Ci
ty Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01087 May 31, 2022
T
itle: Agreement: Radio Equipment Maintenance [Published for 10-Day Review 05/20/2022]
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or City Manager’s designee to execute a nonprofessional service agreement with Motorola Solutions, Inc. (Motorola) to provide citywide radio maintenance, upgrades and implementation services to support the City’s voice radios for five (5) consecutive terms ending on July 1, 2027, for an amount not-to- exceed $4,000,000.
C
ontact: Manuel Martinez, IT Supervisor, (916) 808-8785, [email protected]; Cassy Vaioleti-Matu, Program Specialist, (916) 808-8047, [email protected], Information Technology; Maria MacGunigal, CIO, (916) 808-7998, [email protected], Information Technology .
P
resenter: None
A
ttachments:
1-Description/Analysis
2-Agreement
Description/Analysis
Issue Detail: The City of Sacramento utilizes two-way radios to provide immediate, mission critical first responder and municipal radio communications services on a day-to-day basis as well as in emergency situations. Routine radio maintenance, support, and trouble-shooting services are required to ensure the City’s radios and associated equipment is operating properly. In addition, radio installation and maintenance services are needed to support the City’s typical and specialized fleet vehicles including the City’s helicopters and incident command vehicle.
On February 24, 2021, the Information Technology Department issued a Request for Proposal (RFP) (P21071011004) to replace the current radio maintenance agreement with Motorola (City Agreement 2012-1019). The city received one responsive proposal and that proposal came from Motorola. The proposal was reviewed and evaluated by a team consisting of staff from the Information Technology, Police and Fire Departments. The evaluation team determined that the proposal from Motorola best met the City’s radio maintenance requirements.
Policy Considerations: The recommendations in this report are in accordance with the City’s policy for the procurement of nonprofessional services, AP 4101.
The Sacramento City Code City Code Section 4.04.020 and Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a 2/3 vote of the City Council, all labor agreements, and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to City Council action. This item was published for 10-day review on May 20, 2022, in compliance with the City Code.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Motorola has been the City’s service provider for radio equipment maintenance for over 20 years and has provided exceptional customer service, technical ability, and overall responsiveness to the City’s radio communication needs. Based on Motorola’s proposal and prior service performance staff recommends awarding an agreement to Motorola to continue the City’s radio maintenance services.
Financial Considerations: No additional funding is needed. The services will be funded by operating and/or Capital Improvement Program (CIP) budgets from those departments requiring these services.
Local Business Enterprise (LBE): Motorola is not an LBE. The minimum LBE participation requirement was waived by the Director of Information Technology as the staff has determined the waiver is in the City’s best interest.
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:
CONTRACT NAME: Land Radio Maintenance
CONTRACT PROJECT #:
DEPARTMENT: Information Technology
DIVISION: IT Operations
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Motorola Solutions, Inc.
6450 Sequence Drive
San Diego, CA 92121
Phone: 818-843-3068
[email protected]
(“Contractor”), as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date. This Contract shall be effective beginning the date it is fully executed by the duly authorized parties.
2. Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”).
Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services : (a) Contractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.
Form Approved by City Attorney 9-1-2020 Page 2
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.
4. Payment. City shall pay Contractor at the times and in the manner set f orth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any.
CITY shall furnish to CONTRACTOR only the facilities and equipment listed in City Contract 2013-0267
6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage.
A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process . A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program . The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Manuel Martinez, IT Supervisor
915 I Street, Sacramento, CA 95814
Phone: (916) 808-9785
[email protected]
The CONTRACTOR Representative for this Agreement is:
Motorola Solutions, Inc.
6450 Sequence Drive
San Diego, CA 92121
Phone: 818-843-3068
[email protected]
Unless otherwise provided in this Contract, a ll Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance. The Services described in this Contract shall be provided for on the Effective Date . Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1
EXHIBIT B
PAYMENT
1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 4,000,000 . The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.
3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable)
D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract.
6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completi on of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs f or performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:]
The services provided under this Contract include [check one if applicable]:
________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre -construction, construction, or post-construction phases of the project; or
__X _ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above , this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with t he provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In a ddition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.
B. DIR Registration : California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public - Works/Contractors.html. The above summary is provided so lely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractor shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub -agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
___ No automobile liability insurance is required , and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non - owned and/or hired autos as appropriate to the operations of the Contractor.”
4. Excess Insurance . The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requiremen ts to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”
6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage . Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or feder al agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor.
It is further understood and agreed that Contractor will issue W -2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors.
D. The provisions of this section will survive any expiration or termination of this Contract.
Nothing in this Contract creates an exclusive relationship between CITY and Contractor.
Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2
2. Licenses; Permits, Etc. Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract , including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract.
Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: an y and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographin g, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon an y third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding . However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, tha t, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4
9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract . All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession.
Contractor shall assign only competent p ersonnel to perform on its behalf under this Contract.
Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member . I f the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice , Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later tha n five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial informat ion requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this section will survive any expiration or termination of this Contract.
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity. During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment ,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”
B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical han dicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books , records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of non compliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to Contractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
19. Entire Agreement. This Contract, including all Exhibits and documents referenced herein , contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract . The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a wai ver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California , except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities th at will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for particip ating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or princip al of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fro m covered transactions by any federal or state department/agency;
(2) Has not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three -year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administr ation for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason o f changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
Attachment 1 to Exhibit A
Scope of Service
1 Summary of Services.
This Attachment 1 to Exhibit A (“Attachment”) supplements and incorporates by this reference the agreement between the nonprofessional services between the City of Sacramento (“CITY” or “City”) and Motorola FSO (“CONTRACTOR” or “contractor” or “Motorola”) for the maintenance of radio assets, (the “Contract”).
The Attachment is the Scope of Services for the Contract. In the event of a conflict between the provisions of the Attachment and the Contract, the provisions of the Attachment shall prevail.
The defined word or terms in the Contract, if used in this Attachment, those words or terms shall have the same meaning given to them in the Contract, unless otherwise expressly defined herein.
2 Time of Performance.
CONTRACTOR shall provide the Services during the Contract’s term which is five (5) consecutive terms as further described herein. The Contract’s first term shall begin on the Effective Date and end on June 30, 2023. All successive terms are for one year and will automatically renew on July 1st of each year thereafter, unless terminated sooner or extended at the City’s sole discretion. For further clarification, the second term shall begin on July 1, 2023 and the fifth term shall end on July 1, 2027. The City may extend this Contract for up to an additional five (5) one-year terms, for a maximum Contract term of ten (10) consecutive terms, not to exceed ten (10) years from the Effective Date.
3 Definitions.
“Archive Interface Server” or “AIS” means a server or component that works with the Voice Processing Module (VPM) to record radio traffic on Motorola’s ASTRO twenty-five (25) systems.
It sends all related metadata for each radio transmission, which includes talkgroup, radio ID, primary alias, call type, time, and date. It also acts as a decryption service for private radio transmission, so that audio can be passed to a digital logging recorder. “APX” means a 3-letter designator created by Motorola to identify the model platform or series of an APX family radio product line.
