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HomeMy WebLinkAboutApproval of Jim Moore As Replacement for Roger Ham As Project Manager For Existing Motorola Agreement (Motorola Agreement Did Not Go To Council) 8/2/99 - 1999-08-02� 13 LoulanBe�e6 _ Po��c � Council/Agency Meeting Held: Defer edlContinued to: Approved ❑ Conditionally Approved ❑ Denied 7� _ blDo p ry Clerk's Signature Council Meeting Date: August 2, 1999 Department ID Number: PD99-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR AWY -¢ /(—? r---- PREPARED BY: RONALD E. LOWENBERG, CHIEF OF POLICE SUBJECT: APPROVE JIM MOORE AS REPLACEMENT FOR RO EER I- M A$-_ PROJECT MANAGER FOR EXISTING MOTOROLA AdRZEAENT c �n"ST rn M Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, AtWchm nt(s) Statement of Issue: City Council approval is needed to continue the acquisition of the mobile data computers for police field vehicles and any future negotiations which may become necessary during the implementation process. City Council is also requested to authorize Jim Moore as the individual with signing authority for the existing Motorola agreement and other related agreements which was previously assigned to the project manager Roger Ham. Funding Source: Previously budgeted through a combination of the 800 MHz County wide radio project and grant funds. Recommended Action: Motion to: Authorize Jim Moore, Public Safety Information Systems Manager, to act as project manager for the previously approved acquisition of hardware and software from the Motorola Corporation. This authority will include the ability to enter into agreements with other related vendors for the acquisition of peripheral hardware, software, or services which might become necessary to effect the Motorola project. And in so doing, approve the continued implementation of the existing agreement with Motorola and all its terms and conditions. Alternative Action(s): Do not approve Jim Moore as Project Manager. REQUEST FOR COUNCIL ACTION MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PD99-012 Analysis: During 1996, Council approved the purchase of various data communications hardware and software which were necessary for continued data communications among police vehicles and dispatch, replacing obsolete and antiquated equipment. On February 20, 1996, Council approved the 800 MHz radio project in the amount of $5,903,813. This amount included $750,000 for the purchase of mobile data computers for police. However, outfitting the entire police fleet of vehicles required an additional $450,000 over and above the amount authorized, totalling $1.2 million. This additional amount was approved by Council on November 11, 1996, and funded by the 1996 Supplemental Law Enforcement State Grant Fund. This Request For Council Action relates to the discrete portion of the 800 MHz project that is for the acquisition of the mobile data computers, the subject of the existing agreement between the City and Motorola. The implementation process of the agreement has been lengthy due to the development of new technology which will be more beneficial to the City than the equipment originally contemplated. This necessitated renegotiations with Motorola for the purchase of the updated equipment. During this negotiation process, Roger Ham left the employ of the City of Huntington Beach and Jim Moore has now replaced Mr. Ham in that capacity. However, the signing authority previously vested in Mr. Ham has not been given by City Council to anyone. Council therefore should consider giving Jim Moore the signing authority as Roger Ham's replacement and in so doing should reaffirm the City's desire to acquire this latest technology for our police vehicles. The Motorola agreement is attached. Environmental Status: NIA Attachment(s): RCA Author: JM -� motoroU .2. 07/21/99 5:26 PM Communications System Agreement Communications System Agreement THIS AGREEMENT, made and entered into this day of 996, by and between Motorola Inc., a Delaware corporation, hereinafter referred to as "MOTOROLA" or "Seller", and the City of Huntington Beach hereinafter referred to as "PURCHASER". WITNESSETH: WHEREAS, the PURCHASER desires to purchase a Communications System; and WHEREAS, MOTOROLA desires to sell a Communications System; and THEREFORE, the parties hereby enter into an agreement pursuant to which MOTOROLA shall perform the work and furnish the equipment and services as more fully set forth herein and in the following exhibits, which are either attached hereto or incorporated by reference and hereby made a part of this Agreement: Exhibit A General Provisions dated January, 1987 consisting of seven (7) pages and twenty-two (22) sections. Exhibit B Huntington Beach Purchase Order Standard Terms and Conditions Exhibit C MOTOROLA Software License. Exhibit D Acceptance Test Plan dated 12/10/96, Equipment List 1 dated 12/23/96, Equipment List 2 dated 12/13/96, and Statement of Work dated 12/10/96. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Section 1 SCOPE OF WORK A. MOTOROLA shall furnish all of the equipment as outlined in Exhibit D, and > provide such tools, supplies, labor and supervision necessary for the installation for those items purchased to be installed as detailed in Exhibit D for a Communications System. B. PURCHASER shall in addition to responsibilities described in the Statement of Work included in Exhibit D of this Agreement perform the following coincident with the performance of this Agreement: (1) Provide a designated Project Director. 12/23/96 1 Communications System Agreement (2) Provide ingress and egress to PURCHASER'S facilities and/or sites as requested by MOTOROLA and have such facilities available for installation of the equipment to be installed. (3) Provide adequate telephone lines for the installation and operation of the equipment. (4) Provide adequate AC Power at 117 VAC + 10%, 60 Hz for the installation and operation of the equipment. (5) Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the PURCHASER. The PURCHASER shall be solely liable for loss or damage to equipment prior to, during and following --installation when such equipment is on or within PURCHASER'S facilities and/or vehicles. Section 2 SITES This agreement is predicated on the utilization of sites and site configurations, which have been selected either by the PURCHASER or by MOTOROLA as contained in the MOTOROLA proposal. In either situation, should it be determined by either MOTOROLA or PURCHASER during the course of performance on this Agreement that the sites or configuration selected are no longer available or desired, new br replacement sites or configuration will be selected and approved by both MOTOROLA and the PURCHASER. If any price adjustments are necessary as a result of these new or replacement sites, such price adjustments will be added to this Agreement by change order in accordance with Section 4 of the General Provisions. Section 3 SUBSURFACE/STRUCTURAL CONDITIONS This Agreement and the MOTOROLA proposal are predicated upon normal soil conditions defined by E.I.A. standard RS-222 (latest revision). Should MOTOROLA encounter subsurface, structural, and/or latent conditions at any site differing from those, indicated on the specifications, or as used in the preparation of the bid price, the PURCHASER will be given immediate notice of such conditions before they are further disturbed. Thereupon, MOTOROLA and the PURCHASER shall promptly investigate the conditions and, if found to be different, will adjust the plans and/or specifications as may be necessary. Any changes which cause an adjustment in the contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of the General Provisions. Section 4 PERIOD OF PERFORMANCE A. MOTOROLA shall complete the work in accordance with Exhibit D. 12/23/96 2 Communications System Agreement B. Whenever MOTOROLA knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the work, MOTOROLA shall within thirty (30) days give PURCHASER notice thereof and may request an extension of time to perform the work. C. In order to successfully integrate and implement this project, shipments will be made F.Q.B. Destination to PURCHASER facilities, local MOTOROLA staging facilities, warehousing facilities, or any combination thereof. It is agreed that this plan is acceptable to PURCHASER and that MOTOROLA will advise prior to shipment of actual destination and that purchaser will accept shipment, and make payment as required by this Agreement. D. It is also agreed that equipment shipping dates reflected in this agreement or in MOTOROLA proposals are estimates only, and that shipment may be made at any time prior to, or subsequent to these estimated shipping dates. Section 5 ACCEPTANCE CRITERIA A. MOTOROLA has included an Acceptance Test Plan ("ATP") which has been agreed to by both parties either in writing prior to this Agreement or by execution of this Agreement and is a part of Exhibit D to this Agreement. The successful completion of the ATP will be the sole criterion for system acceptance. B. Should the PURCHASER commence use of the system or any sub -system thereof for their intended purposes, other than for the express purposes of training or testing, prior to system acceptance, final payment for said system or sub -system shall be due net thirty (30) days. The warranty or maintenance periods for such equipment put into use, unless warranty or maintenance has already begun, shall be deemed to have commenced concurrently with the use of the equipment for its intended purpose. The use of the equipment for its intended purpose shall be deemed to have occurred when the PURCHASER commences to use and rely primarily on the equipment for its communications. e C. Upon notification by MOTOROLA that the system is available for acceptance testing, it is agreed that should the acceptance testing of the system or any subsystem thereof be delayed for reasons beyond MOTOROLA'S control, that final payment for the subsystem or system shall become due net thirty (30) days and warranty or maintenance shall commence upon notice to PURCHASER by MOTOROLA. Section 6 PAYMENT SCHEDULE 12/23/96 3 Communications System Agreement A. MOTOROLA agrees to sell all of the equipment and perform the services as outlined in the Scope of Work and in Exhibit D, and PURCHASER agrees to buy the aforementioned equipment and services for the sum of one million - one hundred twenty-five thousand and three hundred sixty-six dollars and thirty-four cents ($ 1,125,366.34). B. The PURCHASER shall make payments to MOTOROLA as follows: Initial System Payment (45 days after contract execution) $ 112,536.63 10% Completion of Implementation and Design Document $ 112,536.63 10% Completion of Staging $ 168,804.95 15% Delivery of Infrastructure $ 123,790.30 11% Delivery of Field Devices (balance upon delivery as device ship) $ 540,175.84 48% Completion of Final Field Link Test/System Acceptance $ 67,521.99 6% TOTAL $1,125,366.34 100% If the PURCHASER experiences delays with the host link, the final payment for the completion of the Final Field Link Test shall not be extended beyond 90 days from the shipment of the infrastructure. C. In the event of failure or delay by the PURCHASER in providing sites, space, approvals, licenses, or any other PURCHASER obligations required preceding delivery of MOTOROLA equipment, it is agreed that MOTOROLA, at its sole discretion, may ship equipment as planned and that the PURCHASER will accept the equipment and make payment in accordance with the terms of this Agreement. Any additional costs incurred by MOTOROLA for storage of equipment will be invoiced and paid by PURCHASER. Section 7 PROJECT MANAGEMENT A. If the size or complexity of the project warrants, MOTOROLA will assign a Project Manager, who is authorized to exercise technical direction of this project. MOTOROLA, at any time, may designate a new or alternate Project Manager without written notice. b B. All matters affecting the terms of this Agreement or the administration thereof shall be referred to MOTOROLA'S cognizant Contract Administrator who shall have authority to negotiate changes in or amendments to this Agreement. Section 8 NOTICE ADDRESSES A. MOTOROLA, INC. 9980 CARROLL CANYON ROAD 1 2/23196 4 Communications System Agreement SAN DIEGO, CA 92131-1186 ATTN: CONTRACTS AND COMPLIANCE DEPARTMENT B. PURCHASER: Mr. Roger Ham Bureau Commander Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Section 9 ORDER OF PRECEDENCE In the event of an inconsistency in this - Agreement, the inconsistency shall be resolved in the following order: Exhibit A General Provisions dated January, 1987 consisting of seven (7) pages and twenty-two (22) sections. Exhibit B Huntington Beach Purchase Order Standard Terms and Conditions Exhibit C MOTOROLA Software License. Exhibit D Acceptance Test Plan 12/23/96, Equipment Work dated 12/10/96. Section 10 DISPUTES dated 12/10/96, Equipment List 1 dated List 2 dated 12/13/96 and Statement of MOTOROLA and the PURCHASER will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by MOTOROLA and the PURCHASER within thirty (30) days after written notice by one of the parties demanding non -binding mediation. Neither one of the parties may unreasonably wit4hold consent to the selection of a mediator, and MOTOROLA and the PURCHASER will share the cost of the mediation equally. By mutual agreement, however, MOTOROLA and PURCHASER may postpone mediation until both parties have completed some specified but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non -binding alternate dispute resolution procedure ("ADR'"). Any dispute which cannot be resolved between the parties through negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in California. 