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HomeMy WebLinkAbout45-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 45-22 File Number: 2022-0094 MOTOROLA SOLUTIONS INCORPORATED: A RESOLUTION TO AUTHORIZE A CONTRACT WITH MOTOROLA SOLUTIONS INC. IN THE AMOUNT OF $893,228.90 PLUS APPLICABLE TAX AND FREIGHT CHARGES FOR THE PURCHASE OF RADIO EQUIPMENT, DESIGN, INSTALLATION, AND SOFTWARE AT THE CENTRAL DISPATCH CENTER LOCATED AT THE NEW POLICE HEADQUARTERS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $82,000.00 WHEREAS, Ordinance 4300, which passed on March 20, 2001, waived the requirement of competitive bidding for the purchase of specialized radio equipment from Motorola Incorporated as they are the sole supplier of 800 MHz Motorola trunking system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Motorola Solutions, Inc., a copy of which is attached to this Resolution, in the amount of $893,228.90 plus applicable tax and shipping charges for the purchase of radio equipment, design, installation and software at the Central Dispatch Center located at the new Police Headquarters, and further approves a project contingency in the amount of $82,000.00. PASSED and APPROVED on 2/15/2022 Page 1 Printed on 2116122 Resolution: 45-22 File Number: 2022-0094 Attest: ti,�►+�ttt t �►�►►r `���� GLER EL �.rR ►riri .`AA.• CIT Y J Kara Paxton, City Clerk Treasurer• FAY��y . ,y S • ''� • '��'�!" Ica ;,� \: rI� 'roe. ••�, \\ Page 2 Printed on 2116122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0094 Agenda Date: 2/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 MOTOROLA SOLUTIONS INCORPORATED: A RESOLUTION TO AUTHORIZE A CONTRACT WITH MOTOROLA SOLUTIONS INC. IN THE AMOUNT OF $893,228.90 PLUS APPLICABLE TAX AND FREIGHT CHARGES FOR THE PURCHASE OF RADIO EQUIPMENT, DESIGN, INSTALLATION, AND SOFTWARE AT THE CENTRAL DISPATCH CENTER LOCATED AT THE NEW POLICE HEADQUARTERS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $82,000.00 WHEREAS, Ordinance 4300, which passed on March 20, 2001, waived the requirement of competitive bidding for the purchase of specialized radio equipment from Motorola Incorporated as they are the sole supplier of 800 MHz Motorola trunking system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Motorola Solutions, Inc., a copy of which is attached to this Resolution, in the amount of $893,228.90 plus applicable tax and shipping charges for the purchase of radio equipment, design, installation and software at the Central Dispatch Center located at the new Police Headquarters, and further approves a project contingency in the amount of $82,000.00. City of Fayetteville, Arkansas Page 1 Printed on 211612022 Chief Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2022-0094 Legistar File ID 2/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/28/2022 Submitted Date Action Recommendation: CENTRAL DISPATCH (260) Division / Department Staff recommends approval of a resolution and waive competitive bidding to authorize a contract with Motorola Solutions Incorporated for the purchase of radio equipment, design, installation and software in the amount of $893,228.90 plus tax and approve a project contingency in the amount of $82,000. This project is planned to coincide with the move into the new police headquarters building. Budget Impact: 4470.200.8200.5210.00 / 4470.300.8300-5210.00 Sales Tax Capital Improvements Account Number 18013.1 / 21001.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Fund Citywide Radio System / Fire Mobile Radio Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,250,000.00 $ 1,250,000.00 $ 980,318.72 $ 2 Purchase Order Number: V20210527 Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF -y- FAYETTEVILLE %V ARKANSAS CITY COUNCIL MEMO MEETING OF FEBRUARY 15, 2022 TO: Mayor and City Council THRU: Mike Reynolds, Chief of Police / & 4WVWL_ FROM: Kathleen Stocker, Dispatch Manager DATE: January 28, 2022 SUBJECT: Approval of a resolution to authorize a contract with Motorola Solutions Incorporated for Central Dispatch Radio Equipment RECOMMENDATION: Staff recommends approval of a resolution and waive competitive bidding to authorize a contract with Motorola Solutions Incorporated for the purchase of radio equipment, design, installation and software in the amount of $893,228.90 plus tax and approve a project contingency in the amount of $82,000. This project is planned to coincide with the move into the new police headquarters building. BACKGROUND: The City of Fayetteville purchased the dispatch radio equipment in 2010 as part of a citywide radio system project, which included us joining the Arkansas Wireless Information Network. The police and fire departments have been planning for these scheduled upgrades and replacements as part of their five-year Capital Improvement Projects. DISCUSSION: The radio equipment in the Central Dispatch Center will be twelve years old in 2022. Several pieces of equipment are no longer supported under maintenance and need to be replaced. Additionally, replacing equipment at this time will allow for a smooth transition of the dispatch center into the new police headquarters, which should eliminate radio outages during this critical infrastructure move. BUDGET/STAFF IMPACT: Budget for this proposal will be from the Capital Improvement Project fund. Radio maintenance is an on -going expense that will affect the operations budget after the one-year warranty on the equipment. Ordinance 4300 is on file to waive competitive bidding for the purchase of specialized radio equipment from Motorola Incorporated. Motorola is also giving us the same pricing as listed on the NASPO ValuePoint Cooperative. Attachments: Motorola proposal with contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ►MvrogoLA sC]LurronrS1.. THE C AYETTEVIL r r, The rhroal, crfklrg, and rxher lnf]rnratl�71 ("fnfflrinas qn'j R�tn�trhed xeln U>!s s atmise]or1+te Motwola Pans. Ine. S Mat.dr5lis SC(uSiprX' and is lilrt>tniltEUrhfh Thar tyori dr4), informatron of extent anc . by appicable law, the tntora•ga1W is not to be dlscl Uud K +s to 6e uU)d fr+r eva'Wrbn purpgSW only To the fullest (nibrmation v h6ut the wrftt47rr lUW pUr}tio1Y- rt<any MaftnlK WanYOne Other thwi (hott;MgUlr2� Sti audit+83B 1>�+nsBsiW1 of h46fnrpta Sa[u[�atzs. LLCMO O R and are I144T0. Mf7=aROtA 5t}L1l7it3NS, and rlse Styt�tec M E Qg[r are trademarks or regi edd vademarks of AA trola Trademark H t LC and are used su*V k'211W, qX other Wadenutrfre mj8 tha prop&,y *(Nair respecl,k ff er& 0 2pp7 A4otorda $plWons, (no. All rights TABLE OF CONTENTS Section 1 .1-1 SystemDescription....................................................................... 1.1 System Overview.................................................................................................................. 1.2 Master Site Licenses....................................................................................................................1-1 1.3 Dispatch Center Equipment Overview ................................................. ............................. . 1-3 1.4 MCC 7500E IP Dispatch Consoles .......................................................................................... 1-3 1.4.1 MCC 7500E IP Console Subsystem ..................... 1-5 1.4.2 Dispatch Site Diagram............................................................... ..... ............ ........... ...................1-5 1.5 Microwave Backhaul............................................................................................................ 1-5 1.5.1 Aviat Microwave Backhaul..................................................... .................................... .............. 1.6 APX® Consolette...................:.......:.......................................................................... ._.-1-8 1.7 key variable loader (KVL 5000) ................:................................................. ""."'`-` 1.8 Rack Drawings & Power Calculations ................................ 1-i 1 1.9 Assumptions....................................................... ......................................................................... Section 2 EquipmentList............................................................................................................ Section 3 ...................3-7 Statementof Work................................................................................................................... ..3 3.1 Implementation SOW •••••--••••-•••--•-. ....................................................... 16 3.2 Civil Statement of Work..................................................................................... ........ .................. 3.2.1 Site Development at Dinsmore Site ....................................................... 3.3 Aviat microwave Statement of Work.........................................................................................3-17 3.3.1 Overview................................................................................................ 3.4 AVIAT Project Scope................................................................................... 3.5 System Summary ....................... * .. 3.6 AVIAT Validity of Quote/PRICING- ................................................................... 19 3.7 Aviat Networks Installation, Integration, & Testing Deliverables ........................ 3.8 Project Schedules .............................. ......................... .......... .................................... ...................3-20 3.8.1.1 Project Schedule Key Dates - Consoles..................................................................... 3.8.1.2 Project Schedule Key Dates MW........................................................... Section AcceptanceTest Plan........................................................................ 21 ............ . 4.1.1 Instant Transmit ............................................ .......•.....,,............--•-••............................... 22 4.1.2 Talkgroup Selection and Call ................................................................................................... 4.1.3 Emergency Alarm and Call Display Description.............................................................. 4.1.4 Muitigroup Cail.........................................................................25 4.1.5 Multi -Select Operation ............................................................... .............. 26 4.1.6 Talkgroup Patch.......................................................................................................................... 20; �, �+lert Tones -Talkgroup ............................................................................................:lanoary i'he City a e. eviil Use or disclosure of this proposal is subject MCC 7500E IP pispa[ch console to the restrictions on the cover page. Table of Contents i Motorola solutions Confidential Restricted 4.1.8 Call Alert ............................................................................28 ........................................................... 4.1.9 Console Initiated Private Call to Subscriber .............................. 4.1.10 Console Priority ..................... ..... 30 ......................... 4.1.11 Activity Log .................................................... 31 .............................................................. ............ 4.1.12 Console Site Entering Site Conventional Mode................................................................. 32 4.2 Signoff Certificate .....................................................................4-1 ...................................................... Section 5 Pricing......................................................... ...........5-1 Section 6 Contractual Documentation.................................................... The City of FayetteviM MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted January 20, 2022 Use or disclosure of this proposal is supjert to the rest"ions on the cover page. Table of Contents i The City of Fayetteville January20, 2022 SYSTEM DESCRIPTION 1 1 SYSTEM OVERVIEW In response to the City of Fayetteville's request, Motorola Solutions is proposing an eight (8)-position MCC 7500E !P dispatch console system for Fayetteville Polire Department's (PD's) Dispatch Center, f he dispatch site will connect to the Arkansas Wireless Information Network (AWIN) Dinsmore site as the entry point for backhaul connection to the AWIN Master Site. Site cut Ineciivity is acl sieved wiiii art Aviat 11 Gl I licensed microwave hup with a dish mounted on a customer -supplied structure on Fayetteville PD Dispatch Center's rooftop. An Archiving Interface Se-Rrer (AIS) is also included to stare IP Ingging traffic from a customer provided IP logging recorder. In the event the MCC 7540E dispatch positions lose connectivity with the AWIN Master Site, eight (8) APK consolettes are included in this proposal allowing dispatchers to communicate with trunked radio resources from their GUI. One (1) additional APX consolette has been included allowing dispatchers to communicate :Prth the Univemiiu over the AWIN system. 1.2 MASTER SITE LICENSES Master Site licenses are included as part of this proposal and will be uploaded to AWIN's Master Site to account for the following: • Ten (10) MCC 7500 Dispatch Consoles Ten (10) Unified Network Configurator (UNC) Devices - These licenses come in packs of 10 and account for the AIS Voice Processing Module (VPM), switches, routers, firewall, conventiana! site controller (CSC), and conventional channel gateways (CCGWs). 