“Business Day” means any day (other than a Saturday or Sunday) when banks are generally open for normal business in the City of Sacramento.
“Business Hours” means: 6am to 2:30pm PST on a Business Day. Unless mutually agreed upon Shop Lead and City Radio Engineer.
“City Fleet” means a variety of motor vehicles or motorized equipment owned by the city and used by city personnel who are authorized to operate such vehicles. This includes, but is not limited to trucks, cars, vans, motorcycles, fire apparatus, medic, patrol cars, industrial vehicles, boats (watercraft) or aircraft.
“Console Alias Manager” or “CAM” means an alias tool that translates the radio ID to show the police officer’s ABRA number or vehicle unit.
“Code Plugs” means a software configuration file that is installed in a radio that dictates how a radio will operate.
“Carrier” means a wired or wireless service provider used by the city to transport data circuits or broadband data services.
“City Radio Engineer” means the representative of the City that manages all city voice radios, code plugs, and the development of radio templates.
“Consolette” means a mid-power self-contained desktop or base station radio designed to manage small operations.
“Contract Representative” means a designated person from Motorola Solutions, Inc who can speak regarding the contract.
“Conventional Radio” means the most basic radio communications, a traditional method of frequency utilization. Conventional radio operate on fixed channels and each user group is permanently assigned a fixed frequency or a set of frequencies. Typically refers to radio-to- radio communications, sometimes through a repeater.
“CP” means a 2-letter designator created by Motorola to identify the model platform or series of CP family portable radio product line.
“Demarcation” or “DMARC” means the point where the dividing line determines who is responsible for installation and maintenance of wiring and equipment. “Deskset” means a peripheral for a consolette that looks like a desk phone and can transmit from a remote consolette.
“Dispatch Console” means a computer such as workstation or laptop that interfaces to the radio system.
“E-Waste” means electronic products that are unwanted, not working, and nearing or at the end of their “useful life” that is maintained by Motorola Solutions, Inc. “FCC” means Federal Communications Commission.
“Fields Service Organization” or “FSO” means an internal division of Motorola Solution, Inc.
FSO is responsible for local technical support to Motorola customers on site, and for the operation and maintenance of all field and support services contracts. FSO also provides support to regional partner shops as necessary in support of local customers. “Flashing” means a firmware update, performed on a radio to provide additional features. “Fleet Maps” means a dataset outlining all the talkgroups available in the radio environment. “Inventory counts” means the assets that are covered under this maintenance agreement in Attachment 2 to Exhibit B. Any assets not listed shall be billable as time and materials. “Land Mobile Radio” or “LMR” means person-to-person voice communication systems consisting of two-way radio transceivers which can be stationary and shall consist of mobile, portable, dispatch consoles, and consolettes.
“Motorola Solutions Technical Notification” or “MTN” means an updated information on products, including upgrades, options and revisions, as well as alerts to potential problems and workarounds.
“Mobile” means a truck, car, sedan, van, station wagon, motorcycle, fire apparatus, medic, patrol car, undercover car, pickup truck, boat (watercraft) or aircraft. (it may not be required for this scope; however, for the vendor, this is required for FAA certifications) “Mobile radio” means a radio unit that is mounted inside a mobile vehicle that is part of the City Fleet.
“National Fire Protection Association” or “NFPA” means an international organization devoted to preventing injury or damage due to fire, electrical and related hazards. “Original Equipment Manufacturer” or “OEM” means an original equipment manufacturer, which makes systems or components that are used in another company’s product. “Peripheral” means an accessory added to an active radio use to enhance or control a radio such as lapel mics, headsets, foot pedals, antennas, belt clip or holsters. “Portable radio” means a battery powered radio unit that is small enough to be carried by a person. Portable is also known as a handheld radio.
“Project 25” or “P25” means a suite of standards developed by digital voice and data communications systems suited to public safety and first responders focusing on interoperability.
“Provision” means the process of preparing, equipping, and testing a radio with the appropriate data and software to make it ready for its users. This shall include, engraving or labeling of such, programming, and testing of the radio’s operation on the city’s radio system. “Proxy server” means a system or router that provides a gateway between users and the internet. It’s an intermediary server separating end-user clients from the destinations that they browse. Proxy servers act as a firewall and web filter, provide shared network connections, and cache data to speed up common requests.
“Radio Liaison” means a city employee designated within its own department to authorize and approve financial decisions in purchasing and maintaining radio equipment. “Radio Service Environment” means the use of radio frequencies for voice communications in the City.
“Radio Template” means the talkgroups that are programmed in a radio. “Response” means providing a response to the Customer via the standard support channels. “Shop Lead” means a designated person who oversees installers and technicians for the City radio maintenance.
“SLA” means Service Level Agreement which designates a timeframe for service and repairs. “Software Upgrade Agreement” or “SUA” means a complete package of software, hardware, and implementation services to keep the system current. “Special Projects” means a new enhancement to our Radio Services Environment or related electronic feature that can be supported, after Provisioning. “Stock radio” means a surplus radio or radio that has not been provisioned for a specific vehicle or location.
“Talkgroup” means a virtually defined radio channel used to transmit and receive voice conversations within its own group.
“Ultra High Frequency” or “UHF” means the radio frequencies in the range of between 300 megahertz (“MHz”) and 3 gigahertz (“GHz”), are blocked by hills and buildings, but transmission through walls and indoor reception are strong. UHF are used for television broadcasting, cell phones, satellites, personal radio services, Wifi, Bluetooth, cordless phones, GPS, and other applications.
“Very High Frequency” or “VHF” means the radio frequencies from 30 to 300 megahertz (“MHz”), are blocked by hills and mountains, but are used in FM radio broadcasting, television broadcasting, two-way land mobile radio systems, air traffic control, and air navigation systems. “Vehicle Build” means additional services performed on a City vehicle including, without limitation, adding a computer, dock equipment, camera system, radio, or electronic equipment packages as defined in Attachment 3 to Exhibit B, which is attached hereto and incorporated herein by this reference, packages listed include In-Car-Camera (“ICC”) system, networking or modem equipment, laptops, David Clark headsets, radios, and/or antennas. “Virtual Private Network” or “VPN” means an extension of a private network establishing a virtual point-to-point connection through the use of dedicated circuits or tunnel protocols over existing networks. VPN ensures the security and encrypted connections for data that is being sent or received on the network.
“Work Order” means a ticketing system used to submit, organize, prioritize, and resolve support tickets.
“XTL” means a 3-letter designator created by Motorola to identify the model platform or series of an XTL family mobile radio product line.
“XTS” means a 3-letter designator created by Motorola to identify the model platform or series of an XTS family portable radio product line.
4 Deliverables
CONTRACTOR shall provide an all-inclusive maintenance and upgrade to the City’s LMRs, subscribers both P25 and Conventional Radios, (“Radios” or “radios”). CONTRACTOR shall include portables, mobiles, consolettes, console radios and peripherals for the voice radio’s operation, as well as repeaters, VHF, and UHF transmitters are included as part of this Contract.