12123rss 5 Communications System Agreement Both MOTOROLA and PURCHASER consent to jurisdiction over it by such a court. The use of any ADR procedures will not be considered under the doctrine of lathes, waiver or estoppel to affect adversely the rights of either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if (a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. Section 11 SEVERABILITY If any portion of this Agreement or any exhibits hereto is held to be invalid, such Provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. Section 12 HEADINGS AND SECTION REFERENCES The headings given to the paragraphs herein are inserted only for convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers. Section 13 FULL AGREEMENT This Agreement and Exhibits hereto constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work. This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representatives of both parties. 12/23/96 6 Communications System Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their -duly authorized representatives as of the last day and yyAr written below. MO OLA INC. BY. a��Z (Signature) Name: A" l C I—?. (Print - Block Letters) Title: `_�a—e (Print - Block Letters) Date: 12 —23 7�t PPROVED AS TO FORA{ FREO' Ri A DATE MOTOROLA CONTRACTS AND COMPLIANCE DEPT. 4V 4p, (Signature) (Print - Block Letters Title�i��.P11sl7ioy SY.�T�I �•� (Print - Block Letters) Date: 12/23/96 7 Exhibit A EXHIBIT A GENERAL PROVISIONS DATED JANUARY, 1987 MOTOROLA, INC. Section 1 STANDARDS OF WORK MOTOROLA agrees that the performance of work described in this Agreement and pursuant to this Agreement shall be done in a professional manner and shall conform to professional standards. All packaging and packing shall be in accordance with good commercial practice. Section 2 TAXES The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. If any taxes are determined applicable to this transaction or MOTOROLA is required to pay or bear the burden thereof, the PURCHASER agrees to pay to MOTOROLA the amount of such taxes and any interest or penalty thereon no later than THIRTY (30) DAYS after receipt of an invoice therefor. Section 3 SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. Destination. MOTOROLA reserves the right to make deliveries in installments and the Agreement shall be severable as to such installments. Title to the equipment shall pass to the PURCHASER upon delivery to the F.O.B. Point. After delivery to the F.O.B. Point, risk of loss and damage to the articles shall be borne by the PURCHASER. The above notwithstanding title to software and any third party supplied software shall not pass upon payment of the license fee therefor or under any circumstances. Section 4 CHANGES IN THE WORK A. The PURCHASER may, at any time, by written order, make changes within the. general scope of the work, including but not limited to revisions of, or additions to, portions of the work, or changes in method of shipment or packaging and place of delivery. B. If any order under this Section 4 causes an increase or decrease in the cost of or time required for the performance of any part of the work under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. MOTOROLA is not obligated to comply with any order hereunder unless and until the parties reach agreement as to the 12/23/96 1 Exhibit A aforementioned equitable adjustment and same is reflected as an addendum to this Agreement. Section 5 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, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. The PURCHASER's sole remedy is to request Motorola at Motorola's option to either refund the purchase price, repair or replace product(s) that are not as warranted. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. No action shall be brought for any breach of this contract more than one (1) year after the accrual of such cause of action except for money due upon an open account." Section 6 EXCUSABLE DELAYS A. Neither MOTOROLA nor the PURCHASER shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; -or any other conditions beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in the Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 7 DEFAULT A. If MOTOROLA is wholly responsible for failure to make delivery or complete installation under the agreement, the PURCHASER may consider MOTOROLA to be in default, unless such failure has been caused by the conditions set forth in Section 6 of these General Provisions. b B. The PURCHASER shall give MOTOROLA written notice of such default and MOTOROLA shall have THIRTY (30) DAYS to provide a plan of action to cure said default. If MOTOROLA fails to cure said default, the PURCHASER may terminate any unfulfilled portion of this Agreement or complete the system through a third party. In the event the PURCHASER completes the system through a third party, MOTOROLA shall be responsible for an amount in excess of the Agreement price, not to exceed the value of the terminated portion, incurred by the PURCHASER in completing the system to a capability not exceeding that specified in the Agreement. IN THE EVENT OF 12/23/96 2 Exhibit A DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. Section 8 DELAYS BY PURCHASER If the PURCHASER is responsible for delays which cause the installation and acceptance of this system as defined in the Agreement, to be rescheduled beyond the Period of Performance set forth in the Agreement, the PURCHASER shall be liable for actual costs incurred by MOTOROLA resulting from these delays. Such charges may include, but are not limited to, additional Engineering; rescheduling charges; storage charges; maintenance charges; and transportation charges. The PURCHASER shall have the option to attempt to minimize actual costs incurred by storing and transporting equipment at its own expense. MOTOROLA reserves the right to modify payment terms in the event of such delays. Section 9 LICENSES/AUTHORIZATION The PURCHASER is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither MOTOROLA nor any of its employees is an agent or representative of the PURCHASER in FCC matters or otherwise. MOTOROLA, however, may assist in the preparation of the license application at no charge to the PURCHASER. PURCHASER acknowledges that project implementation is predicated on receipt of proper FCC licensing. Section 10 INDEMNIFICATION MOTOROLA agrees to and hereby indemnifies and saves PURCHASER harmless from all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the PURCHASER by reason of or on account of damage to the property of the PURCHASER or the property of, injury to, or death of any person, when such damage or injury is caused by MOTOROLA'S sole negligence or that of its employees, subcontractors, or agents while on the premises of the PURCHASER during the delivery and installation of the communications equipment. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. e Section 11 EQUIPMENT COMPATIBILITY MOTOROLA agrees that the equipment, will perform in accordance with the specifications and representations stated in MOTOROLA'S Proposal and Equipment List included in this Agreement. This Agreement does not extend to the performance of the equipment as a part of a larger system generally nor specifically to equipment in combination with products, elements or components not supplied by MOTOROLA. 12/23/96 3 Exhibit A Section 12 WARRANTIES A. MOTOROLA represents and warrants that all products, software, and items delivered under this Agreement conform in design, materials and workmanship to the appropriate MOTOROLA Technical Specifications. MOTOROLA further warrants that their products, software, and other items will interact according to the specifications contained in the Motorola Statement of Work and Equipment List. Successful completion of the ATP shall constitute full compliance with and fulfillment of this warranty. B. Hardware Warranty: MOTOROLA radio communications products are warranted to be free from defects in material and workmanship for a period of ONE (1) YEAR, except for crystal devices, channel elements, high stability oscillators (other than reference oscillators used for frequency synthesis which are warranted for one (1) year) and crystal filters, which are warranted for a period of TEN (10) YEARS from the date of shipment, but in no event for more than 18 months from the date of shipment. Parts, including crystals and channel elements, will be replaced free of charge for the full warranty period and the labor to replace defective parts will be provided for ONE HUNDRED AND TWENTY (120) DAYS from the date of acceptance or upon beneficial use of the respective equipment, whichever is sooner. Thereafter, the PURCHASER must pay for the labor involved in repairing the product or replacing the parts at the prevailing rates together with any transportation charges to -or from the place where warranty service is provided. This express warranty is extended by MOTOROLA, Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the original purchaser only, and only to those purchasing for purpose of leasing or solely for commercial, industrial, or governmental use. C. Software Warranty: The warranty for software, if any, shall be governed by the separate software license agreement set forth in Section 14. D. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR R%4PLIED, WHICH ARE SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ti MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. E. In the event of a defect, malfunction or failure to conform to specifications established by MOTOROLA, or if appropriate, to specifications accepted by MOTOROLA in writing, during the period shown, MOTOROLA, at its option, will either repair or replace the product or refund the purchase price thereof, 12/23/96 4 Exhibit A and such action on the part of MOTOROLA shall be the full extent of MOTOROLA'S liability hereunder. This warranty is void if: (a) the product is used in other than its normal and customary manner; (b) the product has been subject to misuse, accident, neglect or damage; (c) unauthorized alterations or repairs have been made, or unapproved parts used in the equipment. F. This warranty extends only to individual products; batteries are excluded but carry their own separate limited warranty. Because each radio system is unique, MOTOROLA disclaims liability for range, coverage, or operation of the system as a whole under this warranty. Non-MOTOROLA manufactured products are excluded from this warranty, but subject to the warranty provided by their manufacturers, a copy of which will be supplied to the PURCHASER on specific written request. G. In order to obtain performance of this warranty, the PURCHASER must contact its MOTOROLA salesperson or MOTOROLA at the address first above shown attention Quality Assurance Department. Section 13 CONFIDENTIAL INFORMATION MOTOROLA proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere, if applicable. All other material and information of confidential nature marked MOTOROLA PROPRIETARY and CONFIDENTIAL will be released as necessary under the following conditions: (1) PURCHASER shall exercise reasonable and prudent measures to keep these items in confidence. (2) PURCHASER shall not disclose these items to third parties without prior written permission, unless MOTOROLA makes them public or PURCHASER learns them rightfully from sources independent of MOTOROLA, or it is required by law to be disclosed. (3) MOTOROLA, where necessary, retains the right to prescribe specific security measures for the PURCHASER to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non -Disclosure Agreement will be required. 