1.3 DISPATCH CENTER EQUIPMENT OVERVIEW Motorola Solutions' proposed dispatch solution for Fayetteville PD is the MCC 7500E iP dispatch console. The dispatch site connects directly to the radio system's IP transport network and uses IP packet protocols for passing call control data and audio throughout the system. The following list describes the components that are included in the proposed configuration. One (1) AIS to be used with customer -provided IP togging recorder - The AIS is equipped for secure operation (ADPIAES encryption). One (1) Aviat IRU600 microwave subsystem including radios, power systems, antennas, and waveguide for the hap between Fayetteville PD Dispatch Center and AWIN Dinsmore site Two (2) CCGWs One (1) Tone Remote Adapter One (1) CSC MCC 7500E IP Dispatch Console Q Motorola Solutions confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1-1 The City of Fayetteville January 20, 2022 • Auxiliary Inputs / Outputs (Aux 1/0) • One (1) twelve (1 2)-port control station combiner with antennas and transmission line for nine (9) APX consolettes ■ One (1) Customer Enterprise Network (CEN) comprised of one (1) firewall and one (1) LAN switch - The CEN is the interface between the Radio Network infrastructure (RNI) / MCC 7500E dispatch console system and the customer's network where the IP logging recorder will reside. • Dual LAN Switches ■ Dual Site Routers • One (1) Duracomm Power Supply and Power Distribution Panel • One (1) USB External DVD Drive - For installing MCC 7540E application software on each dispatch position. ■ Eight (8) MCC 7500E Dispatch Positions - Z2 Mini CPU - Antivirus and Transparent Hardening Software - MCC 7500E Application Software 160 Radio Resource Capacity License ADP/AES/DES-OES Encryption Capability Enhanced Instant Recall Recorder (IRR) ♦ Includes external sound card and analog speakers - Seven (7)-Port USB Hub - Two (2) MSI Purpose -Built USB Speakers for Select and Unselect Audio - One (1) Gooseneck Microphone - One (1) Single Pedal Footswitch - Two (2) Headset Jacks - One (1) Audio Interface Module (AIM) • Spares - Console Peripherals ♦ One (1) Seven (7)-Port USB Hub ♦ One (1) USB External DVD Drive ♦ IRR: One (1) External Sound Card and One (1) Set of Analog Speakers ♦ Two (2) MSI Purpose -Built USB Speakers ♦ One (1) AIM ♦ One (1) Gooseneck Microphone ♦ One (1) Headset Jack ♦ One (1) Single Pedal Footswitch - One (1) Firewall - One (1) Router - One (1) Switch - One (1) Z2 Mini CPU - One (1) Secure AIS Voice Processing Module (VPM) - Two (2) Tone Remote Adapters One (1) CCGW One (1) SDM 3000 Remote Terminal Unit (Aux 1/0) One (1) Duracomm Power Supply and Power Distribution Panel MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page System Description 1-2 he City of Fayetteville January 20, 2022 The dispatch positions support commercially available accessories, including a microphone, headset, and footswitch, as shown in the figure titled "MCC 7500E Dispatch Position Components". THE MCC 7500E DISPATCH CONSOLE Desktop Speaker 0 Footswitch Module Figure 1-1-1: MCC 7500E Dispatch Position Components 1.4 MCC 7500E IP DISPATCH CONSOL 1.4.1 ;'ACC 7500E IP Console Subsystem The proposed components are connected together and to the rest of the ASTRO 25 system on an IP network through console site routers and switches. The console functions as an integrated component of the total radio system and fully participates in system -level features, such as end -to -end encryption and Agency Partitioning. Audio processing, encryption, and switching intelligence for the dispatcher are performed within each software - based dispatch position. Since the network is IP-based, system interfaces and components are distributed physically throughout the network. The subsections below describe each major component that make up the MCC 7500E dispatch console system. Audio Interface Module (AIM) The USS Audio Interface Module (AIM) acts as the interface between analog devices and the dispatch position and as a general purpose input/output module. The USB AIM supports audio routing between the dispatcher and Motorola Solutions standard peripherals. The USB AIM connects to the MCC 7500E dispatch position with a USB cable. Personal Computer (PC) The dispatch positions use a customized Motorola Solutions -certified PC that runs on a Microsoft Windows 10 operating system and contains a Motorola Solutions -designed voice card and a Motorola Solutions -designed secure card. The PC used for the MCC 7500E dispatch positions is the small form factor HP Z2 Mini. Enhanced Integrated Instant Recall Recorder (IRR) Enhanced IRR is seamlessly integrated within the dispatch position's software, allowing audio and call data from any radio or telephony resource to be recorded and easily played back. Call data includes PTT IDs, name of resource, start time and date, and stop time and date. Two analog inputs are available for use with recording audio from external devices. In MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1-3 V Motorola Solutions Confidential Restricted The City of Fayetteville January 20, 2022 support of this feature, Motorola Solutions has included an external sound card and analog speakers for each dispatch position. Conventional Site Controller (CSC) and Conventional Channel Gateways (CCGW) In the event a MCC 7500E dispatch position loses connectivity with the AWIN Master Site, the CSC along with two (2) CCGWs will allow dispatchers to access and change channels on trunked and conventional radio resources from the GUI. Each control station (i.e. APX consolette) will interface to a CCGW port, where audio is converted to IP for use by the dispatch positions. Auxiliary Inputs/Outputs (Aux 1/0) The proposed console supports Global Aux I/Os for remote status indications or remote control through dispatch positions. Global Aux I/Os are typically implemented by hardware that is independent of the dispatch positions in a system and may be accessible to multiple dispatch positions_ The Aux 1/0 server (i.e. SDM 3000 Remote Terminal Unit (RTU)) provides the Aux 1/0 feature for the consoles. Motorola Solutions is proposing one (1) SDM 3000 RTU. A single SDM 3000 RTU will support 16 relay outputs and 48 input buffers. Customer Enterprise Network (CEN) A firewall and switch are provided as the demarcation point between the customer's IP logging recorder and Fayetteville PD's MCC 7500E dispatch console system. The CEN uses Network Address Translation (NAT) for converting the IP address of the logging recorder between the CEN and dispatch LAN. Archiving Interface Server (AIS) One (1) AIS will interface with Fayetteville PD's existing 1P logging recorder. Motorola Solutions developed the AIS to provide the interface between the radio system and Fayetteville PD's IP logging recorder. The AIS will allow the user to specify which talkgroups and conventional channels to record. The AIS passes call control information and vocoded audio packets associated with radio calls to the recorder system over the LAN for storage and retrieval. The AIS will be the demarcation point between the customer's IP logging recorder and the MCC 7500E dispatch console system. 1.4.2 Dispatch Site Diagram The following diagram shows the interconnectivity of all system components that make up Fayetteville PD's MCC 7500E dispatch console system: MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1-4 The City of Fayetteville January 20, 2022 ■ �. i — — 1 - u.an+,Awrt n "Maii% ipww�g o�ttw�in iii���u c TRUNCA ` i _rrriwvw,�uen � i -- wnssrur�rNt-- 1 0 ww � Eh1�iP 4owfeo'�.e'i. P+'e�e[�ge C .Ki.�neE x.+n n,evv yew aw�.� •+4 ,. J I �" FI{7Fr'EW LE, AR P0 [lgi• M" CEKMR A �'~ F�IW wowA:xv i2i71�!%:Y�uK LoL����� F e �^ c ti 1 j Figure 1-2; Fayetteville PD MCC 7500E Dispatch Console System Block Diagram 1.5 MICROWAVE BACKHAUL 1.5.1 Aviat Microwave Backhaul Motorola Solutions in partnership with Aviat is providing an 11 GHz microwave hop between the Fayetteville PD Dispatch Center and the AWIN Dinsmore site. This microwave hop is essential for backhauling radio traffic from the Dispatch Center to AWIN's Master Site, in order to accomplish this, Aviat is proposing an Eclipse IRU600 11 GHz MHSB radio with up to 267 Mbps of throughput and sixteen (16) T1's using ACM. MCC 7500E IP Dispatch Console �) Motorola Solutions confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description f-5 The City of Fayetteville January 20, 2022 The microwave hop meets a two-way path reliability of 99.9999% at 155 Mbps by utilizing 3' RFS Category A dishes. The path model used in the Pathloss 5 calculations is Vigants- Barnett. The clearance criteria used to determine the dish heights is 0.3F1 @ K=0.66 and F1 @ K=1.33. The required dish centerline at the Fayetteville PD Dispatch Center is 30', while the Dinsmore site dish centerline is 100'. All dish centerlines are estimates only and based on USGS clutter data in Pathloss 5. The centerlines may need to be raised based on actual field path survey results. New waveguide, associated attachment hardware, and entry boots will be provided for both sites. A new dehydrator and manifold is provided at the Fayetteville PD Dispatch Center. The Dinsmore site will reuse the existing equipment. The microwave hop will interconnect with the existing Fayetteville microwave ring at the Dinsmore site and be managed by AWIN's ProVision system. The preliminary path studies below show excellent reliability between Fayetteville PD Dispatch Center and the Dinsmore site. 1650 1600 1550 1500 1450 1400 .9 1350 Lu 1300 1250 1200 Awat a DsMotorola - Fiatch O tines -All It 0 0.2 0.4 0.6 0.8 1.0 1 Path length (1.85 mi) Dispatch 1 Frequency (MHz) = 11200.0 Latitude 3605 14.52 N Main 1 K = 1.330 %F1 = 100.00 �y Figure 1-: Preliminary Path Study from Fayetteville PD Dispatch Center to Aw1N DinsmoreSite The site power plant for Fayetteville PD Dispatch Center consists of an Eltek Flatpack S redundant -48VDC charger and Enersys 10-year VRLA batteries. These chargers and batteries will be mounted in the microwave radio rack. The power calculations assume a 120 VAC customer -provided power source, an &hour battery backup time, and a 24-hour battery recharge time. The new equipment for the Dinsmore site will use the existing charger and battery plant. The tables below detail power loads based upon the new microwave equipment. MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page System Description 1-6 The City of Fayetteville January 20, 2022 IRU6Q0 �1 Standard Po*ef IRU600 4+0 Rptr Standard I EHP IRU6W 1+0 Rptr Stand2rd Power RAC 70 DAC iE V:3 DAC 1Gc or 1N1 le 'AL Additional Fgyi D$X-1 J uu 8 i d Load - - Ie'�ipliat s 110 N 194 W 126 W O-W OW 25 W I a 13W Yotal AMPS 0 48Vd-r-*[-` Y% Future 1°able 1-1: Fayetteville PD Dispatch Center Power Loading 1lAolule - Constun an IRU600 t -I Stafitl-atl:l Pvwei [low IRU600 1+1 High Power 115 W IRU600 1+0 Rptr Standard f EHP 194 W IRU600 1+0 Rptr Standard Power 120 W IRU600 1+0 Rptr High Power 12$ W RAC WE 12 W RAG 70 i3 W SAC GE V3 13 W DAC 16x 2.5 W AUX 1 W NPC B W INU or INUe 13 W TOTAL DSX-1 Jackfeid LarUS Loop SwitCh Total AMPS a 4$Vdc: alianJ -- -- low Bit W Table 1-2: AVVIN Dinsmore Site Power Loading MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restnetions on the cover page. Motorola Solutions Confidential RestrVed System Description 1-7 The City of Fayetteville January 20. 2022 1.6 1.7 AP.X° CONSOLETTE The APX consolette provides a low-cost, mid -power wireless dispatch solution as an ideal complement to a modern P25 dispatch center. Equipped with leading edge P25 Phase 2 TDMA technology and multi -band interoperability, the APX consolette can also be used as an emergency backup station when infrastructure is offline, or for wireless access to different system types for increased interoperability between agencies. APX Consolette The APX consolette's P25 operation and compatibility with legacy systems ensures that communications are clear, continuous, and coordinated across multiple users, agencies, and systems. The durable robust metal housing provides durability and allows for easy servicing, while the integrated front panel numeric keypad allows fast access to radio controls. In addition, optional features and benefits of the APX consolette include: ■ Optional Multi -Band Operation in One Radio — The APX consolette delivers the convenience of three radios in one while maintaining APCO TIA receiver specifications. With the APX consolette, personnel can use one radio to communicate and provide dispatch operations across multiple digital and analog networks that operate in any three of the following frequency bands: 700 MHz, 800 MHz, VHF, and UHF (R11R2). • Meets Radio Users' Needs — The APX consolette is compatible with the following optional advanced features and data applications: Programming over Project 25 (POP25), Text Messaging, Over the Air Rekeying (OTAR), and Enhanced Encryption Software Options. It is also capable of Extended Dispatch Operation including Emergency Alarm ACK Encode, Radio Inhibit/Uninhibit Encode, Radio Monitor Encode, Radio Check Encode, Status Query Encode, Status Query Response Decode, Status Update Decode, and Message Update Decode. Motorola Solutions is proposing nine (9) APX consolettes as a back means for communicating on the AWIN system in the event the MCC 7500E dispatch positions lose connectivity with the AWIN Master Site. The APX consolettes are configured to only support the 7001800 MHz frequency bands. One (1) twelve (12)-port control station combiner is included along with associated antennas and transmission line and will interface to the APX consolettes for wireless communication back into the AWIN system. KEY VARIABLE LOADER (KVL 5000) The KVL 5000 is a P25 communications encryption device that delivers greater flexibility for agencies to secure their radio channels, leading to less interruption in Fayetteville PD's workflow. As the only key loader that employs a hardware protected keystore, the KVL 5000 is used to generate, transport, and load encryption keys to secure user programming and critical information. The KVL's one -handed build features a sleek, responsive UI with quick staff for a more efficient key loading process. The KVL 5000 brings enhanced capabilities and greater performance to Fayetteville PD's operators with the following core features: • Purpose -Built MCC 7500E IP Dispatch Console Q Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1-8 The City of Fayetteville January 20, 2022 - Ruggedized design with IP54, MIL -STD certification for use in demanding environments. - Increased responsiveness and efficiency, with large, accessible touch display and quick startup for fast engagement. • Efficient Operation - Power saving operation to ensure the KVL 5000 is ready for use in emergency situations. - Battery power up to 10 hours of normal key load use. - Sleep, standby, and power -off modes available. • Compatibility - Key sharing and backwards compatibility with previous Motorola Solutions KVL models (KVL 4000 to KVL 5000, KVL :3000+ to KVL 5000). Built on the strong foundation of Motorola Solutions' KVL 4000, the KVL 5000 maintains feature parity by supporting- the following capabilities: • FIPS 140-2 Level 2 compliant. • Hardware protected keystore. • Auto and multiple keyload. Ability to keyload while KVL is charging (no minimum charge required). 4 Key generation. one (1) KVL 5000 is included in this proposal with the ability to add AES or ADP encryption to Fayetteville PD's MCC 7500 dispatch positions, AIS, and APX subscriber radios. 