first Subscription Software or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Software ( and recurring Services, if applicable) and will continue for a twelve ( 12) month period or such longer period identified in an Ordering Document( the " Initial Subscription Period"). Following the Initial Subscription Period, Customer' s subscription to the Subscription Software and any recurring Services will automatically renew for additional twelve( 12) month periods( each, a" Renewal Subscription Year"), unless either Party notifies the other Party of its intent not to renew at least thirty ( 30) days before the conclusion of the then- current Subscription Term. ( The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a " Subscription Term") Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty ( 30) days prior to commencement of such Renewal Subscription IIITerms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 440 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional • Subscription Software or recurring Services under this SSA during an in- process Subscription Term, the subscription for each new Subscription Software or recurring Service will ( a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Customer' s thencurrent Subscription Term ( a " Partial Subscription Year"), and ( b) automatically renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty ( 30) days before the conclusion of the then- current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized.
4. 2. Term. The term of this SSA ( the " SSA Term") will commence upon either ( a) the Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or ( b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement.
4. 3. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this SSA( or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, immediately upon notice to Customer if ( a) Customer breaches Section 3 — Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document, or ( b) it determines that Customer' s use of the Subscription Software poses, or may pose, a security or other risk or adverse impact to any Subscription Software, Motorola, Motorola' s systems, or any third party ( including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and Documentation, and that Customer' s breach of the Agreement will result in irreparable harm to Motorola • for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity ( including immediate injunctive relief).
4. 4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Software or Service to customers.
5. Payment.
5. 1. Payment. Unless otherwise provided in an Ordering Document ( and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated recurring Services may include certain one- time Fees, such as start- up fees, license fees, or other fees set forth in an Ordering Document. Motorola will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due.
5. 2. License True- Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer' s usage of the Subscription Software during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro- rated for each Terms and Conditions 0 MOTOROLA SOLUTIONS •
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS-000124126/ CAP21P275A
Packet Pg. 441 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA.
6. Liability.
6. 1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET
FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE
CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR ( A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; ( B) DISRUPTION OF OR DAMAGE TO
CUSTOMER' S OR THIRD PARTIES' SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF
ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; ( C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE
THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; ( D) TRACKING AND LOCATION- BASED SERVICES; OR ( E) BETA SERVICES.
6. 2. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6. 1 — Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.
7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https:// www. motorolasolutions. com/ en us/ about/ privacy- policy. html# privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers.
8. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 — Term; Section 5 — Payment; Section 6. 1 — Additional Exclusions; Section 8 — Survival.
Terms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 442 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Maintenance and Support Agreement
This Maintenance and Support Agreement( the" Agreement") is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL (" Motorola") and the entity set forth in the signature block below(" Customer"). Motorola and Customer will each be referred herein as a " Party" and collectively as the Parties". This Agreement is effective as of the date of the last signature ( the" Effective Date") For good and valuable consideration, the Parties agree as follows:
Section 1 EXHIBITS
The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed below.
Exhibit A Covered Products, Support Options and Pricing" Exhibit B Customer Support Plan"
Exhibit C Labor Rates"
Section 2 DEFINITIONS
CSR" means Motorola Solutions Customer Service Request System.
Equipment" means the physical hardware purchased by Customer from Motorola pursuant to a separate System Agreement, Products Agreement, or other form of Agreement.
Motorola" means Motorola Solutions, Inc., a Delaware corporation.
Motorola Solutions Software" means Software that Motorola owns and is covered in this Maintenance and Support Agreement.
Non- Motorola Solutions Software" means Software that a Third Party other than Motorola owns.
Optional Technical Support Services" means fee- based technical support services that are not covered as part of the standard Technical Support Services.
Principal Period of Maintenance" or" PPM" means the specified days and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by the Customer is indicated in the Covered Products, Support Options and Pricing Exhibit.
Patch" means a specific change to the Software that does not require a Release.
Products" means the Equipment( as indicated in the Covered Products Exhibit) and Software provided by Motorola.
Product Release" means the release of Motorola Software considered to be the next generation of an existing product or a new product offering.
Releases" means an Upgrade to the Motorola Software.
Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications.
Services" means those maintenance and support services described in the Customer Support Plan Exhibit and provided under this Agreement.
Software" means the Motorola Solutions Software and Non- Motorola Solutions Software ( Third Party) that is furnished with the System or Equipment.
Terms and Conditions MOTOROLA SOLUTIONS •
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 443 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties.
Standard Business Day" means Monday through Friday, 8: 00 a. m. to 5: 00 p. m. local time, excluding established Motorola holidays.
Standard Business Hour" means a sixty ( 60) minute period of time starting at notification within a Standard Business Day( s).
Start Date" means the date upon which this Agreement begins. The Start Date is specified in the Covered Products, Support Options and Pricing Exhibit.
System" means the Products and Services provided by Motorola as a system and are more fully described in the Technical and Implementation Documents attached as Exhibits to the applicable system agreement between Customer and Motorola.
Technical Support Services" means the remote support provided by Motorola on a standard and centralized basis concerning the Covered Products, including diagnostic services and troubleshooting to assist the Customer in ascertaining the nature of a problem being experienced by the Customer. Technical Support Services includes minor assistance concerning the use of the Software ( including advising or assisting the Customer in attempting data/ database recovery, database set up, client- server advice), and minor assistance or advice on installation of Releases provided under this Agreement.
Upgrade" means the process of installing the latest or generally available version of the installed solution product.
Section 3 SCOPE AND TERM OF SERVICES
3. 1. In accordance with the provisions of this Agreement and in consideration of the payment by Customer of the price for the Services, Motorola will provide to the Customer the Services as described in the Customer Support Plan Exhibit for the Support Services package listed above and as indicated in the Covered Products, Support Options and Pricing Exhibit. Services will apply only to the Products described in the Covered Products Exhibit.
3. 2. Unless the Covered Products, Support Options and Pricing Exhibit expressly provides to the contrary, the term of this Agreement is Number spelled out ( xzz) year( s), beginning on the Start Date. Following the initial term period, this Maintenance and Support Agreement will automatically renew upon the anniversary date for successive one ( 1) year periods unless either party notifies the other of its intention to not renew the Agreement ( in whole or part) not less than thirty (30) days before the anniversary date or requests an alternate term or this Agreement is terminated for default by a party.
3. 3. This Agreement covers all copies of the specified Products listed in the Covered Products, Support Options and Pricing Exhibit that are licensed by Motorola to the Customer. If the price for Services is based upon a per unit fee, such price will be calculated on the total number of units of the Products that are licensed to Customer as of the beginning of the maintenance and support period. If, during a maintenance and support period, Customer acquires additional Products that will be covered by this Agreement, the price for maintenance and support services for the additional Products will be calculated and added to the total price either ( 1) if and when the maintenance and support period is renewed or( 2) immediately when Customer acquires additional Products, as determined by Motorola. Motorola may adjust the price of the maintenance and support services at the time of a renewal if it provides to Customer notice of the price adjustment at least forty-five ( 45) days before the expiration of the maintenance and support period. If Customer notifies Motorola of its intention not to renew this Agreement as permitted by Section 3. 2 and later wishes to reinstate this Agreement, it may do so with Motorola' s consent provided a) Customer pays to Motorola the amount that it would have paid if Customer had kept this Agreement current, ( b) Customer ensures that all applicable Equipment is in good operating conditions at the time of reinstatement, and c) all copies of the specified Software listed in the Description of Covered Products are covered.
III Terms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 444 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126
3. 4. When Motorola performs Services at the location of installed Products, Customer agrees to provide to • Motorola, at no charge, a non- hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Motorola to perform its obligations under this Agreement.
3. 5. All Customer requests for covered Services will be made initially with the call intake center identified in the Customer Support Plan.
3. 6. Motorola will provide to the Customer Technical Support Services and Releases as follows:
3. 6. 1. Motorola will provide Technical Support Services and correction of Residual Errors during the PPM in accordance with the Exhibits. The level of Technical Support depends upon the Customer' s selection as indicated in this agreement and the Covered Products, Support Options and Pricing Exhibit. Any Technical Support Services that are performed by Motorola outside the contracted PPM and any Residual Error corrections that are outside the scope will be billed at the then current hourly rates. The objective of Technical Support Services will be to investigate specifics about the functioning of covered Products and to determine whether there is a defect in the Product. Technical Support Services will not be used in lieu of training on the covered Products.
3. 6. 2. Unless the Covered Products, Support Options and Pricing Exhibit expressly provides to the contrary, Motorola will provide to Customer without additional license fees an available Software Upgrade after receipt of a request from the Customer. The Customer must pay for any installation or other services and any necessary Equipment or third party software or training provided by Motorola in connection with any onsite installation of the Software Upgrade. Software Upgrades, as defined in the Customer Support Plan, are designed to be delivered remotely. Services for onsite delivery requested by Customer will be quoted at the time of the request. Any services will be performed in accordance with a mutually agreed schedule.
3. 6. 3. Motorola will provide to Customer an available Product Release after receipt of a request from Customer, but Customer must pay for all additional license fees, any onsite installation or other services, and any • necessary Equipment provided by Motorola in connection with such Product Release. Motorola' s duty as described in this paragraph is contingent upon Customer' s then- current installation at the time of Customer' s request being within two( 2) Standard Release versions of the new Standard Release available for general release. Any services will be performed in accordance with a mutually agreed schedule.
3. 6. 4. Along with maintenance Software Releases, Motorola will make available new purchasable products, features and modules which are separate and distinct from the mainstream Motorola Solutions Software line of Products. Newly released Products may have{ Product Name} as a pre-requisite and/ or share some portion of the{ Product Name} code base. Customers are not entitled to these products, features and modules, or upgrades to them within this Maintenance and Support Agreement, if they have not purchased the required licenses.
3. 6. 5. As part of the Software development process Motorola makes every reasonable effort to lessen impact to customer operations. Any change to existing functionality is done after thorough review of customer feedback and with announcement of said change. When it' s not technically feasible to meet a particular requirement Motorola will proactively communicate the changes. Beyond these efforts Motorola does not warrant that a Release will meet Customer' s particular requirement, be uninterrupted or error- free, be backward compatible, or that all errors will be corrected. Errors addressed as part of the Software Release will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, Motorola will make available services to integrate these capabilities and functions to the upgraded version of the Software, which services may be fee based.
3. 6. 6. To the extent that the customer purchases an on- premise solution, Motorola' s responsibilities under this Agreement to provide Technical Support Services in accordance with the package selected by the customer and as further detailed in the statement of work, customer support plan will be limited to the current Standard Release plus the two ( 2) prior Standard Releases ( collectively referred to in this section as " Covered Standard Releases"). Notwithstanding the preceding sentence, Motorola will provide Technical Support Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless Terms and Conditions MOTOROLA SOLUTIONS •
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 445 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 such error has been corrected by a Covered Standard Release ( in which case Customer will need to have the Standard Release that fixes the reported error installed or terminate this Agreement as to the applicable Software).
3. 7. The maintenance and support Services described in this Agreement are the only covered services. Unless optional or a la carte Technical Support Services are purchased, these Services specifically exclude and Motorola will not be responsible for:
3. 7. 1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturer' s guidelines. Other services may be available for an additional fee and will be addressed with an amendment to the Agreement.
3. 7. 2. The repair or replacement of Products or parts resulting from failure of the Customer' s facilities, Customer' s personal property and/ or devices connected to the System ( or interconnected to devices) whether or not installed by Motorola' s representatives.
3. 7. 3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer' s negligence, or from causes such as lightning, power surges, or liquids.
3. 7. 4. Any transmission medium, such as telephone lines, computer networks, or the ISP, or for Equipment malfunction caused by such transmission medium.
3. 7. 5. Accessories, custom or Special Products; modified units; or modified Software.
3. 7. 6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Motorola or the failure of the System due to extraordinary uses.
3. 7. 7. Operation and/ or functionality of Customer' s personal property, equipment, and/ or peripherals and any application software not provided by Motorola.
3. 7. 8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component.
3. 7. 9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System.
3. 7. 10. Services to diagnose malfunctions or inoperability of the Software caused by changes, additions, enhancements, or modifications in the Customer' s platform or customer provided software.
3. 7. 11. Services to correct errors found to be caused by Customer- supplied data, machines, or operator failure.
3. 7. 12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply ( UPS); office furniture including chairs or workstations.
3. 7. 13. Third- party software unless specifically listed on the Covered Products Exhibit.
3. 7. 14. Support of any interface( s) beyond Motorola- provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications concerning the Products.
3. 7. 15. Services related to customer' s failure to use a UPS system to protect against power interruptions as related to their on- premise equipment.
IIITerms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
P5- 000124126/ CAP21P275A
Packet Pg. 446 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126
3. 7. 16. Any design consultation such as, but not limited to, configuration analysis, consultation with • Customer's third- party provider(s), and System analysis for modifications or Upgrades which are not directly related to a Residual Error report.
3. 8. The Customer hereby agrees to:
3. 8. 1. Maintain any and all electrical and physical environments in accordance with the System manufacturer' s specifications.
3. 8. 2. Provide standard industry precautions ( e.g. back- up files) ensuring database security, per Motorola' s recommended backup procedures.
3. 8. 3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with the Customer; however, remote access is required and will not be substituted with on- site visits or proxies if access is not allowed or available.
3. 8. 4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to Motorola' s Technical Support organization for reporting and verifying problems and performing System backup. At least one member of the System Administrators group must have completed Motorola' s End- User training and System Administrator training ( if available). The combined skills of this System Administrators group includes proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator will follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein.
Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Motorola. Customer will assist Motorola to confirm that errors are not the product of the operation of an external system, data links between system, or network administration issues. If a 11111 Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Motorola' s Customer Support by telephone, but the System Administrator must follow up with Motorola' s Customer Support as soon as practical thereafter. A full list of customer system management responsibilities is provided in the Customer Support Plan section 5. 2.
3. 9. In performing repairs under this Agreement, Motorola may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Motorola will become Motorola' s property.
3. 10. Customer will permit and cooperate with Motorola so that Motorola may periodically conduct audits of Customer' s records and operations pertinent to the Services, Products, and usage of application and database management software. If the results of any such audit indicate that price has been understated, Motorola may correct the price and immediately invoice Customer for the difference ( as well as any unpaid but owing license fees).
3. 11. If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Motorola will have the right to adjust the price for the Services to the appropriate current price for the new configuration.
3. 12. Customer agrees not to attempt or apply any upgrades( s), alteration( s), or change( s) to the database software without the prior approval of Motorola.
Section 9. CERTIFICATION DISCLAIMER
Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by an authorized signatory of Motorola.
Terms and Conditions MOTOROLA SOLUTIONS 1111
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 447 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Section 10. COMPLIANCE WITH APPLICABLE LAWS
The Parties will at all times comply with all applicable regulations, licenses and orders of their respective countries relating to or in any way affecting this Agreement and the performance by the Parties of this Agreement. Each Party, at its own expense, will obtain any approval or permit required in the performance of its obligations. Neither Motorola nor any of its employees is an agent or representative of Customer.
IN WITNESS WHEREOF, the Parties have caused this Agreement as of the Effective Date.
MOTOROLA SOLUTIONS, INC. CUSTOMER
By: By:
Name: Name:
Title: Title:
Date: Date:
11111
IIITerms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 448 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Maintenance and Support Agreement- Exhibit A
COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING
MAINTENANCE AND SUPPORT AGREEMENT TERM:
CUSTOMER AGENCY BILLING AGENCY
Address Address
City, State, Zip City, State, Zip
Contact Name Contact Name
Contact Title Contact Title
Telephone Number Telephone Number
Email Address Email Address
For support and updates on products below, please contact Motorola' s Public Safety Application' s Customer Support:
800) MSI-HELP( 800- 674- 4357)
Option 4 Software Products/ Public Safety Applications:
Option 2) Computer Aided Dispatch and Mobile
Option 2) PremierOne, Legacy CAD/Mobile
or
Option 4) Records/ Jail Management
Option 2) PremierOne, Legacy Records
Option 5) Offendertrak
Site Identification Numbers
Motorola Solutions Essential Support Services Include:
Virtual Private Network VPN
Customer Support Plan Tool
HPE Defective Media
Case Management 24x7 Retention
Technical Support 9x5 Software Releases, as defined
Third- party Vendor Coordination Access to Users Group Site On- site Support ( when applicable)
Motorola Solutions Advanced Support Services Include:
All services noted above for Essential Support Services PremierOne Solution Monitoring & Response
MOTOROLA SUPPORTED PRODUCTS
f Technical '
Service i' Term
Product Desccltptpionm .
Level z I Feed
00 00
00 TOTAL 00
Terms and Conditions MOTOROLA SOLUTIONS 411
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 449 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 110 Maintenance and Support Agreement- Exhibit A Continued
COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING
THIRD- PARTY VENDOR SUPPORTED PRODUCTS
s} R
Ser v ce €
Term •
D I , a3' a* ^ s`" s h •
f - s
f ;: _' r
f' rah !
r" std
s
t e , tea
Vendor Descriptions Lever Y. Fees
00 00
00 TOTAL 00
Optional Services Available:
Hardware Refresh* User Conference Advanced Purchase**
Professional Services Upgrades* Dedicated On- site Support Resource Professional Service Training Dedicated On- site Support Resource- GeoFile Services Professional Services Consultation
Require Multi- Year Agreement
SERS CONFERENCE ADV CEPURCHASEOPTION.
Users Conference Attendance Year Attendees Qty Fees
Standard Attendance'
Registration Only
Standard Attendance Fees Include the following:
Registration fee
Round trip travel for event ( booked by Motorola)
Hotel accommodations ( booked by Customer Agency per Motorola website instructions) Ground Transportation ( booked by Motorola)
Daily meal allowance2
Standard Attendance includes above accommodations for the regular conference days. Any offer for pre-training outside of the standard conference days is not included in this offer. Customers who wish to attend pre- conference training may do so at their own lodging and food expense. Adjustment to travel dates and times to attend pre- conference training is allowed 2 Daily meal allowance is determined by Motorola based on published guidelines. In no event will the amount provided exceed attendee' s applicable Agency rules regarding meal expenses, provided the attendee or his/ her agency notifies Motorola in advance of the conference of any restrictions, prohibitions or limitations that apply.
OPTIONAL SUPPORT SERVICES
SeNice? Ce
i 4'
Reference . r
F I . h Fees 4$ x x "
m r 7• Y
E
s r ur
a € z
i .
r„ ta ` aa ii. € a,'. '
t".
u
a, 3. a", 4~ f' a
I si ;=;;$' 5lrk; - c + ir i s•`- x.y sr.= •..." u"4SM,? i_ A. e.. vaE uJ . x,, z1<_,. vaani. . as:. .`*„,.. i,,as. a,... 00 00
00 TOTAL 00
IITerms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 450 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Maintenance and Support Agreement - Exhibit A Continued
COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING
SUPPORT FEES SUMMARY
h P oduct Level `, Term Fees
Motorola Product TM
xx 00
Added Motorola Product TM
xx 00
Multi- System Discount- x% 00)
Multi- Year Discount- 2% 00)
SUBTOTAL MOTOROLA SUPPORT 00
Vendor Product xx 00
Added Vendor Product xx 00
SUBTOTAL THIRD PARTY SUPPORT 00
O• tional Su•• ort Service xx 00
Added Optional Support Service xx 00
SUBTOTAL OPTIONAL SUPPORT SERVICES 00
GRAND TOTAL 00
MONTHLY FEES ( remove if not applicable) 00
Terms and Conditions MOTOROLA SOLUTIONS III
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 451 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Maintenance and Support Agreement- Exhibit B
CUSTOMER SUPPORT PLAN
MAINTENANCE AND SUPPORT AGREEMENT TERM:
CUSTOMER:
See Customer Support Plan on the following pages
110
Terms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 452 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) 7 F' .+ mss y; t,:
x
E
5-'` ch..
Y
t '..:-......44.,.....(,--:.-
r«
s a. e.....',- ao. t.%).„. 4;„ xy s Y a
A,
t. ,.4 u„ ' $ . Alla
7 ate04; ry.44....' 1"*,'.
A;' '
A
C "
rt` 3 2{ b1 t,.:',-- 1.14-t:-. YFwx4«
6 5 1
y
y
0,4. 5'
S
F ^°-' x' Y'
3b w
P'
t
r
g x
1,4-„.,--,.,,,
t
B r
rSY Q t A •
q
3'
we
4,..,
o'
g:'
Q
4,3,1,
s.A,',„,,,,,:',.':. A...,ritp-,
z.,-. 3:-, r4 ,:,.‘,!...-,-,
vv-Viik,'','''' -' ; N:.;: .. ‘..--- . -.
d
a
z -' u v r rte.. s
EMfJE ' N TS ® iST G'
P O ! TEPLAN
1/4-..' i';-.
0 -- a,
E 1 N G ( 3 A
NovEVA0ER 2021
0 Rev 1. 5 ogaTCD 2OL,Q SOLUTIONS
05/ 11/ 2021
Packet Pg. 453 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
Premierone Customer Support Plan EssKb_ 110421. Docx Page 2 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 454 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
z..., H. QUICKCONTACTMATRIXk ', .
t .., . .
QUICK CONTACTS 4
SUPPORT CENTER
1- 800- MSI- HELP ( 1- 800- 674- 4357)
Toll Free Phone# i Option 4, 2, 2 CAD or Mobile
I I Option 4, 4, 2 RMS
Email PSACASE( a Motorolasolutions. com
Motorola Portal MyView Portal
Site Name
2. Your Name.
Provide the following information: 3. Your Call Back Number
4. A Brief Description of the Problem
Priority( Critical, High, Medium, Low)
Warranty and/ or Service Agreement Information
Customer Name:
Contract#:
Service Agreement• Start/ End Date
Service• Level : Essential
CUSTOMER SUPPORT MANAGER CUSTOMER SUCCESS ADVOCATE
i. Name. Name:; _
Phone: Phone:
Mobile:' Mobile:
Email: Email:
Premierone Customer Support Plan Ess Kb110421. Docx Page 3 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 455 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
ESCALATION Plan
Our goal is to ensure our customers receive the best possible support from Motorola Solutions. If you feel that your support or maintenance needs are not being met, as a direct Motorola Solutions Customer, we provide an escalation process for your request to the next Motorola Solutions department or manager.
Your initial call should always be to the first department or person on the list below. If, after making this initial contact you still have unresolved issues, please see below for escalation contact information.
ESCALATION' C`ONTACTi z `, s,,, moi`. s ' Y' Y
Er '
k
d e . x • "`• '* t b' 9a
Leuel i s
a c a d 8c a
SUPPORT CENTER
DON JACKSON JOSH HOWELL .. JEREMY SMITH
Manager, Technical Support Senior Manager Technical Support i Head of Software Enterprise Centralized Mobile: ( 720) 355- 1183 Mobile: ( 616) 540. 4103:. Managed& Support Operations Don. JacksonI( c motorolasolutions. com . Josh. Howell( a. motorolasolutioris. com Mobile: ( 951) 216. 8827 Jeremy. Smith( amotorolasolutions. com
ON- SITE. SUP•PORT,TECHNICIANS
KATIE NEWCOMB JOSH HOWELL I JEREMY SMITH
Manager Technical Support Senior Manager Technical Support' s i„ Head of Software Enterprise Centralized` i..
Mobile ( 720) 697, 8150 Mobile ( 616) 540 4103 Managed& Support Operations f Kati eirNewcomb( a8motorolasolutions comb Josh Howell(a motorolasolutions corn } Mobile ( 951) 216 8827 torolasolutions com
Assigned CSM RSM
Premierone Customer Support PlanEss_ Kb 110421. Docx Page 4 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 456 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
TABLE OF CONTENTS
1. Support Plan Summary 7
1. 1 Introduction— Serving Our Customer' s Needs 7
1. 2 Service Management Overview— PremierOne Solution Services 7
2. Motorola Solutions Systems Support Center 8
2. 1 Reporting Incidents Using the Toll- free Number 9
2. 2 Priority Level and Response Definitions 9
2. 2. 1 Priority Level Response Table 10
2. 3 Customer Contacts for Notification 11
2. 4 Case Management via MyView Portal11
2. 5 Ticket Initiation via Email 12
3. Warranty Enhancement Services-------- ==- Error! Bookmark not defined.
3. 1 Features of Warranty Enhancement Services Error! Bookmark not defined.