1 2123/96 5 Exhibit A Section 14 SOFTWARE LICENSE AND WARRANTY MOTOROLA will, in the course of the transaction for the items of equipment identified in the Agreement, deliver to PURCHASER, on a licensed basis, one or more computer programs (Product Program). Delivery of all Product Programs by MOTOROLA and acceptance of same by PURCHASER shall be made only under the terms and conditions as contained.: in Exhibit C attached hereto and made a part hereof. The terms and conditions of the License Agreement contained in Exhibit C shall survive the completion of the Agreement. Section 15 PATENT INDEMNIFICATION MOTOROLA agrees to defend, at its expense, any suits against PURCHASER based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright, and to pay costs and damages finally awarded in any such suit, provided that MOTOROLA is notified promptly in writing and at MOTOROLA'S request and expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any such product(s) furnished hereunder is enjoined as a result such suit, MOTOROLA, at its option and at no expense to PURCHASER, shall obtain PURCHASER the right to use or sell said product(s) or shall substitute an equivalent product or products reasonably acceptable to PURCHASER and extend this indemnity thereto or shall accept the return of said product(s) and reimburse PURCHASER the full purchase price. therefor, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the combination of any product(s) furnished by MOTOROLA and other elements nor does it extend to any product(s) of PURCHASER'S design or formula. Section 16 DISCLAIMER OF PATENT LICENSE Nothing contained in this Agreement shall be deemed to grant, either directly or by implication, estoppel, or otherwise, any license under any patents or patent applications of MOTOROLA, except that PURCHASER shall have the normal non- exclusive royalty -free license to use that is implied, or otherwise arises by operation of law, in the sale of a product. Section 17 WAIVER Failure or delay on the part of MOTOROLA or PURCHASER to exercise right or power hereunder shall not operate as a waiver thereof. Section 18 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12/23/96 6 Exhibit A Section 19 ASSIGNABILITY The Agreement may not be assigned by either party hereto other than MOTOROLA may assign this order to one of its Subsidiaries as in the normal course of business. Section 20 EQUIPMENT SUBSTITUTION When Motorola; notifies the PURCHASER in writing of the official product announcement introducing a Mobile Data Computer ("MDC"), replacement for the Motorola 9100 WS Mobile Workstation, PURCHASER will have 120 days from the date of the notification to provide written notice to Motorola of PURCHASER's request to substitute such replacement MDC for the Motorola 9100 WS Mobile Workstations. PURCHASER reserves the right to witness operation of the new ("MDC") and evaluate features observed for a period of 30 days prior to final selection of equipment substitution. Such substitution will be made pursuant to the Change Order Process set forth in the Statement of Work, dated 12/10/96 of Exhibit D herein. Section 21 DISCOUNTING STRUCTURE The discounting structure offered to the PURCHASER for the Motorola Mobile Data Communications Products sold herein, is equal to the discounting structure found in the 800 MHz Coordinated County Communications System, Agreement No. S0000015.95 between the County of Orange and Motorola, Inc. Section 22 TRADE-IN EQUIPMENT PURCHASER Agrees to transfer all rights (including, but not limited to, all legal, property and ownership rights) in all of its existing KDT 480 Mobile Data Terminals and KDT 840 Portable Data Terminals to MOTOROLA. PURCHASER agrees to deliver these Terminals to MOTOROLA's authorized representative within ninety (90) days from system acceptance. b 12/23/96 7 MOTOROLA END -USER SOFTWARE LICENSE AGREEMENT This Software License Agreement is between Motorola, Inc. ("Motorola"), having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60196, and the City of Huntington Beach(" Licensee") located at Huntington Beach, California. 1. Scope Licensee may acquire from Motorola's Land Mobile Products Sector ("LMPS") radio communication products ("Products") that contain embedded or pre -loaded Motorola software such as in a ROM, PROM, or EPROM, or other Motorola software provided on media such as a floppy disk, tape, diskette, or CD-ROM. All such software (including Radio Service Software and FLASHport® Software) is referred to as "Motorola Software." This Agreement contains the terms under which Licensee may use Motorola Software acquired from LMPS. 2. Grant of License. Motorola hereby grants to Licensee a personal, non-exclusive license under Motorola's applicable proprietary rights to use Motorola Software in accordance with the terms of this Agreement. 3. Limitations on Use. Licensee may use Motorola Software only for Licensee's internal business purposes and only as described in the Motorola Software or Product documentation. Any other use of Motorola Software is strictly prohibited and will be deemed a breach of this Agreement. Licensee may not copy, modify, adapt, merge with other software, reverse engineer, or disassemble any Motorola Software for any reason, except that Licensee may make at most two copies of Motorola Software provided with infrastructure equipment for back-up purposes. Licensee must purchase a copy of Radio Service Software for each site at which Licensee uses Radio Service Software; Licensee may make one additional copy for each computer owned or controlled by Licensee at each such site. Licensee may temporarily use Radio Service Software on portable or lap -top computers at other sites. Prior to acquiring any Radio Service Software or upon Motorola's request, Licensee must provide a written list of all sites where Licensee uses or intends to use Radio Service Software. Licensee must reproduce all Motorola copyright and trademark notices on all copies of Motorola Software. 4. Transfers. If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to use Motorola Software (other than Radio Service Software and FLASHport® Software) embedded in or furnished for use with those Products provided that (a) Licensee transfers all copies of such Motorola Software to the new owner and (b) Motorola receives a transfer form (which Motorola will provide upon request) completed and signed by the new owner. Otherwise, Licensee may not transfer or make available any Motorola Software to any third party. S. Ownership and Title. Title to all copies of Motorola Software in any form, including all rights in patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively in Motorola. 6. Confidentiality. Licensee acknowledges that all Motorola Software contains valuable proprietary information and trade secrets and that unauthorized dissemination, distribution, modification, reverse engineering, disassembly, or other improper use of Motorola Software will result in irreparable harm to Motorola for which monetary damages would be inadequate. Accordingly, Licensee will limit access to Motorola Software to those of its employees and agents who need to use Motorola Software for Licensee's internal business purposes, and Licensee will take appropriate action with those employees and agents to preserve the confidentiality of Motorola Software. 7. Maintenance and Support. No maintenance or support is provided under this Agreement. Maintenance or support, if available, will be provided under a Motorola Software Maintenance and Support Agreement. 8. Limited Warranty. For the first 120 days after initial shipment of Motorola Software, Motorola warrants that the Motorola Software, when used properly, will be free from reproducible defects that materially vary from its published specifications. Motorola does not warrant that Licensee's.use of the Motorola Software or the Products will be uninterrupted or error -free or that the Motorola Software or the Products will meet Licensee's particular requirements. MOTOROLA'S TOTAL LIABILITY, AND LICENSEE'S SOLE REMEDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA'S OPTION, REPAIR OR REPLACEMENT OF THE MOTOROLA SOFTWARE OR PAYMENT OF LICENSEE'S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO MOTOROLA FOR THE MOTOROLA SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE MOTOROLA SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE; SUBSEQUENT TRANSFEREES MUST ACCEPT THE MOTOROLA SOFTWARE "AS IS" AND WITH NO WARRANTIES OF ANY KIND. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Term and Termination. Licensee's right to use Motorola Software will begin when Licensee sends a duly executed copy of this Agreement to Motorola, and either (a) Motorola returns a fully executed Agreement to Licensee or (b) Motorola ships'Motorola Software or a Product containing Motorola Software to Licensee, and will continue in perpetuity unless terminated as follows. Licensee's right to use Motorola Software will terminate without notice upon a breach of this Agreement by Licensee. In addition, if Motorola reasonably believes that Licensee intends to breach this Agreement with respect to Radio Service Software or FLASHport® Software, Motorola may, by notice to Licensee, terminate Licensee's right to use such Motorola Software. Upon termination, Motorola will be entitled to immediate injunctive relief without proving damages and, unless Licensee is a sovereign government entity, Motorola will have the right to repossess all Radio Service Software and FLASHportO Software in Licensee's possession. Within thirty days after termination of Licensee's right to use any Motorola Software, Licensee must certify in writing to Motorola that all copies of such Motorola Software have been returned to Motorola or destroyed. 11. Notices. All notices, consents, and waivers permitted or required under this Agreement will be deemed given upon receipt and must be delivered in writing to the addresses at the top of this 4greement and, if to Motorola, to the LMPS Technical Assets Manager, Room 2305. Change of address must be in writing to the other party. 12. General Copyright Notices. The existence of a copyright notice on Motorola Software will not be construed as an admission or presumption that public disclosure of Motorola Software or any trade secrets associated with Motorola Software has occurred. Non -Motorola Software. Motorola may provide non -Motorola software to Licensee under the terms of separate license agreements with the owners of such software. Licensee will abide by the terms of these licenses. 2 Causes of Action. Licensee must bring any action under this Agreement within one year after the cause of action arises except that warranty claims must be brought within the 120-day warranty period. Waivers. No waiver of a right or remedy of a party will constitute a waiver of another right or remedy of that party. Assiznments. Motorola may assign any of its rights or subcontract any of its obligations under this Agreement, or encumber or sell any of its rights in any Motorola Software, without prior notice to or consent of Licensee. Entire Agreement and Amendment. This Agreement contains the parties' entire agreement regarding Licensee's use of Motorola Software and may be amended only in a writing signed by both parties, except that Motorola may modify this Agreement as necessary to comply with applicable laws and regulations including FCC regulations. Governing Law. This Agreement will be governed by the laws of the United States of America to the extent that they apply and otherwise by the laws of the State of California. MOT OLA, INC. Name: _�prCLt�l_-SS�I.�L Title; Date: lZ —Z3 —C� O Al PPROVED AS TO FORM ra-- 2 ati OAT MOTOROLA CONTRACIS AND WNPLIANCE DEPT. a LIC By: Nary Titic Date: *-e_ 3 EXHIBIT B (HUNTINGTON BEACH PURCHASE ORDER STANDARD TERMS AND CONDITIONS) EXHIBIT D (STATEMENT OF WORK, EQUIPMENT LIST AND ACCEPTANCE TEST PLAN WHICH ARE TO BE AGREED TO AT A LATER DATE) 5 City of Huntington Beach Section 4 Police Department Statement of Work 4. Statement of Work This Statement of Work (SOW) is a comprehensive document of deliverables required for implementation of the Huntington Beach Police Department wireless data system described in this proposal. This Statement of Work describes the tasks to be performed for the locations and connections between the Radio Network Controller (RNC), Data Base Stations (DBS), and field devices. 4.1 Introduction This Statement of Work includes specific responsibilities for Motorola and Huntington Beach Police Department. Motorola defines these responsibilities based upon information available at the writing of this proposal. If desired, Motorola and Huntington Beach Police Department may negotiate alterations to these responsibilities, including revisions to system services via a change order. 4.2 Special Terms and Conditions This proposal is based on uninterrupted / contiguous site field activity. Additional mobilizations are not included in the pricing. If installation is delayed due to incomplete site preparation, the following charges may apply: Standby time at a rate of $963 per man -day, plus expenses while on site. • If de -mobilization of the implementation crew is necessary, re - mobilization charges and a 2-week advanced notice is required. Every effort will be made to improve this, but it can not be guaranteed. Installation services are based on the assumptions made for this system design and provisions of this proposal. If system requirements vary from the proposed system design, additional price and scope of work will need to be negotiated accordingly. ©1NOTOROLA Confidential and Pmprfetary a _ 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work 4.3 Design & Implementation Document The implementation for the Huntington Beach Police Department RD- LAP 19.2 data system upgrade will proceed according to the Design & Implementation Document jointly developed by the Motorola project team and the Huntington Beach Police Department project team. The plan will structure the method and schedule for the system design verification, manufacture, factory test and staging, site preparation, installation, optimization and introduction into the Huntington Beach Police Department operation. This plan will be confined to the scope of work as formally set forth in the Statement of Work. This plan as developed and approved by both project teams, will become an addendum to the Statement of Work. 4.3.1 !Understanding There is a need to restate the critical nature of this undertaking. The current system is in operation and the community relies on its operation in a transparent, uninterrupted state. Motorola professionals are dedicated to the people served by Huntington Beach Police Department and will perform this upgrade with control and minimal disruption of service. However, Huntington Beach Police Department should plan for data communications to be down for certain periods of time during the installation of field devices and during system cutover. 