1.8 RACK DRAWINGS & POWER CALCULATIONS The following values reflect power and thermal requirements for the dispatch center equipment. Rack Device Q Factor Volts Arrips Arnp�, VA VA , Watt- Watts BJU 1111101 BTU Position MCC7500 8 0.95 120 1.7 13.6 204 1632 193.8 1550.4 661.4 5291. E PC (Z2 5 Mini G5) Position Audio 8 0.95 120 0.05 0.4 6 48 5.7 45.6 19.5 155.6 Interface Module Position USB Hub 8 0.95 120 0.05 0.4 6 48 5.7 45.6 19.S 155.6 Position Monitor 8 0.95 120 0.2 1.6 24 192 22.8 182.4 77.8 622.5 Estimate Position Total 16 1824 6225. 31 Position Site SRX345 2 0.95 120 1.4 2.8 168 336 159.6 319.2 544.7 1089. 4 Network Site Gateway MCC 7500E IP Dispatch Console Q Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1-9 The City of Fayetteville January 20, 2022 • vvr Factor AC Volts Unit Amps Total A m Ip s Unit VA Total VA Unit VVatts Total Watts Unit Total Site 2930-24 2 0.951 1201 0.6 1.2 1 72 144 68.4 136.8 233.4 466.9 Network Site Switch Site GCP8000 1 0.95 120 0.4 0.4 48 48 45.6 45.6 155.6 155.6 Network CSC Site AIS (PC) 1 0.95 120 1.7 1.7 204 qO4193.8 193.8 661.4 661.4 Network Site AIS VPM 1 0.95 120 0.4 0.4 48 48 45.6 45.6 155.6 155.6 Network Site Juniper 1 0.95 120 1.4 1.4 168 168 159.6 159.6 544.7 544.7 Network Firewall Site CEN 1 0.95 120 0.6 0.6 72 72 68.4 68.4 233.4 233.4 Network Switch Site SDM 1 0.95 120 0.2 0.2 24 24 20 20 68.3 68.3 Network 3000 RTU (Auxl/0) Site Total 10.4 1182.8 4036. Network Rack 9 Consolet APX 9 0.95 120 0.3 2.7 36 324 35 315 119.4 1075. to Consolett 55 1 e Consolet GGM800 2 0.95 120 0.4 0.8 48 96 45.6 91.2 155.6 311.3 to 0 CCGW- HD Consolet Total - 3.5 406.2 1386, to Rack 4 NOTE Power related to additional expansion is NOT included. The racks at the Fayetteville PD Dispatch Center will be configured as shown in Figure 1-5 below. MCC 7500E IP Dispatch Console Q Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subled to the restrictions on the cover page. System Description 1-10 The City of Fayetteville January 20, 2022 -- cm - psu µLe►reuS :vsut Sfr C/Y� alaA It i 11 E L e �Csovr i vt V" am CSC c0%'titOt slats*% { I t CC EAIf4f iDk �fJrTlt I iihf�llgtY lfOrl] 11 -- ate 1 _- Ah C1)uSO1iSTt is VW x G4►6SCWlt N —tu Aftr�ftW rrrt M. ►i t LO+�SOi['?t 0 CnMii?L[ni� GGMrs+GAlLYB T" Ex1 "A 120VAC TPwo&f/ Wi IQ* S4 is! i" SiOvAC S+x Fi} — L24V4C Twat Loa cads 1210YAC CWC Ma GrtuRi ewcwtb Notes: [)L art'? shows expeded equipment at uite, fma) rack layout ftlsy differ I[YOM dQ9rarn [h rorr does M1Ot S"w cqu:iprftnt ir*erconnectiorti Figure 1-5: Fayetteville PD Dispatch Center Rack Diagram ASSUMPTIONS This proposal is based on the following list of assumptions: Fayetteville PD will be responsible for providing the monitors for each dispatch position. Fayetteville PD will be responsible for providing the headset tops and bottoms for each dispatcher. • Fayetteville PD and their IP logging recorder vendor are responsible for connectivity to the CEN switch. The CEN switch is Motorola Solution's demarcation point. The IP WE tt[tw6as j MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. L;,y Motorola Solutions Confidential Restricted System Description 1-11 The City of Fayetteville January 20, 2022 logging recorder vendor will be responsible for providing Ethernet connectivity from the CEN switch to their logging recorder. The environmental conditions (heating, cooling, humidity, etc.) inside the Dispatch Center equipment room must meet Motorola Solutions' requirements and equipment specifications. All site locations will have sufficient space and power available to support the proposed equipment as required by Motorola Solutions' R56 standards. Fayetteville PD will provide all dispatch fumiture. MCC 7500E IP Dispatch Console aMotorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. System Description 1-12 The City of Fayetteville January 20, 2022 EQUIPMENT LIST - SUB SYS BLOCK NOMENCLATUREQTY • 1 MASTER SITE LICENSE SQMOISUM0273 MASTER SITE CONFIGURATION 1 MASTER SITE LICENSE CA02629AD ADD: EXPAND 7.18 M CORE 2 MASTER SITE LICENSE UA00156AA ADD: MCC7500 CONSOLE LICENSES (QTY 5) 1 MASTER SITE LICENSE CA01316AA ADD: UNC ADDTL DEVICE LIC (QTY 10) 1 MCC 7500E SOFTWARE B1949 MCC 7500E SOFTWARE DVD 1 MCC 7500E UP—POS_LIC B1948 MCC 7500E DISPATCH POSITION LICENSES 8 MCC 7500E OP_POS_LIC UA00653AA ADD: BASIC CONSOLE OPERATION 8 MCC 7500E OP_POS_LIC UA00654AA ADD: ASTRO 25 TRUNKING OPERATION 8 MCC 7500£ OP POS_LIC UA00652AA ADD: 160 RADIO RESOURCES LICENSE 8 MCC 7500E OP_POS_LIC UA00655AA ADD: ADVANCED CONVENTIONAL OPERATION 8 MCC 7500E OP_POS_LIC UA00658AA ADD: SECURE OPERATION 8 MCC 7500E OP_POS_LIC UA00659AA ADD: ADP/AES/DES-OFB ENCRYPTION 8 MCC 7500E OP_POS_LIC UA00661AA ADD: ENHANCED IRR 8 MCC 7500E OP_POS TT3903A Z2 G5 MINI WORKSTATION NON RETURNABLE 8 MCC 7500E OP_POS DSY7B61AA HP Z2 MINI ARM WALL VESA MOUNT 8 MCC 7500E OP_POS T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG 8 MCC 7500E OP_POS T8741 MCAFEE FOR WINDOWS CLIENT, A7.18 8 MCC 7500E OP_POS DSU5B31000S STARTECH USB 3.0 TO GIGABIT ETHERNET ADAPTER 8 MCC 7500E OP_POS DSST730003M STARTECH 7 PORT USB 3.0 HUB 1 MCC 7500E OP_POS DSF2B56AA USB EXTERNAL DVD DRIVE 8 MCC 7500E IRR DSICUSBAUD107D STARTECH 7.1 USB AUDIO ADAPTER SOUND CARD 8 MCC 7500E IRR DSLOGITECHZ130 LOGITECH Z130 SPEAKERS 16 MCC 7500E OP_POS B1952 SPEAKER, DESKTOP, USB 16 MCC 75001 OP_POS CA03405AA ADD: POWER SUPPLY WITH DC CORD 16 MCC 7500E OP_POS CA03406AA ADD: AC LINE CORD, NORTH AMERICA 16 MCC 7500E OP_POS CA03413AA ADD: USB CABLE, TYPE A TO TYPE C, 4.5 M MCC 7500E IP Dispatch Console QMolorula Solutions Confidential Restricted Use or disclosure of this Proposal is subject to the restrictions on the cover page. Equipment List 2-1 The City of Fayetteville January 20, 2022 8 MCC 7500E OP_POS B1941 USB AUDIO INTERFACE MODULE 8 MCC 7500E OP_POS 81914 MCC SERIES DESKTOP GOOSENECK MICROPHONE 16 MCC 7500E OP_POS B1913 MCC SERIES HEADSET JACK 8 MCC 7500E OP_POS DS632SC36100199 LINEMASTER SINGLE PEDAL FOOTSWITCH MODEL 632-SC36 2 MCC 7500E ROUTER ITR492 SITE ROUTER & FIREWALL-AC 2 MCC 7500E ROUTER CA0344SAA ADD: MISSION CRITICAL HARDENING 2 MCC 7500E ROUTER CA0344SAA ADD: STATEFUL FIREWALL 2 MCC 7500E Tl ROUTER SQM01SUM0205 GGM 8000 GATEWAY 2 MCC 7500E Tl_ROUTER CA0210SAA ADD: DIRECT SHIP (NO STAGING) 2 MCC 7500E T3 ROUTER CA01616AA ADD: AC POWER 2 MCC 7500E Tl_ROUTER CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY 2 MCC 7500E SWITCH CLN1868 2930F 24-PORT SWITCH 2 MCC 7500E SWITCH CLN1866 FRU: 1M DAC CABLE 1 MCC 7500E FIREWALL T8639 JUNIPER FIREWALL APPLIANCE 1 MCC 7500E FIREWALL T8669 CONTROL ROOM FIREWALL OS 1 MCC 7500E CEN SW CLN1868 2930F 24-PORT SWITCH 1 MCC 7500E CEN SW CLN1866 FRU: IM DAC CABLE 1 MCC 7500E CSC T7038 GCP 8000 SITE CONTROLLER 1 MCC 7500E CSC CA00718AA ADD: ASTRO SYSTEM RELEASE 7.18 1 MCC 7500E CSC CA00303AA ADD: CITY (1) SITE CONTROLLER 1 MCC 7500E CSC CA01136AA MCC 7500 CONVEN SITE OPER 1 MCC 7500E CSC X153AW ADD: RACK MOUNT HARDWARE 2 MCC 7500E CCGW SQMOISUM0205 GGM 8000 GATEWAY 2 MCC 7500E CCGW CA02108AA ADD: DIRECT SHIP (NO STAGING) 2 MCC 7500E CCGW CA01616AA ADD: AC POWER 2 MCC 7500E CCGW CA02096AA ADD: HIGH DENSITY ENH CONV GATEWAY 1 MCC 7500E TRA DQRC223C8 TONE REMOTE ADAPTER 1 MCC 7500E AUX_1O F4543 SITE MANAGER BASIC 1 MCC 7500E AUX_IO VA00874 ADD: AUX 1-0 SERV FW CURR ASTRO REL 1 MCC 7500E AUX_10 V266 ADD: 90VAC TO 260VAC PS TO SM 3 MCC 7500E AUX_1O V592 AAD TERM BLCK & CONN WI 1 MCC 7500E AUX_1O 6406066M02 PANEL PUNCH BLOCK MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted Use or disclosure of this Proposal is subject to the restrictions on the cover page. Equipment List 2-2 The City of Fayetteville January 20, 2022 1 MCC 7500E KVM_SW DSCS1316ATENKVM ATEN 16 PORT PS/2-USB ICVM SWITCH 1 MCC 7500E AIS B1905 ASTRO 25 SOFTWARE 1 MCC 7500E AIS 61933 A VOICE PROCESSOR AIS CA00288AB 7500 ARCHIVING INTERFACE 1 MCC 7500E MLAI FTWARE LICENSE 1 MCC 7500E AIS CA00147AF 7500 SECURE OPERATION1 MCC 7500E AIS CA00245AA ALGORITHM1 MCC 7500E AIS CAD0182AB ALGORITHM 1 MCC 7500E AIS CA00140AA ADD: AC LINE CORD, NORTH AMERICAN 1 MCC 7500E AIS TKN8531C CABLE FOR RNC, DIU MGEG 1 MCC 7500E AIS TT3903A Z2 G5 MINI WORKSTATION NON RETURNABLE AIS T7449 WINDOWS SUPPLEMENTAL TRANS 1 MCC 7500E CON -FIG T8741 MCAFEE FOR WINDOWS CLIENT, A7.18 1 MCC 7500E AIS 3 MCC 7500E RACK 0787871048 RACK RELAY 5 MCC 7500E RACK DS12337719 FIXED ELF ELATED, 1 INW X 3.51NH X 18IND 2 MCC 7500E SURGE DSCPX1101985 SPD, RJ-45 CONNECTED (16) LINE GIGE PROTECTION ETHERNET, 11VPL ON ALL PINS 1 MCC 7500E POWER DSRLP8012 POWER SUPPLY, DURACOMM RACK MT 80A/12-15V RLP-8012 1 MCC 7500E POWER DSDP20ATC2JC12 POWER DISTRIBUTION PANEL 150 AMP 12VDC 15 MCC 7500E POWER 6500139768 FUSE AUTO BLADE TYPE15AMP 32V 1 SPARES OP_POS DSST730003M STARTECH 7 PORT USB 3.0 HUB 1 SPARES OP POS DSF21356AA USB EXTERNAL DVD DRIVE IRR DSICUSBAUD107D STARTECH 7.1 USB AUDIO ADAPTER 1 SPARES SOUND CARD 1 SPARES IRR DSLOGITECHZ130 LOGITECH Z130 SPEAKERS 2 SPARES �OP—POS81952 SPEAKER, DESKTOP, USB MCC 7500E IP Dispatch Console Q Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 2-3 The City of Fayetteville January 20, 2022 OTY 2 SUBSYS SPARES BLOCK• OP POS ICA03405AA DESCRIPTION ADD: POWER SUPPLY WITH DC CORD 2 2 SPARES SPARES OP POS OP_POS CA03406AA CA03413AA ADD: AC LINE CORD, NORTH AMERICA ADD: USB CABLE, TYPE A TO TYPE C, 4.5M 1 SPARES OP_POS B1941 US13AUDIO INTERFACE MODULE 1 SPARES OP_POS B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE 1 SPARES OP POS B1913 MCC SERIES HEADSET JACK 1 SPARES OP_POS DS632SC36100199 LINEMASTER SINGLE PEDAL FOOTSW ITCH MODEL 632-SC36 1 SPARES FIREWALL T8639 JUNIPER FIREWALL APPLIANCE 1 1 SPARES SPARES FIREWALL POWER T8669 DSRLP8012 CONTROL ROOM FIREWALL OS POWER SUPPLY, DURACOMM RACK MT 8OA/12-15V RLP-8012 1 SPARES POWER DSDP20ATC2JC12 POWER DISTRIBUTION PANEL 150 AMP 12VDC 1 SPARES AIS B1934 MCC 7500 VOICE PROCESSOR MODULE FRU 1 SPARES AIS CA00147AF ADD: MCC 7500 SECURE OPERATION 1 SPARES AIS CA00245AA ADD: ADP ALGORITHM 1 SPARES 1 SPARES AIS PC CA00182AB TT3903A ADD: AES ALGORITHM Z2 G5 MINI WORKSTATION NON RETURNABLE 1 SPARES ROUTER T8492 SITE ROUTER & FIREWALL-AC 1 SPARES ROUTER CA03445AA ADD: MISSION CRITICAL HARDENING 1 SPARES ROUTER CA03448AA ADD: STATEFUL FIREWALL 1 SPARES SWITCH CLN1868 2930F 24-PORT SWITCH 1 SPARES SWITCH CLN1866 FRU: 1M DAC CABLE 1 SPARES CCGW SQMOISUM0205 GGM 8000 GATEWAY 1 SPARES CCGW CA02108AA ADD: DIRECT SHIP (NO STAGING) 1 SPARES CCGW CA01616AA ADD: AC POWER 1 SPARES CCGW CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY 2 SPARES TRA DQRC223C8 TONE REMOTE ADAPTER 1 SPARES AUX_IO F4543 SITE MANAGER BASIC 1 SPARES AUX_1O VA00874 ADD: AUX 1-0 SERV FW CURR ASTRO REL 1 SPARES AUX 10 V266 ADD: 90VAC TO 260VAC PS TO SM 3 SPARES AUX 10 V592 AAD TERM BLCK & CONN WI MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 2-4 The City of Fayetteville January20, 2022 • 1 SPARES AUX_10 KVLS000 6406066M02 T8476B PANEL PUNCH BLOCK KVL5000 1 KVL5000 1 KVL 5000 KVL 5000 CA00182AW ADD: AES ENCRYPTION SOFTWARE 1 KVL 5000 KVL 5000 CA03358AA ADD: ASTRO 25 MODE 1 KVL 5000 KVL 5000 CA03461AA ADD: NORTH AMERICA MICRO USB KVL 5000 CA00243AJ CHARGER 100/240V ADD: ADP PRIVACY 1 KVL 5000 1 KVL 5UUU KVL 5000 DQUUSBOTG STARTECH.COM SIN MICRO USB TO USB OTG HOST ADAPTER M/F - USB ADAPTER 1 KVL 5000 KVL 5000 HKN6182B CABLE KEYLOADING ADAPTER CGAI 1 KVL 5000 KVL 5000 W PLN6904A KEYLOAD CABLE FOR APX7000 9 CONSOLETTE APX75GOCO L37TSS9PW1 N ALL BAND CONSOLETTE N APX750000 GA05508 DEL: DELETE VHF BAND 9 CONSOLETTE N 9 CONSOLETTE APX750000 GA05509 DEL: DELETE UHF BAND N APX750000 G806 ENH: ASTRO DIGITAL CAI OP APX 9 CONSOLETTE N 9 CONSOLETTE APX750000 G51 ENH: SMARTZONE OPERATION APX N APX750000 N G361 ENH: P25 TRUNKING SOFTWARE APX 9 CONSOLETTE 9 CONSOLETTE APX750000 GA00580 ADD: TDMA OPERATION APX IN 9 CONSOLETTE APX750000 G843 ADD: AES ENCRYPTION APX AND ADP N APX750000 W969 _ ADD: MULTIPLE KEY ENCRYPTION 9 CONSOLETTE N OPERATION 9 CONSOLETTE APX750000 L999 ADD: FULL FP N APX750000 W382 W/E5/KEYPAD/CLOCK/VU ADD: CONTROL STATION DESK GCAI 9 CONSOLETTE N MIC 9 CONSOLETTE APX750000 CA01598 ADD: AC LINE CORD US N 9 CONSOLETTE APX750000 G78 ADD: 3Y ESSENTIAL SERVICE N 9 CONSOLETTE APX750000 HKN6233C APX CONSOLETTE RACK MOUNT KIT N 1 CONSOLETTE APX750000 HKN6184C CABLE CH, PROGRAMMING,USB N MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page Q Motorola solutions Confidential Restricted Equipment List 2-5 The City of Fayetteville January 20, 2022 QTYSUB SYS BLOCK• • 1 CONSOLETTE ANTASMBLY DS4383GOIA12 CONTROL STATION COMBINER, STANDARD, 746-869 MHZ, 12 CHANNEL 2 CONSOLETTE ANTASMBLY DSMFBW7463 WIDEBAND FIBERGLASS OMNI ANTENNA 746-869 NFM BULKHEAD 2 CONSOLETTE ANTASMBLY DSMMKI2 ANTENNA MOUNTING BRACKET 2 CONSOLETTE ANTASMBLY DSNMA012506 N MALE FOR 1/2 CABLE (USE WITH CT01250A10-2) 300 CONSOLETTE ANTASMBLY DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50OHM,BLACK POLYETHYLENE JCKT PER FT 2 CONSOLETTE ANTASMBLY DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01250A10-2) 6 CONSOLETTE ANTASMBLY DSGKS12AC GK-S12AC, STD GROUND KIT FOR 1/2" AIRCELL COAX 4 CONSOLETTE ANTASMBLY DSWKU WK-U, UNIVERSAL WEATHERPROOFING KIT 2 CONSOLETTE ANTASMBLY DSISB50LNC2 RF SPD, 10-1000MHZ DC BLOCK BROADBAND BULKHEAD MT, NFANT, NF EQUIP 2 CONSOLETTE ANTASMBLY DSNMP01250PIM N MALE, PLENUM & IN -CONDUIT FOR 1/2" CABLE, OPTIMIZED FOR PIM 300 CONSOLETTE ANTASMBLY DSAC012JSO 1/2 IN -CONDUIT, 50 OHM, CORRUGATED, BLACK POLYETHYLENE JACKET 20 CONSOLETTE ANTASMBLY DSNMPRO1250PIM N MALE RIGHT ANGLE, PLENUM & IN - CONDUIT FOR 1/2" CABLE 1 MICROWAVE AVIAT DQMWFMILLE0305 AVIAT MW, DISPATCH TO L23 21 DINSMORE MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restrocled Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 2-6 The City of Fayettevifie January 20, 2022 STATEMENT OF WORK Motorola Solutions is proposing to the The City of Fayetteville Police Department (Fayefiteville PD) the installation and configuration of the following equipment at the specified locations. Fayetteville New PD Eight (8) MCC7600E Consoles, one (1) AIS Server, nine (9) APX Dispatch Consolettes, one (1)Conventional Site Controller, three (3) TRCS and one (1) AvIAT PTP Link The document delineates the general responsibilities between Motorola Solutions and The City of Fayetteville as agreed to by contract. 