An itemized breakdown of active radio and radio-related equipment is included in this Contract and located in Attachment 2 to Exhibit B, which is attached hereto and incorporated herein by this reference.
4.1 General Requirements
a. CONTRACTOR shall repair City inventoried radios at contractor’s facility based on the SLA.
b. The City’s radios shall be maintained and repaired to the radio’s respective manufacturer’s specifications provided OEM parts are readily available. In the event OEM parts are no longer available, CONTRACTOR shall notify the City Radio Engineer and mutually develop a transition plan to a different radio model and covered accessory. c. Contractor shall program and perform software updates to radios at no additional cost and such performance shall be included as part of the Services. d. The Service will include on-site maintenance for police, fire, and local government departments on an as needed basis. The on-site maintenance will be provided at Fire Headquarters, Fire Stations, Police Headquarters, Police substations, Police and Fire Communications Centers, and City Corporation Yards.
e. Contractor agrees to provide a rapid parts procurement procedure, which provides an expedient next day response to repair action requests on high priority and/or critical communications equipment covered by this contract. This procedure shall be used as necessary or if deemed appropriate by the City representative at no additional charge. f. CONTRACTOR shall obtain approval of radio templates by City Radio Engineer prior to being installed, modified, or programed.
g. CONTRACTOR shall be responsible for performing biennial radio maintenance starting the month of January and to complete within 90 days of its start date. The City Radio Engineer reserves the right to modify deadlines and coordinate the radio maintenance for the City’s radio inventory.
h. New equipment purchased by the City through CONTRACTOR shall be provisioned into the City’s radio inventory and covered by the Services at no additional cost to the City. i. New equipment purchased by the City may be added to the contract, at the then prevailing rates for like equipment.
i. The City reserves the right to add or remove equipment maintained under the Contract. i. Additions or removals may be single items or include complete systems. For additions or changes, the yearly cost of maintenance shall be determined on the same basis as the prices currently in effect for existing or like items. Such additions, removals or changes, that consist of less than 5% of the entire inventory, shall become effective immediately for service, but charges shall not start or end until the beginning of the next fiscal year. If the City adds a major system, that system may, at the City’s option, be added to this agreement. j. Contractor shall perform e-waste services. Such services shall include proper disposition of all types of radio equipment in use by the City by CONTRACTOR at no additional cost.
Proper disposal requires all data on radio equipment to be erased or wiped clean. A Certificate of Proof of such disposal including a list of assets that went through e-waste services shall be given to the Radio Engineer for record keeping. k. CONTRACTOR shall provide the City Radio Engineer with a list of defects and current Motorola Solutions Technical Notification (“MTN”) that may impact the operation of the City’s radios. In the event MTN identifies an issue, the City shall not be invoiced for associated repairs, as an example, repairs on volume control knobs on APX first gen radios.
l. CONTRACTOR shall be required to participate in the City Fleet Build Committee. City Radio Engineer shall establish a Fleet Build-Out Committee, consisting of the Radio Contractor representative, City Fleet, Designated Department Liaisons, and City Radio Engineer to develop an agreed upon design and build process. The vehicle build-out process shall be documented to address any changes to City Fleet including Police (PD) and Fire (SFD).
m. CONTRACTOR shall inform the City Radio Engineer of any lost, stolen, or non- operational radios by submitting a High-Level Work Order as noted on Table 6-1. n. Any requests for service received by the Shop Lead from other than the City Radio Engineer or Radio Liaisons shall be immediately referred to the City Radio Engineer who shall approve, or obtain approval for the request, prior to authorizing the Contractor to perform the work requested.
o. Contractor shall follow manufacture installation and maintenance guidelines as well as the standards listed below:
a. Housings shall be securely mounted in such a manner as to prevent the equipment from coming loose due to vibration.
b. All cables shall be neatly arranged and taped or tied, where necessary, and positioned in a manner to protect them from damage.
c. The antenna system shall be properly matched and tuned to provide optimum power output from the antenna.
i. Measurements of transmit power output and adjustment to rated output as necessary.
d. The finished installation shall be checked physically and technically (by the designated City Engineer and Contractor) and any corrective work shall be done. e. The City shall give Contractor or its subcontractors at least three days' notice when requesting installation work unless emergency conditions exist, e.g., a vehicle accident.
f. In as much as system integrity is vital in a complex communication system, the City reserves the right to assess the qualifications of persons called upon to perform installation work on equipment included in this contract. g. Any oil, water, dirt, dust and foreign substances shall be removed from the equipment and air filters.
h. Measurement and any necessary adjustment of frequency and modulation. i. Measurement and any necessary adjustment of receiver sensitivity. j. Measurement and any necessary adjustment of digital or CTCSS system. k. Any other corrective action necessary to bring equipment to manufacturer’s specifications of FCC requirements.
l. Power output of all transmitters shall be maintained within 10% of Manufacturers Rated Output Power unless otherwise directed by the City or restricted by the FCC.
m. The Contractor shall not make modifications of equipment unless specifically approved by the City Engineer.
4.1.1 Mobile Fleet Requirements
CONTRACTOR shall provide services for installation, removals, maintenance, and repair of new and existing land mobile radios for the City’s mobile fleet at no additional cost. The fleet includes various types of subscriber radios for public safety and emergency services including specialized units as Police Air Ops/helicopter, Mobile Incident Command Vehicles, Motorcycles, Fire Trucks, Medics, and Engines, and an extensive City owned Fleet. a. The City, at its sole discretion, may add additional and/or specialized fleet vehicles that may require radios.
b. CONTRACTOR shall be responsible for the City’s Fleet vehicle builds and radio installations estimated as follows: Police 70 mobiles per year, 10 motorcycles per year, 10 Sgt mobile swaps per year. Local Government: 35 mobiles per year. Fire: 10 mobiles per year, 3 medic mobiles per year.
c. CONTRACTOR shall include in this service all miscellaneous hardware, cable, wire, antennas, relays, fuses, etc., required for a complete installation and service program. d. All ancillary devices such as microphones, keypad microphones, Radio Direct Entry Keyboard or DEK heads, antennas, Motorola loudspeakers, intercom and headset systems, and other Motorola related accessories shall be considered part of the mobile radio service at no additional cost.
e. Encrypted radio maintenance shall be included in the Services at no additional cost.
When encrypted radios are requested, the City Radio Engineer, or designated radio liaison of that department, has authority to determine who is assigned an encrypted radio.
f. CONTRACTOR shall maintain encrypted mobile radios at the same cost as non-encrypted radios.
g. Additional mobile radio peripherals and electronic mobile device support, such as David Clark headsets, In-Car Cameras (ICC) systems, may be maintained as part of this Contract based on time and materials at City’s Radio Engineer’s discretion. h. CONTRACTOR shall be responsible up to the DMARC point in the vehicle. DMARC points consists of:
Power and data interface distribution to the electronics mobile devices. Antenna transmission line to LMR radio shall be covered at no additional cost.