4.3.2 Development The Design & Implementation Document shall be developed into a comprehensive document, incorporating all design developments and changes to the project throughout the proposal. The plan will be broken into various phases and tasks, as required, to allow for the controlled a implementation of the system upgrade. 4.3.3 Elements of the Design & Implementation Document The Design & Implementation Document will include elements such as the following: • System design ©MOTOROL4 Confidential and Proprietary 4-2 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work — Equipment interface -- Facility requirements • Site development — Power requirements — Environmental issues — Communication requirements • Staging • Installation — Radio Network Controller — Data Base Station and antenna systems — Field devices • System integration — TCP/IP interface — Communication links — Acceptance test plan • System cutover — Method — Safeguards • System optimization and testing — Level setting system adjustment — Link verification/acceptance test — Optional coverage test . Documentation — System Software • Training ©MOTOROLA Confidential and Pmpnerary 4-3 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work 4.3.4 Schedule The draft Design &c Implementation Document will be delivered to the Huntington Beach Police Department Project Manager 60 working days after award of contract for review, comment and approval. This plan will cover those combined efforts of Motorola and Huntington Beach Police Department. The project will be divided into three major phases. 4.3.4.1 Phase One Phase One will include both Motorola and Huntington Beach Police Department responsibilities. Huntington Beach Police Department will manage the development of a TCP/IP interface between the CAD and the RNC 3000. Motorola will complete the data system upgrade design and manufacture of the Data Base Stations and Radio Network Controller. Motorola will install and test the equipment in our staging facility in Schaumburg, Illinois. A working system can be witnessed by a representative of Huntington Beach Police Department before shipping the equipment to the field if desired. 4.3.4.2 Phase Two Phase Two is dedicated to installing the infrastructure and configuring two each of the FORTEs and the 9100-WS Mobile Workstations at Huntington Beach Police Department's locations and performing the link verification acceptance test. A test frequency in the 806-821 MHz range, provided by Huntington Beach Police Department, will be used during optimization and initial acceptance testing to demonstrate a working Motorola system. Phase two will conclude with Motorola reconfiguring the base site equipment for the normal operating frequency and performing a final link verification test. Huntington Beach will have to halt operations on the existing system during this test. After this point in time, operations will only be possible on the old system or the new system, but not both. The following items will be the sole criteria for system acceptance: • Successful completion of the final link verification test ©MOTOROLA Confidential and Pmpnetary _ 4 12/10196 City of Huntington Beach Section 4 Police Department Statement of Work Verification of delivery of Motorola's entire equipment list and deliverables - as defined in this Statement of Work and the subsequent Implementation and Design Document Should the TCP/IP host link be delayed for any reason, it will not delay system acceptance. In this situation, acceptance will be granted after the successful completion of the items as stated above. Eighteen (18) additional FORT -s and eighty-eight (88) additiona19100- WS Mobile Workstations will ship in Phase Two. Training and vehicle installations will commence in this phase also. 4.3.4.3 Phase Three During Phase Three, the remaining 9100-WS Mobile Workstations will be installed in Huntington Beach Police Department vehicles by the City. . The cutover or "turn on" process will be implemented as developed and documented in detail in the Implementation & Design Document. Phase Three activities are all internal to Huntington Beach with the exception of Motorola's assistance during system cutover as follows. Motorola will provide technical assistance and personnel on site at the time of cutover or system turn on, provided reasonable notice is given beforehand. 4.4 Project Kick-off Meeting Immediately following the contract signing a project kick-off meeting will be conducted. The project kick-off meeting is a working session that uses this Motorola proposal, the Motorola/Huntington Beach -Police Department contract, and other pertinent documents as the basis for subsequent development of the Implementation & Design Document. e Contract clarification and amendment procedures will be reviewed and a formal process will be implemented for communicating. During the meeting, Motorola and Huntington Beach Police Department will review the Statement of Work and preliminary implementation schedule. At the conclusion of the meeting, all parties will know each other's expectations as well as the project team members that are responsible for each major area of system implementation. ©MOTOAOLA Confidential and Proprietary 4-5 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work 4.5 Project Team Members To facilitate the technical and management requirements of the design, installation, optimization, testing and completion of the Huntington Beach Police Department data system, Motorola will assign a team of qualified resources. Drawing on personnel from systems engineering, systems technology, and project management, this team approach allows each member to excel in their area of expertise while maintaining full and consistent communications between Motorola and Huntington Beach Police Department. Descriptions of the responsibilities of these key team members are included below. 4.6.1 Project Manager The Project Manager is directly responsible for the total project in accordance with the contractual schedule, performance and financial objectives. All matters relative to the implementation of this project will be forwarded to the Project Manager or his or her appointed designee. The Project Manager will coordinate, manage and direct the implementation process. He will also provide on -site coordination to installation personnel during critical periods of the system implementation process as well as the coordination and scheduling of engineering and technologist resources. For the Huntington Beach Police Department data system, the Project Manager's responsibilities will include: • Managing the project schedule • Verifying inventory to ensure complete equipment delivery to Huntington Beach Police Department • Overseeing and scheduling all phases of equipment installation • Verifying that the system has been properly optimized and is ready for acceptance testing • Managing the change order process • Issuing subcontracts ©MOTOROLA Confidential and Proprietary 4-6 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work • Keeping Motorola management and Huntington Beach Police Department notified of current project implementation status • Scheduling and attending project or other progress meetings with Huntington Beach Police Department as necessary •. Acting as the single point of contact for Huntington Beach Police Department and Motorola teams throughout the system implementation process • Ensuring delivery of all completed system documentation, such as the Implementation & Design Document, as -built documents, and equipment manuals. 4.5.2 Systems Engineer The Systems Engineer will oversee and hold responsibility for the design of the Huntington Beach Police Department data system. This task includes reviewing the requirements of Huntington Beach Police Department and selecting and configuring a solution of Motorola hardware and software that best meets these needs. Equipment features, performance, and cost are included in this process. The Systems Engineer will support implementation engineering issues throughout the project and is directly responsible to the Project Manager. For the Huntington Beach Police Department data system, the Systems Engineer's responsibilities will include: • Evaluating system requirements and recommending a solution • Creating an equipment list that reflects the design of this solution • Analyzing and simulating data throughput and system capacity • Predicting system RF coverage • Developing sufficient design documentation, including diagrams and text, to allow the Systems Technologist to configure and optimize the design • Developing the design documentation in the Design Document as a formal and complete description of the Huntington Beach Police Department data system • Interfacing with Motorola's manufacturing facilities regarding system technical issues ©MOTOROLA Con6denGal and Proprietary 4-7 I2/10196 City of Huntington Beach Section 4 Police Department Statement of Work • Drafting and overseeing the execution of the communication link verification acceptance test procedures 4.5.3.. Network Systems Engineers A Network Systems Engineer is available if needed to evaluate the interoperability of the hardware and software components comprising the complete Motorola system offering to the customer. The Network Systems Engineer is familiar with numerous technologies and standards in the realms of software development and networking. The Network Systems Engineer's goals are to -mitigate system integration risk and to ensure that successful end -to -end solutions are proposed and installed to meet customer's business requirements. A brief summary of activities is delineated below: • Responsible for all end -to -end system level design issues to ensure that a complete solution that meets required technical specifications is implemented • Responsible for ensuring Motorola software subcontractors provide application software solutions meeting required specifications • Responsible for application design meetings involving Motorola software subcontractors and customer representatives • Responsible for technical Iiaison efforts involving application software design and configuration between Motorola software subcontractors • Responsible for resolving host interface technical issues with Motorola software subcontractors or product group personnel • Responsible for application software protocol analysis between Motorola network products and host applications • Responsible for providing host application software interface consulting services to Motorola software subcontractors 4.5.4 Systems Technologist The role of the Systems Technologist is to configure and optimize the hardware and software included in the design of the Huntington Beach Police Department data system. To perform these tasks, the systems technologist will coordinate with the other team members to ensure that the equipment is implemented in a manner consistent with the design and ©MOTOROLA Confidential and Pmpnetary 4 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work management plan. The Systems Technologist will work with the factory team during system staging and will be directly responsible to the Project Manager for technical issues throughout the project. For the Huntington Beach Police Department data system, the Systems Technologist's responsibilities will include: • Reviewing implementation and configuration aspects of the system design, schedules and plans • Providing technical assistance to host site installation • Optimization of Motorola provided base stations and host site equipment • Configuring test field devices • Executing link verification tests together with the Systems Engineer • Delivering training courses • Interfacing with Motorola's manufacturing facilities regarding component and performance technical issues 4.6 Motorola Responsibilities The following paragraphs describe Motorola's proposed responsibilities. 