3. 2 Benefits of Warranty Enhancement Services Error! Bookmark not;;defined.
3. 3 Customer Responsibilities: Error! Bookmark not: defined.
3. 4 Motorola Solutions Responsibilities: Error! Bookmark not defined.
4. Customer Responsibilitiesfor Support a'nd: Maintenance 12
5. Motorola Solutions Responsibilities 17
5. 1 Software Maintenance Agreement ( SMA) 18
III 5. 2 Security 19
6. Limitations:and Exclusions 19
7. Advanced Support Entitlement Error! Bookmark not defined.
7. 1 Networ &' k Security'Operns_ atioCenter<' Error! Bookmark not defined.
8. DEDICATEDON SITE SERVICE DELIVERY ( Optional) - Error! Bookmark not defined.` <<::.
8. 1 PremlerOSolutio nenR' Records System: ( remove if not applicable) Error! Bookmark not defined '
8 2 .; PremierOne Solution' CAD and Mobile, and/ or PMDC: ( remove if not applicable) Error! Bookmark not defined.
8. 3Customer. Provided Support and Maintenance Error! Bookmark not defined.
8. 4 Service; Delivery Manager Training: Error! Bookmark not defined.
8. 5 Dedicated%Service Delivery Manager Placement, Terms and Conditions---- Error! Bookmark not defined.
9. DEDICATED ON- SITE GIS SERVICE DELIVERY MANAGER
Optional) Error! Bookmark not defined.
9. 1 General Tasks Error! Bookmark not defined.
9. 2 Update Street Centerlines Error! Bookmark not defined.
9. 2. 1 Update Boundaries Error! Bookmark not defined.
9. 2. 2 Update Common Places Error! Bookmark not defined.
9. 2. 3 Coordinate CAD Map/ Geodata Updates Error! Bookmark not defined.
9. 2. 4 Creation and Maintenance of PremierOne Solution CAD mapping Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 5 • 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 457 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
0 files Error! Bookmark not defined.
9. 2. 5 Update Routing Services Error! Bookmark not defined.
9. 2. 6 Creation and Maintenance of PremierOne Solution Mobile mapping files Error! Bookmark not defined.
9. 2. 7 Update Handheld Map ( if applicable) Error! Bookmark not defined.
9. 3 Other General Customer Responsibilities: Error! Bookmark not defined.
9. 4 Resource Training: Error! Bookmark not defined.
9. 5 Dedicated Service Delivery Manager Placement, Terms and Conditions ---- Error! Bookmark not defined.
10. Software Lifecycle Services ( Optional) 20
10. 1 Software Upgrade Services 20
10. 2 Third- Party Coordinated Upgrade Services 20
10. 3 Standard Release Software Upgrade Timing and Delivery:;Overview 20
10. 4 Upgrade Kickoff Teleconference 21
10. 4. 1 Motorola Solutions Responsibilities<: 21
10. 4. 2 Customer Responsibilities21
10. 5 Upgrade Preparation 22
10. 5. 1 Motorola Solutions Responsibilities 22
10. 5. 2 Customer Responsibilities 22
10. 6 Staging Environment 22
10. 6. 1 Motorola Solutions Responsibilities 22
10. 6. 2 Customer Responsibilities 22
10. 7 On- Site Upgrade Implementation 23
10. 7. 1 Motorola Solutions Responsibilities 23
10. 7. 2 Customer Responsibilities 23
10. 8 PremierOne Solution Production Cutover: 24
10. 8. 1 Motorola Solutions Responsibilities 24
10. 8. 2 Customer Responsiblhfies 24
10. 9 PremierOne Solution; Upgrade Acceptance 24
10. 10 Third Party Partner Upgrade Activities 25
10 10:; 1. Motorola Solutions Responsibilities 25
10. 10.2Cr- ustomeesponsibilities R 25
11. Summary.. 26
11- 1 Summary 26
11. 2 Benefits;
Your Agency 26
12. Conditions and Exclusions 26
12: 1':;: x. Conditions ": '' 26
12. 2 ::; Exclusions 27
Premierone Customer Support Plan Ess Kb 110421. Docx Page 6 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 458 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
1. SUPPORT PLAN SUMMARY
1. 1 Introduction — Serving Our Customer' s Needs
Motorola Solutions Inc. (" MOTOROLA SOLUTIONS") is committed to helping people be their best in the moments that matter. We appreciate the opportunity to provide the following support services (" Support Services") pursuant to this Support Plan, which has been tailored specifically to for your PremierOne Solution. Our Service Delivery Team: isfocused on the health, system performance and reliability of the PremierOne Solution (" PremierOne Solution") Solution.
You will work with a customer support manager (" Customer Support Manager" or " CSM") who will maintain regular communications with you and will continually monitor and.assess our service deliveries over the full lifecycle of the engagement., They will be your single point of contact for any questions on Motorola Solutions products' or support.
Your Support Plan may be amended from time to time to:align with industry best practices and customer needs. Our goal is to build a service relationship you can trust.
1. 2 Service Management Overview — PremierOne Solution
Services
Motorola Solutions Essential Support Services provides basic supportdelivered through a combination of centralized resources: within Motorola; Solutions Technical Support Center TSC") collaborating with. product development resources that are experienced in managing mission critical systemsWand associated Technologies The TSC operates 24 x 7 x 365, leveraging remote access to customer systems for complete resolution methods.
Service management and open communication is the' key to effective service delivery and relationship_building Our Support Services program offers end-to- end service management and includes:
Software Support
Motorola Solutions Technical Support Center
The Support Plan covers the following customer locations Site ID Kh, ' u Product Group. Site Name` Site
Addressss
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 7 • 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 459 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
0 2. MOTOROLA SOLUTIONS SYSTEMS SUPPORT CENTER
The TSC is the central point of contact to report PremierOne Solution incidents and submit change requests. The TSC can be reached 24/ 7 to assist with your service needs via:
Toll Free Telephone: 1- 800- MSI- HELP ( 800- 647- 4357) Option 4, 2, 2 CAD Mobile
Option 4, 4, 2 RMS
MyView Portal: low priority requests only, ( estimated 24- hourturnaround) Email: PSACASE( c motorolasolutions. com ( estimated 24- hour:'turnaround) NOTE: Critical and high priority incidents should not be reported<via err ail'or the MyView Portal.
Product and system technical resources are ready to receive and take action on; requests for service.
The TSC will:
Open a ticket and categorize the reported issue or request Resolve incidents based on priority:::
Perform analysis to assist in identifying a corrective action plan Escalate the incident/request to technical or service experts when required III Engage the next level: management for timely problem resolution, when necessary Provide regular status updates for escalated, incidents Motorola Solutions primary objective is torestore your;;PremierOne Solution to normal operations as quickly as' possible and inlmize the adverse impact of service events on our customers and their mission is serves our primary goal of maintaining industry- leading quality of service anavailabiliThty d The PremierOne Solution team of highly skilled, knowledgeable and experienced specialists are available to the customer as an integrated part of the essential support' and technical issue resolution process.
All customer requests for service and change requests are tracked centrally in Motorola Solutions IT Service Management( ITSM) toolset, resulting in a ticket number. All TSC support activity that occurs:after the cutover of the system into production is tracked in this system to promote consistent visibility of altactivities.
All calls requiring incidents or' service requests are assigned a priority in accordance with the agreed " Priority Level Response" table below. Via the ITSM, Motorola Solutions will track the progress of each ticket from initial capture to resolution. Motorola Solutions will advise and inform the customer of the ticket progress and tasks that require further investigation and assistance from the customer' s technical resources.
III Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 8 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 460 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
MOTOROLA SOLUTIONS
Upon notification of the incident, the TSC will supply a ticket number for reference. For each 1110 reported or alert generated, the TSC will apply a " Priority Level" classification, which has an assigned target response time objective. This classification provides the means to manage the appropriate response and engagement processes.
2. 1 Reporting Incidents Using the Toll-free Number
The TSC is staffed with trained technicians who remotely access your PremierOne Solution to begin troubleshooting. For accurate reporting and ticket tracking, all PremierOne Solution issues are reported to the TSC.
At a minimum, when reporting an incident using the toll-free number above, the TSC will require:
Customer name ( Site)
Caller' s name
Caller' s contact number ( supply alternate call back number).
Description of the problem or request
Operational impact of the problem ( Priority
2. 2 Priority Level and Response: Definitions;
Reporting Trouble— The TSC number is provided to all customers for PremierOne Solution issues. If the issue cannot be resolved.through our remote diagnostics by the TSC, then the customer technician will be required to;report on- site to assist with the troubleshooting effort.
Response Time— shall bedefined as: the' amount of time expired between the time in which the issue is either( a) detected by monitoring or( b),reported to TSC by the customer to the time that a qualified technician is actively troubleshooting the issue.
Note,- Business Days. is defined as Monday— Friday excluding holidays Business: Hours is defined as Monday— Friday 8am — 5pm local time Incident Time means the period of time during which the service or any service component suffers an Incident Incident Time shall commence when the issue is either ( a) detected by monitoring or ( b) reported to the TSC by the customer. Incident Time shall end upon completion of the repair or`restoration of the service or service component. Incident Time shall not include downtime attributable to ( a) Force Majeure conditions ( as defined in the applicable agreement); or ( b) scheduled preventive maintenance that the customer was notified of and consented to in advance.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 9 411 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 461 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
2. 2. 1 Priority Level Response Table
PRIORITY.'. ; DEFINITION I RESPONSE TIME
1 An incident is deemed CRITICAL if one or multiple critical Telephone conference within 1 Critical functions are unavailable, or severely degraded such that the Hour of initial voice notification customers' core business functions and capabilities are no longer delivered or capable. The resulting critical impact to the customers' business is such that focus and resources must be applied to restoration or mitigation
Full system outage, systemic inability to process missioncritical commands ( e. g. incident creation), extreme systemic slowness, or majority of clients unable to connect to the system, etc.
An incident is deemed HIGH if a business function is Telephone conference within 3 2 unavailable and normal customer business activityis` Hours ofinitial voice High impacted or degraded, and a workaround may be available to notification during normal mitigate the effects of the service impact; however overall business hours:
efficiency or effectiveness is degraded. This may apply to both critical and non- critical functions.
Loss of a critical redundancy, subsystem or critical interface e. g. CommSys Query, Paramounf_:ProQA, Fire Station
Alerting, etc.), systemic ARL failure; systemic recurring disruptive issues that frequently impact users
3 An incident is deemed MEDIUM if business functions are Telephone conference within 8 Medium available, however, there. is. a deviation from the expected or _ Hours of initial notification agreed upon level ofservice; or other service ct` ondition no ,,, during normal business hours aligned with the other defined impact levels.'
Issues impacting a single client; intermittent. issues, noncritical subsystems or interfaces( e: g. interfaces; installed on RDW), RDW or reporting. problem etc :
4 A request is: deemedLOW for minor requests. Telephone conference within 2 Low Business Days of initial
This level is rneaht.to represent minor issues, such as notification cosmetic issues, documentation errors, general usage
questions, configuration questions and product or service Update requests.
The customer will provide a properly trained technical resource who is familiar with the operation of the PremierOne' Solution that will be responsible for the maintenance and support of the PremierOne Solution Motorola Solutions will provide remote technical consultants to support the local resource in the timely closure of infrastructure, performance and operational issues.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 10 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 462 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
Motorola Solutions has established criteria and processes to manage Critical incidents such as a Priority 1 case. When the thresholds for the Critical 1 incident is reached the TSC, typically in consultation with their management, will declare a " Major Incident." Declaration of the Major Incident is followed by engaging the Major Incident Management Team ( MIM) that provides guidance for managing the incident as well as communications to stakeholders, senior, and executive management.
2. 3 Customer Contacts for Notification
The designated personnel noted below will be the customer contacts; for notification of a Critical Incident and/ or for technical consultation.
f tj° CONTACTS AND NOTIFICATIONS x
SITE' CONTACT NAME.
Main Phone Number for Site:
Used when needing to speak with Site:
Motorola; Solutions: Contact Name . Email I Phone Number I
Customer Contact Names Emall Phone Number
a
After Hours Contact Names if different) Ernall Phone Number
2. 4 Case Management: via MyView Portal
The MyView Portal provides ci stomers with an interface into our Incident Management system. MyViewPortal gives valuable system and service information whenever you need it along with complete:;:case management details from submission to close.
MyView Portal provides the ability to:
Create low priority-tickets
Obtain status updates on existing tickets
Supply additional information on tickets 24/ 7
When updating ticket notes, please provide contact information, which includes phone number, email, etc.
Premierone Customer Support Plan Ess Kb110421. Docx Page 11 11111 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 463 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) aMr MOTOROLA SOLUTIONS
Motorola Solutions does not recommend using this tool for opening Priority 1 or 2 tickets. The same guidelines apply to updating tickets with critical information. For any critical issues or updates, customers should contact the TSC by calling 1- 800- MSI- HELP ( 800- 647- 4357)
2. 5 Ticket Initiation via Email
An alternative customer support tool is available for PremierOne Solution customers. Along with the toll- free phone number and MyView Portal, customers can request technical support by email. For many customers who use their handheld devices as a means:to open tickets, email provides additional flexibility for initiating tickets.
For proper ticket management and contractual response, email ticketing:is only available for priority levels 3 or 4. To process a ticket via email, the email muSt be formatted exactly as described below:
1. Address email to: PSACASE( a motorolasolutionscom
2. Email Subject: Type " PSA Service RequeSr and a brief description of the system issue ( this will become the ticket title)
3. Use the following template for the body of the email Copy and paste from below, adding the accurate and specific: needs of the request following the bold items listed:
Site ID: Site ID
Product Type: followed by the product family: type. Choose from the following list:
PremierOne Solution>CAD
PremierOne Solution Mobile ( including Handheld or PMDC) PremierOne Solution Records
Contact First,Name: first name or the person support personnel are to contact Contact Last Name last name or the person support personnel are to contact Phone.Number: phone`number including area code, where the contact person may be reached
Priority Levelindicateeither priority level 3 or 4. All priority level 1 or 2 tickets must be opened via the toll-free TSC number
Problem Description: a comprehensive description of the problem
4. Once.the email is sent: the customer will receive an email with a ticket number for future"reference. If an email response is not received, or if a priority level 1 or 2 ticket needs to be: opened,: please contact the toll-free TSC number.
3. CUSTOMER RESPONSIBILITIES FOR SUPPORT AND
MAINTENANCE
The customer will provide a properly trained technical resource who will be responsible for maintenance and support of the PremierOne Solution, and who is familiar with the operation of that system. The designated technical resource should be trained and certified in PremierOne Solution and any other PremierOne Solution products being supported.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 12 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 464 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
Required courses for the technical resource include:
Instructor- Led Training/ Workshop
PremierOne Solution Suite Administration Training
PremierOne Solution CAD Provisioning
PremierOne Solution RMS ACT
Internet Training based on product or package:
PremierOne Solution - All- In- One - Getting Started
PremierOne Solution- System Administration- Hardware Overview PremierOne Solution CAD/ Mobile Client Installation
The PremierOne Solution on- site technical resources are to supply suitably skilled and trained on- site presence when requested by the TSC. They will validate issue resolution prior to close of the ticket in a timely manner.
The customer' s on- site PremierOne Solution support personnel must have completed the courses above. The customer on- site support personnel are responsible for the following:
1. Monitoring: Monitor system for notifications sent by System Center Operations Manager (" SCOM") application, resolve related issues';and/ or contact Motorola Solutions to open a ticket for technical support assistance, which includes heartbeat notifications.
2. Troubleshooting: customer will make every effort;,to diagnseo , triage and resolve issues internally. If Motorola Solutions assistance is requested, customer will make all reasonable efforts to assist in problem;resolution. This may include problem reproduction, answering questions, supplying data, etc.
3. Initiate Service Request: Contact Motorolai' Solutions TSC through authorized tools and processes' outlined in Section.2 of this Support Plan to initiate a service request ticket
4. Assess Priority:Level: Assist in assessing and assigning the initial priority level per the priority level definitions found in Section 2 of this Customer Support Plan
5. Escalate Appropriately:_ Contact;;Motorola Solutions to add information or make changes to existing technical support tickets, or escalate service requests to Motorola; Solutions management. Motorola Solutions Services management contact information provided in the Escalation Plan at the beginning of this Support Plan.
6. Maintenance" op,.Hardware: customer will provide all on- site hardware maintenance and service. Customer will contact the appropriate vendor directly for parts and hardware service' not purchased through the Motorola Solutions Maintenance and Support Agreement, included in Exhibit A.
7. VPN connectivity: Provide VPN connectivity and telephone access to Motorola Solutions personnel.
8. Operating System (" OS") Upgrades: Unless otherwise stated herein, customer is responsible for any OS upgrades to the System. Before installing OS upgrades, Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 13 Ill 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 465 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
0 customer will contact Motorola Solutions to verify that a given OS upgrade is appropriate and will not adversely impact the system.
9. Physical Server Maintenance: Apply upgrades such as OS patches, administrative tools and utilities. Maintain and upgrade software that supports infrastructure applications. Perform periodic reboots and ongoing performance tuning, hardware upgrades, and resource optimizations as required.
10. Virtual Server Maintenance: Apply upgrades such as OS patches, administrative tools and utilities. Maintain and upgrade software that supports infrastructure applications. Perform periodic reboots and ongoing performance:;tuning, hardware upgrades, and resource optimizations as required.
11. Physical Workstation Maintenance: Perform periodic retoots' and ongoing performance tuning, hardware upgrades, and resource• optimizations as required.
Inspect physical equipment for damage or wear, replace parts as percontractual agreement.
12. CAD Client Maintenance: Apply upgrades such as OS patches, administrative tools and utilities.
Maintain and upgrade software that supports infrastructure applications ( IE, Esri, etc.).
Perform periodic reboots and ongoing„ performancuning, e:,t hardware upgrades, and resource optimizations as`re.quired ;,._
Upgrade and maintain antivirus software appropriately configure and maintain III exclusion list ( Refer to PremierOne Solution>latest published Anti- Virus Exclusions)
Apply any Microsoft Critical Security patch to their PremierOne Solution that fits within the security and sustainability processes of the agency. Motorola Solutions recommends:.agencies follow Microsoft s: guidance related to the application of Critical Security::patches;:
13. Mobile Client Maintence `` na Apply`upgrades; such as OS patches, administrative toolsand utilities
Maintain and upgrade software that supports infrastructure applications ( IE, Esri, etc.).
Perform periodic reboots and ongoing performance tuning, hardware upgrades, and resource optimizations as required.
Upgrade and maintain antivirus software, appropriately configure and maintain exclusion: list ( Referto the latest released PremierOne Solution Anti- Virus Exclusions)
Configure and maintain all products relevant to mobile network connectivity NetMotion, Verizon, VPN related products, etc.).
14. Third- Party Maintenance:
customer must notify Motorola Solutions prior to changes to the following:
Net- Install, upgrade, configure, and maintain . net framework software as per minimum requirements outlined by Motorola Solutions.
Server- Install, upgrade, configure, and maintain all servers hosting thirdparty products that interface to Motorola Solutions products. See Physical III
Server Maintenance section above for additional explanation.
Premierone Customer Support Plan Ess Kb110421. Docx Page 14 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 466 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
SQL - Install, upgrade, configure, and maintain MSSQL application. Make resource optimization changes pertaining to best practices as required by Motorola Solutions.
SQL Express - Install, upgrade, configure, and maintain MSSQL Express application. Make resource optimization changes pertaining to best practices as required by Motorola Solutions.
Unembedded Third- party Licensing - Maintain and apply all third- party licensing for products not specifically embedded within a Motorola Solutions proprietary product.
15. DB Failover ( Post 4. 0): Perform and periodically test system database failover via script or MSSQL tools. Engage Motorola Solutions TSC and; provide supporting data for any problems discovered. Perform and periodically test: system disaster recovery site failover via script provided by Motorola Solutions , Notify Motorola Solutions of any plans to perform DR Failover with reasonable advance notice
16. Data Purging: Perform regular file archival and purge as necessary. Configure data purges compliant with government mandates` and internal retention protocols.
Maintain adequate storage space to ensure that retention, of. required data will inot adversely impact Motorola Solutions Systems:'::: ,
17. Storage Capacity Tracking and Maintenance: Monitor; maintain, and configure system data storage components in accordance with accepted standards and operational requirements as outlined by Motorola Solutions.
18. Temporary DB File Size Maintenance:; Monitor system temporary database size and available storage.
19. Customer Reports Build/ Modify/ Supporf;all custom reports in a manner that will not adversely impact RDW Server/Database` functionality. Custom reports are the sole responsibility of:the creator and: not supported. by Motorola Solutions.
20. CAD Client Install fnstall PrernierOne Solution Software Releases ( includes Standard CU. and ODs)
21. CAD Client Upgrade Testing: Test PremierOne Solution Software Releases ir dudes Standard, CU and: O.Ds). Report and supply data for any problems that are discovered with the software to Motorola Solutions for review and correction. Ensure that minimum software/ hardware requirements are met.
22. Mobile Client Install: Install, upgrade, and test PremierOne Solution Software Releases'' includes Standard, CU and ODs).
23. Mobile Client`Install and Testing: Test PremierOne Solution Software Releases includes Standard; CU and ODs). Report and supply data for any problems that are discovered with the software to Motorola Solutions for review and correction. Ensure that minimum software/ hardware requirements are met
24. Anti- Virus and Windows UAC: Install, configure, and upgrade chosen anti- virus software. Appropriately configure user account control settings in a manner that ensures the files are accessible for system stability and successful operation. If system instability occurs after changing any system element pertaining to UAC or Premierone Customer Support Plan Ess Kb110421. Docx Page 15 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 467 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
0 AV, report changes to Motorola Solutions. If unexpected behavior is experienced while UAC or AV are enabled, and does not occur after disabling UAC or AV, the customer will be responsible for diagnosing and correcting the issue.
25. System Backups: Perform and/ or ensure successful completion of daily backup operations. Ensure that all required system files and data are successfully backed up to the appropriate media. Monitor health of all backup related hardware, including but not limited to HP tape library, recovery tapes, and disk drives. Maintain and upgrade backup related software, such as HP Data Protector. Prior to performing system or database upgrades, create a backup of the system and/ or database to maintain a restoration point. Ensure that PremierOne Solution SSMS full=and incremental database backups completing successfully, report related SCOM notifications to Motorola Solutions.
NOTE: Tape Backups and HD Backups arethe sole responsibility:: of the customer regardless of dedicated SDM. presence.
26. Provisioning knowledge of the system: customer must ensure that adequate provisioning training and knowledge has been provided to those authorized to access and/ or make changes within PremierOne Solution Provisioning. Provisioning changes should be tracked. This information should be supplied to Motorola Solutions to aid in troubleshooting efforts should a problem_be experienced. Motorola Solutions now provides a tool to aid in;provisioning,;change identification, but IIIchanges should be tracked internally by;the customer as a failsafe.
27. Records ACT: Only:trained`users of ACTshould attemptto use ACT to maintain their system. Newsmodule creation, or existing module changes, should first be completed and: tested within araon- production;: environment. Apply changes to the production environment by, running a buildset, or importing the ash file( s). All changes;;made in ACT should be tracked via Motorola Solutions supplied excel files.
These files must be madeavailable upon request to aid in Motorola Solutions troubleshooting efforts ACT`additions, changes and maintenance are the sole responsibility of the customer
28. Use of.Deployment or All- In- One` Users of the deployment tool or AIO tool must be appropriately trained, and understand its operation fully. Deployment packages that are no longer necessary: should be purged. Customer is responsible for their client deployment and should engage Motorola Solutions TSC if a problem is discovered.
29. Gathering Issue':L:ogs ( Server and Client): Supply all requested logs for problems that need to be diagnosed and resolved. In some circumstances, log automation will be implemented, however anything that is not automatically gathered, and deemed necessary by Motorola Solutions, must be furnished. Absence of requested data may lead to ticket closure.
30. Customer Data Archiving: customer is responsible for all PremierOne Solution Data Archival as per their internal requirements and needs. Adequate storage space should be maintained and data must not be stored in a manner that adversely impacts the PremierOne Solution or component operations.
Premierone Customer Support Plan_ Ess_ Kb 110421 Docx Page 16 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 468 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
MOTOROLA SOLUTIONS
31. Network Bandwidth and Stability: Install, monitor and maintain network systems that provide stable operations and adhere to bandwidth requirements to ensure the effective operation of Motorola Solutions products and related system components.