3.1 IMPLEMENTATION SOW Execute contract and distribute contract documents. X X Furnish a performance bond in the full amount of the contract price as security for the faithful performance of X Motorola Solutions' contractual obligations. Assign a Project Manager as a single point of contact. X X Assign resources. X X uSchedule project kickoff meeting. X X Deliverable: Signed contract, defined project team, and scheduled project kickoff meeting. Ensure that project team members attend all meetings X X relevant to their role on the project. Set up the project in the Motorola Solutions information X system. Motorola and Fayetteville will conduct weekly project status meetings. The meetings will be attended by the X X Motorola Project team. Record the meeting minutes and distribute project status X meeting minutes. Maintain responsibility for third -party services contracted X MCC 7500E IP Dispatch Console Use or disclsure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Statement of Work 3-7 The City of Fayetteville January 20, 2022 by Complete assigned project tasks according to the project + X X schedule. Submit project milestone completion documents. I x Upon completion of tasks, approve project milestone X completion documents. Conduct all project work Monday thru Friday, 7:30 a.m. to x 5:00 p.m.). Deliverable: Completed and approved project milestones throughout the project. Introduce team, review roles, and decision authority. X x Ensure key project participants attending the meeting. ' X X Introduce all project participants attend the meeting. I x I X Review the roles of the project participants to identify communication flows and decision -making authority x between project participants. Review the overall project scope and objectives with the X City of Fayetteville, AR. Review the resource and scheduling requirements with X the City of Fayetteville, AR. Review the Project Schedule with the City of Fayetteville, X AR to address upcoming milestones and/or events. Review the team' interactions (Motorola and Fayetteville) meetings, reports, milestone acceptance, and the City of X Fayetteville's participation in particular phases. Schedule Design Review. f X i X Deliverable: Project kickoff meeting completed. Meeting notes identify the next action items Meet with the City of Fayetteville, AR project team The City of Fayetteville's key project team participants attend the meeting. Review Fayetteville's operational requirements and the impact of those requirements on various equipment configurations. Establish a defined baseline for the system design and identify any special product requirements and their impact on system implementation. Review and update design documents, including System Description, Statement of Work, Project Schedule, and MCC 7500E IP Dispatch Console X X x I x P X Use or disclosure of this proposal is subject to the restrictions on the cover page. QMotorola Solutions Confidential Restricted Statement of Work 3-8 The City of Fayetteville January 20, 2022 Acceptance Test Plan, based on Design Review X � agreements. Make timely decisions according to the Project Schedule. X Present installation plan. X Present preliminary cutover plan and methods to I X document final cutover process. Submit design documents to the City of Fayetteville, AR for approval. These documents form the basis of the X system. which Motorola will manufacture, assemble, stage and install. Prepare equiprrient layout plans for staging or field. { X { Present configuration and details of sites required by system design. Validate that Fayetteville sites can accommodate proposed equipment. Provide approvals required to add equipment to proposed existing sites. Review safety, security, and site access procedures. I Provide backhaul performance specifications and demarcation points. UP X I X X X X Provide information on existing system interfaces. X Provide frequency and radio information for each site. X Assume responsibility for providing all information X necessary for complete installation. Complete the required forms required for frequency X coordination and licensing. Ensure that frequency availability and licensing meet project requirements, and pay licensing and frequency X coordination fees. Provide minimum acceptable performance specifications for customer provided hardware, software, LAN, WAN and X internet connectivity. Execute Change Order in accordance with all material X changes to the Contract resulting from the Design Review. Deliverable: Complete Design Documentation, which may include updated System Description, Equipment List, System Drawings, or other documents applicable to the project. Deliverable: Finalized design documentation based upon "frozen" design, :along with any relevant Change Order documentation. STEM INSTALLATION MCC 7500E IP Dispatch Console Use or disclosure of this vroposal is subiect to the restrictions on the cover page Q Motorola Solutions Confidential Restricted Statement of Work 3-9 The City of Fayetteville January 20, 2022 Tasks Motorola SOILitions General Facility Improvements Provide adequate HVAC, grounding, lighting, cable routing, and surge protection based upon Motorola Solutions' Standards and Guidelines for Communication X Sites R56 Ensure the resolution of environmental and hazardous material issues at each site including, but not limited to, asbestos, structural integrity (tower, rooftop, water tank, X etc.), and other building risks. Ensure that electrical service will accommodate installation of system equipment, including isolation transformers, circuit breakers, surge protectors, and X cabling. Provide obstruction -free area for the cable run between the demarcation point ands stem equipment. X Provide structure penetrations (wall or roof) for transmission equipment (e.g. antennas, microwave radios, X etc.). Supply interior building cable trays, raceways, conduits, and wire supports. X Pay for usage costs of power and generator fueling, both during the construction and installation effort, and on an X on oin basis. Provide one-time mobilization of construction crews. X Deliverable: Sites meet physical requirements for equipment installation. EquipmentOrder Validate Equipment List by checking for valid model numbers, versions, compatible options to main equipment, X and delivery data. Enter order into Motorola's Customer Order Fulfillment (COF) system and reconcile to contract. X Create Ship Views, to confirm with the City of Fayetteville, AR the secure storage location(s) to which the equipment will ship. Ship Views are the mailing labels that carry complete equipment shipping information, which direct the X timing, method of shipment, and ship path for ultimate destination receipt. Create equipment order and reconcile to contract. X Procure non -Motorola Solutions equipment necessary for the system. X Manufacture the Fixed Network Equipment (FNE) necessary for the system based on equipment order. X Approve shipping location(s). X Deliverable: Equipment procured and ready for shipment. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Statement of Work 3-10 The City of Fayetteville January 20, 2022 Deliverable: System staged and ready for shipment. Provide climate controlled equipment storage. X Pack and ship solution equipment to the identified, or site X locations. Receive solution equipment. X Inventory solution equipment. 1 X Deliverable; volution equipment received at id ready for installation nate the audio outputs for the logged talkgroups into IY recorder Configure audible alarms associated with SDM 3000 Aux I/Os _ Relocate the existing satellite phone Deliver solution equipment to identified locations. Coordinate receipt of and inventory solution equipment with designated contact. Install all proposed fixed equipment as outlined in the System Description based upon the agreed -upon floor plans, connecting audio, control, and radio transmission cables to connect equipment to the power panels or receptacles, and audio/control line connection points. Installation performed in accordance with R56 standards and state/local codes. (see per site detail). Provide system interconnections that are not specifically outlined in the system design, including dedicated phone circuits, microwave links, or other types of connectivity if required. Install and terminate all network cables between site routers and network demarcation points, including microwave, leased lines, and Ethernet (see per site detail). Ensure that Type 1 and Type 2 AC suppression is installed to protect installed equipment. Connect installed equipment to the provided ground system. Label equipment, racks, and cables. Perform preliminary audit of installed equipment to ensure compliance with requirements and R56 standards, Note any required changes to the installation for inclusion in the "as -built" system documentation. MCC 7500E IP Dispatch Console QMotorola Solutions Confidential Restricted ►1 Y X X X X X X X Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 3-11 The City of Fayetteville Remove, transport, and dispose of identified old Console equipment if any X Perform console programming and configuration, based on the console templates designed during the X fleetmapping process. MCC 7500E lP Drspatct+ Console QMotorola SOIUA rs Confidential Re strrcred Use or disclosure of this proposal is subjecl to the restrictions on the cover page. Statement of Work 3-12 The City of Fayetteville January 20, 2022 Provide required radio ID and alias information to enable X alias database setup for interface to consoles. Install One (1) Aviat 11GHz Microwave Radio with DC Battery Plant with associated waveguide and microwave X dish; provide microwave dish mounts Verify site link performance, prior to the interconnection of X the solution equipment to the link equipment• Provide a sufficient rooftop structure able to support the X microwave dish and also provide an unobstructed line of sight - : Provide all required pathways and ceiling/wall ports to X allow proper routing of microwave waveguide. r,__ur; v Alm s,.,fjgi.tratjo% Install One (1) Archiving Interface Server to provide the interface between the radio system and Fayetteville's X existing recording system. Deliverable: Equipment installed. Deliverable- ASTRO 25 core and remote site equipment installation completed. Schedule required meeting(s) with the appropriate X X Fayetteville representative(s)Iagency (ies). Meet with Fayetteville's user groups. _ X ils on th Provide detae features and functionality of the X Motorola equipmentisystem. Work with the City of Fayetteville to develop and obtain approval of up to three (3) templates for the system. Templates will reflect agencies of the City's choosing. Any changes requested by Fayetteville after approval of template definitions will require updating the contract documents accordingly. Program the approved templates into consoles and consolettes; three (3) example templates are listed below. One (1) template for Dispatch Operators One (1) template for Supervisors One (1) template for Police Department Evaluate sample radios and provide feedback. Approve templates. X R X Deliverable: Fleetmap plan completed and approved by Customer. Test features and functionalities of the approved subscriber templates. MCC 7500E IP Dispatch Console Q Motorola Solutions Confidential Restricted X X X Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 3-13 The City of Fayetteville January 20, 2022 Tasks Motorola Solutionsof Program and configure Consolettes identified in the equipment list in accordance with the programming templates and fleetmap. A "one-time only" programming is X included in the project pricing. Install the antennas on the roof, where practical, on the new antenna installations. If consolette antenna cannot be X installed on the roof, determine an alternative location. Provide a sufficient rooftop structure for control station antennas. X Provide all required pathways and ceiling/wall ports to allow control station and lines routing. X Deliverable: Control Station Radios installed and accepted ,tea YOM- R56 Site Audit for Existing Sites Perform R56 site -installation quality -audits, verifying X proper physical installation and operational configurations. Create site evaluation report to verify site meets or exceeds requirements, as defined in Motorola Solutions' X R56 Standards and Guidelines for Communication Sites. Deliverable: R5.6 Standards and Guidelines for Communication Sites audits completed successfully. SolutionOptimization Verify that all equipment is operating properly and that all electrical and signal levels are set accurately. Verify that all audio and data levels are at factory settings. X Verify communication interfaces between devices for proper operation. X Ensure that functionality meets manufacturers' specifications and complies with the final configuration X established during design review or system staging. Deliverable: Completion of System Optimization. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. QMotorola Solutions Confidential Restricted Statement of Work 3-14 The City of Fayetteville January 20, 2022 Verify the operational functionality and features of the solution supplied by Motorola Solutions, as contracted. Witness the functional testing. x Document all issues that arise during the acceptance x x tests. If any major task for the system as contractually described fails during the Customer acceptance testing or beneficial use, Motorola will create a Punchlist, and repeat that x particular task after Motorola Solutions determines that Corrective action has been taken - Resolve any minor task failures before Final System x Acceptance. Document the results of the acceptance tests and present v for review. Review and approve `in ial acceptance test results. x -If-any-major-task -as-contractually-described-fails,-repeat that particular task after Motorola Solutions determines x that corrective action has been taken. Document all issues that arise during the acceptance x tests. Document the results of the acceptance tests and present x to the Customer for review. Resolve any minor task failures before Final System x Acceptance. Deliverable: Completion of functional testing and approval by Customer. Deliverable: Training coursework completed. Finalize Cutover Plan. Provide Motorola Solutions with user radio information for input into the system database and activation, as required Provide programming of user radios and related services (i.e. template building, re -tuning, testing and installations), as needed, during cutover period. Conduct cutover meeting with relevant personnel to address both how to mitigate technical and communication problem impacts to the users during cutover and during the general operation of the system. Notify the personnel affected by the cutover of the date and time planned for cutover. Provide ongoing communication with users regarding the project and schedule. MCC 7500E IP Dispatch Console x x x x x Use or disclosure of this proposal is subject to the restrictions on the cover page. trW Motorola Solutions Confidential Restricted Statement of Work 3-15 The City of Fayetteville January 20, 2022 Cut over users and ensure that user radios are operating on system. X X Resolve punchlist items, documented during the Acceptance Testing phase, in order to meet all the criteria for final system acceptance. Assist Motorola Solutions with resolution of identified punchlist items by providing support, such as access to X the sites, equipment and system, and approval of the resolved punchlist items. Deliverable: Migration to new system completed, and punchlist items resolved. Review the items necessary for transitioning the project to warranty support and service. Motorola Solutions to provide services during year 1 warranty which align with the proposed services. X Provide a Customer Support Plan detailing the warranty support associated with the contract equipment. X Participate in the Transition Service/Project Transition Certificate (PTC) process. X Deliverable: Service information delivered and approved by Customer M Provide manufacturer's installation material, part list and other related material to Customer upon project completion. Provide an electronic as -built system manual on CD or other Customer preferred electronic media. The documentation will include the following: - Site Block Diagrams. - Site Floor Plans. - Site Equipment Rack Configurations. - Site design Tower and/or Building drawings/ site design 'as builts', as applicable. - Antenna Network Drawings for RF Sites. - ATP Test Checklists. - Functional Acceptance Test Plan Test Sheets and Results. - Equipment Inventory List. - Console Programming Template (where applicable). - Maintenance Manuals (where applicable). - Technical Service Manuals (where applicable)- - Drawings will be delivered in Adobe PDF format. Receive and approve documentation. Execute Final Project Acceptance. X X U Deliverable: All required documents are provided and approved. Final Project Acceptance. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Statement of Work 3-16 The City of Fayetteville January 20, 2022 3.2 CIVIL STATEMENT OF WORK Motorola site Design team eager to work with Fayetteville PD building Architecture team, upon receiving the preliminary building footprint design, Motorola site team can assist designing the Antenna and Dish Mounting fixtures. 3.2.1 Site Development at Dinsmore Site Site Scope Summary Engineering services for site drawings and regulatory approvals — Included. • Site acquisition services — Not included. • Zoning Services — Not included. • Existing tower to be used for Microwave Dish Install. Site En ineerin • Prepare site construction drawings, showing the layout of various new and existing site components. • Conduct site walks to collect pertinent information from the sites (e.g., location of Telco, power, oxisting Facilities stc.). ■ Prepare a lease exhibit and sketch of the site to communicate to the property owner the proposed lease space and planned development at the particular site location. • Prepare record drawings of the site showing the as -built infutruatiun. • Perform National Environmental Policy Act (NEPA) Threshold Screening, including limited literature and records search and brief reporting, as necessary to identify sensitive natural and cultural features referenced in 47 Code of Federal Reguiations (CFR) Chapter 1, subsection 1.1307 that may be potentially impacted by the proposed construction activity. This does not include the additional field investigations to document site conditions if it is determined that the proposed communication facility "may have a significant environmental impact" and thus require additional documentation, submittals, or work. ■ Provide a structural engineering analysis for antenna support structure, if necessary, to support the proposed antenna system If the tower structure fails the analysis, the cost of -- any site relocation or modifications to the tower required to support the antenna system will be the responsibility of City of Fayetteville, Arkansas. ■ Provide tower climbing and tower mapping services for towers up to 350 feet to collect information about structural members and existing equipment. a Perform a site visit to inventory the latest existing tower loading and appurtenances. • Preparation, submission and tracking of application for local permit fees (zoning, electrical, building etc.) and procurement of information necessary for filing. Site Preparation • Provide one-time mobilization costs for the construction crews. Any remobilization due to interruptions/delays that are out of Motorola's control will result in additional costs. Customer Responsibilities: • Approval from the tower owner for the use of the tower for RF antennas and lines as well as microwave dishes and waveguide. As well the approval to locate the new microwave equipment in the RF shelter and support by the existing generator. • Motorola has not included any UPS, Generator or DC or electrical as a part of this quote. MCC 7500E IP Dispatch Console fl Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 3-17 The City of Fayetteville January 20, 2022 3.3 AVIAT MICROWAVE STATEMENT OF WORK 3.3.1 Overview The path calculations and digitized path profiles performed yield a design that meets or exceeds the parameter of 99.9999% reliability for all microwave paths. The path studies completed during the design phase of this project were calculated using the best tools and environmental data available. However, these path studies are limited by being only a mathematical prediction based on specific assumptions and cannot account for every environmental anomaly that may affect path performance, such as unexpected tree growth and unaccounted terrain formations. To ensure the reliability of these proposed microwave links, a field path study will be performed. The microwave design is not finalized until these field path studies are completed following contract execution, and the results of the field studies may necessitate additional equipment, such as longer cable runs or additional Links in between sites. Furthermore, the process of frequency coordination/licensing may result in certain design changes such as replacing regular dishes with high performance dishes. The City will be responsible for additional costs beyond this proposed design. The results of the preliminary path calculations are based on the information provided and the considerations presented below. The following considerations and assumptions are incorporated into the path calculations: • An actual path survey must be conducted to verify the geographical coordinates and site elevations, path clearances, building obstructions, etc. • All the calculations are generic in nature and cannot be used for final engineering purposes. An actual field path survey must be conducted to verify the following: • Geographical coordinates and site elevations, path clearances, etc. • Tower heights, establish placement of various types of antennas, lights, guys, etc. Antenna heights used in the study are all assumptions and cannot be used for final engineering design. • Verify cable line lengths. • Establish facts which may affect the design of the microwave system. • All sites are assumed to be land -accessible and no special transportation such as helicopter and the like is required to gain site access. 3.4 AVIAT PROJECT SCOPE This SOW applies to Fayetteville Dispatch project proposed by Aviat Networks and cannot be extended to other projects. Aviat Networks will provide the following services to Motorola Solutions: I✓ Project Management f/ Transmission Engineering F Configuration Engineering/Drafting F Factory Integration and Testing 11 Radio Installation and Testing 1^ Radio Decommission F DC Power System Installation and Testing MCC 7500E IP Dispatch Console F Network Engineering F Project Engineering j— MPLS Network Services Antenna & Line Installation I✓ Network Integration F— Antenna System Decommission F— DC Power System Decommission Use or disclosure of this proposal is subject to the restrictions on the cover page. QMotorola Solutions Confidential Restricted Statement of Work 3-18 The City of Fayetteville January 20, 2022 f— Civil Construction (•" Field Technical Support Project Summary F r— 22 Number of Naps NA Number of Sites _ F NA Numbef of parallel RF Channels 4RU600 f R4Ue Number of Sites 6 Gf - Radio Equipment Feml�faa M Mbus ACM Frequency Band(s) 4 y ems$ Unit Capaefty IP+Ti _ Protection Typs(s) I AR TraftT9Pe "ackLocatlons(states) SYSTEM SUMMARY Aviat Networks is providing one hop of Eclipse IRU600 11 GHz MHSB radio passing up to 267Mbps with up to sixteen TVs using ACM form the Fayetteville Dispatch site into the existing Fayetteville 3-hop 8xT1 ring at site L23 Dinsmore Trail. The -desired -two-way path reliability of 99.9999% at 155Mbps is met by utilizing new 3' RFS Category A dishes. The path model used in the Pathloss 5 calculations is Vigants-Barnett. The clearance criteria used to set the dish heights is 0.3F1 @ K=0.66 and F1 @ K=1.33. All antenna centerlines are estimates only and are based on USGS clutter data in Pathloss 5. These centerlines may have to be raised based on actual field path survey results. New EP105 premium waveguide, associated attachment hardware, and entry boots will be provided at both sites. A new dehydrator and manifold are provided at the new Dispatch site. The existing ring site will reuse the existing equipment. All equipment will be mounted, wired, and tested on standard 7'06" x 19" aluminum racks. Each rack will be equipped with a breaker panel and a vertical GND bar for R56 compliance. The site power plant for the new Dispatch site consists of an Eltek Flatpack S redundant - 48VDC charger and Enersys 10-year VRLA batteries. These chargers and batteries will be mounted in the radio rack. Power consumption and battery size calculations take into account our quoted equipment plus 40% growth; see file NA190529-41708 Motorola AWIN Fayetteville Dispatch Power Caics". The power calculations assume a 120 VAC customer - provided power source, an 8 hour battery backup time, and a 24 hour battery recharge time. We can � change our calculations to accommodate different AC sources; and backup / recharge times if desired. The existing L23 Dinsmore Trail ring site will use the existing charger and battery plant. AC feeds required to power the Dispatch Microwave DC charger will be provided by: City of Fayetteville. Traffic demarcation on the Aviat provided equipment will be as follows: - T1 demarcation will be on the RJ48 patch panel - Ethernet demarcation will be on the RJ45 jacks and fiber SFP's on the front of the DAC GE3 Gigabit Ethernet card The network management of the new radio hop will connect into the exi ting Fayetteville ring and connect to the existing AWIN Provision system. No tower structural analysis is included. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. QT4 Motorola solutions confidential Restricted Statement of Work 3-19 The City of Fayetteville January 20, 2022 3.6 AVIAT VALIDITY OF QUOTE/PRICING Aviat pricing validity is valid until March 3 d, 2022. 3.7 AVIAT NETWORKS INSTALLATION, INTEGRATION, & TESTING DELIVERABLES [� Site Installation Completion Report i� Quality Checklists System Installation Completion Report Field Acceptance Test Report (completed) Punch List Completion Report I✓ As -built Record Sets MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. QMotorola Solutions Confidential Restricted Statement of Work 3-20 The City of Fayetteville January 20, 2022 3.8 PROJECT SCHEDULES 3.8.1.1 Project Schedule Key Dates - Consoles Project Duration: 7 months • Contract Award: February 2022 ■ CDR Meeting: March/April 2022 Console Staging at new Dispatch Center: June/July 2022 • Installation Complete: July/August 2022 • Optimization Complete: September 2022 ■ System Acceptance: by Feb-2023 • Final Acceptance: by Feb-2023 • Warranty Start Date: by Feb-2023 3.8.1.2 Project Schedule Key Dates MW Project Duration: 7 months ■ Contract Award: February -2022 CDR Meeting: March/April 2022 • Transmission Engineering: April/May 2022 - Installation of MW: June/July 2022 • MW Install Complete: July/August 2022 ■ System Optimization : September 2022 Link Verification: September 2022 System Acceptance: by Feb 2023 • Warranty Start Date: by Feb-2023 Note: All dates above will be finalized and mutually agreed upon as an output of the CDR (Contract Design Review) Meeting that will take place within 60 days of the contract award. MCC 7500E IP Dispatch Console Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page Statement of Work 3-21 The City of Fayetteville January 20, 2022 ACCEPTANCE TEST PLAN MCC 7100/7500 Trunked Resources ■lam — 4.1.1 Instant Transmit 1. DESCRIPTION Pass Fail The instant transmit switch provides immediate operator access to a channel, independent of its select status (selected or unselected). It provides priority over other dispatcher transmit bars or optional footsv Atches. SETUP RADI0-1 - TALKGROUP 1 CONSOLE -I — TALKGROUP 1 (Selected), TALKGROUP 2 (Unseiect mode) VERSION #1.010 2. TEST Step 1. Using CONSOLE-1, press the Instant Transmit button on TALKGROUP 1. Step 2. Verify that the Transmit indicator is lit Step 3. Verify RADIO-1 can monitor and respond to the call on TALKGROUP 1. Step 4. On RADIO-1 change to TALKGROUP 2. Step 5. Using CONSOLE-1, press the Instant Transmit button on the TALKGROUP 2 radio resource. Step 6. Verify RADIO-1 can monitor and respond to the call on TALKGROUP 2. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. !� Motorola Solutions Confidential Restricted 21 The City of Fayetteville January 20, 2022 MCC 7100/7500 Trunked Resources 4.1.2 Talkgroup Selection and Call 1. DESCRIPTION The Talkgroup Call is the primary level of organization for communications on a trunked radio system. Dispatchers with Talkgroup Call capability will be able to communicate with other members of the same talkgroup. This provides the effect of an assigned channel down to the talkgroup level. When a Talkgroup Call is initiated from a subscriber unit, the call is indicated on each dispatch operator position that has a channel control resource associated with the unit's channel/talkgroup. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 RADIO-3 - TALKGROUP 1 RADIO-4 - TALKGROUP 2 CONSOLE-1 - TALKGROUP 1 CONSOLE-2 - TALKGROUP 2 VERSION41.010 2. TEST Step 1. Initiate a wide area call from CONSOLE- 1 on TALKGROUP 1. SteD 2. Observe that RADIO-1 and RADIO-3 will be able to monitor the call. Dekey the console and have either radio respond to the call. Step 3. Observe that all consoles with TALKGROUP 1 can monitor both sides of the conversation. Step 4. Initiate a wide area call from CONSOLE- 2 on TALKGROUP 2. MCC 7500E IP Dispatch Console Motorola Solutions confidential Restricted Step 5. Observe that RADIO-2 and RADIO-4 will be able to monitor the call. Dekey the console and have either radio respond to the call. Step 6. Observe that all consoles with TALKGROUP 2 can monitor both sides of the conversation. Pass Fail Use or disclosure of this proposal is subject to the restrictions on the cover page. Acceptance Test Plan 22 MCC 7100/7500 Trunked Resources 71 4.1.3 Emergency Alarm and Call Display Description 1. DESCRIPTION Users in life threatening situations can use the emergency button on the radio to send an audihfe alarm and a visual alarm signal to a console operator in order to request immediate system access to a voice channel for an emergency call. An emergency alarm begins after the radio user presses the radio's emergency button. Pressing the emergency button places the radio in "emergency mode". To begin an emergency call, the radio user must press the radios PTT button while in "emergency mode," The assigned voice channel will be dedicated to the emergency caller's talkgroup for an extended period of time, equal to the Message Hang Time plus the Emergency Hang Time. As with other call types, emergency calls can operate across sites as well as within the same site. SETUP RADIO-1 - TALKGROUP 1 CONSOLE-1 - TALKGROUP 1 CONSOLE-2 - TALKGROUP 1 VERSION #1.010 2. TEST Step 1. Initiate an Emergency Alarm from RADIO-1. Step 2. Observe the Emergency from RADIO-1 is received at CONSOLE-1 for TALKGROUP 1. Step 3. Acknowledge the Emergency at the operator position. Verify CONSOLE-2 receives notification that the call has been acknowledged. MCC 7500E IP Dispatch Console 4) fNalflrola Solutions Confidential Restricted The City of Fayetteville January 20, 2022 Step 4. Initiate a call with RADIO-1 to initiate an Emergency call. Step 5. Observe CONSOLE-1 and CONSOLE-2 can monitor RADIO-1 Step 6. Clear the Emergency from CONSOLE-1 on TALKGROUP 1. Step 7. End the Emergency Alarm from RADIO- 1. Pass Fail Use or disclosure of this proposal is subject to the restrictions on the cover page. Acceptance Test Plan 23 MCC 7100/7500 Trunked Resources 4.1.4 Multigroup Call 1. DESCRIPTION This trunking feature allows an equipped console operator position to transmit an announcement to several different talkgroups simultaneously. As with Talkgroup Calls, multigrcup calls operate across sites as well as within the same site. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 RADIO-3 - RANDOM CONSOLE-1 - ATG 1 Note: TALKGROUP 1 and TALKGROUP 2 are members of ATG 1. RANDOM is any talkgroup not a member of ATG 1. VERSION #1.010 2. TEST Step 1. Using CONSOLE-1, select the ATG 1 resource. Step 2. Initiate the Multigroup Call from CONSOLE-1. Step 3. Observe that RADIO-1 and RADIO-2 receive the Multigroup Call. Step 4. Verify that RADIO-3 does not receive the Multigroup Call because it is not a member of ATG 1. Step 5. Answer the Multigroup Call using RADIO-1 and observe CONSOLE-1 receives the response. Step 6. Verify that if the call is answered within the repeater hang time, the console will MCC 7500E IP Dispatch Console Q) Motorola Solutions Confidential Restricted The City of Fayetteville January 20, 2022 receive the call on the ATG 1 resource tile, otherwise the console will receive the call on the TALKGROUP 1 tile. Step 7. Verify that if the call is answered within the repeater hang time, RAD10-2 will monitor the call. Pass Fail Use or disclosure of this proposal is subject to the restrictions on the cover page. Acceptance Test Plan 24 MCC 7100/7500 Trunked Resources 4.1.5 Multi -Select Operation 1. DESCRIPTION Multi -Select (Msel) allows the console operator to group a number of channels/talkgroups together such that when the general transmit bar is depressed, all of the multi -selected channels/talkgroups will transmit at the same time with the same information. Multi -Select is one way communication call. If a radio user responds to a Mufti -Select call the talkgroup the user is affiliated to wifl be the only one to hear the call. There is no super -group formed, so radio communication is still at the single talkgroup level. Multi -Select is utilized to send an APB to several channels/talkgroups. A Multi - Select has a limit of twenty (20) trunking/conventional resources SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 CONSOLE-1 - TALKGROUP 1, TALKGROUP 2 VERSION #1.010 2. TEST Step 1. From CONSOLE-1, create an Msel group with TALKGROUP 1 and TALKGROUP 2. Step 2. Transmit on the Msel using the Msel instant transmit button. Step 3. Verify that RADIO-1 and RADIO-2 hear the call. Step 4. Initiate a call with RADIO-1. Step 5. Verify the call is heard on CONSOLE-1 but not on RADIO-2. MCC 7500E IP Dispatch Console 0 Motorola Solutions Confidential Restricted The City of Fayetteville January 20, 2022 Step 6. Initiate a call with RADIO-2. Step 7. Verify the call is heard on CONSOLE-1 but not on RADIO-1. Step 8. On CONSOLE-1 dissolve the Msel. Pass Fail Use or disclosure of this proposal is subject to the restrictions on the cover page. Acceptance Test Plan 25 The City of Fayetteville January 20, 2022 MCC 7100/7500 Trunked Resources Step 3. Verify RADIO-1, RADIO-2, RADIO-3, and RADIO-4 can monitor the call. Step 4. Initiate several calls between the radios 4.1.6 Talkgroup Patch and verify successful communication. Step 5. Dissolve the patch created in step 1. 1. DESCRIPTION Talkgroup Patch allows a dispatcher to merge several talkgroups together on one voice channel to participate in a single conversation. This can be used for situations involving two or more talkgroups that need to communicate with each other. Using the Patch feature, the console operator can talk and listen to all of the selected talkgroups grouped; in addition, the members of the individual talkgroups can also }aik or listen to Pass tali members of other talkgroups. Patched talkgroups can communicate with the console dispatcher and other members of different talkgroups because of the "supergroup" nature of the Patch feature. NOTE : If "secure" and "clear" resources are patched together, one repeater for each mode may be assigned per site. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 RADIO-3 - TALKGROUP 1 RADIO-4 - TALKGROUP 2 CONSOLE-1 - TALKGROUP 1 and TALKGROUP 2 Note: All 4 Radios must have the same home zone. VERSION #1.010 2. TEST Step 1. Using CONSOLE-1 create a patch between TALKGROUP 1 and TALKGROUP 2. Step 2. Initiate a patch call from CONSOLE-1. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page ! Motorola Solutions Confidential Restricted Acceptance Test Plan 26 The City of Fayetteville January 20, 2022 MCC 7100/7500 Trunked Resources Pass Fail 4.1.7 Alert Tones - Talkgroup 1. DESCRIPTION Pre -defined alert tones can be transmitted on the selected Radio Resource to subscribers which can alert members of a channel / talkgroup to a particular event or signify to radio users special instructions are to follow. The Console has the ability to send an Alert -Tone signal on selected conventional or talkgroup resources. SETUP RADI0-1 - TALKGROUP 1 RADI0-2 - TALKGROUP 1 CONSOLE-1 - TALKGROUP 1 VERSION #1.040 2. TEST Step 1. Select TALKGROUP 1 on CONSOLE-1 Step 2. Select Alert Tone 1 and depress the Alert Tone button. Step 3. Verify that RADI0-1 and RADI0-2 hear Alert Tone 1. Step 4. Repeat Steps 2-3 for Alert Tone 2 and 3. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Acceptance Test Plan 27 The City of Fayetteville January20, 2022 CC 7100/7500 Trunked Resources 4.1.8 Call Alert Pass-Fail- 1. DESCRIPTION Call Alert Page allows a subscriber/dispatcher to selectively alert another radio unit. The initiating subscriber/console will receive notification as to whether or not the call alert was received. Units receiving a Call Alert will sound an alert tone and show a visual alert indication. The display will also show the individual ID of the initiating subscriber/console unit. SETUP RADIO-1 - I ALKGROUP 1 CONSOLE-1 - TALKGROUP 1 VERSION #1.030 2. TEST Step 1. Using CONSOLE-1, select the tail alert button in the "Private Car resource window. Step 2. Enter the ID of RADIO-1 and send the call alert to RADIO-1. Step 3. Verify that RADIO-1 receives the alert and that the ID or alias of the console is shown. Step 4. Turnoff RADIO-1. Step 5. Using CONSOLE-1, send the call alert to RADIO-1 again. Step 6. Verify that after trying to page RADIO-1, the console displays "Can not send call alert - target not found" in the summary/status list. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Acceptance Test Plan 28 The City of Fayetteville January 20, 2022 MCC 7100/7500 Trunked Resources 4.1.9 Console Initiated Private Call to Subscriber 1. DESCRIPTION Pass Fail Private Conversation is a selective calling feature which allows a dispatcher or radio user to carry on one-to-one conversation that is heard only by the two parties involved. Subscriber units receiving a private call will sound an alert tone. As with other call types, Private Calls operate across sites as well as within the same site. SETUP RAD10-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 1 CONSOLE-1 - TALKGROUP 1 VERSION #1.020 2. TEST Step 1. Using CONSOLE-1, select the "PRIVATE -CALL" tile and click the Private Call function. Step 2. Select the unit to be Private Called, in this case RADIO-1. (or select the numeric keypad and enter the Unit ID to be Private Called.) Step 3. Click the Send button. Step 4. Answer the Private Call with RADIO-1 and respond to the console. Step 5. Verify RADIO-2 does not hear the private conversation. Step 6. After completing the Private Call, return to the normal talkgroup mode. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the coder page. I� Motorola Solutions Confidential Restricted Acceptance Test Plan 29 The City of Fayetteville January 20, 2022 MCC 7100/7500 Trunked Resources 4.1.10 Console Priority 1. DESCRIPTION Pass Fail Console Operator Positions have ultimate control of transmitted audio on an assigned voice channel resource. The Console Position tiaability to take control of an assigned i �as the is a.op ne �j„ voice channel for a talkgroup call so that the operator's audio overrides any subscriber audio. Console priority is a feature that enables dispatchers -to gain immediate a--ccss to an assigned voice channel so that a central point of audio control exists. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 1 CONSOLE-1 - TALKGROUP 1 VERSION #1.020 2. TEST Step 1. Initiate a Talkgroup call from RADIO-1 on TALKGROUP 1. Keep this call in progress until the test has completed. Step 2. Observe that RADIO-2 receives the call. Step 3. While the call is in progress, key up CONSOLE-1 on TALKGROUP 1. Step 4. Observe that RADIO-2 is now receiving audio from CONSOLE-1 on TALKGROUP 1. Step5, De -key CONSOLE-1, Step 6. Verify RADIO-2 now receives RADIO-1 audio. Step 7. End the TALKGROUP 1 call from RADIO-1. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Acceptance Test Plan 30 The City of Fayetteville January 20, 2022 MCC 7100/7500 Trunked Resources 4.1.11 Activity Log 1. DESCRIPTION The Console activity log will show all traffic for the resource assigned to that console to include the time, radio alias, TG, PTT ID and Emergency Call. The dispatcher has the capability of selecting a logged call within in the "Activity Log Window for instant transmit on the corresponding lagged resource. This activity log can be logged to a text file for archival purposes. Note: The log file in the ops will only be seen if you first check Log Activity in Elite Admin application then in folder options uncheck hide hidden system files. The location will be c:%Program Data%MCC7500kMessageMonitorLogs. SETUP RADI0-1 — TALKGROUP 1 RADI0-2 — TALKGROUP 2 RADI0-3 — TALKGROUP 3 RAD10-4 — TALKGROUP 4 CONSOLE-1—TALKGROUP 1, TALKGROUP 2, TALKGROUP 3, TALKGROUP 4 VERSION #1.020 MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Acceptance Test Plan 31 The City of FayetteviNe January 20, 2022 CONVENTIONAL TEST 401:12 Console Site Entering Site Conventional Mode 1. DESCRIPTION The MCC 7500 Console site will enter site conventional mode when the Zone Controller (ZC)-Console Site Control Path falls -and Conventional Site Controller -Console Site Control Path is established. The console site will re-enter wide area conventional mode when ZC-Console Site Control Path is re-established. SETUP RADIO-1- CONVENTIONAL CHANNEL 1 RADIO-1 - SITE - CONVSITE 1 CONSOLE-1 - CONVENTIONAL CHANNEL 1 CONSOLE-1 - SITE - CONSITE 1 CONSOLE-2 - CONVENTIONAL CHANNEL 1 CONSOLE-2 - SITE - CONSITE 1 CSC - SITE - CONVSITE 1 CCGW-1 - CONVENTIONAL CHANNEL 1 CCGW-1- SITE - CONVSITE 1 CONVSITE 1 is co -located with CONSITE 1 Note: Configure the method to detect inbound radio transmission to VOX VERSION #1.060 MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Acceptance Test Plan 32 The City of Fayetteville January 20, 2022 2. TEST Step 1. Initiate a call on CONVENTIONAL CHANNEL 1 at CONSOLE-1. Keep this call established for the duration of the test. Step 2. Verify that RADIO-1 and CONSOLE-2 hear CONSOLE-1 Step 3. Disconnect the CONSITE 1 WAN link Step 4. Verify that CONSOLE-1 and CONSOLE-2 provide an indication that CONSITE-1 has entered into site conventional mode. Step 5. Verify that RADIO-1 and CONSOLE-2 continue to hear CONSOLE-1. Step 6. Reconnect the CONSITE-1 WAN link. Step 7. Verify that CONSOLE-1 no longer provides an indication that CONSITE 1 is in site conventional mode. Step B. Verify that RADIO-1 and CONSOLE-2 hear CONSOLE-1, then end the CONVENTIONAL CHANNEL 1 call. Pass Fail MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Maforola Solutions Confidential Restricted Acceptance Test Plan 33 The City of Fayetteville January 20. 