Other interfaces, not LMR radio, to X/1 multiband antenna, shall be repaired on Time and Material basis.
i. Upon receiving new vehicles, and 100% of CONTRACTOR maintained or installed equipment, CONTRACTOR shall be allotted the following times to build out City Fleet Vehicles:
PD vehicle builds shall take no longer than 4 business days. SFD vehicle builds shall take no longer than 5 business days. City Fleet non-public safety vehicle builds shall take no longer than 2 business days.
j. CONTRACTOR warrants installation workmanship for the life of the Contract. k. The City Radio Engineer reserves the right to prioritize the vehicle build order. l. The City Radio Engineer and Contractor may establish an alternate work site for mobile modifications and upgrades, if the need arises. The site is subject to mutual approval of the parties in writing.
m. A CONTRACTOR Fee Schedule for existing Fleet builds for ICC and Mobile Cellular Radio Installations is attached as defined in Attachment 3 to Exhibit B, which is attached hereto and incorporated herein by this reference.
4.1.2 Portable Requirements
CONTRACTOR shall provide services for the maintenance and repair of new and existing portable radios for the City. City currently has various models of Motorola portable radios.
These models consist of APX, XTS, and CP types.
a. Batteries and antennas shall be considered part of the radio and covered under the contract at no additional cost. Batteries shall be tested and must meet 90% capacity or replaced at no additional cost. Batteries shall be exact replacements or approved by City Representative. Antennas must be replaced in kind.
b. Motorola provided and branded peripherals, including but not limited to lapel mics, headsets, holsters, single and multi-unit bank chargers, shall be covered under this contract at no additional cost.
c. CONTRACTOR or City Radio Engineer may propose a third-party product as a substitution. This substitution must be mutually agreed upon. If the need should arise, a transition plan will be established between the City Radio Engineer and CONTRACTOR to move to a non-Motorola supported peripherals.
d. Encrypted radio maintenance shall be included at no additional cost. When encrypted radios are requested, the City Radio Engineer, or designated radio liaison of that department has authority to determine who is assigned an encrypted radio. An active list of Radio Liaisons shall be provided to Motorola and reviewed semiannually. Encrypted radios shall be maintained at the same cost as non-encrypted radios.
4.1.3 Consolette Requirements
The City has various consolettes located at various City Facilities. The number of consolettes and their locations are listed in Attachment 2 to Exhibit B, which is attached hereto and incorporated herein by this reference.
a. Motorola desksets, peripherals to consolettes are itemized separately from the consolette. Maintenance to Motorola desksets, all interface, and power cables shall be included at no additional cost.
b. Consolette peripherals as microphones, speakers, junction boxes, wave guide, diplexer, antennas, and grounding shall be included at no additional cost. c. Removals and installation of control stations or consolettes, their respective remote control units and antennas will also be included in this service at no additional charge. d. All fixed equipment shall include sweeping their respective transmission lines, lighting protection devices, and antennas with TDR or FDR equipment such as the Anritsu “site Master”. It is the responsibility of the contractor to correct any deficiency at no additional cost.
e. Fixed station antennas, transmission lines, and lighting protectors shall be maintained as necessary, including documentation requests or upon the direction of the City Engineer.
The Contractor shall pay the cost for replacement parts and materials.
4.1.4 Dispatch Console Requirements
Radio Dispatch Console’s software service is governed by the regional Software Upgrade Agreement (SUA), which is attached hereto and incorporated herein by this reference. See Attachment 2 in Exhibit A for a copy of the SUA. In that agreement, CONTRACTOR will maintain all software updates and hardware updates required due to software. Additionally, CONTRACTOR shall be responsible for the following at no additional cost. a. All interface cables to and from the Radio Dispatch Consoles. b. Interface cables include all Data, Audio, Video, and power. c. All Motorola Provided Dispatch Console peripherals.
d. Keyboards, mice, monitors, speakers, headsets, and other directly attached devices. e. Radio Dispatch template changes.
f. Radio Dispatch Console related issues.
g. Mobile Dispatch Console remote connectivity issues.
h. Motorola provided Network and VPN Equipment that supports all dispatch consoles. i. Relocation of radio dispatch consoles and related equipment.
4.1.5 Repeaters, VHF, and UHF Radio systems Requirements CONTRACTOR shall provide services for installation, removal, and maintain LMRs infrastructure at various City facilities at no additional charge. Duplexers, combiners, multi-couplers, isolators, circulators, and lighting protection devices are included in base/repeater stations maintenance rates at no additional charge. Such facilities and systems include:
a. Alhambra
b. Bercut
c. City College
d. Freeport Water Tank
e. Station 7
f. Station 18
g. Sacramento Convention Center
h. Sacramento City Zoo
4.1.6 City Facilities
CONTRACTOR shall install, maintain land mobile radios (LMR) infrastructure at various City Facilities such as the City’s 911 Public Safety Answering Point (PSAP), Fire Stations, various radio tower communication rooms, Police Sub Stations, City Corporation Yards, Community Centers, etc., that are located throughout Sacramento County. Some facilities contain Radio Dispatch Consoles, Consolettes, and various Motorola and Kenwood radios. A detailed list of the makes and models of all the radios located at city facilities is listed in Attachment 2.
Contractor shall maintain existing radio related infrastructure, such as antennas, combiners, waveguide, lighting arrestors, and grounding related infrastructure within the given facility.
Rooftop antennas, antenna attachments, lighting arrestors, and entrance windows are part of this contract.
Contractor shall be responsible for an annual assessment of radio related infrastructure.
Facilities shall be billed on a per radio basis and is itemized in Attachment 2. After the initial assessment and if necessary, repairs to radio related infrastructure shall be included in the cost of the radio’s monthly maintenance fee.
4.2 Additional Services
4.2.1 Radio Coverage Testing and Interference Mitigation CONTRACTOR is responsible for the maintenance of the transmitting equipment including any interference caused by such equipment and shall mitigate interference at no extra cost.
Additional radio coverage and interference may also be requested by the City Radio Engineer and shall be invoiced on a time and material basis.
Contractor shall own and maintain a calibrated spectrum analyzer or service monitor to assist RF analysis for mitigating interference.
4.2.2 FCC License Maintenance
CONTRACTOR will assist the City Radio Engineer in securing and maintaining our existing FCC licenses at no additional cost.
4.2.3 Additional Programming of radios
Flashing, building Code Plugs, Radio Templates, Fleet Maps, shall be included in the Services at no additional cost. All radio programming, accessories and software tools used for programing shall be considered City of Sacramento property.
4.2.4 Carrier Provided 56K data circuit
CONTRACTOR shall coordinate with City and Carrier for troubleshooting Carrier provided circuits at various city facilities. CONTRACTOR shall be responsible for radio circuit interfaces at no additional cost.
4.2.5 Coordination with other Contractors
Contractor shall work with other equipment maintenance contractors for repairs of equipment, which is interconnected, interfaced, or associated with the City’s radio systems. Examples of such contractors would be, but not limited to: WestNet and Sacramento County. This service shall be provided at no additional charge regardless of where the problem originated. The Contractor is to remain engaged in the troubleshooting process until the issue is resolved.