4.6.1 System Design Motorola is responsible for the design of the Huntington Beach Police Department wireless data system, which includes the Radio Network Controller, Data Base Stations, FORTE Wireless CommPads and 9100- WS Mobile Workstations. Information regarding the proposed system design is included in the system description section of this proposal. Since this design may change through contract negotiations, Motorola will e provide final drawings and other system specific documents to Huntington Beach Police Department in the Implementation & Design Document. 4.6.2 Motorola Demarcation Points Motorola is responsible for all components from the RNC AUI Ethernet port to the data termination unit, with the exception of the Telco or ©MOTQROLA Confidential and Proprietary 4-9 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work microwave communication circuits between the RNC site and base site modems. Motorola will use the following demarcation points to verify the correct operation of the Motorola supplied radio network: • RNC AUI Ethemet port • Base link modems located at RNC site • Base link modems located at base sites • Data Termination Unit (FORTE or 9100-WS) If Motorola is required to assist with any integration efforts beyond the defined Motorola demarcation points, all work will be performed on a time and materials basis and charged to Huntington Beach Police Department via a "change order." 4.6.3 Staging The Huntington Beach Police Department data system will be staged at the Motorola Customer's Center for Systems Integration (CCSI) in Schaumburg, Illinois. Staging is the process of gathering all equipment in one location for the purpose of assembling and testing the entire working system in a controlled location. Because equipment and resources are available to assemble and test the system before components are dispersed for installation at various remote sites, cost and schedule overruns are minimized. At the staging location, the equipment will be readied for operation, configured and tested to ensure proper operation using a pseudo host. Motorola encourages Huntington Beach Police Department representative to witness and sign off on the tests. No provisions for transportation or accommodations of Huntington Beach personnel are included in this proposal. At the completion of staging, the equipment will be readied for shipment to Huntington Beach Police Department for installation. 4.6.4 Host Site Installation This task includes the installation and integration of the RNC and modems. Installation and integration can begin once all site improvements have been made as specified in Section 4.7 of this document, following Motorola's inventory of all required equipment, and after Huntington Beach Police Department has successfully obtained all required licenses ©MOTOROLA Confidential and Proprietary 4 - 10 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work and permits. Once these conditions are met, Motorola will complete the following tasks. • Install RNC3000 • Apply AC power • Verify the RNC hardware configuration • Configure/verify the RNC for the following: 1) Site indexes 2) Transmitter selection matrix tables 3) Host link definition • Install/configure the RNC modems 4.6.6 System optimization • Verify the base station configuration • Verify base station level settings • Test the base station functions • Test the base station interfaces • Verify system messaging • Conduct link verification tests as specified in the Acceptance Test Plan 4.6.6 Acceptance Testing Motorola will test the Huntington Beach Police Department data system upgrade according to the acceptance test plans included in this proposal. This approach provides detailed and documented procedures to test individual system items. Records of the test results will be gathered and witnessed by Motorola and d Huntington Beach Police Department. Any defects detected during this testing are to be remedied by the responsible party. 4.6.7 System Manual Motorola will provide a system manual containing all system specific design, as -built configurations, and servicing information. This manual, in ©lIROTORDLA Confidential and Proprietary 4 - 11 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work conjunction with the Implementation & Design Document and standard equipment manuals, provides the information required for on -going maintenance. 4.6.8 Training Motorola will provide training services for technical and operational personnel as detailed below. Any additional training requested by Huntington Beach Police Department will be negotiated and implemented according to the change order process as outlined in the contract. 4.6.8.1 9100-WS Mobile Workstation Installation and Programming Purpose Training will be given to the service shop technical personnel to provide them with the ability to configure and verify proper operation and installation of the 9100-WS Mobile Workstations . This -will be an informal, hands-on class. Subjects include: • Software, radio, downloading • Operational tests • Installation and optimization procedures • Programming and configuration Participants There will be a maximum of six participants. Duration e The training course duration will be 1 day. Location At Huntington Beach site. Course Outline ©MOTOROLA Confidential and Proprietary 4 - 12 12/10/96 City of Huntington Beach Police Department 9100-WS Overview • Equipment positioning • Cable routing • Installation considerations • Hands-on session Terminal Adjustment and Testing • Set-up • Check sheet • Troubleshooting • Hands-on 4.6.8.2 FORTE~ Programming Training Purpose Section 4 Statement of Work Training will be given to the service shop technical personnel to provide them with the ability to configure and verify proper operation of the FORTEs. This will be an informal, hands-on class. Subjects include: • Software, radio, downloading • Operational tests • Installation and optimization procedures • Programming and configuration Participants e There will be a maximum of six participants. Duration The training course duration will be 1 day. Location ©MOTOROLA Confidential and Proprietary 4 - 13 lvlo/96 City of Huntington Beach Section 4 Police Department Statement of Work At Huntington Beach site. 4.6.8.3 Unit Level Maintenance Course a Purpose The purpose of this training is to provide the participants with the ability to perform unit level maintenance on the system: • Distinguishing between normal and abnormal operation • Determining in which unit a problem lies by system and field device troubleshooting • Correcting simple faults or replacing the faulty unit with spare equipment • Describing symptoms on a trouble report or to a service representative • Taking the necessary steps to expedite repairs All training materials and manuals are included in the course. Prerequisites It is essential that the people performing vehicle or system troubleshooting and equipment adjustments have mobile RF experience. Participants The course should be given to those employees who will be performing unit level maintenance and to their supervisors, with a maximum of six participants per course. Duration The training course is 21 days long and will occur during Phase 1I. Location At equipment locations. ©MOTOROLA Confidential and Proprietary 4 - 14 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work Equipment Required The following test equipment is required and will be supplied by Huntington Beach: • Oscilloscope • RF service monitor • 12 VDC power supply (20 amp) • Thru-line wattmeter • Misc. hand tools e Laptop computer Course outline Day 1—System Overview System Configuration — Units in the system — Signal flow — Contention scheme — System diagnostics a Functional Description — Purpose of each unit Mobile Data Communications Subsystem Maintenance Radio Network Controller — Connections Fuses Operational indicators r Base Station Controller — Connections — Fuses MOTOROLA Confidential and Proprietary 4 - 15 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work — Operational indicators — Adjustments • Modems — Connections — Configuration — Operational indicators System Troubleshooting -- A logical approach — Fault isolation and verification — Equipment removal/installation — Common faults — Hands-on session — Returning for repair Day 2 I • System Troubleshooting — A logical approach — Fault isolation and verification — Equipment removal/installation o Field Device — Functionality — Indicators — Diagnostics • Base Site Visitation e Data Base Station optimization Review equipment Review diagnostics 2100 setup Troubleshooting procedures MOTOROLA Confidential and Proprietary 4 - 16 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work — Unit Level Maintenance Review Quiz 4.6.8.4 FORTS Operator Instructors Training Note: Training on operational_procedure5 -And CAD. functionality for the FORTE will be the responsibility of the --CAI? vendor andlor Huntington':: -. Beach Police Department'..;-.:-.-", Purpose This course prepares Huntington Beach Police Department instructors to train the FORTE field operators. Once the training is finished, a core group of qualified instructors will be available on the department's staff to train new employees, to centralize information, and to implement policy changes. The training will include operational procedures as they relate to the FORTE. Prerequisites It is recommended that the participants have the necessary background in training and communication skills, as well as a good understanding of the operator's work and procedures. Participants There will be a maximum of five participants. Duration e m The training course duration will be a maximuof 1/2 day. Location Training will be conducted at Huntington Beach Police Department's site. Course Outline ©MQTDROLA Confidential and Proprietary 4 _ 17 I2/I0/96 City of Huntington Beach Section 4 Police Department Statement of Work System Overview • Equipment set up • System description •. System operation FORTE Physical Operation • Device description • External keyboard • Display screen • Power up • Sign on/off • Status keys • Forms • Operation indicators • Memory space 4.6.8.5 9100-WS Mobile Workstation Operator Instructors Training Note: Training on operational procedures and°CAD functionality _forthe 5=. t. 9100-WS willbe the responsibility of the CAD vendor and/or Huntington'_ . -.- Beach:Police_Departmen�. Purpose This course prepares the City instructors to train the MWS field operators. Once the training is finished, there is a core group of qualified instructors available on staff to train new employees, to centralize information, and to implement policy changes. The training will include operational procedures as they relate to the MWS. Prerequisites ©MOrOROL.A Confidential and Proprietary 4 - 1 8 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work It is recommended that the participants have the necessary background in training and communication skills, as well as a good understanding of the operator's work and procedures. Participants There will be a maximum of five participants. Duration The training course duration will be a maximum of I/2 day. Location Training will be conducted at Huntington Beach Police Department's site. Course Outline System Overview • Equipment set up • System description • System operation 9100-WS Physical Operation • Device description • Main keyboard • Display screen • Power up • Sign on/off • Status keys • Forms • Operation indicators • Memory space ©W070HOLA Confidential and Proprietary 4 -19 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work 4.6.9 Cutover Motorola will provide technical assistance and personnel on site at the time of cutover or system turn on, provided reasonable notice is given beforehand. 4.7 Huntington Beach Police Department Responsibilities Huntington Beach Police Department must appoint one person as the Huntington Beach Police Department project manager or single point of contact for project responsibility. This individual must have signature authority for signing off acceptance testing and to act on behalf of Huntington Beach Police Department to ensure successful project implementation. 4.7.1 CAD Requirements Huntington Beach Police Department is responsible for providing a TCP/IP host link and interface to the Radio Network Controller (as specified in the RNC Host Programmers Manual) for the RD-LAP 19.2 over -the -air protocol. Huntington Beach Police Department will administer the thirty -day host link/infrastructure test period and will diagnose problems and troubleshoot the Ethernet link between the CAD and RNC. (Phase Two of the Implementation Plan.) CAD is required to function as a registration host to register all devices on the RNC allowing access to the wireless data network. Huntington Beach Police Department is responsible for diagnosing and troubleshooting the CAD application software. 