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1892 Motorola Solutions Inc piggyback 17/18-26r To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution ❑ City Mayor's Signature ® City Clerk Record Keeping ❑ Safe Keeping ❑ City Attorney's Signature ® City Clerk's Signature Piggy Back Contract — Motorola Solutions Inc PBA 17/18-26 Once completed, please: ® Return original ❑ Return copy Special Instructions: Please sign both contracts and return one (1) to purchasing. City Clerk's office may keep one (1) copy for their records. Please advise if you have any questions regarding the above. Thank you! From T:\ )ept_forms\City Clerk Transmittal Memo - 2009.doc 0 ate -1877- Contract/Agreement Name: City Tracking No. PBA 17/18-26 Pigg Contract with Broward County RFP R1422515R1/Pl Motorola Solutions Inc., Department: Police Department Contract Approval: 'E� �,-J�Urc asing Manages L Finance Director 0 0 - ao l Date l� Date Motorola Solutions, Inc. Piggyback Contract (PBA -17/18-261 The City of Sanford ("City") enters this "Piggyback" Contract with Municipal Motorola Solutions, Inc. which was formerly known as Motorola Solutions, Inc., a Delaware corporation (hereinafter referred to as the "Vendor'), whose address is 500 West Monroe Street, Chicago, Illinois 60661), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Broward County, Florida, said contract being identified as "Broward County P25 System And Services Master Agreement With Motorola Solutions, Inc." relating to Broward County solicitation -der for the Vendor to provide a turnkey replacement of Broward County Office of integral to the public safety bsystems operated by the nd Technology which is an and its municipalities. The Broward County RFP s, 5 Phase 11 system to replace Broward County's existing 800 MHz SmartNet System, a new IP -based microwave system to replace the existing Tadiran 6 GHz system and providing backward compatibility for legacy circuits, civil work to support upgrades to new and existing radio sites, and P25 Phase 11 -compliant subscriber radios and maintenance available for purchase by entities in the Broward County public safety network., (said original contract being referred to as the "original government contract"). (2). The original government contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and 1 conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Jim Krzenski, Administrative Services Manager, Sanford Police Department, 815 Historic Goldsboro Boulevard, Sanford, Florida 32771, telephone number 407.688.5070 (extension 5174), facsimile transmittal number: 407.688.5071 and whose e-mail address is JIM.KRZENSKI@Sanfordfl.gov. (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between 2 the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (g). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. (h). IF THE CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF Sanford, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, PORTERC@SANFORDFL.GOV. 3 (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. Entered this I day of SIGNATURE BLOCKS FOLLOW: Attest: Print 4d name: Authorized Corporate Aft6glihq Authority Printed Title: c(e-lz Attest: 0 6A CynthicisPorier, City Clerk Approved as to form and legal dr6 C. Colbert City AttoW A -M 11, Motorola Solutions, Inc., a Delaware corporation. By: Printed name: Authorized Corporate Signatory Printed Title: P1 o,( kjwI Date: i -?- ) I q 1) 7 Cit) By: Jeff Dab \1? Exhibit "A" [Attach original government contract] BROWARD COUNTY P25 SYSTEM AND SERVICES MASTER AGREEMENT WITH MOTOROLA SOLUTIONS, INC. This P25 System and Services Master Agreement (the "Agreement") is made and entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and Motorola Solutions, Inc., a Delaware corporation registered to transact business in the State of Florida ("Provider" or "Motorola Solutions"). A. County issued solicitation RFP R1422515R1/P1 to provide a turnkey replacement of various communication subsystems operated by the County's Office of Regional Communications and Technology and integral to the public safety communications of Broward County and its municipalities. The RFP sought a new 700 MHz, P25 Phase 11 system to replace the County's existing 800 MHz SmartNet System, a new IP -based microwave system to replace the existing Tadiran 6 GHz system and providing backward compatibility for legacy circuits, civil work to support upgrades to new and existing radio sites, and P25 Phase 11 -compliant subscriber radios and maintenance available for purchase by entities in the Broward County public safety network. B. County has met the requirements of Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, and County's Design -Build competitive procurement regulations, and has selected Provider and its Subcontractors to perform the services hereunder. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS 1.1 Authorized Third Party Users. All persons and entities that County authorizes to use the P25 System, which may include employees and contractors of Broward County, Broward Sheriff's Office, Broward School District, municipalities, law enforcement, fire rescue, emergency management, transportation, non-government aid or relief organizations, and federal agencies. 1.2 Board. The Board of County Commissioners of Broward County, Florida. 1.3 Business hours or business day. 7 a.m. to 7 p.m. Eastern Time during weekdays that are not County holidays and on which County has not otherwise declared its offices closed. 1.4 Change Order. A written document ordering a change in the Design Build Price or Design Build Time or a material change in the Design Build Work. 1.5 Contract Administrator. The Director of Office of Regional Communications and Technology or other person as designated in writing by the Director of the Office of Regional Communications and Technology for all or portions of this Agreement and the Services provided hereunder. P25 System and Services Agreement (R1422515R1/P1) Page 1 of 48 Exhibit B expressly provides to the contrary. County shall not be liable for any such expenses that have not been approved in advance, in writing, by County. 5.5 Fixed Pricing. Prices set forth in Exhibit B shall remain firm and fixed for the term of the Agreement, including any option terms. However, Provider may offer incentive or volume discounts to County at any time. 5.6 Other Eligible Purchasers. Municipalities, other County agencies, the Broward Sheriff's Office, other special districts within Broward County, or any Authorized Third Party User (collectively, each an "Eligible Purchaser") may purchase Subscriber Equipment or Subscriber Equipment Maintenance as set forth on Exhibit A-4 under the terms of this Agreement (other than Sections 12.4 through 12.8 relating to CBEs) at the pricing set forth on Exhibit A-4, provided that said Eligible Purchaser is solely responsible for all payment and performance with respect to any such purchased Subscriber Equipment or Subscriber Equipment Maintenance. County shall not be responsible for any costs, liabilities, charges, or services relating to Subscriber Equipment or Subscriber Equipment Maintenance that may be elected or purchased by Eligible Purchasers. ARTICLE 6. WARRANTIES 6.1 Ownership and License Rights. Provider represents and warrants that except as to third - party software licensed under this Agreement, Provider it is the owner of all right, title, and interest in and to the Equipment and other property being sold or provided to County under this Agreement, that it has the right to sell and provide such Equipment and other property to County, and that such sale is free and clear of any lien or interest of any other person or entity. Provider further represents and warrants that it has the right to grant to County the rights and the licenses granted under this Agreement as to the Software (including as to third party software licensed under this Agreement) and System. Provider warrants that it has not knowingly granted rights or licenses to any other person or entity that would restrict rights and licenses granted hereunder, except as may be expressly stated herein. 6.2 System Warranty. Provider represents and warrants to County that for a period of one (1) year from the date of Final Acceptance, the System will perform substantially as described in the Documentation and the Statement of Work (Exhibit A), will be free from defects in workmanship and material, and will have all of the qualities and features and be capable of performing all of the functions described in the Documentation and Statement of Work. This warranty shall not cover any failure of the System resulting from (a) use of the System in other than the manner for which it was intended; or (b) modification of the System by County not authorized by Provider. 