4.3 Asset Management
The City Radio Engineer shall maintain and track all radios and provide CONTRACTOR with access via VPN. Access to the City’s Asset Management System for the existing Radio Services Environment will allow the CONTRACTOR to make limited updates and edits. The Radio Asset Management system shall be synchronized with CONTRACTOR’s asset management if they choose to use their own.
a. The City Radio Engineer shall work with CONTRACTOR to bulk import new radio and peripheral purchases.
b. The City Radio Engineer shall work with CONTRACTOR to develop a process to synchronize the asset management systems if multiple systems are used. c. Asset history as part of the management system shall include, Firmware/Flash/Host Code in radio, Talkgroup/Code Plug, PM Schedule, and maintenance.
4.4 Repair Facility
CONTRACTOR must operate a full-service maintenance facility within 30 miles of the freeway interchange of Hwy 99 and Business 80.
a. The CONTRACTOR’s maintenance shop is on city premise, and the terms shall follow the Lease terms (City Contract 2013-0267).
b. The facility must have a vehicle access door that is at least 10 feet wide by 12 feet high to accommodate a fire ladder truck of at least 11 feet high, 8 feet wide, and 35 feet long. c. Facility must be secure, alarmed, and adequately insured as defined by the city’s general requirements.
d. The facility must meet the minimum specifications by FM/UL Global as an “FM/UL Approved” service facility, specifically for the repair of intrinsically safe 2-way radios. e. Within the facility, CONTRACTOR must provide appropriate electronics equipment to perform all services.
Electronic service equipment must be maintained and calibrated per manufacture guidelines.
Appropriate tools for mobile installations and repairs. Provide their own safety equipment, this includes but is not limited to: fall protection harness to access city water tower, eye-washing stations, personal protective equipment (PPE), and any other associated safety equipment. f. The facility must have parking, to accommodate up to 30 City vehicles, secured inside a fenced area.
g. The CONTRACTOR shall report equipment showing excessive periods of downtime, excessive preventive maintenance and high malfunctions. The City representative will evaluate the information submitted and determine whether or not the equipment will be replaced at City’s expense or continued to be maintained at the Contract’s expense.
4.5 Remote Repair
The City Radio Engineer may require certain functions, such as radio removals, to be performed remotely. In the event this occurs, the City Radio Engineer shall secure a site, that is mutually agreed upon by both the City Radio engineer and CONTRACTOR lead, where site shall be suitable to perform the task.
4.6 Parts Inventory
CONTRACTOR shall maintain a 5% stock of OEM and contracted serviceable parts used to maintain active radio units. These parts shall include, but not limited to, portable radio antennas, mobile radio antennas, batteries, lapel mics, mobile wiring radio harnesses, etc. These parts shall be tracked on the City’s and CONTRACTOR’s asset management system as stock quantity only.
CONTRACTOR shall be responsible for the security of City spares stored at the contractor’s shop or service vehicles.
5 City Responsibilities
a. It is the City’s responsibility to furnish power and transmission line conduits for control stations.
b. The City Radio Engineer or their supervisor, reserves the right to prioritize repairs and special projects as needed through a Work Order.
c. The City Radio Engineer will coordinate the biennial radio maintenance for the City’s radio inventory.
d. The City Radio Engineer is responsible in assisting CONTRACTOR access to City facilities, radio equipment, and radio inventory.
e. A detailed inventory list is attached as Attachment 2 to Exhibit B and shall be used for billing.
City Radio Engineer shall be able to add or remove items from Attachment 2 to Exhibit B.
f. An active list of Radio Liaisons shall be provided to CONTRACTOR and reviewed annually as determined by City Radio Engineer.
g. The City Radio Engineer may establish an alternate work site, for mobile modifications and upgrades, if the need shall arise.
h. City Radio Engineer shall be responsible for inhibiting, lost, stolen, or non-operational radios.
i. The Build-Out Committee shall establish an agreement based on the committee members of how the vehicle will be received. For example, roll cage shall not be installed prior to radio installation.
j. City Radio Engineer shall maintain a list of the city facilities with radio infrastructure to Contractor.
6 Service Call/Escalation
CONTRACTOR must provide Emergency Service process to support 365-days per year, 24-hours per day. Contractor shall publish a schedule for On-Call service technician’s phone number to City Radio Engineer. An alternate technician shall be named in case the On-Call technician is not available.
a. CONTRACTOR service technician shall be made available for emergency service at any time during the contract period and shall respond as directed by the City Department Liaison, City Radio Engineer, or City Radio Engineer’s Supervisor. b. Should an emergency occur during normal working hours, CONTRACTOR’s technicians shall be directed by the City Radio Engineer or City Department Liaison, under priority of requirements as determined by him or her, to service or repair such equipment required for emergency operations and/or normal operations.
c. Emergency Services shall be performed for key devices or items with High incident priority such as Dispatch Consoles, Infrastructure and Network equipment including site routers, switches, firewalls, and services that support AIS, CAM, and Proxy server. d. Base Stations, Repeaters, Communications Center equipment, and key command mobiles require 24-hour emergency service. Response Time is outlined in Table 6-2.
6.1 On-Site Infrastructure Response Priority Levels Definitions CONTRACTOR shall follow the priority define in Table 6-1 to determine the maximum response times:
Table 6-1: Response Priority Levels
6.2 On-site Infrastructure and Incident Response Priority Level Time Goals a. CONTRACTOR shall respond to times as indicated in Table 6-2. An incidents priority is determined by its urgency and impact, where the City Radio Engineer reserves the right to prioritize repairs as needed.
b. During normal business hours, upon receipt of notice of an outage or malfunction, the CONTRACTOR shall initiate repairs or adjustments as required to replace the equipment in normal working conditions.
Table 6-2: Response Time
Incident Priority Level Standard Response Time Standard Resolution Time Critical Within 20 minutes of voice
response and 2 hours onsite upon
receipt of notification.
Within 12 hours
High Within 20 minutes of voice
response and 4 hours onsite upon
receipt of notification
Within 24 hours
Low Within 12 hours from receipt of
notification
Standard Business Day, (8 am – 5
pm local time)
Within 3 Business Days
7 Staffing Requirements
CONTRACTOR shall provide adequate dedicated staff, minimum of 4, for the performance of this Contract. Staffing levels shall be determined by both CONTRACTOR Manager and City Radio Engineer. CONTRACTOR shall define titles and positions of staff to perform necessary scope of services. CONTRACTOR maintenance shop shall have one shop supervisor or lead along with dedicated technicians and installers for the City of Sacramento.
Contractor shall assign one contract representative to coordinate the performance of the contract with City representative.
In case of subcontracting, it will be the Contractor's responsibility to provide unit level troubleshooting services and to include all parts and shipping costs in the bid price. For additional requirements regarding subcontracting, see Special Provisions, Subcontracts and Assignments.
CONTRACTOR Technicians and Installers shall wear CONTACTOR uniform and shall have a photo ID badge identifying them as Motorola FSO.
CONTRACTOR shall adhere with the City’s professionalism and conduct policy as per Contract’s Section 8 of Standard of Performance.