32. Remote Access: Upon successful completion of approved background check, customer must provide remote access to requesting Motorola Solutions personnel for troubleshooting purposes. This includes, but is not limited to, VPN account access, remote hosting, PremierOne Solution domain access and access to all system elements that pertain to the operation of the PremierOne Solution and functionality.
Customer is responsible for ensuring remote access mechanisms and procedures are compliant with any governing information security policiies<arnd procedures, including those set forth in the CJIS Security Policy, if applicable.
33. User Access Control. See Anti- Virus.
34. Backup Power: Install and maintain backup power source to ensure the effective operation of the PremierOne Solution and all its. components in the event of a primary power source failure.
35. End User Training: Ensure that all end users of:Motorola Solutions products- are adequately trained to perform their duties and not cause harm or upset of system functionality. Motorola Solutions does offer additional<training if necessary for an additional cost.
36. Change Management: Notify Motorola Solutions;of any changes made to the PremierOne Solution, associated interfaces related hardware, software, network, or any other system element that may adversely impact operation or system functionality.
4. MOTOROLA SOLUTIONS RESPONSIBILITIES
1. Motorola`Solutions Support Center: Motorola Solutions provides availability to the Motorola Solution TSC ( 1 800- MSI- HELP), 24 hours a day, 7 days a week to respond to customer' s: requests for Priority 1 support. Refer to Priority Level Response Time Goals for Priority 2, 3 and 4.
2. Motorola:::Solutions Response: Motorola Solutions will provide remote technical support service via telephone consultation for technical issues that require a high level of PremierOne Solution knowledge and troubleshooting capabilities. Remote technical support is delivered through the Motorola Solutions TSC by a staff of technical support' specialists skilled in diagnosis and swift resolution of PremierOne Solution performance and operational issues.
3. Case Management: Motorola Solutions will track the progress of each ticket from initial capture to resolution. Motorola Solutions will advise and inform the customer of the ticket progress and tasks that require further investigation and assistance from the customer' s technical resources.
Premierone Customer Support Plan Ess Kb 110421. Docx Page 17 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 469 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
4. 1 Software Maintenance Agreement ( SMA)
As new PremierOne Solution software releases become available, Motorola Solutions will provide the customer with the software required to execute an upgrade. Motorola Solutions Essential service includes remote upgrades of any On Demand (" OD") and Cumulative Update (" CU") Motorola Solutions software releases that may be available. Motorola Solutions will only provide releases that have been analyzed, pre-tested and certified in a dedicated test lab.
Motorola Solutions will post the releases to the MyView Portal for customer retrieval. If there are any recommended configuration changes, warnings, or work- arounds, Motorola Solutions will provide detailed documentation along with the releases on the:..website. The customer will be responsible for scheduling remote support for the application of OD/ Creleases U with the Motorola Solutions SCC. Customer will work with CSM for_the:'purchase of on:-site installation services with the Motorola Solutions System Implementation Organization as needed.
Releases means an Update or Upgrade to the Motorola Solutions Software and are , characterized as " On Demand Releases," " Cumulative Updates," "Standard Releases," br Product Releases." The content and timing of PremierOne Solution releases will be at Motorola Solutions sole discretion.
An " On Demand Release" is a release of Motorola Solutions Software that is done on demand to address critical issues like stability, performance or priority 1 or 2 1111functional issues.
A " Cumulative Update" is defined as arelee of MotorolaSolutions Software that contains error corrections to' an;:existingSastandard Release that do not affect the overall structure ofthe Motorola<Solutions Software. Cumulative Updates may contain product;enhancements,and improvements. Cumulative Updates will be superseded by thenext issued Cumulative Update.
A " Standard Release'? is defined as` a release of Motorola Solutions Software that may contain product enhancements and improvements, such as new databases, modifications to databases,';;or new servers, as well as error corrections. A Standard Release may involve:file and: database conversions, System configuration changes, hardware changes, additional training, on- site installation, and System downtime.
Standard Releases wiilll. contain all the content of prior On Demand Releases and Cumulative Updates thatare reasonably available ( content may not be reasonably available because of theproximity to the end of the release cycle and such content will be included in the next release.)
NOTE: An extra` fee is required for Standard Release upgrades, which may contain product enhancement and must be performed on- site A " Product Release" is defined as a release of Motorola Solutions Software considered the next generation of an existing product or a new product offering. If a question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola Solutions opinion will prevail, if Motorola Solutions treats the Product offering as a new Product or feature for its end user customers generally. 4111/ Premierone Customer Support Plan Ess Kb_ 110421. Docx Page 18 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 470 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
4.2 Security
Motorola Solutions will maintain industry standard security measures to protect the Solution from intrusion, breach, corruption or security risks. During the term of the Agreement, if the Solution enables access to FBI defined Criminal Justice Information ( CJI), Motorola Solutions will comply with the FBI Criminal Justice Information Services ( CJIS) Security Policy. Any additional security measure desired by customer may be available for an additional fee.
Motorola Solutions will provide the necessary information for its personnel that access customer CJI to submit to a background check based on submission ofiFBI fingerprint cards, complete CJIS Security Awareness Training and execute the CJIS Security Addendum. It is the customer's responsibility to determine when the background, credentialing process is required by Motorola Solutions personnel.
Customer is independently responsible for establishing and maintaining its own;policies and procedures and for ensuring compliance with CJIS and;;other security requirements; that are outside the scope of the Service provided. Customermust also establish and compliance with access control and identification and authenticationpolicies and procedures, including password security measures, lost and stolen credentials and account validation.
Further, customer must maintain industry. standard security andprotective data privacy measures. Motorola Solutions disclaims any responsibility or liability whatsoever for the security or preservation of Customer Data or Solution Data once accessed or viewed by customer or its representatives. Motorola Solutions further disclaims any responsibility or liability whatsoever for customer' s failure to maintain industry standard security and data privacy measures and controls or their role in CJIS Security Policy compliance. Motorola Solutions reserves the rightato terminate.the Service:if customer' s failure to maintain or comply with industry standard security and control measures negatively impacts the Service, Solution or Motorola Solutions own security measures
Both parties will maintain. and followa breach response plan consistent with the standards of their respective`industries to:include:CJIS Security Policy reporting.
5. LIMITATIONS AND EXCLUSIONS
The following activiti4 are outsiide' the scope of the Essential Support Services.
On- site visits%resources
Provisioning efforts
Replacement/ exchange of hardware not included in Exhibit A Motorola Solutions implementation or on- site upgrade and expansion services Premierone Customer Support Plan Ess Kb110421. Docx Page 19 • 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 471 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MMOTOROLA SOLUTIONS
6. SOFTWARE LIFECYCLE SERVICES ( OPTIONAL)
6. 1 Software Upgrade Services
Software Upgrade Services are defined as the labor services required to execute on the planning, delivering, testing and training of Motorola Solutions PremierOne Solution CAD standard releases of software to the customer when and if standard releases of software become available for those solutions components purchased as part of the: Motorola Solutions Maintenance and Support Agreement.
6. 2 Third- Party Coordinated Upgrade Services'
The Third- Party Coordinated Upgrade Services are defined as the labor serviices,required to coordinate upgrades of third- party partner solutions to:.occur in conjunction with Motorola Solutions Upgrade Services. As applicable, Motorola: Solutions may. deliver, test and provide training on those third- party partner solutions provided Motorola Solutions has been authorized to act on behalf of the third- party. Third- PartyCoordinated Upgrade Services will be provided in conjunction with PremierOne Solution upgrade services providing the latest version of vendor software generally available at the time Motorola Solutions Upgrade Services are being executed. Third- Party Coordinated Upgrade Services are provided for those solutions components identified in Exhibit: A, Covered Product. Support Pricing and Options contained within the Motorola Solutions Contract' Note: Third- Party Coordination` UpgradeServices do riot provide for upgrade activities of thirdparty general releases that'are not being:delivered in: conjunction with a Motorola Solutions standard release upgrade:::::
6. 3 Standard Release Software Upgrade Timing and Delivery Overview
When and if a standard;;release.version becomes available, Motorola Solutions will upgrade the PremierOne Solution suite up to once every two- year period commencing from year one of maintenance/ warranty agreement.
For software.;upgrades,:existing hardware and the existing PremierOne Solution interfaces will be re- utiliized with the upgraded PremierOne Solution software.
All upgrade activities will be coordinated and scheduled to occur at times that are mutually agreeable to the customer and Motorola Solutions. Scheduling of upgrade events will be completed at a minimum of thirty ( 30) business days prior to the commencement of upgrade activities.
PremierOne CAD update activities are not expected to require downtime. The rolling update approach is employed where one application server is taken offline, updated, then placed back online. The process is repeated until all application servers are updated, followed by the RDW server and the SCOM. While CAD updates are taking place, the system is up and operational; however, unforeseen circumstances may IIIresult in temporary unavailability of the System.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 20 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 472 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
Following the update of the production system, Motorola will update the Disaster Recovery system in the same manner as the production system update, including those interfaces supported on the Disaster Recovery system. Such tasks may be performed remotely.
Customer will act as liaison with all user agencies and other outside agencies and/ or organizations, if/as necessary.
6. 4 Upgrade Kickoff Teleconference
In order to finalize the upgrade project schedule and procedures, the upgrade event will be initiated with an " Upgrade Kickoff Teleconference" that includes key customer and Motorola Solutions project participants.
The objectives of this task are:
To introduce all project participants
Review roles of key participants
Review overall upgrade scope and objectivesti.
Review resource and scheduling requirements
Review testing methodology
Review and finalize project schedule with:customer.
Create testing plan to test PremierOne Solution•: upgrades on•;staging environment.
Review testing plan and acceptance criteria •
Review features/functions introduced in the new software release version
6. 4. 1 Motorola.;Solutions Responsibilities
Motorola Solutions Project Manager will direct MotorolaJSolutions efforts and serve as the primary point of contactfor the customer. The responsibilities of the Motorola Solutions Project Manager include:
Maintain project communications with the " Customer' s Project Manager." Manage the efforts of:Motorola' Solutions project team and coordinate Motorola Solutions activities withthe customer' s project team members.
Coordinate and oversee: the installation of all licensed Motorola Solutions application software.
Review and manage the scope of work for the upgrade activities.
Review the upgrade acceptance criteria.
6.4. 2 Customer Responsibilities
Customer will designate a Customer Project Manager who will direct customer' s efforts and serve as the primary point of contact for the Motorola Solutions Project Manager. The responsibilities of the Customer Project Manager include:
Maintain project communications with the Motorola Solutions Project Manager.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 21 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 473 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
0 Identify the efforts required of customer staff and assign appropriate resources to meet the customer' s task requirements described in this Statement of Work.
Liaison and coordinate with other customer agencies, other governmental agencies and the customer' s vendors, contractors and common carriers, as applicable.
Review and mutually approve upgrade acceptance criteria.
Completion Criteria
This task is considered complete upon conclusion of the Upgrade Kickoff Teleconference.
6. 5 Upgrade Preparation
The objective of this task is to perform the preparatory steps necessaryforthe PremierOne Solution upgrade.
6. 5. 1 Motorola Solutions Responsibilities
Perform scheduling and coordination tasks necessary to obtain required resources that will perform the upgrade of the PremierOne Solution Server software.
Confirm resource availability with customer and reconfirm task dates.
6. 5. 2 Customer Responsibilities;:;
III Perform backup of PremierOne Solution software and data files.
Completion Criteria:: ::
This task is considered complete when customer has'`the completed the on- site date backup.
6. 6 Staging Environment,
The objective of this series of task is to install the upgrade software on a staged system environment and validate release functionality.
6. 6. 1 Motorola Solutions Responsibilities
Remotely; create a staging environment on customer' s PremierOne Solution server( s) to; conduct and initial installation of the release software.
Travel to cutomersiiteto perform upgrade tasks.
Install the release` ersion of software on the staging environment.
Verify PremierOne Solution functionality in accordance with release criteria.
Notify customer of availability of the staging environment enabling customer to perform customer specific testing activities.
6. 6. 2 Customer Responsibilities
Observe testing on staging environment and acknowledge the delivery of the IIIfunctionality introduced in the release.
Premierone Customer Support Plan Ess Kb110421. Docx Page 22 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 474 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
Conduct testing on staging environment and notify Motorola Solutions of any II/ functional errors or anomalies.
Completion Criteria
This task is considered complete when the staging environment is available for customer testing.
6. 7 On-Site Upgrade Implementation
The objective of this task is to conduct on- site activities required to complete the upgrade of the PremierOne Solution.
6. 7. 1 Motorola Solutions Responsibilities
Travel to customer site to perform upgrade tasks::,
Bring down the production system.
Reconfigure the data volumes on each of theexisting- HP Blade Server as`'needed Convert PremierOne Solution CAD system files and or provisioning data files as required.
Test each interface connection to-'ensure operationaluse of the each with the newly installed Standard Release version. .
Modify those interfaces affected by.the installation of the Standard Release version and modify each as needed to provide: same functionality as: was provided prior to the installation of the Standard Release version
Test system and subsystem interfaces to. validate operation in accordance with the originally installed interface requirement document.
Assist in customer testing as requested by customer and verify that each PremierOne Solution subsystem component is. ready to resume production operations.
Install the applicable PremierOne Solution s• ubsystem client, application upgrades on client workstations.: as listediin the Exhibit A Covered Product, Support Pricing and Options.
Train customer on client upgrade: process.
Train: customer' s trainers/ supervisors on new or changed features and functions introduced through the' standard release of the PremierOne Solution.
6. 7. 2 Customer. Responsibilities
With Motorola Solutions assistance, coordinate the activities necessary to bring the production PremierOne Solution down, i. e. close incidents, sign units and users off duty.
Support Motorola Solutions software upgrade installation activities.
Provide and make available ( during business hours, 8: 00am to 5: 00pm) the appropriate lines for the testing of interfaces, to include 911, WWVB, Toning, etc.
Verify that the system is ready to resume production operations.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 23 • 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 475 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
Install the PremierOne Solution subsystem client on workstations beyond those upgraded by Motorola Solutions.
Train customer' s users on new or changed features and functions introduced through the standard release of the PremierOne Solution.
Completion Criteria
This task is considered complete when each PremierOne Solution subsystem component upgrade is verified by the customer to be available to resume production operation.
6. 8 PremierOne Solution Production Cutover
Upon verification that the upgraded PremierOne Solution is operational` and ready to resume production use, Motorola Solutions will assist the customer with resuming operations on the upgraded system.
6. 8. 1 Motorola Solutions Responsibilities:
Assist the customer staff in resuming production: operations on the upgraded system.
Provide up to eight hours of on- site support the day each upgraded subsystem III
6. 8. 2
component
Schedule
Customer
personnel
has
Responsibilities`.:.:,. '.;.:-...
resumed
to sport
s .. .
production
the resumption
u
of production use on the upgraded
system.
Completion Criteria'
This task is considered complete upon customer resuming production operation of each PremierOne Solution subsystem component.
6.9PremierOne Solution Upgrade Acceptance
The objective of this: task is to certify completion of the PremierOne Solution subsystem upgrade.
Completion Criteria
This task is considered complete upon customer resuming productive use of each affected PremierOne Solution subsystem component.
IIIPremierone Customer Support Plan Ess Kb110421. Docx Page 24 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 476 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
MOTOROLA SOLUTIONS
6. 10 Third- Party Partner Upgrade Activities
The objective of this task is to perform the upgrade steps required to install, configure and test those components of the overall solution components provided by third- parties. When and if third- party solution upgrades become available, third- party components will be upgraded in the same event as that of a PremierOne Solution component upgrade. Motorola Solutions will endeavor to coordinate the upgrade of generally available, or applicable, third- party vendor solutions to minimize the disruption of the customer' s operations. However, in cases where third- party release schedules do not align, Motorola Solutions will work with the customer to devise mutually agreeable schedules. As applicable, Motorola Solutions may deliver, test and provide training on those third- party solutions that Motorola Solutions has been authorized to act on behalf of a third- party.
6. 10. 1 Motorola Solutions Responsibilities
Coordinate with each third- party vendor to align schedules. with Motorola Solutions preparatory and on- site upgrade activities.
Schedule the activities of each third- party.
Witness third- party testing of upgraded software.
Attend third- party training of new"or changed features/ functionality introduced as part of each vendors software application. upgrade :
Validate customer' s use of the upgraded thirckpa0.system ina production environment.
Perform backup of third parfy: system software and data files.
Validate that the third- party upgraded component software functions per each thirdparty release specification.
Provide training to customer:trainers on features/ functions that may have been introduced by the resulting third- party component upgrade.
6. 10. 2 Customer' Responsibi,lities
Provide third- parties with remote and on- site access to systems enabling each to perform, their respective` upgrade activities.
Attend third- party features/ functions training as needed.
Witness third-;party testing of installed upgrade component software.
Provide training to users on the features/functions introduced by the third- party release version.
Completion Criteria
This task is considered complete upon customer validation that third- party components function in accordance with third- party vendor release specification.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 25 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 477 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
MOTOROLA SOLUTIONS
7. SUMMARY
7. 1 Summary
Our Support Plan includes the following key services elements:
Single point of contact- A Customer Support Manager who maintains close communication with you and serves as a point of escalation when service or support levels are not meeting expectations.
Systems Support Center: One place to report incidents and place requests - Reported incidents are correlated with alerts received from the; NSOC for reduced root cause determination.
Emergency Call Management Portal: Enhanced access to case status and resolution details.
Preventive Maintenance: Supporting optimal performance of the installed solution by performing periodic preventive maintenance reviews of the. sites environment,, hardware, and software.
Network Security Operations Center: Continuous, monitoring and response of the Motorola Solutions PremierOne Solution as well asproviding notification of critical and high alerts.
Technical Support Center: Staffed with subject matter experts to handle escalated tickets.
ii: i.,;::::. :: . :
7. 2 Benefits toYour Agency
Maximize Performance. Increase system uptime and quality of service through fast detection of service disruptions annd restoratioof services Save Time : Take back valuable minutes=and better allocate resources with proactive monitoring that::helps reduce truck rolls and IT support requests Rely on Trusted Support Team. Depend on our skilled team to be the first line of defense and have greater peace of mind
ReduceRisk. Gain visibility, enhance performance and increase cyber security with our full:suite of NSOC offerings.
8. CONDITIONS AND EXCLUSIONS
8. 1 Conditions
Motorola Solutions services enhance performance of your CAD systems. In order to provide a consistent level of quality services, the following conditions and limitations apply:
Remote monitoring, troubleshooting and restoration require that the customer provides direct remote access to all locations and equipment and that you have the 41111necessary equipment and connectivity available for the remote access session.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 26 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 478 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MOTOROLA SOLUTIONS
The customer must operate hardware and software in accordance with the 111 applicable Agreement between Motorola Solutions and the customer. Equipment may not be covered if exposed to misuse, damage, unauthorized modification or other abuse or used in a manner for which it was not designed.
Equipment must be operated in a normal environment and protected from adverse conditions, which may impact performance and/ or damage equipment.
8. 2 Exclusions
Motorola Solutions service and support obligations hereunder will not apply to any Motorola Solutions supported software or hardware if correction of an error, adjustment, repair or parts replacement is required because of:
Accident, neglect, tampering, misuse, improper/ insufficient grounding, failure of electric power, failure of the customer and/ or others to provide appropriate environmental conditions, relocation of hardwareor software, or causes other than ordinary use.
Repair or alteration, or attempted repair or alteration of any:supported hardware and/ or software by the customer or others, unless: otherwise approved in writing by Motorola Solutions.
Connection of another machine device,,application orinterface to Motorola Solutions supported equipment (hardware and/or software) by the,customer or others, which has caused damage to Motorola Solutions supported equipment.
Damage or destruction caused by natural or man- made acts. or disasters.
Failure or degradation; in performance of Motorola Solutions supported equipment hardware and/ or software) due>to the installation of another machine, device, application, or.interface not specifically certified and approved by Motorola Solutions for use in the customer' s environment.
The operation of the software ina` manner other than that currently specified in applicable: product documentation.``
Incompatible or.faulty customer hardware and/ or software interfaces.
Modifications marfkwithoit Motorola Solutions written approval to the OS, network, hardware or software environment or software applications.
Cosmetic repairs, furnishing consumables, supplies, or accessories, making accessory changes, system administration, or adding additional devices or nonapproved Motorola Solutions software applications.
Premierone Customer Support Plan_ Ess_ Kb_ 110421. Docx Page 27 • 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.© 2018 Motorola Solutions, Inc. All rights reserved.
Packet Pg. 479 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 Maintenance and Support Agreement- Exhibit C
LABOR RATES
MAINTENANCE AND SUPPORT AGREEMENT TERM:
CUSTOMER:
The following are Motorola' s current labor rates, subject to an annual change.
The following rates apply to Customers with a current, active Maintenance and Support Agreement.
Billable rates apply to services provided outside of the scope of the Maintenance and Support Agreement and outside the selected Service Level PPM:
S / ICEHOURS7, L BOR. RATES
8 a. m.- 5 p. m. M- F( local time) 223 per hour, 2 hours minimum After 5 p. m., Saturday, Sunday, Motorola Holidays 334 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement and apply to services available on a Time and Material basis:
a..
8 a. m.- 5 p. m. M- F ( local time) 446 per hour, 2 hours minimum After 5 p. m., Saturday, Sunday, Motorola Holidays 668 per hour, 2 hours minimum Above rates reflect labor rate only. Additional fees for on- site travel expenses, third party expenses and / or materials will be quoted at the time of customer request for services.
Terms and Conditions MOTOROLasoiurorvs
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 480 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126
FLEX MAINTENANCE AND SUPPORT ADDENDUM
This Flex Maintenance and Support Addendum (" Addendum"), is between Motorola Solutions, Inc., (" Motorola"), and Customer").
For good and valuable consideration, the parties agree as follows:
Section 1: Definitions
1. 1 " Coverage Hours" means the hours between 5: 00 a. m. and 6: 00 p. m., Mountain Time, Monday through Friday, excluding regularly scheduled holidays of Motorola.
1. 2 " Documentation" means all written or electronic user documentation for the Software provided by Motorola to Customer. Documentation does not include Motorola marketing materials.
1. 3 " Enhancement" means any modification or addition that, when made or added to the Software, changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction.
Motorola may designate Enhancements as minor or major, depending on Motorola' s assessment of their value and of the function added to the preexisting Software.
1. 4 " Error" means any failure of the Software to conform in all material respects to its functional specifications as published from time to time by Motorola, subject to the exceptions set forth in Section 4.
1. 5 " Error Correction" means either a software modification or addition that, when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity. Error Correction services are subject to the exceptions set forth in Section 4.
1. 6 " Primary Agreement" means the agreement to which this Addendum is attached.
1. 7 " Releases" means new versions of the Software, including all Error Corrections and Enhancements.
1. 8 " Response Time" means six ( 6) or less Coverage Hours, from the time Customer first notifies Motorola of • an Error until Motorola initiates work toward development of an Error Correction.
1. 9 " Software" means the package of Motorola computer program( s), interfaces and/ or data, in machinereadable form only, as well as related materials, including Documentation, initially or subsequently licensed by Customer. Software also includes all Utilities, modifications, new Releases and Enhancements.
Software" specifically excludes Third Party Software, except to the extent otherwise expressly stated in this Addendum.
1. 10 " System Application Administrator" means an agent of Customer appointed by Customer, who has been certified on the Software by Motorola, pursuant to the procedures set forth in Section 6 hereof, and is able to communicate effectively with Motorola support personnel in the description and resolution of problems associated with the Software.
1. 11 " Support Term" means the entire period during which Customer is receiving support services for the Software under the terms of this Support Addendum, beginning on the installation date of the Software.
Support services are included during the Software' s Warranty Period, as defined in Section 6. 1 of Motorola' s Software License Agreement, which is the " Initial Support Term." Thereafter, the Support Term shall automatically renew for successive periods of one year each, unless and until terminated pursuant to Section 8 hereof. In no event, however, shall the Support Term extend beyond the term of the Software License.
1. 12 " Third Party Software" means software owned by third parties, whether ( i) licensed by the third party to Motorola for distribution to Motorola' s customers with the Software, such as mapping software, database software, paging software or open source software, or( ii) separately acquired by Customer as necessary or appropriate for use in conjunction with the Software, such as word processors, spreadsheets, terminal emulators, etc.