4J.2 Custom Forms Huntington Beach Police Department is responsible for developing forms for download from the CAD or permanents storage on the field devices. Motorola has supplied the forms generation software as part of the equipment Iist. ©MOTOAOLA Confidential and Pmpnetary 4 - 20 12/10/96 City of Huntington Beach Section 4 Police Department . Statement of Work 4.7.3 Licensing and Permits Huntington Beach Police Department is responsible for the procurement of all licenses and permits required for the system by local, state and federal authorities that are necessary for integration of the proposed equipment. This includes, but is not limited to: FCC licenses, FAA permits and building permits. It is the responsibility of Huntington Beach Police Department to secure one dedicated 806--821 MHz test frequency for use during implementation, and to demonstrate current licensing on the existing 806-821 MHz channel. 4.7.4 General Implementation It is assumed that the sites selected are owned, managed or controlled by Huntington Beach Police Department, and that Huntington Beach Police Department is responsible for access, modifications, intermodulation and interference problems. Coordination with other contractors, the telephone company, and other departments, is the responsibility of Huntington Beach Police Department. Connection or interfacing to devices not supplied by Motorola or specifically shown on the equipment deliverables list are the responsibility of Huntington Beach Police Department. Huntington Beach Police Department will provide receiving, unloading and storage of all equipment. Huntington Beach Police Department will provide adequate space and environmental conditions required for the proper installation, operation, and maintenance of Motorola -supplied equipment. Conduits, cable trays, site preparations, including grounding, and availability of suitable power, are to be provided by Huntington Beach Police Department. Motorola will have final signoff authority over Huntington Beach base site installations. Where deficiencies are found, Motorola will notify Huntington Beach what deficiencies exist and what is required to correct them. Any deficiencies shall be corrected prior to system testing. SNOTOROLa Confidential and Proprietary 4.21 12/10/96 Section 4 City of Huntington Beach Police Department Statement of Work 4.7.5 Base Station Sites Huntington Beach is responsible for installation of all base site equipment including base stations, modems, interface cables, and antenna systems. Each base station site must provide an environment suitable for installation, operation and maintenance of the Data Base Stations, communications links, and antenna subsystems that complies with MotoroIa's published "R-56 Quality Standards—FNE Installations" manual. The following provisions and/or site improvements will be the responsibility of Huntington Beach Police Department. These requirements need to be completed at all proposed base station sites before site installation begins. For each base station site, the following requirements apply: • Accessible floor space for the base station, which is mounted in a cabinet measuring 46" high by 22" wide by 15" deep • Secure equipment placement with accessibility to the front and back of the equipment for routine maintenance • One cable entry port in existing radio equipment room and adequate conduit permitting 7/8" coaxial transmission line to be run from the base station transmitter and receiver to associated antennas • A properly grounded, mechanically sound, antenna mounting structure with antenna height as specified in the coverage prediction map in Section 3 • One dedicated 20 amp, 3-wire, 120 VAC circuit with earth/building ground within 4 feet of the base station • Adequate site grounding available within 10 feet of the base station • Availability of a telephone to facilitate system installation and optimization • One 4-wire, Type 3002 voice grade communications circuit via microwave or Telco lines between the Radio Network Controller and base station sites • Verification that microwave or Telco interfaces are correct ©MOTOROLA Confidential and Proprietary 4-2-2 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work 4.7.6 Radio Network Controller Site At the location of the RNC, Huntington Beach Police Department is to provide suitable space and accommodations, including: • Approximately 4 by 3 feet of accessible floor space in an environmentally controlled, computer operating environment for the RNC cabinet • Secure equipment placement with access for service personnel • Dedicated 20 amp, 3-wire, protected 120 VAC circuits with earth/building ground within 4 feet of the RNC • A single, dedicated telephone circuit to facilitate system installation and optimization • Provide and install all necessary Ethernet cabling, hubs and media access units to interconnect the CAD computer and the RNC • Dial -up line for remote console sessions All required site improvements must be completed by Huntington Beach Police Department before installation begins. 4.7.7 Radio Network Controller to Radio Backbone Site Link Huntington Beach Police Department shall provide one voice -grade, Type 3002, non -switched full duplex telephone circuit between each Data Base Station and the Radio Network Controller. As an alternative, Huntington Beach Police Department may provide equivalent grade microwave circuits, including multiplex and termination cards. The circuits must be terminated using either RJ45 compatible jacks or on punch down blocks. The terminations should be within 10 feet of the equipment and be provisioned with appropriate protection against transient voltages. Circuits must be set to accommodate equipment transmit levels of 0 to -15 dBm, and receive levels of -15 to -30 dBm. Circuits must be installed and tested before installation of the communications equipment. QMOTOROLA Confidential and Pmptretary 4 - 23 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work 4.7.8 Vehicle Installations Huntington Beach Police Department is responsible for all removals of existing equipment and for installations of 9100-WS Mobile Workstations, antennas, cabling, and associated equipment. Installation schedules will be coordinated with Motorola to adhere to the overall project schedule. 4.7.9 Programming Huntington Beach is responsible for programming all FORTt units and 9100-WS mobile workstations: Motorola will however program two of each item for use in system testing and training. 4.8 Coverage Huntington Beach Police Department is presented with the option of purchasing the Coverage Acceptance Test outlined in this proposal. If the option is executed, Huntington Beach Police Department will sign acceptance based on the coverage results. If Huntington Beach Police Department elects not to purchase the option, Motorola is not responsible for coverage deficiencies later found by Huntington Beach. The coverage map in Section 3 is provided for reference only. 4.9 Statement of Work Amendment Procedures Once the Statement of Work is approved and signed by authorized representatives of both Huntington Beach Police Department and Motorola, a formal change order procedure will become effective. Motorola's Project Manager is the only individual authorized within the Motorola team to make changes that affect the scope of the project, regardless of how small such changes may be. A change request form, as provided in this Statement of Work, must be filled out and executed by both Huntington Beach Police Department's designated Project Manager and Motorola's Project Manager prior to the initiation of work outlined in any proposed change. Should Huntington Beach require Motorola's assistance in any of the tasks identified as a responsibility of Huntington � MOTOROLA Confidential and Proprietary 4 - 24 12/ 10/96 City of Huntington Beach Section 4 Police Department Statement of Work Beach, Motorola will require a written request and will submit a change order reflecting any adjustments necessitated by the request. Motorola will maintain the Statement of Work with formal documentation denoting agreed upon changes. Two identical master copies will be held: one by Huntington Beach Police Department, the other by Motorola. Statement of Work revisions will occur when there are system changes or documentation updates and will follow a change request process. Step 1: The change request form will identify the change(s) desired by either Huntington Beach Police Department or Motorola. Step 2: Motorola will investigate the feasibility of the requested change; determine options for accomplishments; and determine the impact with regard to additional equipment, project timeline, or services required in order to implement the change request form. Step 3: Motorola will provide to Huntington Beach Police Department recommendations, impacts and cost regarding the proposed change. Step 4: Huntington Beach Police Department will provide official written notification to Motorola of approval of the change request by signing the change request form and providing a "Notice to Proceed" where no costs are required. Step 5: Huntington Beach Police Department and Motorola will negotiate any proposed cost differential and only upon written approval for additional expenditures (approved change order) will Motorola begin additional work or order equipment. Step 6: Motorola will identify and produce the new page(s) and revise the Statement of Work. Page dates, page numbers, text, and appropriate figures will be modified. Modifications to pages will d be marked with a vertical side bar appropriately placed adjacent to the affected material. Included with the page changes will be a revision record sheet showing the history of the changes to the Statement of Work by change request form and the pages that have been modified. ©MOTOROLA Confidential and Proprietary 4 - 25 12/10/96 City of Huntington Beach Section 4 Police Department Statement of Work Step 7: The Statement of Work page revisions will be distributed to Huntington Beach Police Department with a cover letter identifying the change request form(s) involved. Note: Changes to the Statement of Work as a result of this procedure may or may not result in a cost or schedule adjustment to the contract. I1 MOTOROLA Confidential and Proprietary 4 _ 2$ 12/ 10196 City of Huntington Beach Section 4 Police Department Statement of Work Huntington Beach Police Department Data System Change Request Form Change Request No. Requester Phone No. ' Title Description of Request: Equipment Required: Time Line Modification: Additional Services Required: Justification: Department Budgetary Dollar Value: Equipment: Services: Reviewed: e Engineer Sales Approved: Motorola Project Manager Date Date Date Huntington Beach Police Department Project Manager_Date ©MOTOROLA Confidential and Proprietary 4 _ 27 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan 5. Acceptance Test Plan The following section details the standard Motorola provided acceptance test procedures (ATPs) to confirm that the system as provided by Motorola is complete and meets the contractually agreed.upon acceptance test criteria. The acceptance test procedure is divided into the following functional areas: • DeIiverables Verification Acceptance Procedure • Communication Link Verification Acceptance Test The above acceptance tests will be performed by Motorola and witnessed by Huntington Beach Police Department personnel during the staging, field installation and testing phases. Each segment will be tested independently using check sheets to be provided by Motorola, as appropriate, and approved by Huntington Beach Police Department prior to commencement of acceptance testing. If deficiencies are found during the testing, both the deficiencies and resolutions to the deficiencies shall be agreed upon and documented. Where the defined deficiencies do not prevent productive operational use of the system, the tests will be deemed to have been satisfactorily completed and conditional acceptance will have occurred. Conditional acceptance shall be defined as the user having substantial beneficial use of the system. Motorola will, however, remain responsible for the resolution of the remaining punch list deficiencies as agreed. The following statements have been prepared to help document acceptance and are included in this section: e Acceptance of System Deliverables Statement Acceptance of Communication Link Verification Test Statement Huntington Beach Police Department will promptly sign the appropriate statement when the pertinent acceptance test criteria is satisfied. If it becomes necessary for Huntington Beach Police Department to make use of any part of the system before final system acceptance, then that ©MOMROLA C,anfidential and Proprietary _ 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan portion of the system is deemed accepted by Huntington Beach Police Department. 