Staff shall have the following experience:
The Contractor shall have a minimum of 5 years’ experience and qualifications to performing all aspects of installation, repair, and maintenance tasks, include mobile radio installation, flashing radio firmware, updating radio templates, calibrating and maintaining radios to manufacture specifications, third party repeaters that support the regional radio system inside public facilities, maintaining radio code plugs, portable radio batteries, testing various antennas and transmission lines, as well as the ability to undertake systemwide subscriber improvements. Contractor shall provide resumes to City for each proposed supporting technician and installers.
Contractor shall have qualified technicians who have completed several Motorola and other associated related courses.
Contractor must have two technicians with Motorola Elite Service Specialist Certifications.
Additionally, the Contractor must have two additional technicians or installers with one of the following certifications or licenses.
ETA Cert Level 2
MCEI, Mobile Communications and Electronics Installer Journeyman-Level CET
FCC Licenses Elements 1 & 3
ETA APX Radio Technician
Additionally, the Radio Contractor is preferred to have technicians certified in:
RF interference Mitigation (RFIM) or Advance RF Interface Mitigation (AIM) Experience with submitting and renewing FCC 601 Applications If the need should arise, City Radio Engineer shall be able to dismiss any CONTRACTOR staff or subcontractor from performing work on City equipment. City Radio Engineer shall consult with Motorola Regional Manager regarding any concerns that shall warrant this action. 8 Termination
CONTRACTOR may terminate the Contract; however, CONTRACTOR must provide the City with prior written notice of its intention to terminate the Contract at least six (6) months before the date of termination. In the event of a termination, the CONTRACTOR shall:
a. Turnover all City property, including Code Plugs and other City Programming Key Assets in its original format to City Radio Engineer within 5 business days of the termination. b. Return all software related assets to City Radio Engineer. 9 Assumptions
a. Access will be provided to City locations where radios are serviced. b. Contractor staff will follow City’s safety protocols and procedures when on-site. c. On-site work shall be on business days, unless pre-approved by City and FSO manager. d. When conducting a radio coverage test and interference mitigation shall extend up to two floors and up to 30,000 square feet.
e. All radio coverage testing shall follow NFPA guidelines. f. In case of radio frequency interference and where a spectral purity analysis is requested, contractor owns and will have available test equipment (e.g., calibrated spectrum analyzer) necessary to conduct coverage test as well as the skills to determine cause of interference.
g. Direct replacement of existing systems already covered under this contract, shall not be considered a special project. Labor for installation shall be included as part of the maintenance.
h. Maintenance does not include the repair or replacement of equipment which has become defective due to major damage caused by accidents, misuse of the equipment, civil insurrection, fire, epidemics, quarantine restrictions, strikes, embargoes, unusually severe weather conditions and acts of nature. Minor breakage or damage is included in this contract. In any case, the damage must be beyond the control and without fault or negligence of the Contractor. The City Radio Engineer will make the final determination as to “major damage.”
i. In the event of any additional radios, not covered under the Contract, shall obtain approval and may also be repaired on a Time and Material basis. j. It shall be the responsibility of the Contractor to comply with all Agency requirements for licensing and permits required for the legal operation of the City’s RF communications systems.
Attachment 1 to Exhibit B
Fee Schedule
This Attachment 1 to Exhibit B (“Attachment”) supplements and incorporates by this reference the agreement between the nonprofessional services between the City of Sacramento (“CITY” or “City”) and Motorola (“CONTRACTOR” or “contractor”) for the maintenance of radio assets (the “Project”), (the “Contract”).
The Attachment is the Fee Schedule for the Contract. In the event of a conflict between the provisions of the Attachment and the Contract, the provisions of the Attachment shall prevail.
The defined word or terms in the Contract, if used in this Attachment, those words or terms shall have the same meaning given to them in the Agreement, unless otherwise expressly defined herein.
The maintenance provided by CONTRACTOR will be a one price for all services concepts. 10 Work Orders and Invoicing
Invoicing shall be electronic, and compatible with exporting, CSV, or Excel. Invoicing shall be submitted within 15 business days of completion. Invoices not submitted after 15 business days shall not be accepted, unless consulted with City Radio Engineer. Invoicing for maintenance shall be on a quarterly basis following asset true-up.
Billing descriptions shall include:
Radio Asset ID or serial number of conventional radios. All invoices must be approved prior to starting work. o City Radio Engineer or radio liaison may approve invoices Detailed Billing breakdown shall include any billable time and materials City Vehicle number if applicable
City PO number
Ticket or Incident Number
Send all invoices to [email protected]
11 Out of Scope
Out of Scope projects shall be Special Projects. Special projects shall be defined as a new enhancement to our Radio Services Environment or related electronic feature that can be supported, after Provisioning by CONTRACTOR. Special Projects are billable as time and materials as per Attachment 3 to Exhibit B, which is attached hereto and incorporated herein by this reference.
a. Special projects are included as part of the services. The cost of the parts and labor shall be extra and shall be invoiced according to the rate schedule submitted by CONTRACTOR.
b. Fire Station Alerting systems including but not limited to RF control stations and signal processing equipment DMARC point, shall be where the audio processing is handed off to WestNet.
c. In case of system coverage enhancements, multi-system frequency compatibility, system expansion, or new system requirements, CONTRACTOR radio system engineering assistance may be provided.
d. Projects shall be invoiced separately from the equipment service and repairs conducted as regularly scheduled maintenance.
e. Direct replacement of existing systems already covered under this contract, shall not be considered a special project. Labor for installation shall be included as part of the maintenance.
f. Examples of Special Projects shall include but not limited to Axon ICC system
Bidirectional Amplifier replacements
David Clark headsets
Station Alerting beyond the DMARC point
License Plate Recognition, LRP system
Helicopter Video Downlink
Mobile Cellular Radio installation
Fee schedule for existing Fleet builds for ICC and Mobile Cellular Radio Installations is listed as Attachment 3 to Exhibit B.
12 Ordering Radio Equipment
In the event radio equipment is not currently supported under the Contract, CONTRACTOR shall charge no more than 15% above OEM market cost. Only items that can be maintained under this contract can be purchased by CONTRACTOR.
The pricing breakdown per equipment shall be listed in Attachment 2 to Exhibit B (2B) and the labor costs shall be listed in Attachment 3 to Exhibit B (3B), for the purpose of this contract.
For clarification, Contractor shall bill City as per the inventory counts in Attachment 2B (assets).
All inventory counts and charges must be submitted to City Engineer for approval prior to payment.