Terms and Conditions MOTOROLA SOLUTIONS •
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 481 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126
1. 13 " Utilities" means the software utilities and tools provided by Motorola as part of the Software, including Motorola' s XML Query, ODBC interface and implementation code, ctperl, dbdump, and dbload, as well as any other software utilities provided by Motorola in connection with the Software.
Section 2: Eligibility For Support
2. 1 Support Termination. Motorola' s obligation to provide the support and maintenance services described in this Support Addendum with respect to the Software may be terminated pursuant to Section 8. 2. 2 or suspended, at Motorola' s discretion, if at any time during the term of this Support Addendum any of the following requirements are not met:
2. 1. 1 The Software License must remain valid and in effect at all times;
2. 1. 2 The Software must be operated on a hardware platform, operating system and version approved by Motorola; and
2. 1. 3 Customer must be current on payment of maintenance and support fees.
2. 2 SAA Replacement. Motorola may require Customer to appoint a new Motorola Application Administrator SAA") in order to continue receiving support services or increase Customer' s support fees, if Motorola reasonably determines that the acting SAA does not have the training or experience necessary to communicate effectively with Motorola support personnel.
Section 3: Scope of Services
During the Support Term, Motorola shall render the following services in support of the Software, during Coverage Hours:
3. 1 Support Center. Motorola shall maintain a Support Services Control Center capable of receiving from the SAA reports of any software irregularities, and requests for assistance in use of the Software.
3. 2 Services Staff. Motorola shall maintain a trained staff capable of rendering support services set forth in this IDSupport Addendum.
3. 3 Error Correction. Motorola shall be responsible for using all reasonable diligence in correcting verifiable and reproducible Errors when reported to Motorola in accordance with Motorola' s standard reporting procedures.
Motorola shall, after verifying that such an Error is present, initiate work within the Response Time in a diligent manner toward development of an Error Correction. Following completion of the Error Correction, Motorola shall provide the Error Correction through a" temporary fix" consisting of sufficient programming and operating instructions to implement the Error Correction and Motorola shall include the Error Correction in all subsequent Releases of the Software. Motorola supports two( 2) versions back from the most recent release version. However, Motorola may, but is not obligated to, provide Error Corrections for any version of the Software other than the most recent Release.
3. 4 Software Releases. Motorola may, from time to time, issue new Releases of the Software to its Customers generally, containing Error Corrections, minor Enhancements, and, in certain instances, if Motorola so elects, major Enhancements. Motorola reserves the right to require additional license fees for major Enhancements.
Motorola shall provide Customer with one copy of each new Release, without additional charge. Motorola shall provide reasonable assistance to help Customer install and operate each new Release, provided that such assistance, if required to be provided at Customer' s facility, shall be subject to the supplemental charges set forth in Motorola' s current Fee Schedule.
3. 5 Enhancements. Motorola shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer' s requests for additional services pertaining to the Software including, without limitation, data conversion and report-formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplemental charges mutually agreed to in writing by Motorola and Customer.
Section 4: Services Not Covered by this Support Addendum The services identified in this section are NOT covered by this Support Addendum. Motorola strongly recommends that Customer secure a separate support agreement with third party vendors for all non- Motorola products. Motorola IIITerms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 482 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 may, in its discretion, provide such services to Customer upon request, for an additional fee as the parties may • agree in writing.
4. 1 Third Party Products. Motorola will not provide support for any third party products, including hardware, or support for hardware failure due to the use of any third party products. Motorola may in its discretion provide first- line support for Third Party Software distributed by Motorola; if not, Motorola will refer Customer to the vendor of such software for resolution of support issues.
4. 2 Customized Interfaces and Software. Motorola' s standard support does not include support for any custom interfaces or other customized Software developed by Motorola or any third party for Customer. Support and maintenance services for customized Software are subject to an additional support fee, if agreed in writing between the parties. Such support and maintenance services include bug fixes and minor modifications to the custom interface or software. They do NOT include major revisions or rewrites, such as those required to make a custom interface work with a new or upgraded version of the applicable third party software. Custom interfaces and support therefore are specific to the designated version of the applicable third party software or system. Any major changes to such third party software or system will require a new custom quote for Motorola to modify the custom interface to work with the new version of the third party software or system.
Motorola' s support fees may also differ for the new version of the custom interface.
4. 3 Network Failures. Motorola will not provide support for any network failures or problems including, but not limited to, cabling, communication lines, routers, connectors, and network software.
4. 4 Data Recovery. Motorola' s standard support does not include restoration and/ or recovery of data files and/ or the operating system. Motorola will, upon request of Customer and subject to its then- current fees for such services, use reasonable efforts to assist Customer in recovering lost data.
4. 5 Unauthorized Use. Motorola will not provide support where the problem arises out of any breach of warranty, damages to the Software or its database, data corruption, or support issues, security issues, or performance issues arising out of Customer's or a third party's use of the Utilities or any software not specifically licensed by Motorola to Customer for use in connection with the Software. Any assistance provided by Motorola in resolving such problems shall be charged to Customer on a time and materials basis. Additionally, any • unauthorized use of the Utilities or other software in connection with the Software by Customer( or by a third party with Customer's knowledge) may result, at Motorola' s sole option, in voidance of warranties, an increase in the annual maintenance and support fees under this Support Addendum, and/ or loss of rights to upgrades under this Support Addendum.
4. 6 Database Modifications. Motorola will not provide support for any damages to or problems with the Software or its database, data corruption, support issues, security issues, or performance issues arising from Customer' s utilization of the "write" feature of the ODBC interface to write to or modify the database in any way.
4. 7 Misuse or Damage. Motorola will not provide support for Software problems caused by Customer misuse, alteration or damage to the Software or Customer' s combining or merging the Software with any hardware or software not supplied by or identified as compatible by Motorola, customizing of programs, accident, neglect, power surge or failure, lightning, operating environment not in conformance with the manufacturer' s specifications ( for electric power, air quality, humidity or temperature), or Third Party Software or hardware malfunction.
4. 8 Operating System. Motorola is not responsible for supporting, configuring, maintaining, or upgrading the operating system, including, but not limited to, backups, restores, fixes, and patches, or for providing assistance with problems caused by operating system installation, configuration, errors, maintenance or repair, or using incorrect versions of the operating system.
4. 9 Onsite Visits. Onsite service visits to Customer' s facility by Motorola are subject to additional charges, as set forth in Section 7. 5.
4. 10 Printers. Motorola is not responsible for supporting printers connected to the back of terminals/ personal computers (commonly called pass-through printing) or network printers are not supported by Motorola.
Terms and Conditions MOTOROLA SOLUTIONS •
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 483 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS-000124126 Section 5: Obligations of Customer
5. 1 Software Connectivity. Customer must maintain and provide, at no cost to Motorola, a CJIS- approved broadband internet connection to the server used with the Software, 24 hours per day, 7 days per week, to facilitate remote support utilities enabling Motorola support personnel to connect to and provide assistance with the server used with the Software. Third party connectivity tools, such as client VPN software, which must be installed on Motorola equipment, cannot be required by Customer.
5. 2 Customer Representative During Onsite Visits. Customer' s SAA or another authorized representative of Customer must be present when any onsite support is provided. Customer agrees that if such representative is not present when the Motorola representative arrives onsite, the Motorola representative shall notify an appropriate representative of Customer, if feasible, that there is no Customer IT representative present. If Customer' s IT representative does not arrive within a reasonable time, no work will be performed and Customer will be charged for Motorola' s expenses relating to the visit. If Motorola' s on- site support person determines that changes to Customer' s system ( hardware or software) are required or advisable, it will inform Customer' s representative. If such representative is not authorized to make or approve changes to Customer' s system, as applicable, Customer will promptly make available such a person.
5. 3 English Language. All communications between Customer and Motorola must be in the English language.
5. 4 SAA Assignment. Customer is responsible for providing one or more qualified Motorola Application Administrators as described in Section 6 hereof. At least one authorized representative, identified to Motorola by Customer in writing with contact information, must be available at all times; however, after- hours availability is required only when and if Customer is requesting after- hours support from Motorola.
5. 5 Security. Customer is responsible for providing all network and server security.
5. 6 Error Information. Customer must provide Motorola with information sufficient for Motorola to duplicate the circumstances under which an Error in the Software became apparent.
5. 7 CJIS Compliance. Customer is responsible for its own adherence to the FBI Criminal Justice Information III Services ( CJIS) Security Policy, the Health Insurance Portability and Accountability Act of 1996 ( HIPAA) ( to the extent applicable) and any other applicable security and privacy laws and regulations. Motorola will reasonably cooperate with Customer in connection therewith.
Section 6: SAA and Support Contact Requirements
6. 1 Certification. Customer' s designated SAA must be certified by Motorola within one year of the date of Customer' s cutover to live operation of the Software(" Go- live"). The designated SAA must meet the following requirements in order to certify at the basic level:
6. 1. 1 Attend and participate in, and successfully pass the final written and practical examinations from the following courses within one hundred twenty( 120) days of installation of the Software:
i. System Introduction— Inquiry,
ii. System Introduction— Data Entry& Modification,
iii. Basic System Administration, and
iv. General training applicable to the Software used by Customer.
6. 1. 2 Pass the Basic SAA exam within one year after the agency' s Go- live date.
6. 2 SAA Training Costs. Customer will be responsible for the costs of such training, including any course fees, travel, and lodging expenses.
6. 3 SAA and Support Contact Information. Contact information for Customer' s SAA( s) and other authorized support contacts must be provided by Customer to Motorola' s Technical Services department. Any changes to Customer' s SAA and support contacts names and contact information must be promptly provided to Motorola' s support department.
IIITerms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS-000124126/ CAP21P275A
Packet Pg. 484 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126
6. 4 Qualifications. Each designated SAA and Customer support contact must be qualified to address, or have • other support resources to address, without the aid of Motorola, all problems relating to hardware, software, or operating system not directly associated with the Software.
Section 7: Fees and Charges
7. 1 Support Fees. During the Initial Support Term, support services are included as part of the initial purchase price paid by Customer. Thereafter, Customer shall pay Motorola the applicable support fees or Motorola support invoice, and any other charges or fees described herein. Motorola reserves the right to change its support fee, effective upon no less than 90 days written notice to Customer prior to the end of the current annual period.
7. 2 Support Fee Invoices. Motorola shall invoice Customer for annual Support Fees at the beginning of each contract year. In the event that additional billable work is performed, all billable charges and expenses will be invoiced to Customer at the beginning of the month following the month in which those charges and expenses accrued or were incurred. Customer shall pay the invoiced amounts immediately upon receipt of such invoices. Any amount not paid within thirty ( 30) days after the invoice date shall bear interest at the rate of eighteen ( 18) percent per year or the highest rate allowed by applicable law, whichever is less.
7. 3 Equipment Fees. Customer shall be responsible for and agrees to pay the fees and charges incurred for procuring, installing, and maintaining all equipment, telephone lines, modems, communications interfaces, networks, and other products necessary to operate the Software.
7. 4 After- Hours Charges. Customer agrees to pay additional charges according to the Motorola Fee Schedule for all work required by Customer and performed outside of Coverage Hours. These charges are applicable for any work performed outside of the Coverage Hours, REGARDLESS OF THE CAUSE, even if the requested work was reported and/ or initiated during normal Coverage Hours.
7. 5 Onsite Support If Customer requests onsite support services, Customer shall reimburse Motorola for all labor, travel, and related expenses incurred by Motorola in providing such support services.
7. 6 Additional Fees. Additional support fees may be required by Motorola if there is a significant increase in • Customer's size with respect to use of the Software. An increase in size may arise either out of Customer' s internal growth or out of a Host Agency/ Shared Agency arrangement, if applicable. Relevant factors include number of employees, number of dispatchers and/ or number of jail beds. Payment of such additional Support Fees is due within thirty( 30) days of the date of the invoice for such fees. Such fees will be prorated, based upon the date during the contract year the increase in Customer' s size occurred. Additionally, Motorola may adjust support fees based on changes in ( 1) additional licenses or modules purchased by Customer, ( 2) Customer' s hardware, ( 3) the Coverage Hours selected by Customer, or ( 4) Customer' s violation of the restrictions set forth in Section 4. 5 hereof.
7. 6. 1 Inflation Adjustment. At the end of the first year of the Addendum and each year thereafter, a CPI percentage change calculation shall be performed using the U. S. Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas ( CPI- U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the New Year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% ( 8% 3% base).
Section 8: Termination
8. 1 Automatic Termination. This Support Addendum shall automatically terminate immediately upon termination of the Software License for any reason.
8. 2 Termination by a Party. Either party may terminate this Support Addendum as follows:
8. 2. 1 If either Motorola or Customer provides a written notice to the other party, at least 90 days prior to the end of the then- current Support Term, of its intent to terminate this Support Addendum at the end of such Support Term; or
Terms and Conditions MOTOROLA SOLUTIONS •
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 485 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Redding Police Department November 3, 2021
PremierOne CAD, Mobile,& Records System with CommandCentral Responder PS- 000124126 ID 8. 2. 2 Upon 30 days prior written notice, if the other party has materially breached any provision of this Support Addendum and the offending party has not cured such breach within the 30- day notice period.
8. 3 Final Invoicing upon Termination. Following termination of this Support Addendum, Motorola shall immediately invoice Customer for all accrued fees, charges, and reimbursable expenses; and Customer shall pay the invoiced amount immediately upon receipt of such invoice.
Section 9: General
9. 1 Incorporation of Additional Terms. The terms of Section 2. 1 ( Products); Section 6. 5( Warranty Disclaimer); Section 8 ( Limitation of Liability); Sections 9 & 10 ( Confidentiality and Proprietary Rights); Section 12 Disputes); and all of the General provisions in Section 13 are hereby incorporated into this Agreement by reference.
ID
Terms and Conditions MOTOROLA SOLUTIONS
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
PS- 000124126/ CAP21P275A
Packet Pg. 486 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER 2017 IoT ENTERPRISE CORE
These license terms are an agreement between you and:
the server manufacturer that distributes the software with the server; or the software installer that distributes the software with the server.
Please read them. They apply to the software included on the server, which includes the media on which you received the software, if any.
The terms also apply to any Microsoft
updates,
supplements,
Internet- based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you. Printed paper license terms, which may come with the software, take place of any onscreen license terms.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, CONTACT THE MANUFACTURER OR INSTALLER TO DETERMINE ITS REFUND POLICY FOR A REFUND OR CREDIT.
IMPORTANT NOTICE: AUTOMATIC UPDATES TO PREVIOUS VERSIONS OF SQL SERVER. If this software is installed on servers or devices running any supported editions of SQL Server prior to SQL Server 2017 ( or components of any of them) this software will automatically update and replace certain files or features within those editions with files from this software. This feature cannot be switched off.
Removal of these files may cause errors in the software and the original files may not be recoverable. By installing this software on a server or device that is running such editions you consent to these updates in all such editions and copies of SQL Server ( including components of any of them) running on that server or device.
The software enables Microsoft to collect telemetry by default. You may turn off telemetry at the Server and client levels by following the instructions at http:// go. microsoft. com/ fwlink/? LinkID= 733886. There are separate controls to turn off telemetry at the Server level and the client level. If you turn off telemetry at the Server level only, Microsoft will collect telemetry through the client level unless you also turn off telemetry at the client level.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SERVER YOU PROPERLY LICENSE.
1. OVERVIEW.
1. 1 Software. The software includes
server software, and
additional software that may only be used with the server software directly, or indirectly through other additional software.
1. 2 License Model. The software is licensed based on the number of physical and/ or virtual Packet Pg. 487 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola cores in the server.
1. 3 Licensing Terminology.
Instance. You create an " instance" of the software by executing the software' s setup or install procedure. You also create an instance of the software by duplicating an existing instance. References to the" software" in this agreement include" instances" of the software.
Run an Instance. You" run an instance" of the software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running ( whether or not its instructions continue to execute) until it is removed from memory.
Operating System Environment(" OSE"). An" operating system environment" or OSE" is
i) all or part of an operating system instance, or all or part of a virtual ( or otherwise emulated) operating system instance which enables separate machine identity primary computer name or similar unique identifier) or separate administrative rights; and
ii) instances of applications, if any, configured to run on the operating system instance or part identified above.
A physical hardware system can have either or both of the following:
i) one physical operating system environment;
ii) one or more virtual operating system environments.
A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software or to provide hardware virtualization services ( e. g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment.
A virtual operating system environment is configured to run on a virtual ( or otherwise emulated) hardware system.
Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
Physical Core. A physical core is a core in a physical processor. A physical processor consists of one or more physical cores.
Hardware Thread. A hardware thread is either a physical core or a hyper-thread in a physical processor.
Virtual Core. A virtual core is the unit of processing power in a virtual ( or otherwise emulated) hardware system. A virtual core is the virtual representation of one or more hardware threads. Virtual OSEs use one or more virtual cores.
Assigning a License. To assign a license is to designate that license to a server.
2. USE RIGHTS.
2. 1 Licensing a Server. The manufacturer or installer has determined a certain number of server software licenses and assigned those licenses to the server with which the software was distributed. Before you run instances of the server software on the server, you must determine the number of software licenses required based on the options described below.
You must ensure that you received the appropriate number of licenses with the server.
Certificate of Authenticity label( s) may be found affixed to the server and/ or in the manufacturer' s or installer' s software packaging. You may need to acquire additional server Packet Pg. 488 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) software licenses to run your instances of the server software. Any additional licenses you acquire from the manufacturer or installer will be subject to these license terms. Licenses you acquire from other sources will be subject to the terms that accompany them.
2. 2 Determining the Number of Licenses Required. You have two license options:
a) Physical Cores on a Server. You may license based on all of the physical cores on the server. If you choose this option, the number of licenses required equals the number of physical cores on the server subject to a minimum of four licenses per processor. b) Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software. If you choose this option, for each virtual OSE in which you run the server software, you need a number of licenses equal to the number of virtual cores in the virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count toward the minimum requirement of four licenses per virtual OSE.
2. 3 Assignment of the Required Number of Licenses to the Server. a) The software license is permanently assigned to the server with which you acquired the software. That server is considered the" licensed server" for such license. You may not assign a license to more than one server. A hardware partition or blade is considered a separate server.
b) You must ensure that you received the appropriate number of licenses with the server.
Certificate of Authenticity label( s) may be found affixed to the server and/ or in the manufacturer' s or installer' s software packaging. You may need to acquire additional server software licenses to run your instances of the server software. Any additional licenses you acquire from the manufacturer or installer will be subject to these license terms. Licenses you acquire from other sources will be subject to the terms that accompany them.
2. 4 Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the number of software licenses required:
a) Physical Cores on a Server. For each server that is assigned licenses as provided in Section 2. 2( a), you may run on the licensed server any number of instances of the server software in a number of physical and/ or virtual OSEs equal to the number of licenses assigned to that server. Thereafter, for each additional license that you assign to the licensed server under section 2. 2( a), you may run instances of the server software in an additional OSE on that licensed server.
b) Individual Virtual OSE. For each virtual OSE that is assigned licenses as provided in section
2. 2( b), you have the right to run any number of instances of the server software in that virtual OSE.
2. 5 Alternative Versions and Editions. In place of any permitted instance, you may create, store and use an instance of any earlier version or lower edition.
This agreement applies to your use of these other versions or editions in this manner. If the earlier version or edition includes components not covered in this agreement, the terms that are associated with those components in the earlier version or edition apply to your use of them.
Neither the manufacturer or installer, nor Microsoft is obligated to supply any prior or different versions or editions of the software to you.
The software may include more than one version, such as 32- bit and 64- bit. For each instance of the software that you are permitted to create, store and run, you may use either version.
2. 6 Running Instances of the Additional Software. You may run or otherwise use any Packet Pg. 489 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) number of instances of the additional software listed below in physical or virtual operating system environments on any number of devices. You may use the additional software only with the server software directly, or indirectly through other additional software.
Client Tools Connectivity
Documentation Components
2. 7 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you acquire. a) You may create any number of instances of the server software and additional software. b) You may store instances of the server software and additional software on any of your servers or storage media.
c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described ( e. g., you may not distribute instances to third parties).
3. ADDITIONAL LICENSING REQUIREMENTS AND/ OR USE RIGHTS.
3. 1 Specific Use. The manufacturer or installer designed this server for a specific use. You may only use the software for that use
You may only use the software with the integrated software application or suite of applications installed by the manufacturer or installer on the system (" Integrated Application").
You may not use the software to support additional software programs or functions, other than utilities or similar software used solely for administration, performance enhancement, and preventative maintenance for this server.
3. 2 Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or virtual OSEs on the server.
3. 3 Multiplexing. Hardware or software you use to
pool connections,
reroute information, or
reduce the number of devices or users that directly access or use the software sometimes referred to as" multiplexing" or" pooling"),
does not reduce the number of licenses of any type that you need.
3. 4 No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless expressly permitted. This applies even if the OSEs are on the same physical hardware system.
3. 5 SQL Server Reporting Services Map Report Item. Reporting Services Map Item may use Bing Maps. You may only use the content provided through Bing Maps, including geocodes, within Reporting Services Map Item. Your use of Bing Maps is also governed by the Bing Maps End User Terms of Use available at http:// go. microsoft. com/? linkid= 9710837 and the Bing Maps Privacy Statement available at http:// go. microsoft. com/ fwlink/? LinkID= 248686.
3. 6 Included Microsoft Programs. The software includes other Microsoft programs listed at http:// go.microsoft. com/ fwlink/? LinkID= 298186. Microsoft is making these programs available to you as a convenience only, and these programs are licensed and supported under their own separate terms and policies. You may only use these programs in conjunction with the software licensed here. If you do not agree to the license terms for these programs, you may not use them.
3. 7 Runtime- Restricted Use Software. The software is" Runtime Restricted Use" software.
Packet Pg. 490 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) You may only use the software to run the Integrated Application. You may not use the software to develop new applications, databases, or tables. You also may not use the software with existing applications, databases, or tables, other than those in the Integrated Application. You may, to configure or extend the Integrated Application, use a tool to run queries or reports from existing tables, or use a development environment or workbench that is part of the Integrated Application.
4. THIRD PARTY NOTICES. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software. Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages below also apply.
5. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for use of the keys assigned to you. You may not share the keys with third parties. You may not use keys assigned to third parties.
6. INTERNET- BASED SERVICES. Microsoft provides Internet- based services with the software. It may change or cancel them at any time.
7. BENCHMARK TESTING. You must obtain Microsoft' s prior written approval to disclose to a third party the results of any benchmark test of the software.
8. . NET FRAMEWORK SOFTWARE. The software contains Microsoft . NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the . NET Framework software.
9. SCOPE OF LICENSE. The software is licensed, not sold. Unless applicable law gives you more rights, Microsoft reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent: (i) permitted by applicable law, despite this limitation or( ii) required to debug changes to any libraries licensed under the GNU Lesser Public License that are included with and linked to by the software; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software, including any application programming interfaces included in the software, for others to copy;
share or otherwise distribute documents, text or images created using the software Data Mapping Services features;
rent, lease or lend the software; or
use the software for commercial software hosting services.
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software.
Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.
10. CANADA. You may stop receiving updates by turning off the automatic update feature or by 4111 Packet Pg. 491 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) turning off Internet access. Refer to the product documentation to learn how to turn off updates for your specific device or software.
11. BACKUP COPY, SECONARY BOOT COPY, AND RECOVERY COPY.
11. 1 Back up Copy. You may make one backup copy of the software media. You may use it only to create instances of the software.
11. 2 Recovery Copy. You may use recovery copy solely to repair or reinstall the server software on the server.
12. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
13. RESTRICTED USE. The Microsoft software was designed for systems that do not require faulttolerant performance. You may not use the Microsoft software in any device or system in which a failure or fault of any kind of the software could reasonably be seen to lead to death or serious bodily injury of any person, or to severe physical or environmental damage.
14. LEASED HARDWARE. If you lease the server from the manufacturer or installer, the following additional terms shall apply
a) you may not transfer the software to another user as part of the transfer of the server, whether or not a permanent transfer of the software with the server is otherwise allowed in these license terms;
b) your rights to any software upgrades shall be determined by the lease you signed for the server; and
c) you may not use the software after your lease terminates, unless you purchase the server from the manufacturer or installer.