2022 4.2 SIGNOFF CERTIFICATE By their signatures below, the following witnesses certify they have observed the system Acceptance Test Procedures. Signatures WITNESS: Please Print Name: Please Print Title: WITNESS: Please Print Name. Please Print Title: WITNESS: Please Print Name. Please Print Title: Date: Initials: Initials: Date: Initials: MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subied to the restrictions on the cover papa. Motorola Solutions Confidential Restncted Acceptance Test Plan 4-1 The City of Fayetteville January 20, 2022 PRICING Motorola Solutions is pleased to provide the following equipment and services to The City of Fayetteville. Pricing is based upon NASPO Value Point Contract #00318. aty Model, • 1 Lot Microwave System Description Aviat Microwave System and Site Networking / MPLS Equipment NASPO Extended -Each $166,234.00 $166,234.00 8 Each Consoles MCC 7500e Dispatch Console System $47,905.25 $383,242.00 Computer Workstation Hardware and Site System Equipment MCC7500 Console System Licenses Conventional Channel Gateways 1 Each AIS Server Archiving Interface Server $36,866.50 $36,886.50 Motorola VPM (Voice Processor Module) AIS Workstation Hardware AIS Server Software License 9 Each Backup Consolettes APX All Band Consolette $9,715.60 $87,440.40 Delete UHF & VHF Bands Astro P25 TDMA Operation ADP and AES Encryption Multiple Encryption Key (Multikey) AC Line Cord Consolette Rack Mount Kick 3 Year Essential Service MCC 7500E IP ❑rspatch Console 0 Motorola Solutions Confidential Resh:cted Use or disclosure of this proposal is subject to the restrictions on the cover page. Pricing 5-1 1 Lot I KVL5000 I Key Variable Loader with cables 1 Lot Consolette 16 channel Control Station Antenna System Antenna Combiner (764-a09 MHz) Antenna Cable Grounding Kits Connectors and Mounting Hardware 1 Lot Spare ' Critical System Spares to have on Equipment hand for expedited restoration in the event of component failures. 1 Lot Project Services Turnkey Project Services including the following: Project Management ($43,100) System Engineering & Technologist for System Installation / Optimization ($313,238) Microwave Installation Services ($93,464) Subscriber Programming ($20,161) Site Development ($17,150) MCC 7500E IP Dispatch Console 4) Motorola Solutions Confidential Restricted The City of Fayetteville January 20, 2022 $4,808.00 1 $4,808.00 $25,742.00 1 $25,472.00 $39,648.001 $39,648.00 $487,113.001 $487,113.00 NASPO Contract Sub -Total $1,230,843.90 Incentive — Order by March 31, 2022 -$133,000.00 Incentive — Large System Discount -$102,000.00 Incentive — Customer Loyalty -$102,615.00 PROPOSAL SUB -TOTAL $893,228.90 Estimated Sales Tax (9.75%) $87,089.82 Use or disclosure of this proposal iR aiahjpcd to the restrictions on the cover page. Pricing 5-2 The City of Fayetteville January 20, 2022 CONTRACTUAL DOCUMENTATION MOTOROLA'S PROPOSAL IS BASED ON THE USE OF THE BELOW TERMS AND CONDITIONS OR A NEGOTIATED VERSION THEREOF. COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT Motorola Solutions, Inc. (°Motorola") and City of Fayetteville, Arkansas ("City of Fayetteville") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows: Section 1 ATTACHMENTS 1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement. Exhibit A "Motorola Software License Agreement" Exhibit B "Payment" Exhibit C Technical and Implementation Documents C-1 "System Description" dated January 20, 2022 C-2 "Pricing Summary & Equipment List" dated January 20, 2022 C-3 "Implementation Statement of Work" dated January 20, 2022 C-4 "Acceptance Test Plan" or "ATP" dated January 20, 2022 Exhibit D "System Acceptance Certificate" 1.2, ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased. 1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities. 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits. Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: "Acceptance Tests" means those tests described in the Acceptance Test Plan "Addendum (Addenda)" is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein. "Administrative User Credentials" means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer's personnel with access to the MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Contractual Documentation 6-1 The. City of Fayetteville January 20, 2022 Administrative User Credentials may be referred to as the Administrative User. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). "Confidential Information" means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. "Contract Price" means the price for the System and implementation Services, excluding appiicabie sales or similar taxes and freight charges. Further, unless oLhei-wise stated in Exhibit 6, "Payment" orthe pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price. "Deliverables" means all written information (such as reports: specifications. designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for customer in the perVinance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work. "Derivative Proprietary Materials" means derivatives of the Proprietary Materials that Motorola may from time to tittle, includir_4 during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access. "Effective Date" means that date upon which the last Party executes this Agreement. "Equipment" means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. "Feedback" means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. "Force Majeure" means an event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause. "Motorola Software" means software that Motorola or its affiliated companies owns. "Non -Motorola Software" means software that a party other than Motorola or its affiliated companies owns. "Open Source Software" (also called "freeware" or "shareware") means software with either freely obtainable source code, license for modification, or permission for free distribution. "Proprietary Materials" means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, sunsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names. mask works, know-how, and other intellectual property rights in and to the Equipment and Software, MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page 0 Motorola Solutions Confidential Restricted Contractual Documentation 6-2 The City of Fayetteville January 20, 2022 including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. "Services" means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW. "Software" (i) means proprietary software in object code format, and adaptations, translations, de -compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. "Software License Agreement" means the Motorola Software License Agreement (Exhibit A). "Software Support Policy" ("SwSP") means the policy set forth at http;i/ vww.motorolasoltations.com/softwarepolicy describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola's discretion. "Solution" means the combination of the System(s) and Services provided by Motorola under this Agreement "Solution Data" means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. "SUA" or "SUA IP' means Motorola's Software Upgrade Agreement program. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. "System" means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and implementation Documents. "System Acceptance" means the Acceptance Tests have been successfully completed. "System Data" means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement. "Warranty Period" for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service. Section 3 SCOPE OF AGREEMENT AND TERM 3.1, SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. MCC 7500E IP Dispatch console QMotorola Solutions Confidential Restlocted Use or disclosure of this proposal is subject to the restrictions on the cover page. Contractual Documentation 6-3 The City of Fayetteville January 20, 2022 3.2, CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order and the change order is approved, in advance, by the Mayor and/or City Council. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance nr ;-Ypirafion of the Warranty Period, or completion of the Services, whichever occ-urs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if K is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software_ Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola veil send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders thfough fvlotorola Online CWOL"), and this Agreement will be the "Underlying Agreement" for those Mai. transacb❑ns rather than the MOL On -Line Terms and Conditions of Sale. MOL registration and other information may be found at litips:/lbusiritssonjine-motorolasolLitions.com and the MOL telephone number is (800) 814-0601. 3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.6. NON-MOTOROLA SOFTWARE. Any Nan-Motcro!a Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non -Motorola Softare pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola mattes no representations or warranties of any kind regarding Non -Motorola Software. Non -Motorola Software may include Open Source Software. 3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables. statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Ag+ eement, hosting terms, and modifications to the acceptance and warranty provisions. Section 4 SERVICES MCC 7500E IP Dispatch Console Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page Contractual Documentation 6-4 The City of Fayetteville January 20, 2022 4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer's issuance and Motorola's acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement. 4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at htt:l/www.inotorolasolutions.comisoftware olic and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services. To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer's purchase order will not affect the applicability of this Agreement. Motorola's proposal may include a cover page entitled "Service Agreement" or "Installation Agreement", as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference 4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola's proposal for such additional services. 4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola's property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request. 4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer. 4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. 4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information MCC 7500E IP D7 Spatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. 12 Motorola Solutions Confidential Restricted Contractual Documentation Cry The City of Fayetteville January 20, 2022 that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timeiy decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer -provided information, decisions and approvals described in this paragraph. 4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer's obligations are not performed, Motorola's ability to perform under this Agreement may be impacted and changes to the Contract Price, suh%rrintinn fees. proiect schedule, Deliverables, or other changes may be necessary. 4.9. NON-PRECLu6i0N, If, as a result of the Services performed tinder this Agreement. Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies. 410 PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motoroia and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials. 4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement. Section 5 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 6 CONTRACT PRICE, PAYMENT AND INVOICING 6.1, Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $893,228.90 (plus applicable tax). If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum. 6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. For reference, the Federal Tax Identification Number for Motorola is 36-1115800. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. if.T� Motorola Solutions Confidential Restricted Contractual Documentation 6-6 The City of Fayetteville January 20, 2022 6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre -pay and add all freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon delivery. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices. 6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: Name: City of Fayetteville — Attn: Kathy Stocker Address: 100 W Rock Street, Fayetteville, AR 72701 Phone: 479-587-3561 Email: kstocker@fayetteville-ar.gov The address which is the ultimate destination where the Equipment will be delivered to Customer is: Name: Fayetteville Police Department Address: 18.00 N Stephen Carr Drive, Fayetteville, AR 72704 The Equipment will be shipped to the Customer at the following address (insert if this information is known): Name: City of Fayetteville c/o Arkansas_ Valley Communications Address: 1163 N. Rupple Road, Fayetteville, AR 72704 Phone: 479-900-0823 Customer may change this information by giving written notice to Motorola. Section 7 SITES AND SITE CONDITIONS 7.1. ACCESS TO SITES, in addition to its responsibilities described elsewhere in this Agreement. Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site. Motorola may inspect the work site and advise Customer of any apparent deficiencies or non -conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 9 SYSTEM ACCEPTANCE 9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) MCC 7500E IP Dispatch Console QMotorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page Contractual Documentation 6-7 The City of Fayetteville January 20, 2022 days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a wrillen notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 9.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may he impeded if Customer begins using the System before Systern+ Acceptance, Therefore. Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized 13eneticlal Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 9.4. FINAL SYSTEM ACCEPTANCE. Final System Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Proiect Acceptance occurs. the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 10 REPRESENTATIONS AND WARRANTIES 10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects_ Upon System Acceptance or Beneficial Use, whichever occurs first. this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Equipment. 10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software.. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs. 10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola, Customer's MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. t!�N. Motorola Solutions Confidential Restricted Contractual Documentation 6r8 The City of Fayetteville January 20. 2022 failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight cysts to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, "recommendations"). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them. 10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motoro#a Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola's liability for the warranty claim. In the event of a valid Services warranty claim, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro- rata basis, the fees paid for the non -conforming Service. If this investigation indicates the warranty claim is not valid, there Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable. 10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Section 11 DELAYS 11.