CM-2017-1369 - 5/5/20170 MOTOROLA SOLUTIONS
Attn: National Service Supportl4th 11
1301 East Algonquin Road
(800) 247-2346
Company Name:
Attn:
Billing Address:
City, State, Zip:
Customer Contact:
Phone:
Date: 02/13/2017
Round Rock, City Of
ACCOUNTS PAYABLE
221 E Main St
Round Rock,TX,78664
Rebecca Rodriguez
(512)801 0672
SERVICES AGREEMENT
Contract Number: S00001027034
Contract Modifier: RN13-FEB-17 08:57:48
Required P.O.:
Customer # :
Bill to Tag #:
Contract Start Date:
Contract End Date:
Anniversary Day:
Payment Cycle:
PO#:
No
1012673283
0001
07/0112017
09/30/2017
Jun 30th
MONTHLY
QTY
MODELIOPTION
SERVICES DESCRIPTION
MONTHLY
EXT
EXTENDED
AMT
1
1
SVCO2SVC0127A
***** Recurring Services *****
NICE GOLD PACKAGE
NICE IP OR MGEG LOGGER
SITE(S)
$3,166.66
$9,499.98
SPECIAL INSTRUCTIONS - ATTACH
STATEMENT OF WORTS FOR PERFORMANCE DESCRIPTIONS
Subtotal - Recurring Services
$3,166.66
$9,499.98
Subtotal - One -Time Event
Services
$ .00
$ .00
Total
$3,166.66
$9,499.98
Taxes
-
-
Grand Total
$3,166.66
$9,499.98
THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE. TO BE VERIFIED BY MOTOROLA
Subcontractor(s) City
State
NICE SYSTEMS INC PARAMUS
NJ
i receivea 7tatements oT worK Gnat aescnoe the services proviaea on tnis Agreement. Motorola's Service Terms
and C " ditions, a cop of which is attached to this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE
CUSTOMER (PRINT NAM5�
ATIVE(SIGNATURE) TITLE
NICK CASSIOPPI 815-543-6915
MOTOROLA REPRESENTATII/VVE(PRINT NAME) PHONE
()/t4 -2o17 r � T
DATE
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. Customers 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 Customers
notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in
other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry
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 Motorolas 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
Customers 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 Customers premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force
and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
- City of Round Rock
ROUND [K Agenda [tem Summary
Agenda Number:
Title: Consider authorizing the execution of a three month Services Agreement
for new dispatch equipment with Motorola Solutions, Inc.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/5/2017
Dept Director: Allen J. Banks
Cost: $9,499.98
Indexes:
Attachments: Motorola 3 Month Stop Gap Coverage, CMAF Motorola 3 Month Stop Gap
Coverage.
Department: Police Department
Text of Legislative File CM -2017-1369
Consider authorizing the execution of a three month Services Agreement for new
dispatch equipment with Motorola Solutions, Inc.
The Round Rock Police Department uses the Motorola 'NICE' software package to
record emergency and non -emergency phone calls received by the Communications
Section. As part of the original purchase agreement, a one year service plan was
included with the software package. The service plan expires on 06/30/2017 and will
be renewed on 10/01/2017 wtih the new Fiscal Year. This contract creates a stop gap
for this service for the period between the end date and next renewal date.
Cost. $9,499.98
City of Round Rack Pape i Printed on 5/4/2017