15. GENUINE PROOF OF LICENSE. If you acquired the software on the server, a disc, or other media, a genuine Certificate of Authenticity label with a genuine copy of the software identifies the licensed software. To be valid, this label must be affixed to the server or appear on the manufacturer' s or installer' s software packaging. Certificate of Authenticity labels for additional licenses will be affixed to packaging by the manufacturer or installer. If you receive the label in any other manner, it is invalid. You should keep the label on the server or retain any labels on the packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see www. howtotell. com.
16. TRANSFER TO A THIRD PARTY. You may transfer the software only with the licensed server, all Certificate of Authenticity label( s), any additional licenses included with the server, and this agreement directly to a third party. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. You may not retain any instances of the software unless you also retain another license for the software. The provisions of this section do not apply if you acquired the software as a consumer in Germany or in any of the countries listed on this site ( aka. ms/ transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
17. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www. microsoft. com/ exporting.
18. SUPPORT SERVICES. Contact the manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft provides support as described at
www. support. microsoft. com/ common/ international. aspx.
19. ENTIRE AGREEMENT. This agreement( including the warranty below), and the terms for supplements, updates, Internet- based services and support services that you use, are the entire Packet Pg. 492 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola agreement for the software and support services.
20. APPLICABLE LAW.
20. 1 United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
20. 2 Outside the United States. If you acquired the software in any other country, the laws of that country apply.
21. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
22. NO WARRANTIES FOR THE SOFTWARE. The software is provided" as is". You bear all risks of using it. Microsoft gives no express warranties, guarantees, or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft, or its affiliates. When allowed by your local laws, the manufacturer or installer and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non- infringement.
23. LIMITATION ON AND EXCLUSION OF DAMAGES. EXCEPT FOR ANY REFUND THE
MANUFACTURER OR INSTALLER MAY PROVIDE, YOU CANNOT RECOVER ANY DAMAGES,
INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content( including code) on third party Internet sites, or third party programs, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses, or
the manufacturer or installer, or Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
24. FOR AUSTRALIA ONLY. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.
For further information regarding this warranty and to claim expenses in relation to the warranty ( if applicable), please contact the manufacturer or installer; see the contact information provided in the system packaging.
Packet Pg. 493 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER 2017 IoT STANDARD
These license terms are an agreement between you and:
the server manufacturer that distributes the software with the server; or the software installer that distributes the software with the server.
Please read them. They apply to the software included on the server, which includes the media on which you received the software, if any.
The terms also apply to any Microsoft
updates,
supplements,
Internet- based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements directly from Microsoft, Microsoft, and not the manufacturer or installer, licenses those to you. Printed paper license terms, which may come with the software, take place of any onscreen license terms.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, CONTACT THE MANUFACTURER OR INSTALLER TO DETERMINE ITS REFUND POLICY FOR A REFUND OR CREDIT.
IMPORTANT NOTICE: AUTOMATIC UPDATES TO PREVIOUS VERSIONS OF SQL SERVER. If this software is installed on servers or devices running any supported editions of SQL Server prior to SQL Server 2017 ( or components of any of them) this software will automatically update and replace certain files or features within those editions with files from this software. This feature cannot be switched off.
Removal of these files may cause errors in the software and the original files may not be recoverable. By installing this software on a server or device that is running such editions you consent to these updates in all such editions and copies of SQL Server ( including components of any of them) running on that server or device.
The software enables Microsoft to collect telemetry by default. You may turn off telemetry at the Server and client levels by following the instructions at http:// go. microsoft. com/ fwlink/? LinkID= 733886. There are separate controls to turn off telemetry at the Server level and the client level. If you turn off telemetry at the Server level only, Microsoft will collect telemetry through the client level unless you also turn off telemetry at the client level.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SERVER YOU PROPERLY LICENSE.
1. OVERVIEW.
1. 1 Software. The software includes
server software, and
additional software that may only be used with the server software directly, or indirectly through other additional software.
1. 2 License Model. The software is licensed based on either the:
a) Core License Model — the number of physical and/ or virtual cores in the server; or Packet Pg. 494 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) b) Server + Client— the number of operating system environments ( OSEs) in which the server software is run, and the number of devices and users that access instances of the server software.
1. 3 Licensing Terminology.
Instance. You create an" instance" of the software by executing the software' s setup or install procedure. You also create an instance of the software by duplicating an existing instance. References to the" software" in this agreement include" instances" of the software.
Run an Instance. You " run an instance" of the software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running ( whether or not its instructions continue to execute) until it is removed from memory.
Operating System Environment(" OSE").
An" operating system environment" or" OSE" is
i) all or part of an operating system instance, or all or part of a virtual ( or otherwise emulated) operating system instance which enables separate machine identity primary computer name or similar unique identifier) or separate administrative rights; and
ii) instances of applications, if any, configured to run on the operating system instance or parts identified above.
A physical hardware system can have either or both of the following:
i) one physical operating system environment;
ii) one or more virtual operating system environments.
A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software or to provide hardware virtualization services ( e. g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment.
A virtual operating system environment is configured to run on a virtual ( or otherwise emulated) hardware system.
Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
Physical Core. A physical core is a core in a physical processor. A physical processor consists of one or more physical cores.
Hardware Thread. A hardware thread is either a physical core or a hyper- thread in a physical processor.
Virtual Core. A virtual core is the unit of processing power in a virtual ( or otherwise emulated) hardware system. A virtual core is the virtual representation of one or more hardware threads. Virtual OSEs use one or more virtual cores.
Assigning a License. To assign a license is to designate that license to a server, device or user as indicated below.
2. USE RIGHTS FOR CORE LICENSE MODEL.
2. 1 Licensing a Server. The manufacturer or installer has determined a certain number of server software licenses and assigned those licenses to the server with which the software was distributed. Before you run instances of the server software on a server, you must determine the number of software licenses required based on the options described below.
Packet Pg. 495 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) You must ensure that you received the appropriate number of licenses with the server.
Certificate of Authenticity label( s) may be found affixed to the server and/ or in the manufacturer' s or installer' s software packaging. You may need to acquire additional server software licenses to run your instances of the server software. Any additional licenses you acquire from the manufacturer or installer will be subject to these license terms. Licenses you acquire from other sources will be subject to the terms that accompany them.
2. 2 Determining the Number of Licenses Required. You have two license options:
a) Physical Cores on a Server. You may license based on all of the physical cores on the server. If you choose this option, the number of licenses required equals the number of physical cores on the server subject to a minimum of four licenses per processor. b) Individual Virtual OSE. You may license based on the virtual OSEs within the server in which you run the server software. If you choose this option, for each virtual OSE in which you run the server software, you need a number of licenses equal to the number of virtual cores in the virtual OSE, subject to a minimum requirement of four licenses per virtual OSE. In addition, if any of these virtual cores is at any time mapped to more than one hardware thread, you need a license for each additional hardware thread mapped to that virtual core. Those licenses count toward the minimum requirement of four licenses per virtual OSE.
2. 3 Assignment of the Required Number of Licenses to the Server. a) The software licenses are permanently assigned to the server with which you acquired the software. That server is considered the" licensed server" for such license. You may not assign a license to more than one server. A hardware partition or blade is considered a separate server.
b) You must ensure that you received the appropriate number of licenses with the server.
Certificate of Authenticity label( s) may be found affixed to the server and/ or in the manufacturer' s or installer' s software packaging. You may need to acquire additional server software licenses to run your instances of the server software. Any additional licenses you acquire from the manufacturer or installer will be subject to these license terms. Licenses you acquire from other sources will be subject to the terms that accompany them.
2. 4 Running Instances of the Server Software. Your right to run instances of the server software depends on the option chosen to determine the number of software licenses required:
a) Physical Cores on a Server. For each server that is assigned licenses as provided in Section 2. 2( a), you may run on the licensed server any number of instances of the server software in the physical OSE.
b) Individual Virtual OSEs. For each virtual OSE that is assigned licenses as provided in section 2. 2( b), you have the right to run any number of instances of the software in that virtual OSE.
2. 5 No Client Access Licenses ( CALs) Required for Access. Under this core license model, you do not need CALs for users or devices to access your instances of the server software.
3. USE RIGHTS FOR SERVER + CLIENT ACCESS LICENSE MODEL
3. 1 Assignment of the License to the Server.
a) The software license is permanently assigned to the server with which you acquired the software. That server is considered the" licensed server" for such license. You may not assign the same license to more than one server, but you may assign other software licenses to the same server. A hardware partition or blade is considered to be a separate server.
Packet Pg. 496 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) b) You must ensure that you received the appropriate number of licenses with the server.
Certificate of Authenticity label( s) may be found affixed to the server and/ or in the manufacturer' s or installer' s software packaging. You may need to acquire additional server software licenses to run your instances of the server software. Any additional licenses you acquire from the manufacturer or installer will be subject to these license terms. Licenses you acquire from other sources will be subject to the terms that accompany them.
3. 2 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you acquire. a) You may create any number of instances of the server software and additional software. b) You may store instances of the server software and additional software on any of your servers or storage media.
c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described ( e. g., you may not distribute instances to third parties).
3. 3 Client Access Licenses ( CALs).
a) Initial Assignment of CALs. You must acquire and assign a SQL Server 2017 CAL to each device or user that accesses your instances of the server software directly or indirectly. A hardware partition or blade is considered to be a separate device.
You do not need CALs for any of your servers licensed to run instances of the server software.
You do not need CALs for up to two devices or users to access your instances of the server software only to administer those instances.
Your CALs permit access to your instances of earlier versions, but not later versions, of the server software. If you are accessing instances of an earlier version, you may also use CALs corresponding to that version.
b) Types of CALs. There are two types of CALs: one for devices and one for users. Each device CAL permits one device, used by any user, to access instances of the server software on your licensed servers. Each user CAL permits one user, using any device, to access instances of the server software on your licensed servers. You may use a combination of device and user CALs.
c) Reassignment of CALs. You may
permanently reassign your device CAL from one device to another, or your user CAL from one user to another; or
temporarily reassign your device CAL to a loaner device while the first device is out of service, or your user CAL to a temporary worker while the user is absent.
4. ADDITIONAL LICENSING REQUIREMENTS AND/ OR USE RIGHTS.
4. 1 Specific Use. The manufacturer or installer designed this server for a specific use. You may only use the software for that use.
You may only use the software with the integrated software application or suite of applications installed by the manufacturer or installer on the system (" Integrated Application").
You may not use the software to support additional software programs or functions, other than utilities or similar software used solely for administration, performance enhancement, and preventative maintenance for this server.
4. 2 Alternative Versions and Editions. In place of any permitted instance, you may create, 1111 Packet Pg. 497 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) store and use an instance of any earlier version or lower edition.
This agreement applies to your use of these other versions or editions in this manner. If the earlier version or edition includes components not covered in this agreement, the terms that are associated with those components in the earlier version or edition apply to your use of them. Neither the manufacturer or installer, nor Microsoft is obligated to supply any prior or different versions or editions of the software to you.
The software may include more than one version, such as 32- bit and 64- bit. For each instance of the software that you are permitted to create, store and run, you may use either version.
4. 3 Maximum Instances. The software or your hardware may limit the number of instances of the server software that can run in physical or virtual OSEs on the server.
4. 4 Running Instances of the Additional Software. You may run or otherwise use any number of instances of the additional software listed below in physical or virtual OSEs on any number of devices. You may use the additional software only with the server software directly, or indirectly through other additional software.
Client Tools Connectivity
Documentation Components
4. 5 Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights listed below for each software license you acquire. a) You may create any number of instances of the server software and additional software. b) You may store instances of the server software and additional software on any of your servers or storage media.
c) You may create and store instances of the server software and additional software solely to exercise your right to run instances of the server software under any of your software licenses as described ( e. g., you may not distribute instances to third parties).
4. 6 Multiplexing. Hardware or software you use to
pool connections,
reroute information, or
reduce the number of devices or users that directly access or use the software sometimes referred to as" multiplexing" or" pooling"),
does not reduce the number of licenses of any type that you need.
4. 7 No Separation of Server Software. You may not separate the server software for use in more than one OSE under a single license, unless expressly permitted. This applies even if the OSEs are on the same physical hardware system.
4. 8 SQL Server Reporting Services Map Report Item. Reporting Services Map Item may use Bing Maps. You may only use the content provided through Bing Maps, including geocodes, within Reporting Services Map Item. Your use of Bing Maps is also governed by the Bing Maps End User Terms of Use available at http:// go. microsoft. com/? linkid= 9710837 and the Bing Maps Privacy Statement available at
http:// go. microsoft. com/ fwlink/? LinkID= 248686.
4. 9 Included Microsoft Programs. The software includes other Microsoft programs listed at http:// go. microsoft. com/ fwlink/? LinkID= 298186. Microsoft is making these programs available to you as a convenience only, and these programs are licensed and supported under their own separate terms and policies. You may only use these programs in conjunction with the software licensed here. If you do not agree to the license terms for these programs, you may not use them.
Packet Pg. 498 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
4. 10 Runtime- Restricted Use Software. The software is" Runtime Restricted Use" software.
You may only use the software to run the Integrated Application. You may not use the software to develop new applications, databases, or tables. You also may not use the software with existing applications, databases, or tables, other than those in the Integrated Application. You may, to configure or extend the Integrated Application, use a tool to run queries or reports from existing tables, or use a development environment or workbench that is part of the Integrated Application.
5. THIRD PARTY NOTICES. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software. Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages below also apply.
6. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for use of the keys assigned to you. You may not share the keys with third parties. You may not use keys assigned to third parties.
7. INTERNET- BASED SERVICES. Microsoft provides Internet- based services with the software. It may change or cancel them at any time.
8. BENCHMARK TESTING. You must obtain Microsoft' s prior written approval to disclose to a third party the results of any benchmark test of the software.
9. . NET FRAMEWORK SOFTWARE. The software contains Microsoft . NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the . NET Framework software.
10. CANADA. You may stop receiving updates by turning off the automatic update feature or by turning off Internet access. Refer to the product documentation to learn how to turn off updates for your specific device or software.
11. SCOPE OF LICENSE. The software is licensed, not sold. Unless applicable law gives you more rights, Microsoft reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent: (i) permitted by applicable law, despite this limitation or( ii) required to debug changes to any libraries licensed under the GNU Lesser Public License that are included with and linked to by the software; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software, including any application programming interfaces included in the software, for others to copy;
share or otherwise distribute documents, text or images created using the software Data Mapping Services features;
rent, lease or lend the software; or
use the software for commercial software hosting services.
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software.
Rights to access the software on any device do not give you any right to implement Microsoft patents Packet Pg. 499 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) or other Microsoft intellectual property in software or devices that access that device.
12. BACKUP COPY, SECONDARY BOOT COPY, AND RECOVERY COPY.
12. 1 Back Up Copy. You may make one backup copy of the software media. You may use it only to create instances of the software.
12. 2 Recovery Copy. You may use recovery a copy solely to repair or reinstall the server software on the server
13. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
14. RESTRICTED USE. The Microsoft software was designed for systems that do not require faulttolerant performance. You may not use the Microsoft software in any device or system in which a failure or fault of any kind of the software could reasonably be seen to lead to death or serious bodily injury of any person, or to severe physical or environmental damage.
15. LEASED HARDWARE. If you lease the server from the manufacturer or installer, the following additional terms shall apply:
a) you may not transfer the software to another user as part of the transfer of the server, whether or not a permanent transfer of the software with the server is otherwise allowed in these license terms;
b) your rights to any software upgrades shall be determined by the lease you signed for the server; and
c) you may not use the software after your lease terminates, unless you purchase the server from the manufacturer or installer.
16. GENUINE PROOF OF LICENSE. If you acquired the software on the server, a disc or other media, a genuine Certificate of Authenticity label with a genuine copy of the software identifies the licensed software. To be valid, this label must be affixed to the server or appear on manufacturer' s or installer's software packaging Certificate of Authenticity labels for additional licenses will be affixed to packaging by the manufacturer or installer. If you receive the label in any other manner, it is invalid.
You should keep the label on the server or retain any labels on the packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see www. howtotell. com.
17. TRANSFER TO A THIRD PARTY. You may transfer the software only with the licensed server, all Certificate of Authenticity label( s), any additional licenses included with the server, and this agreement directly to a third party. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. You may not retain any instances of the software unless you also retain another license for the software.
The provisions of this section do not apply if you acquired the software as a consumer in Germany or in any of the countries listed on this site ( aka. ms/ transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
18. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www. microsoft. com/ exportinq.
19. SUPPORT SERVICES. Contact the manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft provides support as described at
www. support. microsoft. com/ common/ international. aspx.
20. ENTIRE AGREEMENT. This agreement( including the warranty below), and the terms for supplements, updates, Internet- based services and support services that you use, are the entire agreement for the software and support services.
Packet Pg. 500 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
21. APPLICABLE LAW.
21. 1 United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
21. 2 Outside the United States. If you acquired the software in any other country, the laws of that country apply.
22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
23. NO WARRANTIES FOR THE SOFTWARE. The software is provided " as is". You bear all risks of using it. Microsoft gives no express warranties, guarantees, or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft, or its affiliates. When allowed by your local laws, the manufacturer or installer and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non- infringement.
24. LIMITATION ON AND EXCLUSION OF DAMAGES. EXCEPT FOR ANY REFUND THE
MANUFACTURER OR INSTALLER MAY PROVIDE, YOU CANNOT RECOVER ANY DAMAGES,
INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content( including code) on third party Internet sites, or third party programs, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses, or the manufacturer or installer, or Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
25. FOR AUSTRALIA ONLY. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods. For further information regarding this warranty and to claim expenses in relation to the warranty ( if applicable), please contact the manufacturer or installer; see the contact information provided in the system packaging.
Packet Pg. 501 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) For ISV Royalty Program Only)
Microsoft System Center' 2016 Standard 2
Microsoft System Center 2016 Datacenter xx .. 2 f
Microsoft Systeme Center Configuration.*Manager 1606.:' 2 • Microsoft System},Center 2016 Data Manager 2
Microsoft System:.Center 2016 Operations Manager 2
Microsoft. System. Center 2016 Service Manager 2
Microsoft System Center2016 Orchestrator 2`
Licenses: 72 Management Licenses: 3
END- USER LICENSE AGREEMENT
These license terms are an agreement between you and the licensor of the software application or suite of applications with which you acquired the Microsoft software (" Licensor"). Microsoft Corporation or one of its affiliates ( collectively, " Microsoft") has licensed the software to the Licensor.
These terms supersede any electronic terms which may be contained within the software. If any of the terms contained within the software conflict with these terms, these terms will control. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements, and
Internet- based services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
Instead, return it to place of purchase for a refund or credit.
As described below, using some features also operates as your consent to automatic updates and the transmission of certain standard computer information for Internet- based services.
If you comply with these license terms, you have the rights below for each software license you acquire.
1 LICENSOR: These terms include Microsoft trademarks. If you include a trademark footnote in the End User License Agreement for the Unified Solution to give notice of your own trademarks or other third party trademarks, then add the following wording to your trademark footnote:" All other trademarks are the property of their respective owners." 2 LICENSOR: For" Academic Edition" licensed software, please specify the name. For example: Microsoft® System Center Configuration Manager 1606 Edition and Academic Edition. 3 LICENSOR: Specify the total number of management licenses of the software that the end- user is licensed for under this agreement.
ISV Royalty Agreement EULA( January 1, 2017) Page 1 of 7 Packet Pg. 502 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
1. OVERVIEW.
a. Software. The software includes
Server Software; and
Additional Software that may only be used with the Server Software directly, or indirectly through other Additional Software.
b. Definitions.
Additional Software which includes but is not limited to, tools and System Center packs ( such as Management Packs, Process Packs, and Integration Packs), that may only be used with the Server Software.
Hyper- V Container is a feature of Windows Server that utilizes a virtual operating system environment. Each Hyper- V Container is considered to be one Virtual OSE.
Server. A server is a physical hardware system capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.
Server Software. " Server Software", as used in these license terms, means any or all of the components of System Center 2016 Standard, System Center 2016 Datacenter, System Center Configuration Manager 1606, System Center 2016 Data Protection Manager, System Center 2016 Operations Manager, System Center 2016 Service Manager, or System Center 2016 Orchestrator, depending on which software license( s) you acquire.
Windows Server Container is a feature of Windows Server software. c. License Model. The software is licensed based on the number of physical and virtual operating system environments you manage, the physical hardware and, in some cases, the number of users who use them.
d. Licensing Terminology.
i. Assigning a License. To assign a license means simply to designate that license to one server, device, or user.
ii. Instance. You create an " instance" of software by executing the software' s setup or install procedure. You also create an instance of software by duplicating an existing instance.
References to software in this agreement include " instances" of the software. You " run an instance" of software by loading it into memory and executing one or more of its instructions.
Once running, an instance is considered to be running ( whether or not its instructions continue to execute) until it is removed from memory.
iii. Operating System Environment. An " operating system environment" ( or " OSE") is all or part of an operating system instance, or all or part of a virtual ( or otherwise emulated) operating system instance, which enables separate machine identity ( primary computer name or similar unique identifier) or separate administrative rights, and instances of applications, if any, configured to run on the operating system instance or parts identified above.
There are two types of OSEs, physical and virtual. A physical OSE is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software ( e. g., Microsoft Hyper- V Server or similar technologies) or to provide hardware virtualization services ( e. g., Microsoft virtualization technology or similar technologies) is considered part of the physical OSE. A virtual OSE is configured to run on a virtual ( or otherwise emulated) hardware system. A physical hardware system can have either or both of: one physical OSE and one or more virtual OSEs.
ISV Royalty Agreement EULA ( January 1, 2017) Page 2 of 7 Packet Pg. 503 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola iv. Managing OSEs. For purposes of these license terms, to " manage" an OSE means to solicit or receive data about,
configure, or
give instructions to the hardware or software that is directly or indirectly associated with the OSE.
Managing" an OSE does not include discovering the presence of a device or OSE.
2. USE RIGHTS.
Acquiring and Assigning Management Licenses.
a. Before you use the Server Software to manage your OSEs, you must acquire and assign the required number of the appropriate category, type or edition of management licenses as described below.
i. Categories of Management Licenses. There are two categories of management licenses:
server and client. The category of license required depends on the operating system software running within an OSE. OSEs running server operating system software require server management licenses. OSEs running any other operating system software require client management licenses.
ii. Server Management Licenses. There is one type of server management license: OSE, and two editions: Standard and Datacenter. An OSE server management license permits you to use the Server Software to manage the number of OSEs corresponding to its edition. All of the server management licenses you assign to a server must be of the same edition. Your server management licenses do not permit management of any OSE running a non- server operating system.
A. System Center 2016 Standard. The number of OSE server management licenses you need depends on the number of physical cores on the server on which your managed OSEs will run and the number of OSEs you will manage on that server.
I. The number of Licenses required equals the number of Physical Cores on the Licensed Server, subject to a minimum of 8 Licenses per Physical Processor and a minimum of 16 Licenses per Server.
I. Provided you acquire and assign to your server the required number of Standard edition server management licenses, as specified in 2. a. ii. A. l above, you may manage two OSEs on the licensed server. Standard edition permits management of the Physical OSE on the Licensed Server ( in addition to two Virtual OSEs), if the Physical OSE is used solely to host and Manage Virtual OSEs. Additionally, you may manage any number of OSEs instantiated as Windows Server Containers on that server.
You may assign additional Standard edition Licenses to the Licensed Server equal to the number specified in 2. a. ii. A. l above and manage two additional OSEs.
B. System Center 2016 Datacenter. The number of OSE server management licenses you need depends on the number of physical cores on the server on which your managed OSEs will run. The number of Licenses required equals the number of Physical Cores on the Licensed Server, subject to a minimum of 8 Licenses per Physical Processor and a minimum of 16 Licenses per Server.
Provided you acquire and assign to your server the required number of Datacenter edition server management licenses, as described above, you may manage any number of OSEs on that server. Additionally, you may manage any number of OSEs instantiated as Windows Server Containers on that server.
ISV Royalty Agreement EULA ( January 1, 2017) Page 3 of 7 Packet Pg. 504 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) iii. Client Management Licenses. Client Management Licenses include System Center Configuration Manager 1606 Client Management License, System Center 2016 Data Protection Manager Client Management License, System Center 2016 Operations Manager Client Management License, System Center 2016 Service Manager Client Management License, and System Center 2016 Orchestrator Client Management License. There are two types of client management licenses: one for managed OSEs and one for users. You may choose either type or a combination of both. Your client management licenses do not permit management of any OSE running a server operating system.