6.3 Warranty Regarding Viruses. Provider further represents, warrants, and agrees that the System and any software or firmware provided under this Agreement are free from currently - known viruses or malicious software (at the time the System and any subsequent version thereof is provided to County), and that Provider has and will continue, for the full term of this Agreement, to use commercially reasonable security measures to ensure the integrity of such P25 System and Services Agreement (R1422515R1/P1) Page 25 of 48 • Accommodates a mixed fleet of batteries transitioning from non-IMPRES to IMPRES systems. • Continuous monitoring of charge temperature. • Negative pulse charge algorithm. • Intelligent charge control allows batteries to be stored in a charger indefinitely. • Eliminates unnecessary reconditioning that reduces life. • Maximizes battery life. • Enables extended warranties. Battery Recharge Time Under typical charge cycles, most batteries will be charged in an hour with a rapid charge. Motorola's IMPRES chargers are specifically designed to match current drain profiles of the APX portable to maximize battery life and performance over time. Max battery charge rate (min time) is governed by the cell's ability to absorb charge. The cell manufacturers spec the max charge rate and we follow their recommendations to maximize cell life. 3.0 Pricing All Subscriber Equipment and Subscriber Equipment Maintenance shall be offered and available to the County and all Eligible Purchasers at the prices listed in the following pages, minus the applicable discount listed below. Radio pricing excludes the costs for installation and unit programming. No minimum quantity requirements apply unless expressly stated below. In the event more than on discount rate applies, only the higher discount rate will be applied. Discount Duration of Availability ; Discounted Product(s) Discount Rate Standard Discount Duration of Agreement P25 configured subscriber radios 25% Subscriber accessories 23% Migration Incentive For two (2) years after the Effective Date of Agreement P25 configured subscriber radios 40% Subscriber accessories 29% Volume Discounts: 500-999 Duration of Agreement P25 configured subscriber radios 30% Subscriber accessories 25% Volume Discounts: 1000-1999 Duration of Agreement P25 configured subscriber radios 33% Subscriber accessories 27% Volume Discounts: 2000 and greater Duration of Agreement P25 configured subscriber radios 40% Subscriber accessories 29% P25 System and Services Agreement (R1422515R1/P1) Page 47 of 65 Exhibit A-4 (Subscriber Equipment) IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the "Iday of 2017, and MOTOROLA SOLUTIONS, INC., signing by and through its Vice President my authorized to execute same. ATTE award County Administra Ex -officio Clerk of the Broward County Board of County Commissioners Insurance requirements approved by Broward County Risk Management Division: � By: t='/, �� Title: RMC �'i11' Alk 'f K RDH 2017-05-01 Motorola P25 Agreement 05/01/17 #17-099.03 COUNTY BROWARD COUNTY, b throu its Board of Coin Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecop' S4 357-764 By: S 0. /:�- Rene D. Harrod (Date) Assistant County Attorney 00%itts I I fi#111141'ir 0tam Is Qr CREASED sO ico OCT 1st a V 1915: P25 System and Services Agreement (R1422515R1/P1) Page 47 of 48 WITNESSES: MOTOROLA SOLUTIONS, INC. Signature Authorized Signor Print Name of Print Name and Title doyof 2017 ATTEST: Print Name ofWitness above Assistgnt secretary or other person authorized tpattest (CORPORATE SEAL OR P25 System and Services Agreenent(R1422S1SR1/Pd Page 48mf48 mor*ROL.A SOLUTIONS Bill -To: SANFORD POLICE DEPT, CITY OF 815 HISTORIC GOLDSBORO BLVD SANFORD, FL 32771 United States Attention: Name: Jim Krzenski Phone: 407-688-5070 ex 5174 Contract Number: Broward County Contract Freight terms: FOB Destination Payment terms: Net 30 Due Quote Number: QUO000423537 Effective: 05 DEC 2017 Effective To: 03 FEB 2018 Sales Contact: Name: John Gambrell Email: jgambrell@emciwireless.com Phone: 407-697-5920 Item Quantity Nomenclature Description List price Your price Extended Price 1 15 PMMN4060A APX 7000IMPRES PSM IP55 W/JACK - $164.00 $126.28 $1,894.20 24 INCH CABLE 2 20 PMAF4002A APX 7000 700/800MRZ PSM ANTENNA $12.00 $9.24 $184.80 3 20 PMNN4486A BATT IMPRES 2 LHON R IP67 3400T $142.00 $109.34 $2,186.80 4 30 NAF5085A ASSY:ANrENNA,71800 GPS* $45.00 $34.65 $1,039.50 5 10 PMLN5657B CARRYACCESSORY-CASE,APX6000 $71.50 $55.06 $550.60 CC 2.75 SWLBL 2900&2150MAH 6 10 PMLN5709A APX6000 UNIVERSAL CARRY $29.00 $22.33 $223.30 Total Quote in USD Pricing Based on Broward County Florida Contract RFP # R1422515RI/Pl $6,079.20 PO Issued to Motorola Solutions Inc. must: >Be a valid Purchase Order (PO)/Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted >Have a PO Number/Contract Number & Date >Identify "Motorola Solutions Inc." as the Vendor >Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name >Include a Bill -To Address with a Contact Name and Phone Number >Include a Ship -To Address with a Contact Name and Phone Number >Include an Ultimate Address (only if different than the Ship -To) >Be Greater than or Equal to the Value of the Order >Be in a Non -Editable Format >Identify Tax Exemption Status (where applicable) >Include a Signature (as Required)