Type of Work Per year Max Total Contract Amount
Maintenance and equipment $700,000 $3,500,000.00
Out of Scope $100,000 $500,000.00
Total not to exceed $800,000 $4,000,000.00
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT Attachment 2 to Exhibit A LOCAL GOVERNMENT - Trunked
Schedule 1A Annual Total - LG
Manufacturer Type/Description
FY
Inventory
Count
Count
Under
Maintenance
Monthly
Each Extended
Mobile Radios
Motorola APX8500 2 2 19.00$ 38.00$
Motorola APX6500 72 72 19.00$ 1,368.00$
Motorola APX6500 (STOCK) 4 4 16.00$ 64.00$
Motorola XTL2500 495 495 19.00$ 9,405.00$
Motorola XTL2500 (STOCK) 34 34 16.00$ 544.00$
607 607 SubTotal 11,419.00$
Portable Radios
Motorola APX8000 3.5 61 61 8.00$ 488.00$
Motorola APX7000 3.5 2 2 8.00$ 16.00$
Motorola APX6000 2.5 465 465 8.00$ 3,720.00$
MOtorola APX6000 2.5 (CACHE) 7 7 -$ -$
Motorola APX6000 3.5 4 4 8.00$ 32.00$
Motorola XTS2500 T2 143 74 10.00$ 740.00$
Motorola XTS2500 T3 9 9 10.00$ 90.00$
630 561 SubTotal 4,598.00$
Control Stations, Remote Deskset, and Accessories
Motorola APX7500 Consolette SB (311) 3 0 95.00$ -$
Motorola APX7500 Consolette SB (STOCK 7 0 80.00$ -$
Motorola XTL5000 Consolette (W7) (DOU 6 3 95.00$ 285.00$ Motorola XTL5000 Consolette (W9) (DOU 6 4 95.00$ 380.00$ Motorola MCD5000 Deskset (F2380A) 5 0 10.00$ -$
Motorola MC3000 Remote Deskset (L322 3 3 10.00$ 30.00$ Motorola MC3000 Remote Deskset (STOC 5 0 8.00$ -$
Motorola Digital Junction Box (L3208A/ST 5 0 5.00$ -$ 40 10 SubTotal 665.00$
Consoles (Includes VPM/AIM Foot Pedals, Headset Jacks, IRR) Motorola MCC 7500E Consoles (DOU-SAC 3 3 150.00$ 450.00$ 3 3 SubTotal 450.00$
1280 1181 17,132.00$
Monthly Total
205,584.00$
Annual Total
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT ATTACHMENT 2 TO EXHIBIT A LOCAL GOVERNMENT - Conventional
Schedule 1B Annual Total - LG Conv
Manufacturer Type/Description
FY
Inventory
Count
Count
Under
Maintenance
Monthly
Each Extended
CONVENTION CENTER
Motorola MTR2000 Repeater UHF 10W 1 1 95.00$ 95.00$ Motorola CP185 Portable 100 0 8.00$ -$
101 1 Sub Total 95.00$
SACRAMENTO ZOO
Motorola Repeater MSF5000 (800 MHZ) 1 1 95.00$ 95.00$ Motorola Repeater GR1225 (UHF) 1 1 95.00$ 95.00$
Motorola MTS2000 118 118 11.50$ 1,357.00$
120 120 Sub Total 1,547.00$
ANIMAL CONTROL
Motorola CP185 71 71 8.00$ 568.00$
71 71 Sub Total 568.00$
292 192 2,210.00$
Monthly Total
26,520.00$
Annual Total
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT ATTACHMENT 2 TO EXHIBIT A FIRE - Trunked
Schedule 1C Annual Total - Fire
Manufacturer Type/Description
FY
Inventory
Count
Count
Under
Maintenance
Monthly
Each Extended
Mobile Radios
Motorola APX6500 52 52 19.00$ 988.00$
Motorola APX6500 (STOCK) 8 8 16.00$ 128.00$
Motorola XTL2500 167 167 19.00$ 3,173.00$
Motorola XTL2500 (STOCK) 44 44 16.00$ 704.00$
Motorola XTL5000 1 1 19.00$ 19.00$
Motorola XTL5000 (STOCK) 4 0 16.00$ -$
276 272 SubTotal 5,012.00$
Portable Radios (Intrinsically Safe)
Motorola APX6000 2.5 441 441 8.00$ 3,528.00$
Motorola APX6000 XE 39 39 8.00$ 312.00$
Motorola XTS2500 T2 (CACHE) 38 38 9.00$ 342.00$
Motorola XTS2500 T3 (CACHE) 5 5 9.00$ 45.00$
523 523 SubTotal 4,227.00$
Control Stations, Remote Deskset, and Accessories
Motorola APX7500 Consolette (O5) 2 0 95.00$ -$
Motorola XTL5000 Consolette (W7) 25 0 95.00$ -$
Motorola XTL5000 Consolette (W7) (STOCK) 1 0 95.00$ -$ Motorola MCD5000 Deskset (F2380A) 2 0 20.00$ -$
30 0 SubTotal -$
829 795 9,239.00$
Monthly Total
110,868.00$
Annual Total
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT ATTACHMENT 2 TO EXHIBIT A FIRE - Conventional
Schedule 1D Annual Total - Fire Conv
Manufacturer Type/Description
FY
Inventory
Count
Count
Under
Maintenance
Monthly
Each Extended
Mobile Radios
Kenwood TK790, VHF 110 110 19.00$ 2,090.00$
Motorola XTL2500, UHF (STOCK) 8 0 16.00$ -$
Motorola XTL5000, UHF (STOCK) 1 0 16.00$ -$
119 110 SubTotal 2,090.00$
Portable Radios
Motorola XTS2500 (Academy) 48 0 9.00$ -$
48 0 SubTotal -$
Control Stations
Motorola APX7500 Consolette W7 (VHF) 21 0 95.00$ -$
Motorola APX7500 Consolette W7 (VHF) STOCK 1 0 95.00$ -$ Motorola CM200 Base Station 3 0 95.00$ -$
Motorola XTL5000 Consolette W7 (VHF) 1 0 95.00$ -$
26 0 SubTotal -$
Repeater
Motorola Quantar Repeater (VHF), City College 1 0 100.00$ -$ Motorola Voting Comparator(VHF), Bercut 1 0 100.00$ -$ Motorola AstroTac Receiver (VHF), Bercut 1 0 100.00$ -$ Motorola AstroTac Receiver (VHF), Alhambra 1 0 100.00$ -$ Motorola AstroTac Receiver (VHF), Freeport Water Tank 1 0 100.00$ -$ Motorola AstroTac Receiver (VHF), Station 7 1 0 100.00$ -$ Motorola AstroTac Receiver (VHF), Station 18 1 0 100.00$ -$ Motorola AstroTac Receiver (VHF), Med Center 0 0 100.00$ -$ 7 0 SubTotal -$
BDAs
TX/RX BDA, Federal Court House 1 0 200.00$ -$
TX/RX BDA, K-street Plaza Garage 0 0 200.00$ -$
TX/RX BDA, Cal EPA 1 0 200.00$ -$
2 0 SubTotal -$
2,090.00$
Monthly Total
202 110 25,080.00$
Annual Total
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT ATTACHMENT 2 TO EXHIBIT A POLICE - Trunked
Schedule 1E Annual Total - PD
ManufacturerType/Description
FY
Inventory
Count
Count
Under
Maintenance
Monthly
Each Extended
Mobile Radios
Motorola APX8500 (MICC) 5 5 19.00$ 95.00$
Motorola APX6500 76 76 19.00$ 1,444.00$
Motorola APX6500 (STOCK) 58 58 16.00$ 928.00$
Motorola XTL2500 233 233 19.00$ 4,427.00$
Motorola XTL2500 (STOCK) 7 7 16.00$ 112.00$