OSE Client Management Licenses.
o One OSE Client Management License permits you to use the Server Software to manage one OSE.
o Each OSE Client Management License you acquire must be assigned to the device on which your managed OSE will run.
o Management of an OSE accessed by more than one user requires one OSE Client Management License or one User Client Management License for each user.
User Client Management Licenses.
o One User Client Management license permits you to use the Server Software to manage all of the OSEs used by the user to whom it is assigned. o Each User Client Management License you acquire must be assigned to one user. o Management of an OSE accessed by more than one user requires one OSE Client Management License or one User Client Management License for each user. iv. Management Licenses Not Required. You do not need a management license for any of your OSEs in which no instances of software are running, any of your network infrastructure devices functioning solely for the purpose of transmitting network data and not running Windows Server software, any OSEs you are converting from physical to virtual during the conversion process, or any of your devices for which you are exclusively performing out of band management. any device solely monitored or managed for the status of its hardware components with respect to system temperature, fan speed, power on/ off, system reset or CPU availability. v. Reassignment of Management Licenses. You may
permanently reassign a management license from one device to another or from one user to another; or
temporarily reassign a management license to a loaner device while the first device is out of service or a temporary worker while the first user is absent. vi. Management License Downgrade Rights. Your System Center 2016 management licenses permit management by instances of earlier versions of the Server Software. b. Software Use. Once you acquire and assign the required number of appropriate management license( s) to your servers, other devices and users, you may use the Server Software to manage your OSE( s). Each management license, gives you the following rights. i. Running Instances of the Server Software. You may run, at any one time, one instance of the Server Software on one or more of your servers.
ii. Running Instances of the Additional Software. You may run or otherwise use any number of instances of software identified as additional software for the applicable Server Software in physical or virtual OSEs on any number of devices. You may use additional ISV Royalty Agreement EULA ( January 1, 2017) Page 4 of 7 Packet Pg. 505 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) software only with the Server Software directly, or indirectly through other additional software.
c. Included Microsoft Programs. The software contains other Microsoft programs. These license terms identify them, and indicate if other license terms apply to your use of those programs, or if these license terms apply to your use of them. For the programs included but not identified, the license terms with those programs apply to your use.
d. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any for the third party programs are included in the software for your information only. Notices for third party programs included with System Center Configuration Manager are found at
http:// go. microsoft. com/ fwlink/? Linkl D= 789409
3. ADDITIONAL LICENSING REQUIREMENTS AND/ OR USE RIGHTS. a. SQL Server Branded Components.
i. System Center Virtual Machine Manager contains the following Microsoft SQL Server branded components and the license terms that would apply to your use of these programs are found in the " LICENSES" folder located on the DVD or in the installed location. If you do not agree to their license terms, you may not use these programs.
o Data- Tier Application Framework ( 2014)
o SQL Server 2014 Shared Management Objects
o SQL Server 2014 Transact- SQL ScriptDom
o SQL Server 2014 Transact- SQL Compiler Service
o System CLR Types for Microsoft SQL Server 2014
ii. System Center Configuration Manager 1606 contains the following Microsoft SQL Server branded components and the license terms that would apply to your use of these programs are found at http:// go. microsoft. com/ fwlink/? LinklD= 787077 . If you do not agree to their license terms, you may not use these programs.
o SQL Server 2012 Native Client
o SQL Server 2014 Express
o SQL Server 2014 Shared Management Objects
o SQL Server Compact 4. 0 Service Pack 1 ( Sp1)
o System CLR Types For Microsoft SQL Server 2014
b. Additional Functionality/ Optional Services. Microsoft may provide additional functionality for or an optional add- on service to the software. Other license terms or use rights and fees may apply.
c. No copying or Distributing Data Sets. You may not copy or distribute any data set ( or any portion of a data set) included in the software.
4. INTERNET- BASED SERVICES. Microsoft provides Internet- based services with the software. It may change or cancel them at any time.
a. Consent for Internet- Based Services. The software features described below and in the System Center 2016 Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. Unless otherwise noted, you may switch off these features or not use them. For more information about these and other features, see System Center 2016 Privacy Statement found here: http:// go. microsoft. com/ fwlink/? Linkld= 817381. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the ISV Royalty Agreement EULA ( January 1, 2017) Page 5 of 7 Packet Pg. 506 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola language code of the device where you installed the software. Microsoft uses this information to make the Internet- based services available to you.
Automatic Updates. Software with Click- to- Run technology may check with Microsoft now and then for updates and supplements. If the software finds updates and supplements, it might download and install them on your licensed device.
Windows ( or Microsoft) Update Feature. You may connect new hardware to the device where you installed the software. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your device. You can switch off this update feature.
You can choose to stop receiving updates by turning off the automatic update feature or Internet access. Refer to the product documentation to learn how to turn off updates for your specific device or software.
b. Use of Information. Microsoft may use the computer information to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. c. Misuse of Internet- based Services. You may not use these services in any way that could harm them or impair anyone else' s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
5. KB975759. The software contains Windows hotfix KB975759. This software program is part of Windows. The license terms for Windows apply to your use of Windows hotfix KB975759.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Licensor and Microsoft reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or use the software for commercial software hosting services.
You also may not remove, minimize, block or modify any of the following that are included in the software, including any content made available to you through the software:
logos,
trademarks,
copyright,
digital watermarks, or
other notices of Microsoft or its suppliers.
Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.
7. BACKUP COPY.
ISV Royalty Agreement EULA ( January 1, 2017) Page 6 of 7 Packet Pg. 507 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to create instances of the software. b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to create instances of the software.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. NOT FOR RESALE SOFTWARE. You may not sell software marked as " NFR" or " Not for Resale."
10. ACADEMIC EDITION SOFTWARE. You must be a " Qualified Educational User" to use software marked as " Academic Edition" or " AE." If you do not know whether you are a Qualified Educational User, visit www. microsoft. com/ education or contact the Microsoft affiliate serving your country.
11. SOFTWARE DOWNGRADE. You may create, store and use instances of this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you.
12. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www. microsoft. com/ exporting
13. ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet- based services that you use, are the entire agreement for the software.
14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the Licensor from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
15. NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. LICENSOR HAS
INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE INTEGRATED
SOFTWARE APPLICATION OR SUITE OF APPLICATIONS THAT IT IS LICENSING TO YOU,
AND MICROSOFT HAS RELIED ON LICENSOR TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
16. NO WARRANTIES BY MICROSOFT. YOU AGREE THAT IF YOU HAVE RECEIVED ANY
WARRANTIES WITH REGARD TO EITHER ( A) THE SOFTWARE, OR ( B) THE SOFTWARE
APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE
SOFTWARE, THEN THOSE WARRANTIES ARE PROVIDED SOLELY BY THE LICENSOR AND DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MICROSOFT.
17. NO LIABILITY OF MICROSOFT FOR CERTAIN DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MICROSOFT SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SOFTWARE
APPLICATION OR SUITE OF APPLICATIONS WITH WHICH YOU ACQUIRED THE
SOFTWARE, INCLUDING WITHOUT LIMITATION, PENALTIES IMPOSED BY GOVERNMENT. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY AMOUNT IN EXCESS OF TWO HUNDRED FIFTY U. S. DOLLARS ( US$ 250. 00).
ISV Royalty Agreement EULA ( January 1, 2017) Page 7 of 7 Packet Pg. 508 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions)
ADDITIONAL TERMS FOR
MICROSOFT SQL SERVER PRODUCTS
End of License
Product Name and Version Applicable Additional Terms
Date*
Microsoft SQL Server 2017 IoT; Products
Microsoft° SQL Server° 2017 loT Client Access License( 1 Device) 1, 10 November 30, 2032 Microsoft° SQL Server° 2017 loT Client Access License( 5 Device) 1, 10 November 30, 2032 Microsoft° SQL Server° 2017 loT Client Access License( 1 User) 1, 10 November 30, 2032 Microsoft° SQL Server° 2017 loT Client Access License( 5 User) 1, 10 November 30, 2032 Microsoft® SQL Server° 2017 loT Enterprise 2 Core Additional License 29, 30, 33 November 30, 2032 Microsoft° SQL Server® 2017 loT Standard 2 Core Additional License 29, 30, 33 November 30, 2032 Microsoft® SQL Server° 2017 loT Enterprise 4 Core 1- 9, 12, 13, 15, 24- 26, 29, 32, 34, 35 November 30, 2032 Microsoft® SQL Server° 2017 loT Standard 4 Core 1- 9, 12, 13, 15, 24- 26, 29, 32, 34, 35 November 30, 2032 Microsoft° SQL Server® 2017 loT Standard( 1 CAL) 1- 9, 11- 13, 15, 18, 24- 26, 32, 35 November 30, 2032 Microsoft° SQL Server® 2017 IoT Standard( 5 CAL) 1- 9, 11- 13, 15, 18, 24- 26, 32, 35 November 30, 2032 Prianillk,[rryl. l i
itij:. la 4
ri pis f }
own
s
f
I1'{ yi 13 i illi
a
i r
i
Microsoft SQL Server 2016' Products ;
r
i
E ti k viii ` I i ht
Microsoft® SQL Server® 2016 Standard for Embedded Systems 4 Core( ESD) 1- 9, 12, 13, 15, 24- 26, 29, 32, 34 July 31, 2031 Microsoft® SQL Server® 2016 Standard for Embedded Systems 2 Core 29, 30, 33 July 31, 2031
Additional License( ESD)
Microsoft® SQL Server® 2016 Standard for Embedded Systems( 5 CAL)( ESD) 1- 9, 11- 13, 15, 18, 24- 26, 32 July 31, 2031 Microsoft® SQL Server® 2016 Standard for Embedded Systems( 1 CAL)( ESD) 1- 9, 11- 13, 15, 18, 24- 26, 32 July 31, 2031 Microsoft® SQL Server® 2016 Enterprise for Embedded Systems 4 Core( ESD) 1- 9, 12, 13, 15, 24- 26, 29, 32, 34 July 31, 2031 Microsoft® SQL Server® 2016 Enterprise for Embedded Systems 2 Core 29, 30, 33 July 31, 2031
Additional License( ESD)
Microsoft SQL Server 2014 Products
Microsoft® SQL Server® 2014 Standard for Embedded Systems 4 Core( ESD) 1- 9, 12, 13, 15, 24- 26, 29, 31, 32 December 31, 2028 Microsoft® SQL Server® 2014 Standard for Embedded Systems 2 Core 29, 30, 33 December 31, 2028
Additional License( ESD)
Microsoft® SQL Server® 2014 Standard for Embedded Systems( 5 CAL)( ESD) 1- 9, 11- 13, 15, 18, 24- 26, 32 December 31, 2028 Microsoft® SQL Server® 2014 Standard for Embedded Systems( 1 CAL)( ESD) 1- 9, 11- 13, 15, 18, 24- 26, 32 December 31, 2028 Microsoft® SQL Server® 2014 Enterprise for Embedded Systems 4 Core( ESD) 1- 9, 12, 13, 15, 24- 26, 29, 31, 32 December 31, 2028 Microsoft® SQL Server® 2014 Enterprise for Embedded Systems 2 Core 29, 30, 33 December 31, 2028
Additional License( ESD)
SQL Server Additional Terms-- April 2016
1 Packet Pg. 509 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Microsoft® SQL Server® 2014 Business Intelligence for Embedded Systems( 10 1 9, 11 13, 15, 18, 24 26, 32 December 31, 2028
CAL)( ESD)
Microsoft® SQL Server® 2014 Business Intelligence for Embedded Systems( 1 1 9, 11 13, 15, 18, 24 26, 32 December 31, 2028
CAL)( ESD)
aximmizungogoittuie
r Microsoft SQL Server 2012 Products
Microsoft® SQL Server® 2012 Standard for Embedded Systems 4 Core( ESD) 1- 9, 12, 13, 15, 24- 26, 29, 31, 32 March 31, 2027 Microsoft® SQL Server® 2012 Standard for Embedded Systems 2 Core 29, 30, 33 March 31, 2027
Additional License( ESD)
Microsoft® SQL Server® 2012 Standard for Embedded Systems( 5 CAL)( ESD) 1- 9, 11- 13, 15, 18, 24- 26, 32 March 31, 2027 Microsoft® SQL Server® 2012 Standard for Embedded Systems( 1 CAL)( ESD) 1- 9, 11- 13, 15, 18, 24- 26, 32 March 31, 2027 Microsoft® SQL Server® 2012 Enterprise for Embedded Systems 4 Core( ESD) 1- 9, 12, 13, 15, 24- 26, 29, 31, 32 March 31, 2027 Microsoft® SQL Server® 2012 Enterprise for Embedded Systems 2 Core 29, 30, 33 March 31, 2027
Additional License( ESD)
Microsoft® SQL Server® 2012 Business Intelligence for Embedded Systems( 10 1 9 11 13, 15, 18, 24- 26, 32 March 31, 2027
CAL)( ESD)
Microsoft® SQL Server® 2012 Business Intelligence for Embedded Systems( 1 1 9, 11- 13, 15, 18, 24 26, 32 March 31, 2027
CAL)( ESD)
r
t
Microsoft SQL Server 2008 R2; Products s
faMicrosoft® SQL Server® 2008 R2 For Embedded Systems Enterprise( 1 CPU) 1 8, 12 15, 21, 24- 27 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Enterprise( 1 CAL) 1 8, 12, 13, 15, 19, 24 26, 28 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Enterprise( 10 CAL) 1 8 12, 13, 15, 19, 24 26, 28 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Standard( 1 CPU) 1 8, 12 15, 20, 24- 27 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Standard( 1 CAL) 1 8, 11 13, 15, 18, 24 26, 28 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Standard( 5 CAL) 1 8, 11 13, 15, 18, 24- 26, 28 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems( Systems 1- 7, 11, 12, 14, 15, 20, 24- 27 July 31, 2023
Management Runtime Standard 1 CPU)( ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Workgroup( 1 CPU) 1 8, 12- 15, 24 26, 27 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Workgroup( 1 CAL) 1 8, 11 13, 15, 18, 24 26, 28 July 31, 2023
ESD)
Microsoft® SQL Server® 2008 R2 For Embedded Systems Workgroup( 5 CAL) 1 8, 11- 13, 15, 18, 24 26, 28 July 31, 2023
ESD)
0,
7 Z, Microsoft SQL Server 2008 Products_ Ai_ _. `
VE
SQL Server Additional Terms-- April 2016
Packet Pg. 510 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Microsoft® SQL Server® 2008 For Embedded Systems Enterprise( 1 CPU)( ESD) 1- 8, 12- 15, 21, 24- 27 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Enterprise( 1 CAL)( ESD) 1- 8, 12, 13, 15, 19, 24- 26, 28 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Enterprise( 10 CAL)( ESD) 1- 8, 12, 13, 15, 19, 24- 26, 28 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Standard( 1 CPU)( ESD) 1- 8, 12- 15, 20, 24- 27 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Standard( 1 CAL)( ESD) 1- 8, 11- 13, 15, 18, 24- 26, 28 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Standard( 5 CAL)( ESD) 1- 8, 11- 13, 15, 18, 24- 26, 28 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems( Systems Management 1 7, 11, 12, 14, 15, 20, 24 27 July 31, 2023
Runtime Standard 1 CPU)( ESD)
Microsoft® SQL Server® 2008 For Embedded Systems Workgroup( 1 CPU)( ESD) 1- 8, 12- 15, 24- 26, 27 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Workgroup( 1 CAL)( ESD) 1- 8, 11- 13, 15, 18, 24- 26, 28 July 31, 2023 Microsoft® SQL Server® 2008 For Embedded Systems Workgroup( 5 CAL)( ESD) 1- 8, 11- 13, 15, 18, 24- 26, 28 July 31, 2023 Microsoft SQL Server 2005 Products r
Microsoft® SQL Server" 2005, Enterprise Edition for Embedded Systems( x32)( 1 1 7, 12 15, 21, 25- 27 November 5, 2020
Processor Version)( ESD)
Microsoft® SQL Server" 2005, Enterprise Edition for Embedded Systems( x64)( 1 1 7, 12 15, 21, 25- 27 November 5, 2020
Processor Version)( ESD)
Microsoft® SQL Server" 2005, Enterprise Edition for Embedded Systems( x32) 1 7, 11 13, 15, 19, 25, 26, 28 November 5, 2020
10 CAL Version)( ESD)
Microsoft® SQL Server" 2005, Enterprise Edition for Embedded Systems( x64) 10 CAL Version)( ESD)
1- 7, 11- 13, 15, 19, 25, 26, 28 November 5, 2020
Microsoft® SQL Server" 2005, Standard Edition for Embedded Systems( x32)( 1 1 7, 12 15, 20, 25- 27 November 5, 2020
Processor Version)( ESD)
Microsoft® SQL Server" 2005, Standard Edition for Embedded Systems( x64)( 1 1 7, 12 15, 20, 25- 27 November 5, 2020
Processor Version)( ESD)
Microsoft® SQL Server" 2005, Standard Edition for Embedded Systems( x32)( 5 1- 7, 11 13, 15, 18, 25, 26, 28 November 5, 2020
CAL Version)( ESD)
Microsoft® SQL Server" 2005, Standard Edition for Embedded Systems( x64)( 5 CAL Version)( ESD)
1- 7, 11- 13, 15, 18, 25, 26, 28 November 5, 2020
Microsoft® SQL Server" 2005, Standard Edition for Embedded Systems( x32) Systems Management Runtime Edition, 1 Processor Version)( ESD) 1 7, 12, 14, 15, 17, 20, 25- 27 November 5, 2020
Microsoft® SQL Server" 2005, Workgroup Edition for Embedded Systems( x32) 1 7, 12 15, 20, 25- 27 November 5, 2020
1 Processor Version)( ESD)
Microsoft® SQL Server" 2005, Workgroup Edition for Embedded Systems( x32) 1 7, 11 13, 15, 18, 25, 26, 28 November 5, 2020
5 CAL Version)( ESD)
islt
o -go} i F
i , Microsoft SQL Server Client Access Licenses
E 5
2r0 1
t
laigiSQL Server Additional Terms-- April 2016
3 Packet Pg. 511 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) ii
Microsoft® SQL Server® 2014 Client Access License for Embedded Systems 1, 10 June 30, 2029
5 User)( ESD)
Microsoft® SQL Server® 2014 Client Access License for Embedded Systems 1, 10 June 30, 2029
5 Device)( ESD)
Microsoft® SQL Server® 2014 Client Access License for Embedded Systems 1, 10 June 30, 2029
1 User)( ESD)
Microsoft® SQL Server® 2014 Client Access License for Embedded Systems 1, 10 June 30, 2029
1 Device)( ESD)
2012
j
Y
t
m i { E {
a
Microsoft® SQL Server® 2012 Client Access License for Embedded Systems(5 1, 10 March 31, 2027
User)( ESD)
Microsoft® SQL Server® 2012 Client Access License for Embedded Systems( 5 1, 10 March 31, 2027
Device)( ESD)
Microsoft® SQL Server® 2012 Client Access License for Embedded Systems( 1 1, 10 March 31, 2027
User)( ESD)
Microsoft® SQL Server® 2012 Client Access License for Embedded Systems( 1 1, 10 March 31, 2027
Device)( ESD)
7n
t C£ i £ i { i IK i:, i If£ sE { i..
2008 R2 1 } i{ 3,,
k } i F
dE t
i ` ri
E k: i
i` I } 4}
S
S
S {;
i
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise(1 User)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise(5 User)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise(1 Device)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise(5 Device)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard(1 User)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard(5 User)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard(1 Device)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard(5 Device)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10, 22 July 31, 2023
Workgroup(5 User)( ESD)
Microsoft® SQL Server® 2008 R2 Client Access License For Embedded Systems 1, 10, 22 July 31, 2023
Workgroup(5 Device)( ESD)
giniBNFNEEVE N. OVi r FRM{
k
i
bi )u
2008 i t
4 y44rA
rs v{
r
d
xx. _>t. r, R .
a rt ,
mtl , Efaax t.. v. ,. ....
s. l,. d1{{! Frax4fs.„
SQL Server Additional Terms-- April 2016 4
Packet Pg. 512 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise( 1 User)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise( 5 User)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise( 1 Device)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise( 5 Device)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard( 1 User)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard( 5 User)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10, 23 July 31, 2023
Standard( 1 Device)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1 10, 23 July 31, 2023
Standard( 5 Device)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10, 22 July 31, 2023
Workgroup( 5 User)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10, 22 July 31, 2023
Workgroup( 5 Device)( ESD)
Microsoft® SQL Server® 2008 Client Access License For Embedded Systems 1, 10 July 31, 2023
Enterprise( 1 User)( ESD)
M' i l
i rtY f f
kF'{,
y
k1I t f t
2005 ii c i t s 34 x3AIL 2 P
Ti
i
ri iir!
Microsoft® User Client Access License Pack for Microsoft® SQL Server 2005, 1, 10 November 5, 2020
Enterprise Edition for Embedded Systems( x32)( 1 User CAL Version)( ESD) Microsoft® User Client Access License Pack for Microsoft® SQL Server' 2005, 1, 10, 23 November 5, 2020
Standard Edition for Embedded Systems( x32)( 1 User CAL Version)( ESD) Microsoft® User Client Access License Pack for Microsoft® SQL Server" 2005, 1, 10, 22 November 5, 2020
Workgroup Edition for Embedded Systems( x32)( 1 User CAL Version)( ESD) Microsoft® Device Client Access License Pack for Microsoft® SQL Server 2005, 1, 10 November 5, 2020
Enterprise Edition for Embedded Systems( x32)( 1 Device CAL Version)( ESD) Microsoft® Device Client Access License Pack for Microsoft® SQL Server" 2005, 1, 10, 23 November 5, 2020
Standard Edition for Embedded Systems( x32)( 1 Device CAL Version)( ESD) Microsoft® Device Client Access License Pack for Microsoft® SQL Server' 2005, 1, 10, 22 November 5, 2020
Workgroup Edition for Embedded Systems( x32)( 1 Device CAL Version)( ESD) The End of License Date is the earlier of: the date listed or the end of Company' s Agreement.
The following ATs apply to the Products as indicated above and are in addition to the terms of Company' s Microsoft OEM Customer License Agreement for Embedded Systems(" Agreement"). Capitalized terms used in this document and not otherwise defined have the meaning set forth in the Agreement.
The applicable ATs shall supersede any inconsistent terms in the Agreement. Company must advise their Channel of the distribution restrictions in the ATs for any Product distributed by Company' s Channel as permitted under the Agreement.
1. Valid Agreement. In order to obtain a Runtime License Envelope for a Product, Company must have a valid, current Agreement.
2. Definitions
SQL Server Additional Terms-- April 2016
5 Packet Pg. 513 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Solutions) CAL" means client access license.
CPU" and" Processor" mean a central processing unit. For this Agreement, a multi- core processor is one processor.
Physical CPU" means a CPU in a physical hardware system. Physical operating system environments use physical CPUs.
Virtual CPU" means a CPU in a virtual( or otherwise emulated) hardware system. Virtual operating system environments use Virtual CPUs. A Virtual CPU is considered to have the same number of threads and cores as each Physical CPU on the underlying physical hardware system.
Instance" means an instance of software is created by executing the software' s setup or install procedure or by duplicating an existing Instance.
References to Product software in this Agreement include Instances of the software. To" run an Instance" means to load an Instance of the software into memory and execute one or more of its instructions. Once running, an" Instance" is considered to be running( whether or not its instructions continue to execute) until it is removed from memory.
OEM Activation" or" OA" means system locked preinstallation(" SLP") technology or its replacement technology.
OSE" and" operating system environment" mean
a) all or part of an operating system Instance, or all or part of a virtual( or otherwise emulated) operating system Instance which enables separate machine identity( primary computer name or similar unique identifier) or separate administrative rights; and b) Instances of applications, if any, set up to run on the operating system Instance or parts identified above.
There are two types of OSEs, physical and virtual. A physical OSE is set up to run directly on a physical hardware system. The operating system Instance used to run hardware virtualization software( e. g. Microsoft Virtual Server or similar technologies) or to provide hardware virtualization services( e. g. Microsoft virtualization technology or similar technologies) is considered part of the physical OSE. A virtual OSE is set up to run on a virtual( or otherwise emulated) hardware system. A physical hardware system can have either or both of the following:
one physical OSE, and
one or more virtual OSEs.
