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Contract - Motorola Solutions - 11/8/2018 MOTOROLA SOLUTIONS SERVICE AGREEMENT 9299 E Algonquin Road Contract Number: USC000007503 Schaumburg, IL 60996 Contract Modifier: (800)247-2346 Date: 29-MAR-2018 Company Name: Round Rock Police Dept P.0.#: Customer#: 1012664935 Attn.: Bill to Tag#: 0004 Billing Address: 221 E Main St Contract Start Date: 01-OCT-2018 City, State, Zip Code: Round Rock, TX 78664 Contract End Date: 30-SEP-2019 Customer Contact: Rick White Payment Cycle: ANNUALLY Phone: 512-218-5524 Currency: USD QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED AMT *****Recurring Services ***** SVC01SVC0033A NETWORK SECURITY MONITORING $49.19 $590.28 SVC01 SVC0335A NETWORK PREVENTIVE MAINT-LEVEL 1 $733.25 $8,799.00 SVC01SVC1102C ASTRO DISPATCH SERVICE $104.24 $1,250.88 SVC01 SVC1103C ASTRO NETWORK MONITORING $87.34 $1,048.08 SVC01 SVC1104C ASTRO TECHNICAL SUPPORT $132.50 $1,590.00 SVC01SVC1410C ONSITE INFRASTRUCTURE RESPONSE- $1,962.29 $23,547.48 STANDARD SVCO2SVC0127A NICE GOLD PACKAGE $3,301.32 $39,615.84 SVCO2SVCO201A ASTRO SUA II UO IMPLEMENTATION $569.81 $6,837.72 SERVICES SVC04SVC0178A SYS UPGRADE AGRMT II-SITE $2,437.10 $29,245.20 Sub Total $9,377.04 $112,524.48 Taxes $0.00 $0.00 SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORK FOR PERFORMANCE Grand Total $9,377.04 $112,524.48 DESCRIPTIONS THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA SOLUTIONS Su bcontractor(s) City State Technical Support Operations Schaumburg IL Nice Systems Inc Paramus NJ SSC Network Security Schaumburg IL City of Austin FSO Austin TX Network Management Operations Schaumburg IL f-gots __(7%72 Service Terms and Conditions Motorola Solutions Inc. ("Motorola")and the customer named in this Agreement("Customer") hereby agree as follows: Section 1.APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3.ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date" indicated in this Agreement. Section 4.SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used;the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose,without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret,or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire,engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 If there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING i 1 Name of business entity filing form,and the city,state and country of tho business entity's place Certificate Number: of business. 201$-393087 Motorola Solutions i Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to tate contract for wfitcfi the fonn Is 06!1612018 being filed. Round Rock Police Dept Date Acknowledged; k 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of tho services,goods,or other property to be provided under the contract U SC000007503 Dispatch Console Support i 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary f l 1 i I i i 5 Check only If there Is NO Interested Party. X $ UNSWORN DECt.ARATfON � J n-- i My name is {.) � �1`ei+� iVWSand my date of birth is My address Is �iN�fl�tn;� O NV C. 61 b (street) (city) (state) (zip Code) (country) f i I declare under penalty of perjury that the foregoing is true and correct. Executed in t 1 Pw15t7'r\ County, State of •1 ,on the. ,day of 20 i (month) (year) t Signature of authorized agent of contracting business entity (Doclarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-393087 Motorola Solutions Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/16/2018 being filed. Round Rock Police Dept Date Acknowledged: 09/27/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. USC000007503 Dispatch Console Support 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711