Motorola XTL5000 28 28 19.00$ 532.00$
Motorola XTL5000 (STOCK) 20 0 16.00$ -$
427 407 SubTotal 7,538.00$
Portable Radios
Motorola APX8000 (Air 1 Technisonic) 6 6 8.00$ 48.00$ Motorola APX8000 3.5 50 50 8.00$ 400.00$
Motorola APX6000 2.5 1037 1037 8.00$ 8,296.00$
Motorola APX3000 3 3 8.00$ 24.00$
Motorola XTS2500 T2 196 96 10.00$ 960.00$
Motorola XTS2500 T3 12 12 10.00$ 120.00$
1304 1204 SubTotal 9,848.00$
Control Stations, Remote Deskset, and Accessories (Includes Footswitch, Headset Jack) Motorola APX7500 Consolette BS 20 20 95.00$ 1,900.00$ Motorola XTL5000 Consolette (W7) 6 6 95.00$ 570.00$ Motorola XTL5000 Consolette (W9) 5 5 95.00$ 475.00$ Motorola XTL5000 Consolette (W9) STOCK 2 0 80.00$ -$ Motorola MCD5000 Deskset (F2380A) 20 20 10.00$ 200.00$ Motorola MC3000 Remote Deskset (L3223A) 6 6 10.00$ 60.00$ Motorola Digital Junction Box (L3208A) 1 1 5.00$ 5.00$ 60 58 SubTotal 2,945.00$
Consoles (Includes VPM/AIM Foot Pedals, Headset Jacks, IRR) Motorola MCC7500 Consoles (Comm Center) 18 18 150.00$ 2,700.00$ Motorola GGM8000 Routers 2 2 10.00$ 20.00$
Motorola HP 2620-24 Switches (RNI) 3 3 10.00$ 30.00$ Motorola HP 2620-24 Switch (Firewall DMZ) 1 1 10.00$ 10.00$ Motorola SDM3000 Aux IO Server 1 1 50.00$ 50.00$ Motorola Fortigate 100D Firewall 1 1 10.00$ 10.00$ Motorola CAM Server 1 1 50.00$ 50.00$
Motorola ORNI Console Proxy Server 1 1 50.00$ 50.00$ Motorola Archiving Interface Server (AIS) 1 1 50.00$ 50.00$ Motorola MCC7500E Consoles (Training Rm) 3 3 150.00$ 450.00$ Motorola MCC7500E Consoles (MICC) 2 2 150.00$ 300.00$ 34 34 Sub Total 3,720.00$
24,051.00$
Monthly Total
1825 1703 288,612.00$
Annual Total
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT ATTACHMENT 2 TO EXHIBIT A POLICE - Conventional
Schedule 1F Annual Total - PD Conv
ManufactureType/Description
FY
Inventory
Count
Count
Under
Maintenance
Monthly
Each Extended
AirOps
Motorola APX8000 (Air 1 Technisonic) 6 6 8.00$ 48.00$ Portable Radios
Motorola XTS 2500 (Academy) 90 90 9.00$ 810.00$
BDAs
TX/RX BDA North Substation 1 0 200.00$ -$
TX/RX BDA South Substation 1 0 200.00$ -$
TX/RX BDA Public Safety Center 1 0 200.00$ -$
TX/RX BDA California Middle School 1 0 200.00$ -$
TX/RX BDA Einstein Middle School 1 0 200.00$ -$
TX/RX BDA Kennedy High School 3 0 200.00$ -$
TX/RX BDA Kit Carson Middle School 1 0 200.00$ -$
TX/RX BDA McClatchy High School 1 0 200.00$ -$
TX/RX BDA Rosemont High School 3 0 200.00$ -$
TX/RX BDA Sacramento High School 1 0 200.00$ -$
TX/RX BDA Inderkum High School 1 0 200.00$ -$
TX/RX BDA Grant High School 2 0 200.00$ -$
TX/RX BDA H Allen Height Middle School 0 0 200.00$ -$
113 96 SubTotal 858.00$
858.00$
Monthly Total
113 96 10,296.00$
Annual Total
RADIO EQUIPMENT MAINTENANCE AND INVENTORY COUNT ATTACHMENT 2 TO EXHIBIT A Summary Total
Schedule 1A Annual Total - LG 205,584.00$
Schedule 1B Annual Total - LG Con 26,520.00$
Schedule 1C Annual Total - Fire 110,868.00$
Schedule 1D Annual Total - Fire Co 25,080.00$
Schedule 1E Annual Total - PD 288,612.00$
Schedule 1F Annual Total - PD Con 10,296.00$
Annual Grand Total 666,960.00$
Attachment 3 to Exhibit B
Local Government
Work Performed at Time of Radio Install
Cellular Modem/Cradlepoint and Antenna Installation 255.00$ Work Performed as a Standalone Task
Cellular Modem/Cradlepoint and Antenna Installation 375.00$ Fire Department
Work Performed at Time of Radio Install
Cellular Modem/Cradlepoint and Antenna Installation 255.00$ Mobile Data Computer Equipment and antenna Installation 425.00$ David Clark Headset System Installation 525.00$
Work Performed as a Standalone Task
Cellular Modem/Cradlepoint and Antenna Installation 375.00$ Mobile Data Computer Equipment and Antenna Installation 625.00$ David Clark Headset System Installation 525.00$
Police Department
Work Performed at Time of Radio Install
Cellular Modem/Cradlepoint and Antenna Installation 255.00$ Mobile Data Computer Equipment and Antenna Installation 425.00$ In-Car Camera System Installation 525.00$
Work Performed as a Standalone Task
Cellular Modem/Cradlepoint and Antenna Installation 375.00$ Mobile Data Computer Equipment and Antenna Installation 625.00$ In-Car Camera System Installation 687.00$
Labor rates for projects and work not covered
under schedules:
Straight Time Overtime
Supervisor/Lead Technician 170.00$ 255.00$
Technician - hourly rate 170.00$ 255.00$
Installer - hourly rate 150.00$ 225.00$
For parts and material not covered under schedules
prices shall be based on Contractor's cost plus: 15%
Special Project Installation Rates - Labor Rates
Form Approved by City Attorney 2-14-2017
Executed as of the day and year first above stated.
CITY OF SACRAMENTO CONTRACTOR
A Municipal Corporation
___________________________________
NAME OF FIRM
By:___________________________________ By: ________________________________
Print name:____________________________ Print name:__________________________
Title:_________________________________ Title: _______________________________
For: Howard Chan, City Manager
APPROVED AS TO FORM:
_____________________________________
Title:
ATTEST:
____________________________________
City Clerk
Jim Nicholl (May 5, 2022 21:15 PDT)
Jim Nicholl
Motorola Solutions
Jim Nicholl
Regional Services Manager
Audreyell A Anderson (May 6, 2022 11:06 PDT)
Sr. Deputy City Attorney