Partitioned Embedded System" means a Customer System where at least the central processing units, inputs/ outputs, and memory resources are physically or logically allocated into independent partitions so each partition can run an Instance of the Product. All rights granted to Company in regards to Recovery Images and Update Images for an Embedded System in this Agreement also apply to each partition of a Partitioned Embedded System. A partition may have either or both of the following:
one physical OSE.
one or more virtual OSEs.
Installation
Company may use the Deliverables to install the Product software. Company must install the software in accordance with the Documentation, if provided. Company must also meet the following requirements. These requirements control over any conflicting terms in the Documentation. a) Company must ensure that no Microsoft online End User registration screens or any other user interface components or screens are displayed to an End User. This includes any Microsoft logos, toolbars, icons and folders. This limit does not apply to boot screens, the initial Product splash screen or setup and maintenance screens.
b) Company may not use the shell included in the Deliverables as the End User interface. Instead, Company must develop and deploy a custom End User interface for the Product. That custom end- user interface must be the only way in which the End User can access the Product. c) Company does not have to install all Product software files. Company may install only the files required by the Embedded System. Company also may hide or disable features of the Product software. d) Each Embedded System or Partitioned Embedded System must be based on a processor architecture that is compatible with the Product. e) If the Product includes a processor or CPU limitation in the Product Table, then each Embedded System or Partitioned Embedded System must not be designed or enabled to support the Product with more than the number of CPUs set forth in the Product Table.
4. Installation-- Primary and Secondary Boot Copy
Company may reproduce the MS Binaries as part of an Image and install one primary operating copy and one secondary boot copy of the MS Binaries as part of the Image on the hard disk drive of the Embedded System or on a partition of a Partitioned Embedded System. Company must configure the Embedded System or the partition to access, boot from, and use the secondary boot copy of the Product only if the primary operating copy fails or malfunctions.
5. Distribution
Company may distribute one copy of the MS Binaries as part of the Image on each Embedded System or Partitioned Embedded System. Company must distribute a COA with each Embedded System and a COA for each partition on which an Instance is installed or( where applicable) delivered on media which is distributed with the intent of permitting End Users to run those Instances on partitions. Company shall report and pay royalties only for each primary operating copy installed on the Embedded System or the Partitioned Embedded System.
6. License Terms
SQL Server Additional Terms-- April 2016
6 Packet Pg. 514 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola a) Company must sublicense rights to use the Product to each End User by means of License Terms. MS License Terms for each Product are available on MyOEM. For purposes of this subsection," MS License Terms" means the Product License Terms available on MyOEM. Company may use different terms or additional terms, as long as they are no less protective of MS than the MS License Terms. b) If Company elects to use the MS License Terms, Company should substitute its name for"[ OEM]" in the MS License Terms. Company may also • substitute the term"[ Company]' s software suppliers" for the term" MS" in the MS License Terms. c) Company must notify each End User before or at the time of purchase that 1) the Embedded System contains software that is subject to License Terms, and 2) the End User must agree to the License Terms before using the Embedded System. d) Company must distribute the License Terms in a manner that forms a contract binding the End User under applicable law. e) From time to time, MS may update the MS License Terms for this Product. Any such updates will be posted on MyOEM. For each Product, Company may use any version of the applicable License Terms that has been posted on MyOEM during the term of this Agreement. Certain updates to the License Terms may be required, however, as provided in the Agreement.
7. Language Versions. Language versions other than English are licensed on an" if and as available" basis.
8. 32- Bit and x64 Versions for SQL Server 2008 and SQL Server 2008 R2 The Deliverables for this Product includes 32- bit and x64 versions of the Product. Company may preinstall either version of the Product software, but not both, when installing an Instance of the Product on an Embedded System or a Partition of a Partitioned Embedded System in accordance with the terms of this Agreement.
9. Limitations on Distribution of Traditional Chinese Versions a) The Traditional Chinese( ZH) language version of the Product may be directly or indirectly distributed only within, or to, Taiwan. The ZH language version also may not be preinstalled in the People' s Republic of China(" PRC"), except in the Special Administrative Regions of Hong Kong and Macau and in designated Special Economic Zones as defined by the government of the PRC( see subsection( c) below). b) The Traditional Chinese for Hong Kong( B3) language version of the Product may not be preinstalled in, or directly or indirectly distributed by or for Company within or to, the PRC. However, the B3 language version may be preinstalled in, or directly or indirectly distributed, by or for Company within or to Hong Kong and Macau, and the B3 language version may be preinstalled in the designated Special Economic Zones as defined by the government of the PRC( subject to subsection( c), below). c) The B3 and ZH language versions may be preinstalled in Company' s manufacturing facilities within Special Economic Zones of the PRC( as defined by the government of the PRC), but only if
such preinstallation is permitted by all applicable laws, regulations and rules; and the sole purpose of the preinstallation is to make possible distribution outside the PRC.
10. Distribution of Client Access Licenses
a) CALs licensed under this AT must be acquired from an MS Distributor. They may be distributed only in the format in which Company receives them from the MS Distributor; and
b) Company may distribute CALs packaged with new Embedded Systems that include the applicable Product, or to existing End Users of the Product for which the CAL Pack is intended( as indicated by the Product Name for the CAL Pack in the Product Table). c) Company may distribute a CAL with or for use with an earlier version of a Product, unless such distribution is not allowed under the MS License Terms.
d) OEM Parties may also combine and distribute multiple language versions of the License Terms for CALs for any combination of languages for which Company is licensed.
e) Company may quote and charge a separate price for CALs distributed in the manner described in this Section.
11. Client Access License Required. Each End User of this Product must have CALs for each person and each device that uses or accesses functions or services of the Product. This Product includes the number of CALs specified in the Product Name. These CALs may be used solely with the Product installed on the Embedded System.
12. Distribution of COA. The COA for this Product is only available in card format. Company must distribute a COA card with each copy of the Product installed on an Embedded System or on each Partition of a Partitioned Embedded System.
13. Use of Product
This Product may only be used to run the Embedded Application. The Product may not be used either in conjunction with, or to develop, new applications, databases or tables other than those contained in Embedded Application.
This does not prohibit an End User of the Embedded Application from using a tool to run queries or reports from existing tables or from using a development environment or workbench, which is part of the Embedded Application to configure or extend that Embedded Application.
14. Combination of Processor Versions 110
SQL Server Additional Terms-- April 2016
7 Packet Pg. 515 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Company may distribute any combination of different processor versions of this Product(" Combination") with an Embedded System. The number of processors included in the Embedded System must not exceed the total number of processors allowed for such Combination. With respect to a Partitioned Embedded System, Company may distribute a Combination with a Partitioned Embedded System. However, the total number of processors supporting Partitions running the Product must not exceed the total number of processors for such Combination. For example, a valid Combination for SQL Server 2008 Standard Edition for an Embedded System that ships with four processors would be to associate four copies of SQL Server 2008 Standard Edition( 1 CPU) with the Embedded System by distributing four COAs of that Product, and reporting and paying MS Distributor for four copies.
15. Pre- populated Product Key
Company shall pre- populate the Product Key on behalf of the End User, provided that the Product Key matches the unique number provided by MS to Company for Company' s installation of the Product. If Company is distributing more than one Embedded System to a single End User, Company may pre- populate the Product Key for the Embedded System with a single Product Key. The Product Key Company uses for this must be one of the Product Keys provided by MS that Company is delivering only to that End User.
16. Distribution of SQL Server 2000 Standard and Enterprise; No Distribution of MSDE a) Company must include in the MS Binaries the client software( SQL Server Personal Edition) portion of the Product. b) Company may not distribute as part of the MS Binaries or in any other manner the Microsoft SQL Server Desktop Engine( MSDE) portion of the Product.
17. Embedded Application Design. This Product may only be used to run the Embedded Application. The Embedded Application must be designed solely to capture or send information about a device( such as operation status of device— on/ off). Data shall be centrally stored and managed in the database based on the Product. The Product may not be used for any other purpose. For example, the Product may not be used a) to capture business transaction data from a device( e. g., information regarding goods and/ or receivables), b) to develop new applications, databases or tables other than those in the Embedded Application, or c) in conjunction with any applications, databases or tables other than those in the Embedded Application.
The terms of this AT, however, do not prohibit an End User of the Embedded Application from using a tool to run queries or reports from existing tables. An End User also may use a development environment or workbench that is part of the Embedded Application to configure or extend that Embedded Application.
18. Additional Instances Server+ CAL Model for SQL Server Products The Product is licensed based on a server+ CAL license model. To license an Embedded System for End Users to run Instances in physical or virtual OSEs, Company must assign software licenses to the Embedded System. Company may preinstall any number of Instances in one physical OSE or one virtual OSE on an Embedded System or on a Partition of a Partitioned Embedded System. Company must acquire a COA and shall report and
19. pay royalties for each OSE on which an Instance is installed.
Additional Instances— CAL Model for SQL Server 2005 Enterprise; SQL Server 2008 Enterprise( including R2 releases, if available) Company may preinstall any number of Instances in physical or virtual OSEs on an Embedded System or on a Partition of a Partitioned Embedded System. Company must acquire a COA and shall report and pay royalties for each Embedded System or each Partition on which an Instance is installed.
20. Additional Instances— Per Proc Model for SQL Server 2000 Standard and Enterprise; SQL Server 2005 Standard and Workgroup; SQL Server 2008 Standard and Workgroup( including R2 releases, if available) Company may preinstall any number of Instances of the Product software in physical and virtual OSEs on an Embedded System or on a Partition of a Partitioned Embedded System, provided that the total number of Virtual CPUs and Physical CPUs used by those OSEs does not exceed the total number of CPUs of the Combination distributed on the Embedded System or on a Partition of a Partitioned Embedded System. Company must acquire the applicable COA( s) and shall report and pay royalties for each Embedded System or each Partition on which an Instance is installed.
21. Additional Instances— Per Proc Model for SQL Server 2005 Enterprise; SQL Server 2008 Enterprise( including R2 releases, if available) Company may preinstall any number of Instances of the Product software in physical and virtual OSEs on an Embedded System or on a Partition of a Partitioned Embedded System, provided that the total number of Physical CPUs used by those OSEs does not exceed the total number of CPUs of the Combination distributed on the Embedded System or on a Partition of a Partitioned Embedded System. Company must acquire the applicable COA( s) and shall report and pay royalties for each Embedded System or each Partition on which an Instance is installed.
22. CAL Limitations for SQL Server 2005 Workgroup; SQL Server 2008 Workgroup( including R2 releases, if available) a) SQL 2005 Workgroup CALs may not be licensed, distributed, or used with Microsoft SQL Server 2005 Standard Edition, Enterprise Edition or later versions of SQL Server.
b) SQL 2008 Workgroup CALs may not be licensed, distributed, or used with Microsoft SQL Server 2005 Standard Edition, Enterprise Edition or later versions of SQL Server.
23. CAL Limitations for SQL Server 2005 Standard; SQL Server 2008 Standard( including R2 releases, if available) a) SQL 2005 Standard CALs may not be licensed, distributed, or used with Microsoft SQL Server 2005 Enterprise Edition or later versions of SQL Server.
b) SQL 2008 Standard CALs may not be licensed, distributed, or used with Microsoft SQL Server 2005 Enterprise Edition or later versions of SQL Server.
4. Downgrade Version Rights
SQL Server Additional Terms-- April 2016
8 Packet Pg. 516 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola a) For the purpose of this AT," Downgrade Software" means a previous version of the Product. For example, Microsoft SQL Server 2005, Standard Edition for Embedded Systems is a Downgrade Software of the Microsoft SQL Server 2008 for Embedded Systems Standard. b) Company may preinstall an Instance of the Downgrade Software instead of the Product, as part of the Image. If Company preinstalls an Instance of the Downgrade Software, Company may only upgrade the preinstalled Downgrade Software through the Field Upgrade process. c) Company may not market the availability of the Downgrade Software, except as a right granted in the License Terms. In any marketing, the Product must be featured more prominently than the Downgrade Software. For example, Company may not market an Embedded System as preinstalled with Microsoft SQL Server 2005 when such version was acquired through downgrade rights from a license to Microsoft SQL Server 2008.
d) Company must have a license for the Downgrade Software. e) Company does not owe any additional royalty for the Downgrade Software distributed under this AT.
25. Recovery of Virtual OSEs
For recovery purposes only, Company' s APM may include recovery media for each virtual OSE that contains an Instance of the Product preinstalled on the Embedded System or on a Partition of a Partitioned Embedded System.
26. Update of Virtual OSEs
Company may reproduce and distribute one copy of the Update for each virtual OSE that contains an Instance of the Product preinstalled on the Embedded System or on a Partition of a Partitioned Embedded System.
27. Copies of Product Used for Passive Fail- over( per processor license) For any Operating System Environment in which Company installs Instances of the Product, Company may install up to the same number of passive fail- over Instances in a separate OSE for use by End Users solely for temporary support( each such Instance, a" Fail- Over Instance"), as provided in the License Terms. The number of processors used in that separate OSE must not exceed the number of processors used in the corresponding OSE in which the active Instances are installed for primary use. There is no royalty owed to MS for the Fail- Over Instance; however, a royalty may apply to the operating system installed on the OSE on which the Fail- Over Instance is installed. No COA is required for the Fail- Over Instance.
28. Copies of Product Used for Passive Fail- over( Server+ CAL license) For any Operating System Environment in which Company installs Instances of the Product, Company may install up to the same number of passive fail- over Instances in a separate OSE for use by End Users solely for temporary support( each such Instance, a" Fail- Over Instance"), as provided in the License Terms. There is no royalty owed to MS for the Fail- Over Instance; however, a royalty may apply to the operating system installed on the OSE on which the Fail- Over Instance is installed. No COA is required for the Fail- Over Instance.
29. Minimum License Requirements for an Embedded System Company may distribute the Product with an Embedded System provided that:
a) the total number of CPUs or cores( as applicable) included in the Embedded System are licensed with a number of licenses equal to or greater than the number of CPU or core licenses for the Product and; b) for a Partitioned Embedded System, the total number of CPUs or cores( as applicable) supporting all the partitions which the Product is intended to be run are licensed with a number of licenses an equal to or greater than the number of CPU or core licenses for the Product.
30. Additional Licenses Distributed with an Embedded System The Product may only be distributed with an Embedded System licensed with at least one base license Product as identified in the table below.
Company must distribute the license terms for the Product in a manner that forms a contract binding the End User under applicable law. lift g ` i + its
E' rBase License Pruducts° I` I;'
I viii n ;- 1+ m; } } Product
Microsoft® SQL Server® 2012 Standard for Microsoft® SQL Server® 2012 Standard for Embedded Systems 4 Core Embedded Systems 2 Core Additional License Microsoft® SQL Server® 2012 Enterprise for Microsoft® SQL Server® 2012 Enterprise for Embedded Systems 4 Core Embedded Systems 2 Core Additional License
31. Core License Model Requirements( except SQL Server 2016) a) Definitions
Physical Core" means a core in a physical processor. A physical processor consists of one or more Physical Cores.
Hardware Thread" means either a Physical Core or a hyper- thread in a physical processor.
Virtual Core" means the unit of processing power in a virtual( or otherwise emulated) hardware system. A Virtual Core is the virtual representation of one or more Hardware Threads. Virtual OSEs use one or more Virtual Cores.
SQL Server Additional Terms-- April 2016
9 Packet Pg. 517 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola Core Factor" means a numerical value associated with a specific physical processor for purposes of determining the number of licenses required to license all of the Physical Cores on a server. b) Requirements-- Physical Cores on a Server
The Product is licensed based on a core license model( the number of physical or virtual cores in a server). To license an Embedded System for End Users to run Instances in physical OSEs Company must; 1) distribute a number of core licenses of the Product equal to or greater than the number of Physical Cores in the server, and; 2) ensure the number of licenses distributed equals the number of Physical Cores on the server multiplied by the applicable Core Factor, as referenced in the table below, to determine the appropriate number of licenses needed.
MS reserves the right to update or make changes to the Core Factor at any time.
Processo' Type Core
RESERE. Eir,!aiTiaii-Hiaileiliiili31 Mitt
or
All processors not mentioned below 1
AMD Processors ( 31XX, 32XX, 41XX, 42XX, 61XX, 62XX Series Processors with 6 or more 0. 75 cores)
Single Core Processors 4
Dual Core Processors 2
c) Requirements— Individual OSEs
1) To license an Embedded System for End Users to run Instances in virtual OSEs, Company must distribute a number of Product licenses equal to the number of Virtual Cores intended to be run in the virtual OSE subject to a minimum requirement of four licenses per virtual OSE, and include any additional core Product licenses required by the Software License Terms for Virtual Cores that are intended by the IIIEnd User to be configured to use more than one Hardware Thread. 2) In addition to( c)( 1) above, for Microsoft SQL Server 2012 Enterprise, for each additional license assigned to an Embedded System under b) above, Company may install and configure to run, instances of the server software in an additional OSE on that licensed server.
32. Additional Instances for Passive Fail- over
For Operating System Environments( OSEs) in which Company installs Instances of the Product, Company may install a number of Instances for use by End Users solely for temporary support( each such
Instance, a" Fail- Over Instance"), as provided in the License Terms. No royalty is owed to MS for the Fail- Over Instance; however, a royalty may apply to the operating system installed on the OSE on which the Fail- Over Instance is installed. No COA is required for the Fail- Over Instance. For all Failover Instances installed, Company must ensure that if the Product is licensed by cores:
a) the number of physical cores in the OSE in which the Fail- Over Instance is installed does not exceed the number of physical cores on the licensed OSE and the core factor for the physical processors in that server must be the same or lower than the core factor for the physical processors in the licensed OSE, and,
b) for Virtual Cores, the number of hardware threads used in the OSE in which the Fail- over Instance is installed does not exceed the number of hardware threads used in the corresponding licensed OSE in which the active instances run.
33. Additional Licenses Distributed with an Embedded System a) The Product is comprised of a license card and COA only, and may only be distributed with an Embedded System licensed with at least one Base License Product. A" Base License Product" means the corresponding edition of the Product e. g., Windows Storage Server 2012 Standard is the Base License Product for Windows Storage Server 2012 Standard Additional License. b) The Product may not be distributed on a standalone basis, and as such, all of the rights and obligations that apply to Company' s distribution of the Base License Product apply to Company' s distribution of the Product.
34. Core License Model Requirements— SQL Server 2016
a) Definitions
III
1) " Physical Core" means a core in a physical CPU. A physical CPU consists of one or more Physical Cores. 2) " Hardware Thread" means either a Physical Core or a hyper- thread in a physical CPU.
SQL Server Additional Terms-- April 2016
10 Packet Pg. 518 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola 3) " Virtual Core" means the unit of processing power in a virtual( or otherwise emulated) hardware system. A Virtual Core is the virtual representation of one or more Hardware Threads. Virtual OSEs use one or more Virtual Cores. b) Requirements— Physical Cores on a Server
The Product( or for Microsoft Data Warehouse Appliance 2012, the SQL Server component) is licensed based on a core license model( the number of physical or virtual cores in a server). To license a Customer System for End Users to run Instances in physical OSEs, Company must distribute licenses to of the Product( or component) equal to or greater than the number of Physical Cores in the server. c) Requirements— Individual Virtual OSEs
To license a Customer System for End Users to run Instances in virtual OSEs, Company must distribute a number of Product licenses equal to the number of Virtual Cores intended to be run in the virtual OSE subject to a minimum requirement of licenses to cover 4 Virtual Cores per virtual OSE, and include any additional core Product licenses required by the Software License Terms for Virtual Cores that are intended by the End User to be configured to use more than one Hardware Thread.
35. Microsoft SQL Server 2017 loT— Windows and Linux
Microsoft SQL Server 2017 loT includes both Windows- based and Linux- based installation options. Company may, in accordance with the License Terms, install the Product in either a Windows or Linux operating system environment( OSE), but not both. For Linux- based installation, the Product will be made available as a download only at: https:// aka. ms/ salserver2017installoem.
SQL Server Additional Terms-- April 2016
Il
Packet Pg. 519 Attachment: C-9137 - Agreement - 2021- Motorola Solutions, Inc. (4.9(b)--Approve Addendum to Premier One Contract with Motorola
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to Bid Schedule No. 5293 (Job No. 2665) Clear Creek Wastewater Treatment Plant Pyrolysis Project Phase 1:
(1) Award to SNL Group, Inc., in the amount of $3,927,250; (2) Approve an additional $795,000 to cover the cost of administration and inspection fees and $845,000 for project development costs;
(3) Approve $395,000 to provide construction contingency funding; (4) Authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $75,000; and (5) Find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(b) - Existing Facilities, and Section 15303(d) New Construction or Conversion of Small Structures.
Fiscal Impact
The Clear Creek Wastewater Treatment Plant Pyrolysis Phase 1 Project (Project) is being funded by the Wastewater Utility Funds. Sufficient funding for the project is available in the 2022-23 Wastewater Utility budget.
Cost Summary
Item Estimated
Project Development Costs $845,000
Construction Contract + Contingency $4,322,250
Contract Administration, Inspection, and Testing $795,000 Additional City Manager Authority $75,000
Total Project Costs $6,037,250
MEETING DATE: August 2, 2022
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)--Award Bid Schedule No. 5293, Job Order No. 2665, Clear Creek Wastewater Treatment Plant Pyrolysis Phase 1 Project
Chuck Aukland, Public
Works Director
Packet Pg. 520
Report to Redding City Council July 25, 2022
Re: 4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project Page 2 Project cost components are estimates and some shifting of the project development and construction contingency funds may be necessary to balance the project within the approved budget.
Alternative Action
The City Council may choose to not award the bid for the Clear Creek Wastewater Treatment Plant Pyrolysis Phase 1 Project and provide staff with alternative direction. Without this project, staff would need to pursue other alternatives to managing biosolids disposal at the treatment plant. This may present regulatory, technical, and financial impacts to the Wastewater Utility in the near future.
Background/Analysis
The Clear Creek Wastewater Treatment Pyrolysis Phase 1 Project is an accepted project from the Wastewater Treatment Plant Biosolids Master Plan. The City Council authorized staff to solicit engineering services to design and construct the pilot scale project on October 6, 2020. The project is using an emerging technology for the handling and disposal of biosolids at the wastewater treatment plant. The following items are included in the scope of this project:
installation of biodryers and pyrolysis units, installation of conveyors and elevated support structure with walkway for access and utility routing, installation of a transformer and electrical building, construction of concrete slabs, installation of a pre-engineered metal canopy, and site work which includes yard piping, grading, paving, fencing, and electrical facilities.
Attached is a tabulation of bids received and opened on July 19, 2022, for the Clear Creek Wastewater Treatment Plant Pyrolysis Phase 1 Project. The low bid in the amount of $3,927,250 was received from SNL Group, Inc., of Redding, California. The engineer's estimate was $3,894,000. Total project development costs for this project are estimated to be $845,000.
Project development costs include engineering, surveying, right-of-way, environmental, and consultant services. Total construction administration and inspection costs for this project are estimated to be $795,000. Construction administration and inspection costs include staff time and the consultant fee received through RFP selection. The consultant’s fee includes contract administration, inspection services, and application programming, which is unique to this project. Staff will offer to the Council approval of the consultant selection and execution of the professional services agreement at a later meeting prior to the beginning of construction.
Staff has reviewed the project and determined that the project is Categorically Exempt from review under the California Environmental Quality Act (CEQA) Guidelines, per Section 15301(b) - Existing Facilities and Section 15303 (d) New Construction or Conversion of Small Structures. Class 1 exemptions include minor alteration of existing public facilities and equipment. Class 3 exemptions include the construction of new small facilities or structures, and installation of new equipment. The project will result in negligible or no expansion of use, and a limited amount of new equipment and structures will be constructed. The project has been reviewed for sensitive resources and will not have a significant effect on biological or cultural resources such as threatened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.