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notfy the other Party prompty (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances. Section 12 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute"). 12.1. GOVERNING LAW. This Agreement will be govemed by and construed in accordance with the laws of the State of Arkansas. 12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute prompty through good faith MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Contractual Documentation E9 The City of Fayetteville January 20, 2022 negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. 12.3. This section reserved for future use. 12A. LITIGATION, VENUE and JURISDICTION. if a Dispute remains unresolved for thirty (30) days after receipt of the Notice of Dispute, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of lathes, waiver or estoppel to affect adversely the rights of either Party. Section 13 DEFAULT AND TERMINATION 13.1 OFFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non -performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non -performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have 'thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. if Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan. 13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 13.1, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, Vie defaulting Party will promptly return to the non -defaulting Party any of its Confidential Information. If Customer is the non -defaulting Party, terminates this Agreement as permitted by '[his Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed. Section 14 INDEMNIFICATION 14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. 0 .Motorola Solutions Confidential Restricted Contractual Documentation 6-10 The City of Fayetteville January 20, 2022 14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt; written notice of any the claim or suit. Motorola will cooperate with Customer in tts defense or settlement of the claim or suit. This Section sets forth the full extent of Customers general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement. 14.3. PATENT AND COPYRIGHT INFRINGEMENT. 14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third - party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non -infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customers designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is Intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 14.3.4. This Section 14 provides Customers sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15. Section 15 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability; whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola's total liability will be limited to the direct damages MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Contractual Documentation 6-11 The City of Fayetteville January 20, 2022 recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision Survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be br ought more than one (1) year after the accrual of the caose Of action. except for money due upon an open account. Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS 16.1. CONFIDENTIAL INFORMATION, 16.1.1. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this Agreement, All Deliverables will be deemed to be Motorola's Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Subject to the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company. any other wholly owned subuidiariez of the same parent company), agents or consultants who must be directly involved with the Confidential information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance: but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Ififormation and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement. 161.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by docurnentation (!) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser's Confidential Information or any breach of this Agreement. 16.1.3. All Confidential Information retrains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser's written request, Recipient will return all Confidential Information to Discloser along with ail copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authnrized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 16.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non -Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed. originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement. Motorola does not grant to Customer, either directly or by MCC 7500E 110 Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page. 0 a Motorola Solutions Confidential Restricted Contractual Documentation 6-12 (,W The City of Fayetteville January 20, 2022 implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or Create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. 16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing. 16.4 DATA AND FEEDBACK. 16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, "Customer Data"), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data. 16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, "Derivative Data"). 16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola's receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola. Section 17 GENERAL 17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. MCC 7500E IP Dispatch Consde Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Contractual Documentation 6-13 The City of Fayetteville January 20, 2022 17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute: create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 17.6. HEADINGS AND SECTION REFERENCES. The section headings In this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 17.7, NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt. 17.8. COMPLIANCE WITH APPLICABLE LAWS, Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services. 17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page Motorola Solutions Confidential Restricted Contractual Documentation 5-14 L. The Clty of Fayetteville January 20, 2022 provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly Impact the performance of the System. Customer agrees that it will be solely responsible for any negative Impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola's ability to perform Services or other obligations under the Agreement In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bid Customer and Customer will pay Motorola on a time and materials basis for resolving the issue. 17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason. Section 3.5 (Motorola Software); Section 3.6 (Non -Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection 10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17. 17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed It as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document The preby enter into this Agreement as of the Effective Date. cations, Inc. Custorlw ---- By: Name: Title: ■! L G� Date: �7 - z407 Z MCC 7500E IP DispaWh Corade Q Motorola Sohalans Conlydent/al Restr=W Date: " �5 ` 22 Use ordlecipaure of this prpWal a nubloc[ to the resfilC long on the corer page. Cmdr9ciml Documentation 6-15 The City of Fayetteville January 20, 2022 Exhibit A MOTOROLA SOFTWARE LICENSE AGREEMENT This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., ("Motorola"), and The City of Fayetteville, AR ("Licensee"). For good and valuable consideration, the parties agree as follows. - Section 1 DEFINITIONS 1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement" means the agreement to which this exhibit is attached. 1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 "Software" (i] means proprietary software in abject code format, and adaptations, translations, de compilations, disassemblies, emulations, or derivative works of such software: (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre -loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the proprietary software and affiliated documentation. Section 3 GRANT OF LICENSE 3.1. Sub}ect to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non -transferable (except as permitted in Section 7) and non-exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software. In object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software MCC 7500E IP Dispatch Console ,s Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. Contractual Documentation 6-16 The City of Fayetteville January 20, 2022 Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found). 3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a 'time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease. the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE MCC 7500E IP Disoich Console Use or disclosure of this proposal is subject to the restrictions on the cover page. 0 Motorola Solutions Confidential Restncled Contractual Documentation 6-17 The City of Fayetteville January 20, 2022 Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola. and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). if Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error -free, completely free of Security VuineiaF ihbes, ur that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then. at Motorola's option, Motorola will replace the defective Software with functionally -equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non -infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent, Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport, software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. MCC 7500E IP Dispatch Console Use or disclosure of this proposal is subject to the restrictions on the cover page f1 Motorola Solutions Confidential Restricted Contractual Documentation 6-18 The City of Fayetteville January 20, 2022 Section 8 TERM AND TERMINATION 8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non -embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government), Section 9 Commercial Computer Software 9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of "commercial computer software" and `computer software documentation" as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein. 9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so. Section 10 CONFIOENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. MCC 7500E IP Despatch Console QMotorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page Contractual Documentation 6-19 The City of Fayetteville January 20, 2022 Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services. 13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.5. GOVERNING LAW, This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. MCC 7500E IP Dispatch Console Use or disclosure of this p, upusal is suboct to the restrictions on the cover page y Motorola Solutions Confidential Restricted Contractual Documentation 6-20 MCC 7500E IP Dispatch Console a Motorola Solutions Confidential Restricted The City of Fayeft"e January 20, 2022 Use or disclosure of this proposal is subject to the restrictions on the cover page. Contractual Documentation 6-21 The City of Fayetteville January 20, 2022 EXHIBIT B PAYMENT TERMS Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda_ Payment for the System purchase will be in accordance with the following milestones. Svstem Purchase (excluding Subscribers, if applicable) 1. 10% of the Contract Price due upon contract execution (due upon effective date), 2. 10% of the Contract Price due upon completion of Contract Design Review (CDR) 3. 30% of the Contract Price due upon shipment of equipment from Stoat•^a; 4. 30°% of the Contract Price due upon installation of equipment (billed on a site by site basis); 5. 15% of the Contract Price due upon System Acceptance (when all acceptance tests are complete); and S. 5% of the Contract Price due upon Final System Acceptance. If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped). Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invnlce for installations completed on a site -by -site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value_ Untess otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law. For L.ifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan. The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type anti level are listed in Table 1. Pesource Types Levels Project man ement System Engineering .system Technologist Project Administration 4 s 290.00 S 300.00 $ 280.00 5 200.00 3 S 240.00 ^ 250.00 $ 240.00 $ 180.00 2 S 220.00 S 220.00 S 220.00 $ 170.00 1 $ 390oo 5 21<0.:10 S 210.00 $ f50_i)0 Table ?-Hruri)F Raie, These rates apply to ordinary days and times (Monday to Friday during the hours Barn to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource wilt he 4 hours- Travel expenses are not inciuded in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found athtWs.11wwuv.matorvlasolutions-comlcontenVdamlmsilsecurelservicesllabor-rates-Fxhii7it-_lbU4U#_- df- All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project. MCC 7500E W Dispatch Console ,}'i Motorola Solutions Confidential Restricted +;. Use or disclosure of this proposal is subject to the restrictions on the cover page. Contractual Documentation 6-22 The City of Fayettevdic January 20, 2022 EXHIBIT C Technical and Implementation Documents Motorola Solutions proposal dated January 20, 2022 includes the Technical and Implementation documents for this contract as part of the System Description, Equipment List, and Statement of Work sections of the primary proposal. MCC 7500E IP IJispatcr, Console 0 Motorola Solutions Confidential Resi+,cled Use or disclosure of fhis proposal is subject to the rest nctions on the cover page. Contractual Documen ta lion 6-23 EXHIBIT D System Acceptance Certificate Customer Name _ Project Name The City of Fayetteville January 20, 2022 This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. ClAstomer Representative; Motorol Re res ntatjve. Signature: _ _` Signature: Print Name: - - Print Name: _ - Title: - Title-- — _ - Date: Date. FILIAL PROJECT ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Customer Representative: Motorola Representative: Signature: Signature: Print Name: Print -Name: - Title: Title:, Date: _ Date: MCC 7600E IP Dispatch Console 0 Motorola Solutions Confidential Restricted Use or discir)sure of this ppapasal is subject to the restrictions on the cover page. Contractual Documentation 6-24