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DoosanPortablePower.com

©2015 Doosan Infracore Portable PowerlJ-E-0215-0100

THE CITY OF NASHUA “The Gate City"

Financtal Services

Purchasing Department

October 12, 2017
Memo #18-049

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | MOTOROLA SERVICE AGREEMENTS AND SYSTEM UPGRADE AGREEMENT
(VALUE: $235,532)
DEPARTMENT: 157 CITYWIDE COMMUNICATIONS; FUND: GENERAL $43,571
DEPARTMENT: 157 CITYWIDE COMMUNICATIONS; FUND: ESCROWS $191,961

Please see the attached communications dated October 10, 2017 from William Mansfield, Radio Systems
Manager, for the information related to these contracts.

Pursuant to § 5-84 Special purchase procedures A. (4) Sole-source procurements, where the proposed
purchase is manufactured by only one company.

The Radio Systems Manager and the Purchasing Department recommend awarding these contracts in an
amount of $235,532 to Motorola of Schaumburg, IL.

Respectfully, , _-

Dan Kéoken

Purchasing Manager

Ce: W Mansfield J Graziano J Griffin

229 Main Street « Nashua, New Hampshire 03061 » Phone (603) 589-3330 e Fax (603) 589-3344

City of Nashua, NH
Citywide Communications Division
Wireless Communications

October 10, 2017

To: James Donchess, Mayor

From: William Mansfield, Radio Systems Manager
RE: Motorola Service Agreements

Mayor Donchess,

Attached please find a copy of the Motorola Proposed Service Agreement for maintenance and support
services totaling $43,571.02. This agreement covers a variety of support services to ensure that the
City’s radio communications will continue to operate year round. A brief description of each of the
services is provided in this memo although a more in depth description is attached.

Security Upgrade Services $16,023.00

This service provides the City with the software necessary to upgrade our system security on a weekly
basis. The City receives notification of an upgrade being available, the upgrade is received and then the
upgrade is installed into the necessary equipment. (This service has been paid for FY18 through the FY
17 Budget since our maintenance agreement expired in May 2017.)

Network Monitoring $8,319.91

This service allows Motorcla to monitor our radio system from a center in Elgin, {L. When Motorola is
notified of an alarm on the system they determine the type of alarm and if it is critical they will notify
the Citywide Communications staff via email. (This is budgeted in the FY18 Budget)

Technical Support $7,807.01
This service aliows the City Communications Staff to contact Motorola Solutions experts in Elgin, iL to
assist us in troubleshooting issues or problems with the radio system. (This is budgeted in the FY18

Budget)

Preventive Maintenance $11,421.70

This Service provides a Motorola System Technologist and the Local Radio Shop, Two Way
Communications, to respond to the City on an annual basis and perform Preventive Maintenance on the
system. The City’s Communications Division does not have the equipment to perform this function.

The cost of this equipment would be too costly for the City to acquire and would require a substantial
amount of additional training to be able to perform. it is more cost effective to have the personnel with
the equipment and training to perform this function. (This is budgeted in the FY18 Budget}

City of Nashua Wireless Communications Division
PO Box 785 Nashua, NH 03061-0785
603-594-3521

Pursuant to NRO Sec 5-84 (A)(4)}, Special purchasing procedures for sole-source procurements, a
quotation dated September 28, 2017 was solicited from Motorola Solutions Inc. to purchase
Maintenance Services for the Services Agreement. Funding for these services is available in the FY 18
Citywide Communications Budget, Communications Equipment Maintenance, account #57. 1.620

§4435.

City of Nashua Wireless Communications Division
PO Box 785 Nashua, NH 03061-0785
603-594-3521

SERVICE AGREEMENT

1299 E Algonquin Road Contract Number. USCoo0005299
Schaumburg, iL 60796 Contract Modifier; RN3O-MAY-17
(800) 247-2346
Date: 28-SEP-2017 Required P.O.:
” . 1 soar Cusiomer #: 1000413138
Company Name: Nashua Police Depi, City Of Bill to Tag#: 0001
Attn: Contract Start date: 01-OCT-2017
Billing Address: 229 Main St Contract End date: 30-SEP-2018
City, Province, Posial Code: Nashua,NH,03060 Anniversary Day: Sep 30th
Customer Contact: Lt William Mansfield Payment Cycle: ANNUAL
Phone: 603-594-3521 Currency. USB
QTY | MODEL/OPTION SERVICES DESCRIPTION MO | BATENBED
=" Recurring Services *****

1 SVCO4SVC0016C =| SECURITY UPDATE SERVICE $1,335.20 $16,022.40

4 SVCO01SVC1104C =| ASTRO TECHNICAL SUPPORT $650.58 $7,807.01

1 $VC01SVC1103C | ASTRO NETWORK MONITORING $693.32 $8,319.91

4 SVCO1ISVC1405C | NETWORK PREVENTATIVE MAINT $951.81 $11,421.70

Sub Total $3,630.91 $43,571.02
Taxes

SPECIAL INSTRUCTIONS - artacu Grand Total $3,630.91 $43,571.02

STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS

TAXES MAY APPLY AS PER THE JURISO CTIONS

| received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of
which Is attached to this Service Agreement, is incorporated herein by this reference.

AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
CUSTOMER (PRINT NAME)
MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE

Joshua Morick

MOTOROLA REPRESENTATIVE (PRINT NAME)

406-980-0342
PHONE

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
Motcrola 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 io 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 CF 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. lf 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. lf Customer purchases from Motorola additional equipment that becomes part of the sarne 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 addad to the
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and mode! number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, darnaged, 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 cannet, 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. Gustomer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in
@ 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 standards;

excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.

5.2, Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of
the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; ang repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or
for Equipment malfunction caused by the transmission medium.

Section 6. TIME AND PLACE OF SERVICE

Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location,
Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and
power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be
imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software
elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless
otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses
associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.

Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available

twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
maintain contact, as needed, with Motcrola.

Section 8. PAYMENT
Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment

period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days
of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other
taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and

franchise taxes of Motorola) by any governmental eniity.

Section 9. WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of

ninety (90) days frorn the date the performance of the Services are completed. In the event of a breach of this warranty,
Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis,
the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE.

Section 18. DEFAULT/TERMINATION

10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a
written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written
plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan
approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any
other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
termination to the defaulting party.

10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.

Section 11. LIMITATION OF LIABILITY

Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of 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 pravision.

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 Agreernent 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 agenl 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. [f this provision is found to
be overly broad under applicable law, it will be modified as necessary to conform to applicable iaw.

Section 16. MATERIALS, TOOLS AND EQUIPHIENT

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 itis 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 prernises 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 in
which the Services are performed.

17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.

17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's
reasonable control, such as strikes, material shortages, or acts of Gad.

17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this
Agreement.

17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder
without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted
assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola
may assign this Agreement to any of its affillates or its right to receive payment without the prior consent of Customer. In
addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a
sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event"), Motorola may, without the prior
written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to
benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the

Separation Event.

17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF
THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE
PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS
THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the
Services to reflect its current rates.

17.8. if Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect
at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a
time and materials basis at Motarola’s then effective hourly rates.

17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the
Agreemeni. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature
shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In
addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as
and shall have the same effect as an original signed copy of this document.

Revised Oct 15, 2075

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 ihe 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 Moiorola’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 cannet, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola
may modify the scope of Services related to that Equipment; rernove thai Equipment from the Agreement; or increase the
Price to Service that Equipment.

4.7. Customer must promptly notify Motorola of any Equipment failure. Motorcla 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
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 standards;