Packet Pg. 521
Report to Redding City Council July 25, 2022
Re: 4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project Page 3 Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Location Map
^Notice of Exemption
^ Bid Tabulation
Staff Report_October 2020
Packet Pg. 522
Packet Pg. 523
Attachment: ^Location Map (4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project)
NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Redding 1400 Tenth Street, Room 121 Public Works Department
Sacramento, CA 95814 777 Cypress Avenue
Redding, CA 96001
Shasta County Clerk
County of Shasta
P.O. Box 990880, 1643 Market Street
Redding, CA 96099-0880
Project Title: Biosolids Pyrolysis at the Clear Creek Wastewater Treatment Plant Project JO# 2637-10 Project Location – Specific: 2220 Metz Road
Project Location – City: Redding Project Location – County: Shasta Description of Project: The City of Redding will construct a pilot-scale biosolids pyrolysis project located at the Clear Creek Wastewater Treatment Plant (CCWWTP). Operation of a pilot-scale facility is an important step in meeting regulatory goals (e.g., Senate Bill [SB] 1383) and establishing a permanent solution for the disposal of biosolids.
Construction will occur within the existing CCWWTP facility and will involve vegetation removal; earthwork; trenching; installation of subsurface utilities; construction of concrete pads, shade structures, access road, fencing; modification of existing equipment; and installation of new pyrolysis, biodryer, and electrical equipment.
Name of Public Agency Approving Project: City of Redding Name of Person or Agency Carrying Out Project: Josh Vandiver, Wastewater Utility Manager Exempt Status: (check one)
Ministerial [Section 21080(b)(1); 15268]
Declared Emergency [Section 21080(b)(3); 15269(a)]
Emergency Project [Section 21080(b)(4); 15269(b)]
Statutory Exemptions. State code number:
Common Sense Exemption (This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 15601[b][3]). Categorical Exemption. State type and section number: Sec. 15301(b) Existing Facilities, & Sec. 15303(d) New Construction or Conversion of Small Structures Based on an examination of this proposal and supporting information, the following statements are true and exceptions do not apply: • If this project falls within an exempt class 3, 4, 5, 6, or 11, it does not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law. • There will not be a significant cumulative effect by this project and successive projects of the same type in the same place, over time. • There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. • This project does not damage a scenic resource within an officially designated state scenic highway. • This project is not located on a site included on any list compiled pursuant to Govt. Code § 56962.5 (“Cortese List”) • This project does not cause a substantial adverse change in the significance of a historical resource.
Reasons why project is exempt: Class 1 exemptions include minor alteration of existing public facilities and equipment.
Class 3 exemptions include the construction of new small facilities or structures, and installation of new equipment. The project will result in negligible or no expansion of use, and a limited amount of new equipment and structures will be constructed. The project has been reviewed for sensitive resources and will not have a significant effect on biological or cultural resources such as threatened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.
Lead Agency Contact Person: Amber Kelley Telephone: 530.225.4046 If Filed by Applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? □ Yes □ No Signature:__________________________ Date:_________________________ Title: Environmental Compliance Manager
Signed by Lead Agency Date received for filing at OPR:______________ Signed by Applicant
Amber Kelley
March 7, 2022
Packet Pg. 524 Attachment: ^Notice of Exemption (4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project) BID TABULATION FOR:
CLEAR CREEK WASTEWATER TREATMENT PLANT PYROLYSIS PROJECT PHASE 1 ENGINEER'S EST SnL Group, Inc. Cal Electro, Inc.
7/19/2022 UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $4,000.00 $4,000.00 $18,250.00 $18,250.00 $1,500.00 $1,500.00 2 Trench Sheeting & Shoring LS 1 $7,000.00 $7,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 3 Modifications to Existing Dewatering
Building LS 1 $545,000.00 $545,000.00 $673,000.00 $673,000.00 $80,000.00 $80,000.00 4 Biodryer and Pyrolysis Facility LS 1 $2,139,000.00 $2,139,000.00 $2,650,000.00 $2,650,000.00 $3,080,000.00 $3,080,000.00 5 Site Electrical and Electrical Building LS 1 $1,199,000.00 $1,199,000.00 $580,000.00 $580,000.00 $1,300,000.00 $1,300,000.00 TOTAL - CONTRACT ITEMS $3,894,000.00 $3,927,250.00 $4,465,500.00 Cushman Contracting Corp. Stewart Engineering, Inc. GSE Construction Company
UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $15,000.00 $15,000.00 $93,500.00 $93,500.00 $4,900.00 $4,900.00 2 Trench Sheeting & Shoring LS 1 $2,000.00 $2,000.00 $5,800.00 $5,800.00 $100.00 $100.00 3 Modifications to Existing Dewatering
Building LS 1 $290,000.00 $290,000.00 $270,000.00 $270,000.00 $400,000.00 $400,000.00 4 Biodryer and Pyrolysis Facility LS 1 $3,250,000.00 $3,250,000.00 $3,417,500.00 $3,417,500.00 $4,290,000.00 $4,290,000.00 5 Site Electrical and Electrical Building LS 1 $1,300,000.00 $1,300,000.00 $1,262,200.00 $1,262,200.00 $550,000.00 $550,000.00 TOTAL - CONTRACT ITEMS $4,857,000.00 $5,049,000.00 $5,245,000.00 TNT Industrial Contractors,Inc. RTA Construction, Inc. Bayview Engineering & Const.
UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $39,632.00 $39,632.00 $20,000.00 $20,000.00 $56,186.03 $56,186.03 2 Trench Sheeting & Shoring LS 1 $19,482.00 $19,482.00 $3,000.00 $3,000.00 $98,391.83 $98,391.83 3 Modifications to Existing Dewatering
Building LS 1 $116,712.00 $116,712.00 $275,000.00 $275,000.00 $415,374.75 $415,374.75 4 Biodryer and Pyrolysis Facility LS 1 $3,630,503.00 $3,630,503.00 $2,780,000.00 $2,780,000.00 $4,094,834.28 $4,094,834.28 5 Site Electrical and Electrical Building LS 1 $1,525,507.00 $1,525,507.00 $2,400,000.00 $2,400,000.00 $1,744,509.74 $1,744,509.74 TOTAL - CONTRACT ITEMS $5,331,836.00 $5,478,000.00 $6,409,296.63 Bid Schedule No.: 5293
Packet Pg. 525 Attachment: ^ Bid Tabulation (4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize staff to solicit engineering services to design and construct a small-scale pyrolysis system to process municipal wastewater biosolids (biosolids) at the Clear Creek Wastewater Treatment Plant.
Fiscal Impact
The City Council (Council) approved Biosolids Master Plan preliminarily estimates a small-scale pyrolysis project will cost approximately $6,100,000. Moving forward with the design phase is estimated at $610,000. Sufficient funding is available in the current Fiscal Year 2020-21 Wastewater Utility budget.
Alternatives Action
The Council may decline to approve this project and provide alternate direction to staff. Staff would pursue other alternatives to managing biosolids disposal at the Stillwater and Clear Creek Wastewater Treatment Plants. This may present regulatory, technical and financial impacts to the Wastewater Utility.
Background/ Analysis
Staff is proposing to engage a consultant to assist with planning and design of a small-scale pyrolysis unit to better prepare the City of Redding (City) to comply with environmental regulations and provide a long-term sustainable solution to the disposal of biosolids from both wastewater treatment plants. The handling and disposal of biosolids is highly regulated, with continuously evolving environmental legislation in the State of California. The City of Redding (City) currently disposes of this material at the local landfills.
MEETING DATE: October 6, 2020
ITEM NO. 4.11(h)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(h)--Authorize a Pilot Scale Project for Biosolids Pyrolysis Process.
Chuck Aukland, Public
Works Director
Packet Pg. 526 Attachment: Staff Report_October 2020 (4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project) Report to Redding City Council September 29, 2020
Re: 4.11(h)--Authorize Biosolids Pyrolysis Project at CCWWTP Page 2 California Senate Bill (SB) 1383 codified California's commitments to reduce greenhouse gas emissions and air pollution statewide. It identified methane emissions from landfills as one area to address in order to meet California’s target to reduce Green House Gas emissions 40 percent below 1990 levels by 2030. SB 1383 enhances California’s efforts to achieve the statewide 75 percent recycling goal by 2020, established in California Assembly Bill (AB) 341, and strengthen the implementation of mandatory commercial organics recycling established in AB 1826. As AB 341 set the roadmap to find beneficial uses for organics and divert them from landfills, AB 1594 specifically phases out the credit allowed from biosolids being utilized as “Alternative Daily Cover” for landfills and classifies all green waste as regular disposal. What this means is landfills are being forced to divert organic waste, including biosolids, whereas landfill disposal of biosolids will not be a viable option in the future.
More recently, the State Water Resources Control Board (SWRCB) issued an order requiring all Publicly Owned Treatment Works (POTWs) to sample and report results for Per- and Polyfluoroalkyl Substances (PFAS). PFAS are a group of man-made chemicals that have been in use since the 1940s and are found in a wide range of consumer products used daily such as cookware, pizza boxes and stain repellants. These chemicals are commonly conveyed via the wastewater to the POTW passing through the plant treatment processes and remaining in the biosolids as they are not removed from the effluent waste stream. The Wastewater Utility will begin sampling for PFAS at its wastewater treatment plants shortly and will know if PFAS are present by early next year.
On August 18, 2020, the Council accepted the aforementioned 2020 Biosolids Master Plan as a general planning document to be used by the Wastewater Utility. Several biosolid disposal alternatives were evaluated utilizing many technical, financial and regulatory criteria. The recommended alternative was implementation of new technology utilizing process known as pyrolysis.
Pyrolysis is the process of burning without a flame; utilizing heat produced to thermally remove volatile organics, leaving behind a sequestered carbon solid that is held in a permanent state that can be beneficially reused. This “biochar” locks the carbon into an extremely stable and beneficial soil amendment that returns the carbon to the soil, therefore virtually eliminating the releasing of carbon in the form of methane to the atmosphere. Other uses for the residual biochar include a replacement for carbon black in manufacturing and as activated carbon for filtration.
The potential benefits of pyrolysis include the following:
1. A reduction of biosolids in volume and weight by up to 90 percent, could be achieved, thus substantially reducing storage and hauling costs.
2. A high percentage of the carbon content of the material processed is retained in pyrolysis biochar, resulting in less overall carbon dioxide emissions (i.e. sequestration).
3. Biochar has the potential to be used as a soil amendment or replacement for carbon black in an industrial manufacturing process.
4. Since pyrolysis does not fully combust the material being processed, compliance with air quality requirements for the system exhaust is more readily achievable and permitting will be less complex.
5. Pyrolysis of biosolids results in the destruction of PFAS, which are an emerging concerning contaminant that could affect land application of biosolids in the future.
Packet Pg. 527 Attachment: Staff Report_October 2020 (4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project) Report to Redding City Council September 29, 2020
Re: 4.11(h)--Authorize Biosolids Pyrolysis Project at CCWWTP Page 3
6. Pyrolysis is largely unaffected by the nitrogen content of the biosolids being processed, which makes this technology particularly attractive when taking into consideration the acceptance of food waste.
7. Pyrolysis can be a self-sustained process that generates enough energy such that electricity or natural gas are not used once stable operation is achieved, once the pyrolysis process operating temperature is reached (using syngas generated from the biosolids to burn).
The Biosolids Master Plan recommended that the City consider implementing a small‐scale pyrolysis system at Clear Creek Wastewater Treatment Plant (CCWTP) in order to gain operating experience to prove the technology prior to constructing a full‐scale facility. As of today, pyrolysis is an emerging technology and selection of this alternative may result in the need to sole‐source or pre‐select an equipment provider with a track record of proven municipal installations, given there are very few in the United States. Operation of a small‐scale facility could be an important step in meeting regulatory goals and establishing a permanent solution for the disposal of biosolids.
Staff will continue to investigate alternative disposal methods including trucking to regional facilities, composting, and land application to ensure flexibility in decision making and ultimate investment of resources.
Council Priority/ City Manager Goals
Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
Biosolids MP Staff Report - Aug 18, 2020 4.11.e (available online) Packet Pg. 528 Attachment: Staff Report_October 2020 (4.11(a)--Award Bid Schedule No. 5293 CCWWTP Pyrolysis Phase 1 Project)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the purchase of one 2024, Autocar ACX, three-axle Rotopak Automated Side Loader using Sourcewell contract pricing, with a net delivered cost of $453,781.53, including all applicable taxes and fees, for the City of Redding Solid Waste Utility.
Fiscal Impact
Funding for the replacement of one (1) residential automated side loader was planned and included in the approved Rolling Stock Plan. Staff budgeted $423,500 for the purchase of this unit. Due to increased costs of metal and petroleum products, an additional $30,281.53 is being used from the Solid Waste Utility’s (Utility) existing Rolling Stock Fund to cover the additional cost associated with the purchase. The Utility’s Rolling Stock Fund will still have sufficient funds to cover remaining planned and budgeted purchases for the current budget cycle.
Alternative Action
The City Council may choose not to authorize the purchase using Sourcewell contract pricing, and direct staff to use the City of Redding’s (City) bid process, which would delay the acquisition of the truck.
Background/Analysis
A core function of the Utility’s daily operations includes collecting residential garbage, green waste, and recycling. Beginning January 1, 2022, compliance with Senate Bill 1383, regarding organics recycling increases the need for Rotopak style trucks to collect organics. Its unique design includes a sealed body (to prevent liquids from leaking out) with an auger for breaking down items as it packs material into the body of the truck. It is and excellent choice for collecting food waste and makes burying refuse much easier. The Utility utilizes a total of 15 residential side loads; 12 of which are used on a daily basis for collecting pre-determined routes, while three are utilized as spares when one of the other trucks is out of service.
MEETING DATE: August 2, 2022
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(b)--Purchase of One Autocar Rotopak Sideloader Using Sourcewell Contract Pricing
Chuck Aukland, Public
Works Director
Packet Pg. 529
Report to Redding City Council July 24, 2022
Re: 4.11(b)--Purchase One Autocar Rotopak Sideloader Page 2 Replacing one (1) unit aligns with the adopted Rolling Stock Plan; in particular, this unit will replace fleet number 02429. This truck has surpassed the end of its expected lifecycle based on the cumulative cost of repairs, maintenance, breakdowns, age of the equipment, and an increase in cost to maintain.
This unit is available under a Sourcewell competitively bid contract. Sourcewell develops national competitive solicitations that meet or exceed local standards, and offers its members the benefits derived from cooperative purchasing. Using the Sourcewell cooperative contract to purchase this truck saves significant staff time needed to prepare bid specifications and solicit individual quotations from vendors. The City also receives a significant price discount due to economies of scale realized through the volume of purchases on a multi-agency cooperative contract.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Rolling Stock Request - 551
^Rotopak Quote
Packet Pg. 530
Packet Pg. 531 Attachment: ^Rolling Stock Request - 551 (4.11(b)--Purchase One Autocar Rotopak Sideloader) Packet Pg. 532 Attachment: ^Rotopak Quote (4.11(b)--Purchase One Autocar Rotopak Sideloader) Packet Pg. 533 Attachment: ^Rotopak Quote (4.11(b)--Purchase One Autocar Rotopak Sideloader) Packet Pg. 534 Attachment: ^Rotopak Quote (4.11(b)--Purchase One Autocar Rotopak Sideloader) Packet Pg. 535 Attachment: ^Rotopak Quote (4.11(b)--Purchase One Autocar Rotopak Sideloader) Packet Pg. 536 Attachment: ^Rotopak Quote (4.11(b)--Purchase One Autocar Rotopak Sideloader)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions regarding the leasing of pay stations to replace obsolete parking meters and purchase of a citation and payment system to upgrade the user paid parking system in Downtown Redding:
(1) Authorize the Public Works Department to negotiate, and the City Manager to execute, a Lease Agreement with Flowbird (through Wasco Capital Services, LLC), using its Sourcewell contract for the purpose of leasing pay stations for the parking program, for a total five-year cost for the pay devices in the amount of $752,740; (2) Authorize the purchase of a Citation and Payment Management System (CPMS), including equipment and software, with Data Ticket, Inc., through “piggy-back” options on its contract with the City of Beverly Hills to manage the parking data system, payment of citations, and the parking permit system; and
(3) Find that the actions are categorically exempt from review under the California Environmental Quality Act (CEQA), per Section 15301 – Existing Facilities.
Fiscal Impact
The City of Redding (City) requires 50 pay stations to replace the obsolete parking meters that would provide adequate coverage to serve the parking area in the Downtown Redding. In an effort to reduce one-time upfront capital costs, the Public Works Department proposes to enter into a lease agreement with Flowbird, a consultant recommended vendor, to provide the required equipment. The proposed term would be 60 months at a monthly rate of $12,340 which will be paid from the Parking Fund. After 60 months, the lease would reduce significantly to include only monthly maintenance charges estimated at $54,000 a year or $4,333 monthly. The first-year cost will be approximately $172,760 which includes first and last month lease as a deposit. The total five-year cost for the pay devices, including interest, would be $752,740 (versus $648,138 cash payment), which averages $150,548 annually (approximately $3,010 annually per device).
MEETING DATE: August 2, 2022
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Authorize the Public Works Department to negotiate a Lease Agreement with Flowbird and Data Ticket Inc to Purchase Parking Equipment.
Chuck Aukland, Public
Works Director
Packet Pg. 537
Report to Redding City Council July 27, 2022
Re: 4.11(c)--Purchase Parking Equipment Page 2
An additional component necessary to operate the parking program is the Citation and Permit Management System (CPMS). This system will provide the means to manage payment and enforcement of the parking system including the necessary equipment and software. The City’s parking consultant has highly recommended Data Ticket, Inc. (Data Ticket), to work in conjunction with the Flowbird pay stations as the CPMS. This system is Oracle based and will work in conjunction with the City’s new Enterprise Resource Program once implemented. The purchase of the CPMS system includes: two handheld ticketing devices that will be able to print parking tickets, the license plate reader (LPR) devices that will be attached to existing police vehicles to aid in parking enforcement, and an online permit application system. The handheld devices, printers and ticket paper will cost $7,558.75 annually, with a small monthly fee for the two phone contracts as a monthly cost. The LPR devices will require an initial cost of $72,995 to purchase the equipment with a $9,200 annual recurring fee for service. The online permit application will allow for online payments and cost $2,500 upfront with a $2,000 monthly base fee ($24,000 annually). Total five-year costs for the CPMS system and equipment is approximately $251,797 which averages $50,360 annually.
The table below provides a breakdown of the five year costs and includes the ongoing costs following Year 5.
The consultant pricing model estimates that at $1.00 per hour, Monday through Friday, 8:00 a.m. to 6:00 p.m., with approximately 525 paid parking spaces, the revenue would be approximately $400,000 or more annually assuming a 60 percent compliance rate and 50 percent occupancy.
This revenue along with the revenue generated through fines and enforcement is expected to be sufficient to cover the costs of the parking system downtown including enforcement, management, utilities, maintenance, and leasing of private facilities. Therefore, with current projections, staff does not anticipate any negative impact to the General Fund. Staff will continue to monitor the actual results in comparison to the assumptions. If there is a need to make any changes, or an impact on the General Fund develops, staff will return to the City Council (Council) to discuss recommendations.
Alternative Action
The Council may choose to not authorize the execution of an agreement with Flowbird and Data Ticket and provide staff with an alternative direction. Staff would be required to develop the necessary specifications to solicit vendors through the traditional bid process; thereby delaying implementation of the parking system and risk procuring incompatible systems that do not properly integrate with current and future City financial and management systems.
Year No. of Pay
Stations
Cost per Year
Pay Stations LPR Devices Data Ticket Costs Cost Per Year Year 1 50 $172,760 $72,995 $34,058 $ 279,813
Year 2 50 $148,080 $9,200 $26,986 $ 184,266
Year 3 50 $148,080 $9,200 $26,986 $ 184,266
Year 4 50 $148,080 $9,200 $26,986 $ 184,266
Year 5 50 $135,740 $9,200 $26,986 $ 184,266
Year 6 + 50 $54,000 $9,200 $26,986 $ 90,186
Packet Pg. 538
Report to Redding City Council July 27, 2022
Re: 4.11(c)--Purchase Parking Equipment Page 3
Background/Analysis
On April 5, 2022, the Council approved recommendations included in the Operational Needs Assessment (Assessment) for the Parking Strategy in Downtown Redding. The assessment provided a series of recommendations to be implemented in a phased approach to procure the equipment and resources needed to get a new program executed. One of the major recommendations was to allow use of multi-space pay stations, the use of credit cards or mobile payment tools, and procurement of CPMS software. The pay stations will allow for convenient mobile payment options as well as consolidate infrastructure. The CPMS system will allow for necessary enforcement equipment, online payments of citations, data management and reporting to ensure proper assessment of capacity and utilization, and provide for the purchase of employee and residential parking permits online. It will also allow permit holders to upload verification documentation and to print permits from their home computer. This system will automatically manage back office distribution of citation fees and coordination with the California Department of Motor Vehicles. This will greatly reduce the workload in the Office of the City Treasurer and the Finance Department in handling these fees and permits.
These purchases will significantly upgrade the existing parking infrastructure and provide for proper management systems to achieve the overall 85 percent utilization rates that will allow sufficient parking turnover for businesses and patrons of downtown and ensure adequate parking for all day employees.
The pay stations are available under a Sourcewell competitively-bid contract. Sourcewell develops national competitive solicitations that meet or exceed local standards, and offers its members the benefits derived from cooperative purchasing. Using the Sourcewell cooperative contract to purchase the pay stations saves significant staff time needed to prepare bid specifications and solicit individual quotations from vendors. The City also receives a significant price discount due to economies of scale realized through the volume of purchases on a multiagency cooperative contract.
The Data Ticket software is proposed to be purchased through a “piggy-back” contract that was originally completed by the City of Beverly Hills. Piggy-back contracts are a common purchasing method that are used for contracts that have already been vetted to ensure that they meet all Federal, State, and local guidelines for purchasing. In this case, the contract had additional options the City of Redding is able to utilize and can therefore take advantage of the larger bulk pricing the original agency obtained.
All agreements will be approved as to form by the City Attorney prior to execution.
Staff has reviewed the actions and determined they are Categorically Exempt from review under CEQA, per Section 15301. Class 1 exemptions allow the permitting, leasing, and operation of public or private structures, facilities, mechanical equipment, or topographical features that involve negligible or no expansion of existing or former use. The actions will have negligible expansion of use, as the pay stations will be installed in existing parking areas, most of which currently have parking meters. In addition, the City’s existing parking citation and payment method will be replaced with the CPMS software. These activities have no potential to have a significant effect on the environment.
Packet Pg. 539
Report to Redding City Council July 27, 2022
Re: 4.11(c)--Purchase Parking Equipment Page 4
Council Priority/City Manager Goals
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Flowbird Quote
^Data Ticket - Permit Cost Model
^Data Ticket Handheld Mobile Citation and Printers Quote ^Data Ticket - LPR Devices by Vigelent Solutions
^Notice of Exemption
Previous Staff Report 4-5-22
Packet Pg. 540
Cale - Confidential Quotation
For: Redding, CA
Quote Issued: June 30, 2022 Quote Expires: July 31, 2022 Quote Name: CWTCC S4+ **50**
Sourcewell Solicitation Number: RFP #080321 Quote ID: 501 General Information
Bill To: Contact:
Redding, CA Redding, CA
Prepared By: Prepared For:
Kerry Loomis Zach Bonnin
Equipment
Product Name Quantity
Unit
Price
Year One
Total
Year Two
Total
Year Three
Total
CWTCC Touch S4 Plus
Includes:
Custom Configuration: Pay by Plate
Color: Black
Power: Solar (40)
Payment Methods: Credit/Debit Card; Coin
Coin Canister (40)
Ticket Roll (40; one per unit)
Display: 9.7" Color Touch Display
Warranty: One Year Hardware Warranty
50 $6,500.00 $325,000.00
Coin Box
Spares for Collection
25 $295.00 $7,375.00
CWTCC Spare Parts Bundle B
Bundle includes ONE of the following:
Mainboard for CWTCC
SD Card
Coin Changer
Printer Assembly
4G LTE Modem
Display Assembly
Core Chip
Card Reader
2 $3,150.00 $6,300.00
Receipt Paper (10 Rolls to a Box)
1 box contains 10 rolls
This is standard receipt stock.
If a custom logo is needed, to be pre-printed on the receipt, please ask for custom receipt paper to be quoted.
6 $250.00 $1,500.00
Sales Tax
Calculated 7.25% if not sales tax exempt. Certificate must be filed upon executing quote.
1 $24,663.00 $24,663.00
Annual Total $364,838.00 $0.00 $0.00
Packet Pg. 541 Attachment: ^Flowbird Quote (4.11(c)--Purchase Parking Equipment)