5.1 Deliverables Verification Acceptance Procedure This procedure will verify that the deliverables, as defined in the purchase agreement have been delivered to Huntington Beach Police Department. Representatives from Huntington Beach Police Department and Motorola will reference the list of system deliverables. To verify the receipt of items, the representatives will initial beside each item signifying its acceptable receipt. Once all items have been initialed or conditional acceptance has occurred, both representatives shall sign the Acceptance of System Deliverables Statement. ©MOT0#W0LA Confidential and Proprietary 5-2 I2/I0/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan Acceptance of System Deliverables Statement The following representatives of Huntington Beach Police Department and Motorola do hereby verify to the best of their knowledge and abilities that the observations and/or measurements as documented in accordance with the Deliverables Verification Acceptance Procedure are accurate and correct; and thereby attain either acceptance or conditional acceptance. Huntington Beach Police Department Signature Signature Name Name Position Date r Position Date Motorola, Inc. SMOTOROLA Confrdentlal and Pmprietary 5-3 12/IO/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan 5.2 Communication Link Verification ATP This section details the communication link verification test procedure. The objective of this test is to verify the integrity of the RF subsystem, including the communications links between the RNC and field device via each base station in the system. The test exercises the host link between a Motorola provided pseudo host, the customer's RNC, base station modem Iink, base station, and RF Link to a field device and back again. The field device for Huntington Beach Police Department will be a 800 MHz FORT$ Wireless CommPad running the Motorola TX application. The up-Iink and down -link paths in the system from the RNC location, through the RF base station to a field device and back again, will be tested. A pseudo host at the RNC location is used to generate outbound messages to and receive inbound messages from the field device. The field device operator will manually generate all inbound messages. The test team will consist of at least one authorized Huntington Beach Police Department representative and at least one Motorola employee. 5.2.1 Motorola Responsibilities Motorola will assume responsibility for all the pretest set-up and will provide all equipment required other than Huntington Beach Police Department infrastructure and field device. Motorola will record all test results and will have a minimum of one person available on -site to perform the tests. 5.2.2 Huntington Beach Police Department Responsibilities Huntington Beach Police Department will provide a minimum of two operational FORT*t Wireless CommPads for the duration of the test. > The Huntington Beach Police Department will provide an authorized representative to monitor the test at the host site. The Huntington Beach Police Department will provide the RD-LAP 19.2 infrastructure and ensure that all parts of the link under test will be free from all other voice or data traffic for the duration of the test. ©MOTOROLA Confidential and Proprietary 5 _ 12/ 10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan 5.2.3 Test Preparation The following paragraphs describe the preparations for acceptance tests of the various sites and equipment. 5.2.3.1 Radio Network Controller Site The RNC site test requires a laptop computer executing the TX application host emulation software. The test host equipment consists of the following: 386 Laptop computer or equivalent PC with 3.5 inch external floppy drive, PCTCP software, SIM3 software, and MRCOM Ethernet adaptor. Coax cables, T-connectors, MAU, and terminations to support the Ethernet connection to the RNC. The pseudo host, or test host, is configured to be directly connected to the Ethernet host port on the RNC. The host TX emulation application on the test host is used to generate outbound messages and receive inbound messages. Statistics for the number of messages successfully received in both directions are collected using the statistics collection utility on the RNC. The host emulation software will be provided by Motorola. The data communication links, RNC, base stations and field devices will be provided by Huntington Beach Police Department for the duration of the test. 5.2.3.2 Configuration The configuration consists of a Mobile Termination Unit (MTU): in this e case, the FORTE Wireless CommPad. For the test, the TX application software residing on the FORTE will be used to communicate with the test host. The operator of the FORTE will periodically transmit a specified message. During the test, the FORTE must be situated close enough to the base radio site to ensure that the quality of the RF communication path is sufficient to reduce the likelihood of propagation errors from being ©MOTOROLA Confidential and PmpRetary 5-5 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan introduced into the test results. Since the link verification test is valid only if the test terminal is operating in solid RF coverage areas, Motorola personnel must qualify the test location prior to the start of link verification testing. The FORTts will be supplied by Huntington Beach Police Department for the duration of the test. Data collected during the test will identify the number of messages successfully or unsuccessfully processed. The test results will be used in subsequent analysis of the communication links and in the generation of the verification report. 5.2.4 Test Procedure Overview The test requires one person at the test host and one person with the MTU. These two people must be in contact with each other in order to coordinate their activities. For each link test, 100 test messages are sent from the MTU to the test host, then 100 test messages from the test host to the MTU. The test message lengths will be 100 characters each. A successful link test is based on a 98% acceptance criteria. A 98% acceptance criteria requites that 98 of the 100 messages transmitted inbound and outbound arrive at the destination device on the first transmission attempt. Thus, the test allows for two retries on each link under test. The following steps are to be carried out for each link test: Set-up Prior to the test, verify the test equipment set-up. Configure the RNC so that all sites (links) on the same RF frequency as the site (Iink) being tested are disabled. This is to prevent multiple receive paths on frequency re -use systems from affecting the test results. Start the mobile and host emulation test software applications. Manually exchange messages between the test host and MTU, ensuring RF link reliability. Test The test host authorizes the MTU under test. kUMOTOAOLA Confidential and Proprietary 5-6 12/10/96 City of Huntington Beach Police Department. Section 5 Acceptance Test Plan All statistics queues are reset to zero. Once ready, the test host operator instructs the MTU operator to start the inbound message generation. One hundred test messages are then sent inbound, generated manually by the MTU operator. After 100 test messages, the MTU operator instructs the test host operator to start the outbound message generation. The test host operator initiates the transmission of 100 outbound messages of 100 characters each to the NM. After 100 outbound messages have been sent, the test is stopped and the test host operator records the results. This procedure is repeated until all the base sites (links) have been completely tested through each RNC. A link will be deemed to have passed as long as the total number of messages received in both directions on the first try meets or exceeds 98% of the total messages sent. Motorola's engineers will examine the results and submit a written report to Huntington Beach Police Department. Any deficiencies deemed to be the responsibility of Motorola will be corrected. Deficiencies that fall into the responsibility of Huntington Beach Police Department will be identified for Huntington Beach Police Department's resolution of the problem. Link Test Documentation For each communications link test, the test team will record the following information: e Test personnel — Motorola representatives performing the Link Verification Test e Date and time — Record data and time that the tests were conducted e Base site name e Host site name — Corresponding to the RNC and test host location ©MOTOROL4 Confidential and Proprietary 5-7 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan • Total number of inbound and outbound messages • Total inbound and outbound message count including delivered, retried, and non -delivered messages from the RNC radio base link statistics. • Number of retries for the data transmissions — Retry count for each message including delivered, retried, and non - delivered • Additional comments. 0 ©MOTOROLA Confidential and Proprietary 5-8 12/ 10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan Acceptance of Communication Link Verification Test Statement The following representatives of Huntington Beach Police Department and Motorola do hereby concur that to the best of their knowledge and abilities the observations and/or measurements as documented in accordance with the Communication Link Verification Acceptance Procedure are accurate and correct and, thereby, attain either acceptance or conditional acceptance. Huntington Beach Police Department Signature Name Position Date d Signature Name Position Date Motorola, Inc. ©MOTOROLA Confidential and Proprietary 5-9 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan 6.3 Optional Coverage Verification Acceptance Test Huntington Beach Police Department can choose to purchase the Coverage Verification Acceptance Test discussed in this section. If Coverage Verification tests are executed, system acceptance is predicated on the successful completion of the Coverage Verification Test, at which time the parties will promptly sign the Coverage Verification Acceptance Statement. The objective of this test is to demonstrate that messages can be transmitted over the RF network with an area reliability of 95% within the coverage area specified by Motorola. In order to verify that the RF reliability is met, the area within Huntington Beach Police Department's coverage contour will be divided into equally sized test grids. Within each grid, test locations will be randomly selected for verification of both up -link and down -link RF reliability for a maximum of 1,000 test locations. Motorola will test the system in its proposed configuration as defined by the Detailed Design Document. Motorola is responsible for achieving the test objective as long as there are no alterations to the system specifications. This test specifically excludes areas of poor RF coverage as identified by Motorola's propagation prediction plot to give less than 95% area reliability. Also excluded are underground parking lots, underpasses that dip below grade and areas shadowed by uncharacteristically large man- made structures. Locations where unusually high levels of environmental noise exist may be excluded, since they will cause an uncharacteristic degradation in the sensitivity of the field device receiver. The test team will consist of at least one authorized representative of Huntington Beach Police Department and one or more Motorola e employee(s). 5.3.1 Coverage Area and Test Point Selection The Huntington Beach Police Department service area will be blocked into equally sized test grids. Inbound and outbound test transmissions will be made within each grid. Prior to the commencement of the test, Motorola will provide Huntington Beach Police Department with a suitable map 1rhM070R0i.A Confidential and Proprietary 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan showing the test grids. The specific test locations used within a given grid will be randomly. selected by the vehicle test team during the test. A valid test location is as defined above in the overview section. Should the occasional grid not be accessible, Motorola and Huntington Beach Police Department may agree to omit the inaccessible grids from the test procedure. 5.3.2 Test Procedure Prior to the test, Motorola personnel will verify that the field devices in the test vehicles supplied by Huntington Beach Police Department are operating satisfactorily. The field devices that will be used to test coverage will be 9100-WS Mobile Workstations. The primary coverage test will consist of up -link and down -link test transmissions performed within each grid, in each of the test grids. All test transmissions will be initiated by Huntington Beach Police Department's representative. One test transmission will consist of one press of the transmit (TX) key on the field device. This will initiate the first transmission and up to three automatic retransmissions. The reception of an acknowledgment (ACK) will indicate a successful up -link communication. No acknowledgment of this transmission will constitute an up -link failure of the test point. When TX is pressed, the field device will indicate the transmission until an ACK is received from the base equipment. If the ACK is not received by the terminal, the field device prompts that the message is not acknowledged. The down -link test transmission is automatically initiated upon receipt of a valid up-Iink test transmission. Failure of an up -link message does not constitute failure of the down -link message. Should an inbound message fail, another inbound message will be initiated solely for the purpose of triggering the outbound message. If this fails the outbound messages will be initiated manually on the test host. The coverage criterion of 95% will allow the failure of up to 5% of all up- link and 5% of all down -link transmissions from the total number of valid test transmissions from all test grids. Since up -link and down -link messages do not occur simultaneously at precisely the same location, up- ©MOTOROLA Confidential and Pmpfietary 5 - 1.1 12/10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan Iink and down -link message transmission successes and failureswill be summed separately to determine the results of the test. If the up -link failures represent less than 5% of the valid up -link test point locations and the down -link failures represent less than 5% of the valid down -link test point locations, the test will be deemed passed and completed. If either the up -link or down -link test failures amount to more than 5% of the total number of the valid test transmissions, secondary coverage testing will be performed to determine the extent of the problem. Alternatively, Huntington Beach Police Department may deem the test passed and complete if it is felt that there is no real problem and the radio coverage is acceptable. If the secondary testing is required (i.e. more than 5% of the primary test transmissions fail), it will be performed after the completion of the primary coverage test. The secondary coverage test will determine the size of each of the identified problem areas. If the sum of all of the problem areas identified by the secondary coverage test is less than 5% of the total area covered, the radio coverage acceptance test will be deemed passed. 5.3.3 Test Message Description The inbound test message will be at least 100 characters in Iength. The outbound test message will also be at least 100 characters in length. This is to reflect a test message that is typically larger than the average operational message to be used. When the down-Iink message is received by the field device, it will be directed to its page buffer. The message can be viewed on the screen so it can verify that the down -link message was received. At the RNC, an ACK is the positive indication the message was delivered to the field device. These ACKs and up -link messages are viewed on the RNC host simulator console. s 5.3.4 Coverage Test Documentation For each test point the test team will record the following: Grid number — corresponding to the numbered grids on the map e Test transmission number ©MOTOROLA Confidential and Pmpnetary 5 - 12 12/ 10/96 City of Huntington Beach Section 5 Police Department Acceptance Test Plan -- corresponding to a clearly marked number written on the topographical map • Test transmission location — clearly identifying the street identification of the test point •' Time of day — to the nearest five minutes • Pass/fail — as per the criteria outlined herein • Additional comments — should include observations about the test point location, any large shadowing objects or below grade underpasses obstructing coverage; type of area (rural, residential, urban); type of foliage (sparse, medium, dense). The results forms to be used and the Coverage Verification Acceptance Statement are shown at the end of this document. At the completion of testing, the duplicate copies of the following items will be retained on file by Motorola and Huntington Beach Police Department: a Test sheets • Maps with the test points clearly marked • The signed Coverage Verification Acceptance Statement The number of retries required at each test location to achieve a successful up -link and down -link may also be recorded by Motorola even though these statistics have no bearing on the pass/fail criteria of the test. If collected, this information is intended for Motorola's internal use only. e 5.3.6 Motorola Responsibilities Motorola will provide a documentation package as Iisted above. ©MOTOROLA Confidential and Proprietary 5 - 13 12/10/96 City of Huntington Beach Police Department - Acceptance Test Plan Section 5 Motorola will provide the topographical map divided into equal sized grids to be used for the coverage test to Huntington Beach Police Department at least four weeks prior to the commencement of the test. Motorola will provide any necessary specialized test tools required to perform the test. Motorola will have two people available on -site to assist with and monitor the test. 5.3.6 Huntington Beach Police Department Responsibilities Huntington Beach Police Department will provide a field device equipped vehicle for the test. Huntington Beach Police Department will provide an authorized representative to monitor the test in the test vehicle and at the host site. Huntington Beach Police Department will ensure the data channel is free from all other voice or data traffic for the duration of the test. 5.3.7 Coverage Verification Acceptance Statement Primary Test Results Summary Number of Valid Test Points Number of Valid Test Points Failed % of Valid Test Points Failed Pass/Fail <5% Up -Link Down -Link Each of the up -link and down -link parts of the primary test is deemed passed if the number of failed, valid test points amounts to less than or equal to 5% of the total number of valid test points. The primary test shall be accepted if both the up -link and down -link parts of the test pass. Secondary Test Results Summary (only required if primary test fails) Number of Valid Test Points Number of Valid Test Points Failed % of Valid Test Points Failed Pass/Fail <5% Up -Link Down -Link QMOTOROLA Confidential and Proprietary 12/10/96 5-14 City of Huntington Beach Section 5 Police Department Acceptance Test Plan Each of the up -link and down -link parts of the secondary test is deemed passed if the identified problem areas amount to less than or equal to 5% of the total operational area. The secondary coverage test shall be accepted if both the up -link and down -link parts of the test pass. Acceptance of Coverage Verification Test Statement (optional test) The undersigned, being a duly authorized representative of Huntington Beach Police Department, hereby attests that the foregoing results are true and accurate, and that either the primary or secondary acceptance test results have been approved by Huntington Beach Police Department or that Huntington Beach Police Department has deemed the radio coverage acceptable for normal system operation; thus, signifying the acceptance of the system's RF coverage performance. Huntington Beach Police Department Motorola, Inc. Signature Name Position Date e Signature Name Position Date ©MQTOROLA Confidential and ftpnerary 5 - 15 12/10/96 City of Huntington Beach Section 7 Police Department Equipment Lists 7-1. Equipment List 1 This proposal is an integral document and no part can be read in isolation. The descriptions of the'products and services quoted below are as specified elsewhere in the proposal. Motorola, Inc., (Motorola) quotes the following prices for the products and services set out in the proposal. All prices are FOB Huntington Beach Police Department in Huntington Beach, CA. Prices quoted are valid only for a complete system procurement as outlined in this section This quotation is valid through December 27, 1996. Errors and omissions excepted. 7-1 .1 Host Site Equipment Unit Price Item Qty Description Extended Price 1 1 RNC 3000 Radio Network Controller, including $59,333.00 $59,333.00 a 3 slot chassis a 8 Base Station software license a (2) UDS V.3229 modem cards a TCP/IP interface a RD-LAP 19.2 protocol a RNC console a 23" X 6' enclosure & rack a (1) UDS V.3229 stand alone modem e a cables, cable routing duct, ground block, power strip a manuals 2 1 RNC 3000 Field Replacement $19,675.00 $19,675.00 Unit (FRU) TOTAL HOST SITE EQUIPMENT: $79,008.00 81 MO70HOLA 12"6 7 - f nnf nWnM1 aM PrrdwWAry City of Huntington Beach Section 7 Police Department Equipment Lists 7-1.2 Base Site Equipment Unit Price Extended Item Qty Description Price 3, 2 DBS Data Base Station, $31,468.00 $62,936.00 including: • 800 MHz transceiver • 20 watts power • RD-LAP 19.2 protocol • 46" cabinet _ • back up get battery • triple circulator . • duplexer • V.3229 in cabinet modem • cables • manuals • Radio Service Software 4 2 Spare UDS V.3229 modem $1,760.00 $3,520.00 5 1 Field Replacement Unit (FRU) Set, including: $5,000.00 $5,000.00 • 800 MHz Exciter Module • 800 MHz Receiver Module • 800 MHz 20 watt Power Amplifier 6 1 Antenna Sub -System, including: $13,390.00 $13,390.00 • antennas • connector panels • miscellaneous suppressors, connectors, kits ` • 230 feet of 7/8" LDF cable • 80 feet of 1/2" supertlex cable TOTAL BASE SITE EQUIPMENT: $84,846.00 ®Mc"WOVOLA rar"6 7-2 r wrManaal,and a rrulana►v City of Huntington Beach Section 7 Police Department Equipment Lists 7-1.3 Field Devices Item Qty Description 7. 20 FORTE Wireless CommPad, including: • 800 MHz • 3 watts power • RD-LAP 19.2 protocol • 16M RAM, 75 MHz processor • MS DOS 6.2, MS Windows 3.1 Operating System software and other system software • TX software • AC adapter/charger • pen tether spare battery, spare pen 8 20 Carrying case (over the shoulder) 9 Lot Service aids, including • (1) Radio Service Software * (1) FORMGEN software • (1) TX Application Kit (software) • programming cables • manuals 10 47 9100-WS Mobile Workstation, including: • 800 MHz • 3 watts a • RD-LAP 19.2 protocol • TX software • external buzzer • mobile antenna Unit Price Extended Price $6,939.50 $138,790.00 $195.00 $2,483.00 $3,900.00 $2,483.00 $7,097.00 $333,559.00 $478,732.00 Il MOMROLA 122"6 7-3 rllnfilan►lAr An/'I P"virWwv City of Huntington Beach Section 7 Police Department Equipment Lists 7-1.4 Project Services Item Qty Description 11 Lot Project Management and Services, including: • project coordination and management of Motorola deliverables • staging • design documentation • host site installation and configuration • site integration and optimization • link verification acceptance tests • training • 1-year warranty OPTIONAL PERFORMANCE BOND (NOT INCL UDED IN PROJECT SERVICES TOTAL) OPTIONAL COVERAGE TEST (NOT INCLUDED IN PROJECT SERVICES TOTAL) TOTAL PROJECT SERVICES: d Unit Price Extended Price $120,686.00 $120,686.00 $2, 981.00 $2, 981.00 $12,344.00 $12,344.00 $120,686.00 SMOTOA90" 122"6 7-4 rnnA,1%nW ,grw1 PmnrAWA►v City of Huntington Beach Section 7 Police Department Equipment Lists 7-1.5 Summary HOST SITE EQUIPMENT $79,008.00 BASE SITE EQUIPMENT $84,846.00 _ FIELD DEVICES $478,732.00 EQUIPMENT SUBTOTAL: $642,586.00 TRADE-IN ALLOWANCE FOR ALL [$29,098.00] EXISTING FIELD DEVICES: ADJUSTED EQUIPMENT SUBTOTAL: $613,488.00 PROJECT SERVICES $120,686.00 SYSTEM SUBTOTAL: $734,174.00 FREIGHT $8,032.00 SALES TAX ON EQUIPMENT $47,545.32 GRAND TOTAL: $789,751.32 OPTIONAL PERFORMANCE BOND 2, 981.00 OPTIONAL COVERAGE TEST $12,344.00 On -Going System Support Options SECOND YEAR SYSTEM SUPPORT $60, 624.00 THIRD YEAR SYSTEM SUPPORT ,S'63, 656.00 FOURTH YEAR SYSTEMSUPPORT $66,839.00 Device Options YRRd-600 VEHICULAR RADIO MODEM $2, 669.50 ITRONLV XC6000 MOBILE LAPTOP COMPUTER $7,246.80 *System Grand Total based on return of 110 existing MDT system devices. SMOrOROA a 12rz398 7-5 rrnMprrW wM Pnw Mfmv City of Huntington Beach Section 7 Police Department Equipment Lists 7-2. Equipment List 2 This proposal is an integral document and no part can be read in isolation. The descriptions of the products and services quoted below are as specified elsewhere in the proposal. Motorola, Inc., (Motorola) quotes the following prices for the products and services set out in the proposal. All prices are FOB Huntington Beach Police Department in Huntington Beach, CA. Prices quoted are valid only for a complete system procurement as outlined in this section. This quotation is valid through December 27, 1996. Errors and omissions excepted. 7-2.1 Field Devices d Item Qty Description 43 9100-WS Mobile Workstation, including: • 800 MHz • 3 watts a RD-LAP 19.2 protocol • TX software • external buzzer mobile antenna 2 Lot Workstation service aids, including: • (1) Radio Service Software • (1) TX Application Kit (software) e FORMGEN software • manuals TOTAL FIELD DEVICES: Unit Price Extended Price $7,097.00 $305,171.00 $2,732.50 $2,732.50 $307,903.50 ©MOTOROLA 1211"8 7-1 f ^RMOMfa1 R PprwWani City of Huntington Beach Police Department 7-2.2 Summary e Section 7 Equipment Lists FTELD DEVICES $307,903.50 EQUIPMENT SUBTOTAL: $307,903.50 FREIGHT $3,849.00 __SALES TAX ON EQUIPMENT $23,862.52 GRAND TOTAL: $335,615.02 SMOTOROLA 12/1396 7-2 rIxwr %QAftaf A P"Vviarary RCA ROUTING SHEET INITIATING DEPARTMENT: POLICE SUBJECT: APPROVE JIM MOORE AS REPLACEMENT FOR ROGER HAM AS PROJECT MANAGER FOR EXISTING MOTOROLA AGREEMENT COUNCIL MEETING DATE: August 2, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map_and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the Cify Attome Attached Subleases, Third Party Agreements, etc. LApproved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator(Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: