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HomeMy WebLinkAboutMotorola Inc; 1996-11-15;Communications System Agreement This Agreement, made and entered into this /SC day of November, 1996, by and between Motorola Inc., a Delaware corporation, hereinafter referred to as “Motorola” or “Seller”, and the City of Carlsbad, California, a municipal corporation, hereinafter referred to as “Purchaser”. Witnesseth: Whereas, on February 15, 1994 the City Council of the City of Carlsbad adopted Resolution No.94-95, giving the City’s consent to its inclusion in the proposed County service area to participate in the regional communication system; and Whereas, on December 6, 1994 the San Diego County Board of Supervisors adopted its resolution forming County Service Area No. 135 to establish and finance the 800 MHz Regional Communications System throughout the County of San Diego; and Whereas, on December 29, 1995 the County of San Diego entered into Contract No. 43095 with Motorola, Inc. (“Motorola”) for the necessary services and equipment to provide a regional communications system in the amount of $39,672,111.92 (the “Backbone System”) and to acquire up to $4.5 million worth of associated equipment for complimentary County facilities; and Whereas, paragraph 13 of the “General Terms and Conditions” of said Agreement provided that other participating public agencies in San Diego and Imperial Counties could participate in the County’s contracting process at the same prices and FOB destination, terms and conditions; and Whereas, Purchaser is such a participating public agency, and Purchaser has consented to and does participate in County Services Area No. 135 for the payment of costs involved in the construction and installation of the Backbone System, as well as a participant for Zone A, to provide financing for construction and acquisition of Purchaser’s local complimentary equipment to enable it to participate in the Regional Public Safety 800 MHz Radio Communication System; and Whereas, Purchaser is simultaneously herewith entering into a companion “Lease - Purchase Agreement” with Motorola to provide potential interim financing for said purchase, to be ultimately retired by the proceeds from the assessments for Zone A in County Service Area No. 135, and Whereas, all proposed equipment purchases will be reviewed and approved by the Regional Communications System Board of Directors or designee pursuant to the March 7, 1995 Regional Communications System Agreement approved by the Carlsbad City Council on March 21,1995; and Whereas, City requires the services of Motorola to provide the necessary equipment and communication system services for acquisition, construction and/or installation of Purchaser’s equipment complimentary to the 800 MHz Regional Communication System and Whereas, Motorola possesses the necessary skills and qualifications to provide said services and equipment; MotorolaKarlsbad Rev. 2 -l- October 29, 1996 . * ‘. . Now, Therefore, in consideration of these recitals and the mutual covenants contained herein, Purchaser and Motorola agree as follows: Section 1 Motorola’s Obligations A. B. C. D. Motorola shall furnish, install, test and cut over Purchaser’s equipment listed under the tab “Equipment Lists” in Exhibit ‘C’ to integrate it into the state-of-the-art 800 MHz Public Safety Trunked Radio Communications System (the “Backbone System”) as described in the functional specifications set forth in Exhibit ‘C’, including all required support equipment, such as consoles and microwave. Motorola agrees to do and perform all the work described in Motorola’s proposal, dated June 6, 1996, as revised September 23, 1996, attached hereto as Exhibit ‘C’. The specific tasks to be performed are listed under tabs relating to the dispatch center and the microwave system and shall be accomplished in accordance with the implementation phases, project timeline and meet the milestones for performance set forth therein. Motorola shall, in a good and professional manner, and at their own cost and expense, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities and all tests, testing and analysis, calculations and all other means whatsoever expect as otherwise expressly specified to be provided by Purchaser, necessary or proper to perform and complete the work and provide the services required of Motorola by this Agreement as set forth in Exhibit ‘C’. Motorola shall function as a prime contractor for performance of the services described in Exhibit ‘C’. Section 2 Purchaser’s Obligations A. Purchaser shall provide such information as required by Exhibit ‘C’ and is reasonably necessary for Motorola to perform its services. B. Provide ingress and egress to Purchaser’s facilities and/or sites as requested by Motorola, and have such facilities available for installation of the equipment specified in Exhibit ‘C’ . C. D. Provide adequate telephone lines for the installation and operation of the equipment. Provide adequate AC Power at 117 VAC + lo%, 60 Hz for the installation and operation of the Equipment. E. Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the Purchaser. Section 3 Term of Agreement and Completion of Work All Equipment to be delivered and services required by this Agreement shall be satisfactorily completed in accordance with the schedules and according to the milestones set forth in Exhibit ‘C’. This Agreement shall be in effect from the date first written above until December 3 1, 2010 and may be thereafter renewed upon written agreement of Purchaser and Motorola. MotorolaKarlsbad Rev. 2 -2- October 29, 1996 Section 4 Acceptance Criteria A. B. C. Motorola has included an Acceptance Test Plan (“ATP”) which has been agreed to by both parties by execution of this Agreement and is a part of Exhibit C to this Agreement. The successful completion of the ATP will be the sole criterion for system acceptance. Should the Purchaser commence use of the system or any sub-system thereof for their intended purposes, other than for the express purposes of training or testing, prior to system acceptance, final payment for said system or sub-system shall be due net thirty (30) days. The warranty or maintenance periods for such equipment put into use, unless warranty or maintenance has already begun, shall be deemed to have commenced concurrently with the use of the equipment for its intended purpose. The use of the equipment for its intended purpose shall be deemed to have occurred when the Purchaser commences to use and rely primarily on the equipment for its communications. Upon notification by Motorola that the system is available for acceptance testing, it is agreed that should the acceptance testing of the system or any subsystem thereof be delayed for reasons beyond Motorola’s control, that final payment for the subsystem or system shall become due net thirty (30) days and warranty or maintenance shall commence upon notice to Purchaser by Motorola. Section 5 Payment Schedule A. Motorola agrees to sell all of the equipment and perform the services as outlined in the Scope of Work and in Exhibit C, and Purchaser agrees to pay therefore the sum of not to exceed $3,235,478.00, payable in accordance with the companion Lease Purchase Agreement between Motorola and the City of Carlsbad. B. Purchaser shall commence making Lease Payments to Motorola for equipment and related services upon invoice following delivery. The parties anticipate such payments to be for three phases in the following approximate amounts upon the following approximate dates: Phase Date Amount I Feb No;. 1. 1997 $764.085.90 II 1. 1997 $1.471.392.10 III Nov. 1. 1998 $1 .ooo.ooo.oo Section 6 Project Management A. Purchaser and Motorola will assign a Project Manager, who is author&d to exercise direction of this project. Purchaser and Motorola may, at any time, designate a new or alternate Project Manager following reasonable consultation with the other’s Project Manager. B. The name of the persons author&d to give or receive notice on behalf of Purchaser and Motorola and who are designated as the initial Project Managers are, respectively, as MotorolaKarlsbad Rev. 2 -3- October 29, 1996 - follows: For Purchaser: Name: Title: Address: George Suttle Police Captain 1200 Carlsbad Village Drive Carlsbad, CA 92008 For Motorola: Name: Title: Address: Phil Dobosz Project Manager 9980 Carroll Canyon Road San Diego, CA 92131 Section 7 Independent Contractor Motorola shall perform the services provided for herein in Motorola’s own way as an Independent Contractor and in pursuit of Motorola’s independent calling, and not as an employee of the Purchaser. Motorola shall be under control of Purchaser only as to the result to be accomplished, but shall consult with the Purchaser as provided for in Exhibit ‘C’. The persons used by Motorola to provide services under this Agreement shall not be considered employees of the Purchaser for any purpose whatsoever. Motorola is an independent contractor of the Purchaser. The payment made to Motorola pursuant to the Agreement shall be the full and complete compensation to which Motorola is entitled. The Purchaser shall not make any federal or state tax withholdings on behalf of Motorola or its employees or subcontractors. The Purchaser shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of Motorola or its employees or subcontractors. Motorola agrees to indemnify the Purchaser within 180 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the Purchaser may be required to make on behalf of Motorola or any employee or subcontractor for work done under this Agreement. Section 8 Contents and Order of Precedence A. The following documents constitute the Agreement between Motorola and Purchaser and all identified documents are hereby incorporated by this reference and made a part hereof as if fully set forth herein: 1. This Agreement and all duly executed amendments to this Agreement. 2. Exhibit A General Provisions, dated October 29, 1996, consisting of five (5) pages and twenty-two (22) sections. 3. Exhibit B Motorola End-User Software License Agreement. 4. Exhibit C Motorola Proposal Notebook, dated June 6, 1996, as revised September 23, 1996, including Project Overview, Project Implementation Plan, Training Plan, Acceptance Test Procedure, System Drawings, System Description, Equipment Lists, Pricing Summary, Payment Schedule, and Warranty. B. In the event of any inconsistency or conflict between portions of this Agreement or its constituent referenced documents, precedence shall be given in the order stated above, with the latest amendment of any element taking precedence over earlier amendments of that element. MotorolaKarlsbad Rev. 2 -4- October 29, 1996 A : _ Section 9 Conflict of Interest Purchaser has determined, using the guidelines of the Political Reform Act and Purchaser’s Conflict of Interest Code, that Motorola is not a “Consultant” within the meaning of the Political Reform Act, and will not be required to file a Conflict of Interest Statement as a requirement of this Agreement. However, Motorola hereby acknowledges that it has legal responsibility for complying with any applicable provisions of the Political Reform Act, and nothing in this Agreement releases Motorola from that responsibility. Section 10 Termination A. Termination for Default. Purchaser may, by written notice of default to Motorola terminate any of this Agreement, in whole or in part, should Motorola fail to provide equipment and/or services in accordance with the implementation plan set forth in Exhibit ‘C’ or fail to deliver in conformance to specifications and the requirements set forth therein. Purchaser shall give Motorola written notice of such default (“Cure Notice”) and Motorola shall have thirty (30) working days to provide a plan of action to cure said default. In the event that either (a) the plan is deemed unacceptable by Purchaser following prompt and reasonable review or (b) Motorola fails to cure such default then the Agreement shall be terminated for default. In the event of such termination, Purchaser reserves the right to purchase or obtain the equipment or services elsewhere, and Motorola shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the Purchaser. The prevailing market price shall be considered the fair repurchase price. Purchaser agrees that in the event of a partial or complete termination hereunder, the replacement system shall not have a capability exceeding that specified in the Agreement and that said replacement shall be of like kind and quality to accomplish the intended purpose of the Agreement. 1. If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that Motorola was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause herein. 2. The rights and remedies of Purchaser provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. B. Termination for Convenience. Purchaser may, by written notice stating the extent and effective date, terminate this Agreement for convenience in whole or in part, at any time. Purchaser shall pay Motorola as full compensation for performance until such termination: 1. The unit or pro rata price for the delivered and accepted portion. 2. A reasonable amount, as costs of termination, not otherwise recoverable form other sources by Motorola as approved by Purchaser, with respect to the undelivered or unaccepted portion of this Agreement, provided compensation hereunder shall in no event exceed the total price. 3. In no event shall Purchaser be liable for any loss of profits on this Agreement or portion thereunder so terminated. MotorolaKarlsbad Rev. 2 -5- October 29, 1996 . 4. The rights and remedies of Purchaser provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. Section 11 Severability If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. Section 12 Headings and Section References The headings given to the paragraphs herein are inserted only for convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers. Section 13 Full Agreement This Agreement and Exhibits hereto constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work. This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representatives of both parties. In Witness Whereof, the parties hereto have caused this Agreement to be executed by their duly authorizej representatives A of the last day and year written below. Motorola, Inc. By: 7x (Signature) Name: CLAUDE A. LEWIS Name: w rJ I c w (print - Block Letters) (Print - Block Letters) Title: Date: Mayor Tide: U i GE p/L- t Qts)Jr (Print - Block Letters) (Print - Block Letters) November x, 1996 Date: wp”\ I- Approved as to form MotorolaKarlsbad Rev. 2 -6- October 29, 1996 - Exhibit A - General Provisions Section 1 Standards Of Work Motorola’s services shall be performed with the high degree of care and diligence, and where required, in accordance with the highest standards exercised by engineers performing similar services in the San Diego, California area, and as expeditiously as is consistent with such standards of skill and care. Section 2 Taxes The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, lease, gross income service, rental, use, property, occupation or similar taxes. If any taxes are determined applicable to this transaction or Motorola is required to pay or bear the burden thereof, the Purchaser agrees to pay to Motorola the amount of such taxes and any interest or penalty thereon no later than thirty (30) days after receipt of an invoice therefor. Section 3 Shipping, Title and Risk Of Loss All deliveries shall be F.O.B. at Purchaser’s facilities, unless staging or other pre-installation is mutually agreed upon. Time is of the essence. The acceptance by Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Motorola. All items and deliverables are subject to inspection, review/approval and acceptance by Purchaser at Purchaser’s facilities. Such inspection, review/approval and acceptance or rejection shall be made within fifteen (15) days of delivery or as otherwise mutually agreed upon. Title to the equipment purchased shall pass directly from Motorola to Purchaser upon delivery and following the inspection (subject to the right of Purchaser to reject upon such inspection). Motorola shall retain risk of loss for all equipment until acceptance at Purchaser’s facilities or site; title passage for all equipment delivered hereunder shall be evidenced by a receiving document signed by Purchaser’s representative or an authorized designee. The above notwithstanding, title to Software included in the equipment shall not pass to the Purchaser at any time. Software is the subject of a separate provision of this Agreement and is subject to the license agreement set forth herein. Section 4 Changes in the Work If, in the course of the Agreement, changes seem merited by Motorola or Purchaser, including, but not limited to, alternate sites and/or subsurface/structural conditions at proposed sites, and informal consultations the other party indicate that a change in the conditions of the Agreement is warranted, Motorola or Purchaser may request a change in the conditions of the Agreement. Such changes shall be processed by Purchaser in the following manner: A letter outlining the desired changes shall be forwarded to Purchaser by Motorola to inform Purchaser of the proposed changes, along with a statement of estimated changes in charges or time schedule. A standard Amendment to Agreement shall be prepared by Purchaser and approved by Purchaser according to its procedures set forth in its Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate the unaffected portions of the Agreement. MotorolalCarlsbad Rev. 2 -l- October 29, 1996 I3 Section 5 Limitation of Liability Except for personal injury or death, Motorola’s total liability whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. Purchaser’s sole remedy is to request Motorola at Motorola’s option to either refund the purchase price, repair or replace product(s) that are not as warranted. In no event will Motorola be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special, or consequential damages to the full extent such may be disclaimed by law. No action shall be brought for any breach of this contract more than one (1) year after the accrual of such cause of action except for money due upon an open account. Section 6 Force Majeure A. Neither Motorola nor the Purchaser shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; or any other conditions beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in the Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 7 Delays by Purchaser If the Purchaser is responsible for delays which cause the installation and acceptance of this system as defined in the Agreement, to be rescheduled beyond the Period of Performance set forth in the Agreement, the Purchaser shall be liable for actual costs incurred by Motorola resulting from these delays. Such charges may include, but are not limited to, additional Engineering; rescheduling charges; storage charges; maintenance charges; and transportation charges. The Purchaser shall have the option to attempt to minimize actual costs incurred by storing and transporting equipment at its own expense. Motorola reserves the right to modify payment terms in the event of such delays. Section 8 Licenses/Authorization The Purchaser is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither Motorola nor any of its employees is an agent or representative of the Purchaser in FCC matters or otherwise. Motorola, however, may assist in the preparation of the license application at no charge to the Purchaser. Purchaser acknowledges that project implementation is predicated on receipt of proper FCC licensing. Section 9 Indemnification Motorola agrees to and hereby indemnifies and saves Purchaser harmless from all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the Purchaser by reason of or on account of damage to the property of the Purchaser or the property of, injury to, or death of any person, when such damage or injury is caused by Motorola’s sole negligence or that of its employees, subcontractors, or agents while on the premises of the Purchaser during the delivery and installation of the communications equipment. In no event will Motorola be liable for incidental, special or consequential damages. MotorolaKarlsbad Rev. 2 -2- October 29, 1996 Section 10 Equipment Compatibility Motorola agrees that the equipment, will perform in accordance with the specifications and representations stated in Motorola’s Proposal and Equipment List included in this Agreement. This Agreement does not extend to the performance of the equipment as a part of a larger system generally nor specifically to equipment in combination with products, elements or components not supplied by Motorola. Section 11 Warranties Please refer to Exhibit ‘C’ tab, entitled ‘Warranties’, attached hereto and incorporated herein by this reference. Section 12 Confidential Information Motorola proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere, if applicable. All other material and information of confidential nature marked Motorola Proprietary and Confidential will be released as necessary under the following conditions: (1) Purchaser shall exercise reasonable and prudent measures to keep these items in confidence. (2) Purchaser shall not disclose these items to third parties without prior written permission, unless Motorola makes them public or Purchaser learns them rightfully from sources independent of Motorola, or it is required by law to be disclosed. (3) Motorola, where necessary, retains the right to prescribe specific security measures for the Purchaser to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non-Disclosure Agreement will be required. Section 13 Software License Motorola will, in the course of the transaction for the items of equipment identified in the Agreement, deliver to Purchaser, on a licensed basis, one or more computer programs (“Motorola Software”). Delivery of all Motorola Software by Motorola and acceptance of same by Purchaser shall be made only under the terms and conditions as contained in Exhibit B attached hereto and made a part hereof. The terms and conditions of the License Agreement contained in Exhibit B shall survive the completion of the Agreement. Section 14 Patent Indemnification Motorola agrees to defend, at its expense, any suits against Purchaser based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright, and to pay costs and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing and at Motorola’s request and expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any such product(s) furnished hereunder is enjoined as a result such suit, Motorola, at its option and at no expense to Purchaser, shall obtain Purchaser the right to use or sell said product(s) or shall substitute an equivalent product or products reasonably acceptable to Purchaser and extend this indemnity MotorolafCarlsbad Rev. 2 -3- October 29, 1996 thereto or shall accept the return of said product(s) and reimburse Purchaser the full purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the combination of any product(s) furnished by Motorola and other elements nor does it extend to any product(s) of Purchaser’s design or formula. Section 15 Disclaimer of Patent License Nothing contained in this Agreement shall be deemed to grant, either directly or by implication, estoppel, or otherwise, any license under any patents or patent applications of Motorola, except that Purchaser shall have the normal non-exclusive royalty-free license to use that is implied, or otherwise arises by operation of law, in the sale of a product. Section 16 Waiver Failure or delay on the part of Motorola or Purchaser to exercise right or power hereunder shall not operate as a waiver thereof. Section 17 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 18 Covenant Against Contingent Fees. Motorola covenants that it has not employed or retained any company or person, other than a bona fide employee working for Motorola, to solicit or secure this Agreement, and that Motorola has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this covenant, Purchaser shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. Section 19 Claims and Lawsuits Motorola agrees that any contract claim submitted to Purchaser must be asserted as part of the contract process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Motorola acknowledges that if a false claim is submitted to the TP er, it may be considered fraud and Motorola may be subject to criminal prosecution. (Initial) Motorola acknowledges that California Government Code Section 12650, et seq., ‘the False Claims Act’, prov$les for civil penalties where a person knowingly submits a false claim to a public entity. (Initial) These provisions include false claims made with c \j deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the Purchaser seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Motorola acknowledges that the filing of a false claim may subject Motorola to an administrative debarment proceeding wherein Motorola may be prevented to act as cv ntractor on any public work or improvement for a period of up to five (5) years. (Initial) Motorola MotorolaXarlsbad Rev. 2 -4- October 29, 1996 L . acknowledges debarment by Motorola from the selection process. tion is grounds for the Purchaser to disqualify Section 20 Conformity to Legal Requirements Motorola shall at all times observe and comply with all applicable federal and state laws which in any manner effect this Agreement or the work to be performed hereunder. Motorola shall cause all drawings and specifications to conform to all applicable requirements of law: federal , state and local. Motorola shall provide all necessary supporting documents to be filed with any agencies whose approval is necessary. Purchaser will provide copies of the approved plans to any other agencies. Motorola shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in the Agreement. Section 21 Subcontracting If Motorola shall subcontract any of the work to be performed under this Agreement by Motorola, Motorola shall be responsible to the extent allowed by law to Purchaser for the acts and omissions of Motorola’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Motorola is for the acts and omissions of persons directly employed by Motorola. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of Motorola and Purchaser. Motorola shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Motorola’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the Purchaser. Section 22 County Provisions The following provisions, from the contract entitled, ‘Agreement with a Communications Manufacturing Firm to Provide a Regional Communications System’, dated December 29, 1995 between Motorola and the County of San Diego, are hereby incorporated into this Agreement by this reference as if fully set forth herein: . . . . . . . . . . . . Section 4 Section 10 Section 11.1 Section 14 Section 15 Section 21 Section 25 Section 27 Section 35 Section 37 Section 40 Section 41 Cal OSHA Variations in Specifications Hazardous Substances Availability of Funding Flammability and Toxicity Assignability Conduct of Contractor Audit and Inspection of Records Right to Acquire Equipment and Services Findings Confidential Drug and Alcohol Free Workplace1 Sexual Harassment2 1 Incorporation of Drug and Alcohol Free Workplace policies will be applicable to the extent of the respective participating agencies’ policy on such matters. 2 Incorporation of Sexual Harassment policies will be applicable to the extent of the respective participating agencies’ policy on the matter. MotorolaKarlsbad Rev. 2 -5- October 29, 1996 I’. . . Motorola End-User Software License Agreement This Software License Agreement is between Motorola, Inc. (“Motorola”), having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60196, and the City of Carlsbad, California (“Licensee”) located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 1. Scope. Licensee may acquire from Motorola’s Land Mobile Products Sector (“LMPS”) radio communication products (“Products”) that contain embedded or pre-loaded Motorola software such as in a ROM, PROM, or EPROM, or other Motorola software provided on media such as a floppy disk, tape, diskette, or CD-ROM. All such software (including Radio Service Software and FLASHport Software) is referred to as “Motorola Software.” This Agreement contains the terms under which Licensee may use Motorola Software acquired from LMPS. 2. Grant of License. Motorola hereby grants to Licensee a personal, non-exclusive license under Motorola’s applicable proprietary rights to use Motorola Software in accordance with the terms of this Agreement. 3. Limitations on Use. Licensee may use Motorola Software only for Licensee’s internal business purposes and only as described in the Motorola Software or Product documentation. Any other use of Motorola Software is strictly prohibited and will be deemed a breach of this Agreement. Licensee may not copy, modify, adapt, merge with other software, reverse engineer, or disassemble any Motorola Software for any reason, except that Licensee may make at most two copies of Motorola Software provided with infrastructure equipment for back-up purposes. Licensee must purchase a copy of Radio Service Software for each site at which Licensee uses Radio Service Software; Licensee may make one additional copy for each computer owned or controlled by Licensee at each such site. Licensee may temporarily use Radio Service Software on portable or lap-top computers at other sites. Prior to acquiring any Radio Service Software or upon Motorola’s request, Licensee must provide a written list of all sites where Licensee uses or intends to use Radio Service Software. Licensee must reproduce all Motorola copyright and trademark notices on all copies of Motorola Software. 4. Transfers. If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to use Motorola Software (other than Radio Service Software and FLASHport Software) embedded in or furnished for use with those Products provided that (a) Licensee transfers all copies of such Motorola Software to the new owner and (b) Motorola receives a transfer form (which Motorola will provide upon request) completed and signed by the new owner. Otherwise, Licensee may not transfer or make available any Motorola Software to any third party. 5. Ownership and Title. Title to all copies of Motorola Software in any form, including all rights in patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively in Motorola. 6. Confidentiality. Licensee acknowledges that all Motorola Software contains valuable proprietary information and trade secrets and that unauthorized dissemination, distribution, modification, reverse engineering, disassembly, or other improper use of Motorola Software will result in irreparable harm to Motorola for which monetary damages would be inadequate. Accordingly, Licensee will limit access to Motorola Software to those of its employees and agents who need to use Motorola Software for Licensee’s internal business purposes, and Licensee will take appropriate action with those employees and agents to preserve the confidentiality of Motorola Software. MotorolaKarlsbad Rev. 1 -l- October 29. 1996 7. Maintenance and Support. No maintenance or support is provided under this Agreement. Maintenance or support, if available, will be provided under a Motorola Software Maintenance and Support Agreement. 8. Limited Warranty. Please refer to Schedule 1, attached hereto and incorporated herein by this reference, for a description of the Motorola-provided warranties. The warranty extends only to the first Licensee; subsequent transferees must accept the Motorola Software “As Is” and with no warranties of any kind. 9. Limitation of Liability. In no event will Motorola be liable for incidental or consequential damages even if advised of the possibility of such damages. 10. Term and Termination. Licensee’s right to use Motorola Software will begin when Licensee sends a duly executed copy of this Agreement to Motorola, and either (a) Motorola returns a fully executed Agreement to Licensee or (b) Motorola ships Motorola Software or a Product containing Motorola Software to Licensee, and will continue in perpetuity unless terminated as follows. If either party commits a material breach of any of its obligations set forth herein, the other party may give written notice of termination to the breaching party. The written notice of termination shall specify the material breach and must specify whether the entire License Agreement is being terminated or whether the License Agreement is being terminated with respect to a particular Motorola Software program. Upon receipt of the written notice of termination, the breaching party shall have sixty (60) days to cure the material breach. In the event that the material breach is not cured during the sixty (60) days, the License Agreement is terminated as specified in the written notice of termination. 11. Notices. All notices, consents, and waivers permitted or required under this Agreement will be deemed given upon receipt and must be delivered in writing to the addresses at the top of this Agreement and, if to Motorola, to the LMPS Technical Assets Manager, Room 2305. Change of address must be in writing to the other party. 12. General Copyright Notices. The existence of a copyright notice on Motorola Software will not be construed as an admission or presumption that public disclosure of Motorola Software or any trade secrets associated with Motorola Software has occurred. Non-Motorola Software. Motorola may provide non-Motorola software to Licensee under the terms of separate license agreements with the owners of such software. Licensee will abide by the terms of these licenses. Causes of Action. Licensee must bring any action under this Agreement within one year after the cause of action arises except that warranty claims must be brought within the 120-day warranty period. Waivers. No waiver of a right or remedy of a party will constitute a waiver of another right or remedy of that party. Assignments. Motorola may assign any of its rights or subcontract any of its obligations under this Agreement, or encumber or sell any of its rights in any Motorola Software, without prior notice to or consent of Licensee. MotorolaKarlsbad Rev. 1 -2- October 29, 1996 R C Entire Agreement and Amendment. This Agreement contains the parties’ entire agreement regarding Licensee’s use of Motorola Software and may be amended only in a writing signed by both parties, except that Motorola may modify this Agreement as necessary to comply with applicable laws and regulations including FCC regulations. Governing Law. This Agreement will be governed by the laws of the United States of America to the extentthat thev by the laws of the State of Illinois. Motorola, Inc. - . -rb Name: CLAUDE A. LEWIS Name: WdiE H (Print - Block Letters) print - Block Letters) Title: Mayor Tide: 31 CF p&H [YsZrJ r (Print - Block Letters) (Print - Block Letters) Date: November/~ 1996 Approved as to form MotoroWCarlsbad Rev. 1 Date: \6/34\5l@ -3- October 29, 1996 ‘. ./ EXHIBIT A to EXHIBIT 2 Process for Purchase of Equipment by RCS Participating Agencies Using CSA 135 Zone Funds ( START ) 1 RCS Board of Directors Reviews/Approves List of Equipment to be Purchased by Agency 4 RCS Board of Directors Reviews and Approves. 7 RCS Staff Confirms Receipt of Goods and Services by Agency 8 RCS Staff Obtains Expenditure/Reimbursement Approval from RCS Board of Directors 9 RCS Staff Processes Expenditure/Reimbursement through County Office of Special Districts and Purchasing 10 County Auditor Issues Check to Agency or Vendor from Agency’s CSA 135 Zone Funds 11 Vendor is Paid by Agency or County Auditor GENERAL GUIDELINES: 1. Purchases must be processed via County Purchasing Department. L---J END 2. Purchases must be budgeted and not exceed realized revenue in Agency’s zone account. Regional Communication System Monday, October 28,1996 October 28, 1996 GENERAL GUIDELINES: > Purchases must be coordinated by participating agencies’ administrative staff and RCS project staff and processed via the County Auditor, Special Districts, and Purchasing divisions. > Purchases must be budgeted and not exceed realized revenue in Participating Agencies’ zone accounts. PROCEDURES: 1. RCS BOARD OF DIRECTORS REVIEWS/APPROVES LIST OF EQUIPMENT TO BE PURCHASED BY AGENCY: Participating agencies compile a list of equipment to be purchased, based on their approved budget and submit it for RCS Board of Directors review ana’ approval. 2. AGENCY DETERMINES NEED TO PURCHASE EQUIPMENT: Participating agency develops the list of equipment to be purchased and submits encumbrance request form to the RCS project manager for review and approval. 3. COMPLETED ENCUMBRANCE REQUEST FORM SENT TO RCS STAFF FOR COMPATIBILITY AND FUNDING REVIEW: RCS project manager and administrative assistant reviews encumbrance request, Attachment A, for equipment system compatibility and verification of budget and funding requirements. 4. RCS BOARD OF DIRECTORS REVIEWS AND APPROVES: RCS Board of Directors reviewslapproves requests at monthly meeting. 5. LOCAL AGENCY COUNCIL/BOARD APPROVES PURCHASE: Participating agency’s City Council or Fire District Board approves the list of equipment to be purchased. 6. AGENCY AND RCS STAFF PREPARE PURCHASE/REIMBURSEMENT REQUEST: A County or local agency purchase requisitionlpurchase agreement or reimbursement request, Attachment B and C, is prepared by agencies’ October 28, 1996 administrative stafiandforwarded to RCS administrative assistantfor review. 7. RCS STAFF CONFIRMS RECEIPT OF GOODS BY AGENCY: RCS sta#verifies with the participating agency that they have received goods and or services from the vendor. 8. RCS STAFF OBTAINS EXPENDITURE/REIMBURSEMENT APPROVAL FROM RCS BOARD OF DIRECTORS: The RCS administrative assistant forwards expenditurelreimbursement documents, Attachments D and C, to the RCS project manager and RCS Board of Directors for approval. 9. RCS STAFF PROCESSES EXPENDITURE/REIMBURSEMENT THROUGH COUNTY OFFICE OF SPECIAL DISTRICTS & PURCHASING: When expenditurelreimbursement documentation is approved, the RCS administrative assistant will processes it through the County Special Districts and Purchasing for validation and processing of expenditure. 10. COUNTY AUDITOR ISSUES CHECK TO AGENCY OR VENDOR FROM AGENCY’S CSA 135 ZONE FUNDS: County Auditor will issue a check to the participating agency or vendor from agency’s CSA I35 zone funds (Participating Agency option). 11. VENDOR IS PAID BY AGENCY OR COUNTY AUDITOR: The vendor is paid by participating agency or County Auditor. I! ‘_ id- I !I L ti:’ . 1. 4 LEASE-PURCHASE AGREEMENT Lease Number: 20691 LESSEE: Reference Exhibit A LESSOR: Motorola, Inc. 1301 East Algonquin Road Schaumburg, Illinois, 60196 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in any Schedule A now or hereafter attached hereto (“Equipment”) in accordance with the following terms and conditions of this Lease-Purchase Agreement (“Lease”). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in each Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in each Schedule B attached hereto (“Lease Term”). 2. FACILITY (i) Lessor will provide a credit facility to all Lessees in an aggregate amount of Eleven Million Dollars ($11 ,OOO,OOO.OO) (“Credit Facility”). The amount of the Credit Facility can be increased by ten percent (10%). (ii) The Credit Facility will be allocated to each Lessee in the following dollar amounts: Lessee City of Carlsbad Additional RCS Agencies/Cities Total: Dollar Amount $3,235,478 $7.764. 22 $11 ,oo~ooo Each Lessee will have access to the Credit Facility solely for the acquisition of the equipment or services provided by Motorola, inc. or its contractors pursuant to the companion Communications System Agreement applicable to lessee. The minimum draw down is fifty thousand dollars ($50,000.00). Upon an Event of Default as described in Section 20 of this Lease, Lessor will have the right to terminate any unused portion of the Credit Facility. ’ (iii) Lessee will provide to Lessor upon each draw down against the Credit Facility the following documentation: I:; (cl Is tf”, (9) V-4 (1) Schedule A Schedule B Attorney Opinion Evidence of Insurance Certificate of Incumbency I.R.S. form 80386 or 8038GC Resolutions UCC-1 Financing Statement Statement of Essential Use/Source of Funds 3. EXPIRATION The total amount of the Credit Facility must be used no later than two years from the date this Lease is executed unless renewed by mutual agreement and amended hereto. 4. LEASE TERM The Lease Term for each Schedule A will be no greater than fifteen (15) years. 5 PRICING The interest rate for each Schedule A to the Lease will be established by taking ninety five percent (95%) of the fifteen year U.S. Treasury Bill as stated in the Wall Street Journ&. The interest rate will be determined upon execution of a Schedule A. I 1 O/29/96 t’ ? 6. RENT. Lt 3e agrees to pay to Lessor or its assignee ? Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 9 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. Notwithstanding anything to the contrary contained herein, the Lessee’s obligation to pay Lease Payments shall arise as and when units of Equipment are delivered to the Lessee in accordance with the companion “Communications System Agreement” applicable to said Lessee. Prior to the delivery of Equipment pursuant to the contract, Lessee shall have no duty to make Lease Payments hereunder. From and after the time of such delivery, Lessee’s obligation to pay Lease Payments shall be limited to Equipment delivered. 7. DELIVERY Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A (“Equipment Location”). 8. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to the contract (the “Contract”) covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor’s right, title and interest in and to this Agreement and the Equipment to an assignee (“Assignee”). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE “AS IS” AND “WITH ALL FAULTS”. LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 9. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee’s governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel this Lease under the provisions of this Section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the fiscal period in which such 2 1 O/29/96 termination occurs or the r, succeeding fiscal period thereafter, and \ nat it will not during the Lease Term give priority in the application of funds to any other functionally similar equipment or services. This Section will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended. 10. LESSEE CERTIFICATION.Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest pot-lion of the Lease Payments shall be excluded from Lessor’s gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the “Code”); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141 (a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its par-l, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. 11. SECURITY INTEREST. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in and to the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom: (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest to include a land lord and/or mortgagee’s consent and waiver with respect to the Equipment. 12. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 13. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor’s prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 14. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor’s prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 15. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor’s income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 3 1 O/29/96 i 16. RISK OFLO , DAMAGE; DESTRUCTION. Less Assumes all risk of loss or . damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 17. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor’s prior written consent, Lessee may self-insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Concluding Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or its assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 18. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys’ fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, possession, and use. . 19. ASSIGNMENT. Without Lessor’s prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee’s employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor’s right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from lime to lime promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. 4 1 O/29/96 After notice of sue. n assignment, Lessee shall name the Ass. .ee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor’s Assignee hereunder. 20. EVENT OF DEFAULT. The term “Event of Default”, as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after wriiten notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 21. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its opinion, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee’s expense, promptly return the Equipment to Lessor in the manner set forth in Section 9 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and (iv) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 22. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Concluding Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 23. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 24. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 25. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 5 1 O/29/96 26. DELIVERY C “ELATED DOCUMENTS. Lessee will er tie or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 27. ENTIRE AGREEMENT; WAIVER. This Lease, together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 28. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the d day of November ,lg 96 -. LESSOR: L Tile: Mayor Tile: Divisi Oti Gr3K#?Jk*& m 6 1 O/29/96 EXHIBIT A LESSEE: City of Carlsbad, California ADDRESS 1200 Carlsbad Village Drive Carlsbad, CA 92008 10/29/96 OPINION OF COUNSEL With respect to that certain Equipment Lease-Purchase Agreement dated 11115196 and Schedule A to the Equipment Lease-Purchase Agreement number 20691 dated 11/15/96 by and between Motorola, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (iii) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. \ \$jJ2-45~~5~ GG.& , Attorney for -bad, a Munjcipal Corporation 8 1 O/2 1196 ; I . SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT in the Lease and upon the terms set forth below, the following items-of Equipment Lease Number: 2069 1 This Equipment Schedule dated as of 9/11/96 is being executed by MOTOROLA, INC. (“Lessor”) and the City of Carlsbad, California (“Lessee”), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement dated as of 11/15/96 (“Lease”), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached equipment list. Equipment Location: Initial Term: 171 Months Commencement Date: November 6,1996 Lease Payments of $79,265.17 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: City of Carlsbad, California By: GEORGE SUTTLE, POLICE CAPTAIN Project Manager 29 I. , ‘) : I/ .r. S/l 8196 City of Carlsbad Dispatch Ccntcr and hllcrowavc System Equipment Summary: Carlsbad Dispatch Center Dispatch Console Equipment Backup Control Stations Dispatch Center Furniture & Accessories Console Interface Equipment Microwave System Microwave Equipment Total Equipment Cost Tax 7.75 % of Equipment Microwave Vendor Services Direct Services Detailed System Design Detailed Implementation Planning Microwave Procurement Support Mlcrowave Implementation Management Factory Staging Support ! Installation & Integration Optimization & Acceptance Testing System Documentation System Management Support Training & Support Program Management Project Administration Indirect Services Factory Staging & Implementation Services CCSI Factory Staging CCSI Factory Supplied Cabling Other Costs System Warranty Period Maintenance (Not Included) Training Freight Total Direct, Indirect and Other Costs System Grand Total Motorola Confidential and Proprfetary 180.211.62 16,174.14 74.501 .oo 36.095.30 178,925.98 485.908.04 37.657.87 94.060.00 146,460.OO 764.085.91 . . . II .y 9 CitY of Carkbad Dispatch Center Equipment Dispatch Ceder Equfpment Aem Qtv Nomenclature Description Dls&h Console Equipment 1 5 TDN9930 2 5 TDN1126 3 5 81809 3 a 5 K570AB 3 b 5 K704AA 3 c 5 K739 3d 5 K154AA 3 8 5 x211 4 5 TDN9931A 5 5 TDN9932A 7 5 BKN6170 8 1 B1811AC Ea 1 K565 8 b 1 K837-C 8c 1 x766 8 d 1 K995AD 8e 1 ~643~~ 8 f 6 K153AB 9 2 81426 10 4 81423 11 3 81442 12 1 81633 13 7 B184OA 14 1 Q3207 14 a 1 K756 15 1 81827 15 a 5 X291 15 b 7 x597 15 c 1 x299 15 d 1 X3OI 16 2 BLN7011A 17 1 Bl850-A 18 1 81814 19 1 B1813 20 1 81819 21 1 81402 22 1 B1792A 23 5 BON6412 24 5 BON6700 25 5 DQDCM3151 COMPUTER/~ 00 MHz/l 68 RAM/WINDOWS NT 17’ MONTTOR FOR ELITE OP POS. DESKTOP GOLD SERIES DESKTOP CIE INTERFACE HEADSET JACK Unit Price Total SECOND HEADSET JACK AUX SIGNAUNG INPUT W/PTT INPUT 100 FOOT STD CABLE (7 PAIR) WINDOWS INSTALLATION WINDOWS NT LICENSE UPGRADE TO ELITE WINDOWS NT WORKSTATION SOFTWARE ELITE UPGR TELEPHONE HEADSET INTERFACE CBL GOLD SERIES CEB (3 CARD CAGE) RS232 INTERFACE / OMI RELOCATOR EXPRESS SERVICE PLUS 3 CC ALIAS DATABASE MANAGER INTERFACE TRUNKED AIMIS ADE AEB-CEB Tl XBUS CH24 SIG 50 FOOT CABLE (25 PAIR) COMPARATOR INTERFACE MODULE DUAL RECEIVE INTERFACE MODULE AUXILIARY I/O INTERFACE MODULE DIRECT PHONE INTERCONNECT MODULE GOLD EASE INTERFACE MODULE SMART PHONE INTERFACE MODULE SHIP LOOSE BOX GOLD SERIES LICENSE MANAGER (FlASHKEY) GOLD CRT OPERATOR SOFTWARE LICENSE CONVENTIONAL CHANNEL SOFlWARE UCENSE TELEPHONE INTEGRATION SOFTWARE LICENSE SMARTZONE ANALOG CONSOLE SOFtWARE LIC GOLD TTMER LOGGING RECORDER INTERFACE - 8 TRACK GOLD CRT/ELITE OP SPARES GOLD SERIES SYSTEM SPARES (COIM) GOLD CEB SPARES - CONVENTIONAL CEB SINGLE POWER SUPPLY SPARES AIMI SPARES DIGITAL CALL CHECK - OPERATES FROM SCRN ADD 10 MIN TO CALL CHECK MEMORY (20 MIN) 24’ DONCO Transmit Footstitch 4338.00 990.00 6228.00 158.40 158.40 54.m 74.16 432.OJ 30.96 306.03 87.84 19872.00 214.56 1072.80 72O.a) 7880.05 0.00 53.28 lC4l.cO 662.40 889.20 1148.40 558.80 864.m 12.96 100.03 3500.00 2oo.al 1m.m 5m.m 64944 5771.52 1957.68 3240.00 2168.64 2741.04 3442.81 4555.80 1479.60 406.80 2 1690.00 4950.00 31140.00 792.00 792.00 27O.oc) 370.80 2160.00 154.80 1530.00 439.20 19872.00 214.56 1072.80 720.03 7880.05 O.CJZl 319.68 2088.00 2649.60 2667.60 1148.40 398 1.60 864.m 12.96 loO.cO 17m.00 14oo.CU loO.CIl 5m.m 1298.88 5771.52 1957.68 324O.CO 2168.64 2741.04 3442.81 22779.CU 7398.00 2@34.cxJ 180211.62 Page I 9/l I/% 3( ,, .’ :.,‘ ) -L cay of carlsbad Console lntetfaca Equipment Console lntedace Equlpment kern Qty Nomenclature Description Unit Price Total 1 2 TDN1128A BITRUNNR BASE UNIT 2245.50 4491 al 2 1 TON1 105A 3 8 TDN1114A 4 2 TDN I 13OA 5 1 DSPREM8918 6 2 DSPREM8902 7 1 DSPREM8904 8 1 DSPREM8920 9 2 DSPREM8801 10 1 DSPREMBUIO 11 4 DSPREMB 11 12 1 DSPREM8118 13 1 DSPREM8129 14 1 MWQGN6428 15 1 DSPREM82 12 16 2 TDNll27 17 1 81827 17 a 5 X472 12 PORT HUB HUB CABLES SYNC CABLE UNIVERSAL ENCLOSURE DC POWER SUPPLY -48VDC RING GENERATOR INTERFACE CARD W/2400 B MODEM CPU CONTROL CARD W/CROSS CONN DUAL Tl/El LINE INTERFACES DSX/CEPT PLUGIN MODULE 8 PORT 4 WIRE E&M/TO 8P, 2W. 600 OHM FXS/FXSDN/P!AR/DPO FUSE ALARM PANEL 2 PORT HSU V.35 CARD 1 PORT SYNC CARD GOLD SERIES LICENSE MANAGER (FLASHKW ELITE OPERATOR SOFTWARE 1003.50 30.60 18O.cO 1350.00 1125.00 4xl.ca 2025.00 5052.50 1912.50 562.E0 1350.00 1462.50 607.50 1633.50 99o.al 100.00 5uJ.aJ 1003.50 244.80 36o.al 1350.00 2250.00 450.03 2025.00 10125.CCl 1912.50 2250.00 1350.00 1462.50 607.50 1633.50 1980.00 loO.CO 25oo.cu 3609530 Page 1 9/l 1196 3= Cify of Carlsbad Microwave Equipment List Mlcrowave Equipment Product Item Qty Type Product Number Description DIgItal MCIU wave Rado Spur IO.6 GM Unit Price Total 1 2 DRP 2 2 DRP Service Channel 3 1 DAE Supervkory Alarm/Control 4 1 Moscad F&O0 4a 1 Moscad VC51 Moscad Wall Mount MU. Less radio, less Radio Interface. Installation Manual 3 amp AC power supply and 5 AH battery backup 1681.30 Moscad 19’ Rack Mount Configuration O.CfJ Replace standard d-slot MB with (4CPU + 4 I/O) MB 17o.al Delete Power Supply, 5AH battery and 2nd 1Q backplane -280.50 Add Moscad CPU 300 1132.20 Add Async RS232 interface (one per CPU required) 131.75 1681.30 0.00 4b 1 Moscad V369AA 17o.aJ 4c 1 Moscad V274AG 4d 1 Moscad V425AB -280.50 1132.20 4e 2 Moscad V345 263.50 4 f 1 Moscad V115 4g 1 Moscad V516 Digital Input Module. 16 inputs/2 counters consisting of 12 form A and 4 form C relay output closures 244.80 437.75 244.80 437.75 5 1 Moscad FKN440IA RS485 CPU Interconnect Cable 12.75 12.75 10.6 15 Gtiz Antenna System 6 2 PDX P2-105Ai352513 7 4 PDX 190DE/CPROOG 8 2 POX 5x01-90 9 2 PDX wFTP9@-24-105 10 235 PDX EW90 11 7 PDX 42396A-5 12 7 PDX 3 1769-5 13 7 PDX 31768A 14 6 PDX 204989-32 15 2 PDX 29958 16 2 PDX 48939-w 17 2 PDX 48940-4 18 2 PDX 31771-6 2’ Standard Antenna e/w Radome Connector, Standard Presssure Window Rex Twist Waveguide (2 ft.) Elliptical Waveguide (per foot) Hanger Kit (10 per kit: 4 ft spacing) Hartiware Kit (3/4’ long) Angle Adapter Kit (10 per kit) Grounding Kit (with field Attachment Lug) Hoisting Grip Waveguide Boot (5 inch) Feed-thru Plate (4 Openings) Threaded Rod Support (5 per kii: 2 feet) 1862.69 3725.37 386.57 1546.27 68.66 137.31 516.42 1032.84 19.40 4559.70 53.73 376.12 17.91 125.37 86.57 605.97 !ixz? 331.34 53.73 107.46 !I] 4i 264% .!02.97 528.36 150.75 301.49 i?essurlzation Equlpmen# 19 1 PDX MTGO-101 Chargers Dehydrator e/w Low Pressure Alarm (wall mow 3205.97 CHARGERS ( 1+ 1 Redundant) 3205.97 20 1 PDC A36F-2048V-Al Battery P/ants Terminal HP (MHSBI e/w 4 DS I 69338.81 138677.61 Ml-2 Unit 864.18 1728.36 DVS-II - Terminal or 2-Way; e/w handset 3735.82 3735.82 Input: Single Phase 120VlbOHr Output: 48VDC: Rack 7.5 height x 23’ width: Seismic Zone 4 Rack (7.5’ height x 23’ width): Gound Bar: Lug Kit; Battery Disconnect Panel: Equaliie Timer; Breaker Panel. Output 20 Amps 9182.09 9182.09 (Includes Seismic Zone 4 Modular Steel Trays) 21 1 PDC 5OAO5 GNB 105 AH Battery Plant 5153.73 5153.73 Mlcrowave Equipment Total 178925.98 Page I Of I I/% 3? Cif~ of Co&bad Microwave Equipment List 22 SYSTEMS AND APPLICATIONS ENGINEERING 220 1 SNA Applications Engineering 22b 1 SND Drafting 22c 1 SNS Systems Engineering 23 23a 1 SMI 23b 1 SMC 24 TRANSMISSION ENGINEERING 24a 1 SM Transmission Engineering 25 PROGRAM MANAGEMENT AND INSTALLATION 25a 1 SNP Program Management 25b 1 SNE Project Engineering 25 c 1 SNI field Engineering 25d 1 PDK Vendor Services 26 26a 1 26b 1 26c 1 986.57 986.57 1053.73 1053.73 68.66 68.66 FACTORY INTEGRATION AND SYSTEM TEST SPIQ SIPQ Customer Acceptance Support 8083.58 8083.58 179.10 179.10 2352.24 3844.78 3844.78 3682.09 3682.09 17064.18 17064.18 25435.82 25435.82 FREIGHT ’ FREIGHT TO HARRIS FARINON/VENDOR Freight for Rectifiers/Chargers to Vendor FREIGHT TO SITE 8547.76 Freight for Antennas to Carlsbad 14850.75 Rack freight for equipment to San Diego 7910.45 MIcrowave Services Total 2352.24 8547.76 14850.75 7910.45 94059.70 Microwave System Total 272985.68 Page 2 9/i 1/% -_ City of Carlsbad Schedule B Lease Number: 20691 Payment Number Payment Date Payment Amount Interest Amount Principal Amount Remaining Balance Concluding Payment 2 3 4 5 6 7 8 9 10 11 12 13 14 15 z/1197 $79,265.17 $12.566.60 $66,69&57 z/w98 $79,265.17 $48.1 is.73 $31,145&i 2/1/99 $79,265.17 $45.970.69 $33,294.48 2/l/00 $79,265.17 $43,673.37 $35,591 .a0 2/l/01 $79,265.17 $41,217.54 $38,047.63 2/l/02 $79.265.17 $38,592.25 $40,672.92 2/l/03 $79,265.17 $35,785.82 $43,479.35 2/l/04 $79,265.17 S32,785.74 $46,479.43 2/l/05 $79,265.17 $29,578.66 $49.686.51 2/l/06 $79,265.17 $26.150.30 $53.114.87 2/l/07 $79,265.17 $22,485.37 $56,779.80 2/i/08 $79,265.17 U&567.56 $60,697.61 2/l 109 $79,265.17 $14,379.43 S64,885.74 2/l/10 $79,265.17 $9,902.31 $69.362.86 2/l/11 $79.265.17 $5.116.27 $74,148.90 9764,085.si $697,387.34 $666,241 .QO $632,947.42 $597,355.62 $559,307.99 $518,635.07 $475,155.72 $428,676.29 $378,989.79 $325874.91 $269,095.11 $208,397.50 $143,511.76 $74,148.90 $0.00 Totals Si,iaa,977.55 $424,891.65 $764,085.99 Initial Insurance Requirement: $764,085.90 Except as specifically provided in Section Nine of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: City of Carlsbad, California anager $732,256.71 $699,553.99 $664,594.79 $627,223.40 $587,273.39 $534,194.12 $489.4io.39 $441.536.58 $390,359.48 $332,392.41 $271,7a6.06 $208,397.50 $143,511.76 $74,148.90 $0.00 CERTIFICATE OF .INCUMBENCY 1, KAREN R. KUNDTZ (Secretary/Clerk of City of Carlsbad) do hereby certify that I am the duly elected or appointed and acting Secretary or Clerk of City of Carlsbad an entity duly organized and existing under the laws of the State of California that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Number 2069 1 dated 11/15/96 , and that certain Schedule A number 20691 between the City of San Diego and Motorola, Inc. Name CLAUDE A. LEWIS (Person executing Lease) Title Mayor IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Carlsbad hereto this 15th day of November , 1996. City Clerk City of Carlsbad a d SEAL STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of the City of Carlsbad? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Lessee: City of Carlsbad, California By: GEOR TTLE, POLICE CAPTAIN Its: Project Manager Date: November , 1996 EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 2069 1 dated 11/ 15 / 96 to that certain Equipment Lease Purchase Agreement number 2069 1 dated 11/X / 96 will be maintained by City of San Diego as stated in the Equipment Lease Purchase Agreement. This insurance shall name MOTOROLA, INC. or its assignee as additional insured and loss payee for the term of the Schedule A number 20691 dated 11/15/96 . This insurame is provided by: Name of insurance provider Address of insurance provider City, State and Zip Code Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 2069 1, City of Carlsbad hereby certifies that following coverage are or will be in full force and effect: Type Amount Effective Expiration Date Date Policy Number Fire and Extended Coverage Property Damage Public Liability Lessee: City of Carlsbad, California Insurance Provider: By: By: Its: Its: Date: November , 1996 Date: . , - +mn 8038-G qev. my 10931 Oecmmenr cd me Treasury Internal Revenue Sewce information Return for Tax-Exempt Governmental Obligations b Under Internal Revenue Code sectton 149(e) l See separate Instructions. (Use Form 8038-GC If the Issue pnce IS under $100.000.) OMB No 1515.0720 Reporting Authority If Amended Return, check here b 11 1 Issuer s name 2 Issuer s employer fdentlflcation number City of Carlsbad 3 Number and street (or P.O. box If mail IS not deltvered to street address) Roomisulte 4 Report number 2560 Orion Way -. ;- 9 - 5 City. town. state, and ZIP coae 6 Date of Issue Carlsbad, CA 92008 7 Name of Issue 6 CUSlP Number mype of Issue (check applicable box(es) and enter the issue price) . . 9 0 Education (attach schedule-see instructions) ................. 10 q Health and hosprtal (attach schedulesee instructions). ............. 11 0 Transportation . . . , . . . . . . . . . . . , . . . . . . . . . . . 12 a Public safety. . . . . . . . . , . . . . . . . . . . . . . . . . . . 13 17 Environment (including sewage bonds) . . . . . . . . . . . . . . , . . . . 14 q Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Cl Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 q Other. Describe (see Instructions) b 23 Proceeds used for bond issuance costs (including underwriters’ discount) . 24 Proceeds used for credit enhancement . . . . . . . . . . . . 25 Proceeds allocated to reasonably required reserve or replacement fund . . 26 Proceeds used to refund prior issues . . . . . . , . . . . . 27 Total (add lines 23 through 26) . . . . . . . . . . , . . . . . . . . . . . . 271 N/A 28 Nonrefunding proceeds of the issue (subtract line 27 from line 22 and enter amount here). , . 28 ) N/A m . . Description of Refunded Bonds (complete this part only for refunding bonds) 29 Enter the remaining weighted average maturity of the bonds to be refunded . . . . . . b N/A years 30 Enter the last date on which the refunded bonds will be called . , . . . . . . . . . ä N/A 31 Enter the date(s) the refunded bonds were issued b N/A Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue . . . . . . . . . . b N/A 33 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(i)(M) (small issuer exception) . . . . . . . . . . , . . . . . . . , . . . . . , . . . . b N/A 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units b N/A b If this issue is a loan made from the proceeds of another tax-exempt issue, check box b 0 and enter;he;ame of the issuer b and the date of the issue b 36 If the issuer has elected to pay a penalty in lieu of rebate, check box . . . . . . b c] N/A 1 Under penalties of pequry, I declare that I have examcned thls return and accompanying schedules and statements. and IO the best Of my knowledge and belJ. they are true, correct. and complete. Please Sign Here 4/s’-9L GEORGE SUTTLE, Police Captain Signature Date Type or print name and title - For Paperwork Reduction Act Notice, see page 1 of the Instructions. Cat. NO. 637-m Fom, 8038-G (Rev. s-93) ‘u.s.QowmumPrhttngoftka lss3-sws4iBolxI 3‘ I - “LOIDEI) F”oM STATE OF CALIFORNIA p;$g-~ $. 1 n =- UNIFORM COMMERCIAL CODE - FINANCING STATEMENT - FORM UCC-1 (REV. l/1/91) mn Pnw,>. _._.” -..__- aNOK& MN. I‘303 e (61.2, .a-1713 IA. 3RTANT-Read instructions on back befor\ .rling out form - - - This FINANCING STATEMENT is presented for filing and will remain effective with certain exceptions for a period of five years from the date of filing pursuant to section 9403 of the California Uniform Commercial Code. 1. DEBTOR (LIST NAME FIRS-IF AN ,ND,“,DU*L, I A. SOCIAL SLCURII” OR FEDER*L TAX NO. City of Carlsbad 18. MAILING ADDRESS IC. CITY. STATE 1 D. LlP CODE 2560 orinnv Carlsbad, CA 92008 2. ADDITIONAL DEBTOR (IF ANY, (LAST NAME FIR,ILIF AN lNDwlDU*L, 2A. SOCIAL CEC”R~TY OR FLDERAL TAX NO. 2% MAILING ADDRESS 2c. CITY. STATE 2D. ZIP CODE 3. DEBTOR’S TRADE NAMES OR STYLES ,IF*N*, 3A. FEDERAL TAX NUMBER 4. SECURED PARTY NAME Motorola, Inc. M*ILING*DDRLSS 1307 E. Algonquin Road C,TY Schaumburg STATE IL 5. ASSIGNEE OF SECURED PARTY (IF ANY, N*MS 4A. SOC,AL SECUIIIY “0 IEDL~LL TAX wo OR lAWI 111"51T AWD A I A. no. ZIPCODE 60196 5A. SOCIAL SEC”“,,” NO FEDE”&L T&I: no 01 I*** T”*nSlT IlID A m A. wo. YAlLlNG ADoRLs* ClTY sr*Te ZIP CODE 6. This FINANCING STATEMENT covers the following types or items of property (include description of real property on which located and owner of record when required by instruction 4). Refer to the attached equipment list. 7. CHECK IF APPLICABLE - 75. DEBTOR(B) SIGNATURE NOT REQUIRED IN ACCORDANCE WITH PRODUCTSOFCOLLATERAL INSTRUCTION 5(a) ITEM: AREALSOCOVERED j-J(l) U(2) O(3) O(4) 3’ :~:::,,,A,~ j 0 DEBTOR IS A “TRANSMITTING UTILITY” IN ACCORDANCE WITH UCC 8 9105 (0 (n) alifornia DATL' TYPE OR PRlNt NAYC,S, OF OLSTORtS, b sIONAT”RE,*, OF Icc”RLO CARTY,ILS, TVPE OR PRINT N*YLt*, OF ,LC”RLD PARTY,IES, 1 1. Return copy to: NAME r ADDRESS CITY STATE ZIP CODE /- 1 -I FORM “CC-I- Approved by the Secmtmry of State c 0 D E - 1 2 3 4 5 6 7 6 s 0 10. THIS SPACE FOR USE OF FILING OFFICER (DATE. TIME. FILE NUMBER AND FILING OFFICER) - -. San Diego Coun’“- Imperial County Regional Communications System 9335 Hazard Way, Suite 105, San Diego, California 92123 Phone (619)694-3663 Fax (619)694-3433 PAGE 1 OF 2 ENCUMBRANCE Date: October 31, 1996 VENDOR NAME: MOTOROLA, INC. DESCRIPTION OF WORK: Purchase of equipment for the 800 Mhz Dispatch Center and Microwave System for the City of Carlsbad. See attached Schedule A of the Equipment Lease-Purchase Agrement Lease No. 20691 for the amount of $764,085.91 with the equipment list. $ AMOUNT: TASK: $79,265.71 531 PROJECT COMPONENT: User Equipment ORG: 8651 ACTIVITY: KK5015 P.O. # : N/A ACCOUNT # CONTRACT #: WORK AUTHORIZATION#: 2315 Lease no. 20691 N/A SIGNATURE Contracting Officer’s Curt Munro, Project Manager Technical Representative Dept. of Information Services li?&fLY- “7; -3 / -9-6 RCS Board of Directors Chief Dennis Van Der Maten Carlsbad Fire Department Participating Agency Name: Jim Elliott Authorized Representative Title: Director of Finance City of Carlsbad ___________________ -- _______________________________________ Board of i i i Directors ________________ -- ______-------_______--------------- ----- Chief Dennis VanDerMaaten, Carlabad Fire Depart mnet Chief Roger Pwdie, b%istn Fire Department - Chief Rolrer~ Vi, G&bad P&x Deportment Comm,nLr Tom zon, San D+o Count, Sheriff’ I)epartment Dan E&r/L, executiw Director, San Diqo County Ofice of Dkuter Prepa&ea~ ChiefDarr~Jobes, East County Fire Protection District - Chief E tin Wib, Ran& Saute Fe Fire Protection District Lorry Jacbxm, Heartbnd Commutaicattins Fuikty AuthorityChief Ha&f Feueretein, eI Centre Fire Deportment - Chief Harold ( 7a rt er, El Centre P&x Deprtment - Capt& Ernie Menab, Imperia/County She&H &p&mat Dave &chett, Ofice ofthe ChiefAdministrrrtive Of&v, County oflmptiai - Dan /oh naon, Cal$wnia IIqxwtmetrt o f Transportation t c 0 M MOTOROLA Credit Corporation February 11, 1997 Captain George Suttle City of Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008 Re: Equipment Lease Purchase Agreement Dispatch CentedMicrowave System Dear Captain Suttle: Enclosed please find a Certificate of Incumbency in connection with the Equipment Lease Purchase Agreement dated November 15, 1996. ,Your execution of the Schedule A to the Equipment Lease Purchase Agreement on the City’s behalf requires your signature on the Certificate of Incumbency. Please sign the certificate where indicated and forward to Ms. Karen Kundtz for her signature. Once complete, please forward the certificate to my attention at the following address: Motorola, Inc. Attn.: Dave Peterson ’ 1307 E. Algonquin Road Schaumburg, IL 60 196 Thank you for your cooperation. Please feel free to contact me at (847) 725-4385 if you have any questions. Regards, Motorola, Inc. Financing Manager cc: Ed Walencikowski ,:$(;I , ,;,,, ,‘~!,:*,v;, ,’ )‘I ‘,’ 1 J,,,, I,:;.!, ” ,1,/ I I ‘,!‘#1> :!i!i)O) :>47 “iAl> CERTIFICATE OF INCUMBENCY I, Karen R. Kundtz do hereby certify that I am the duly elected or appointed and acting Secretary (Secretary/Clerk of the Lessee) or Clerk of City of Carlsbad an entity duly organized and existing under the laws of California that I have custody of the records of such entity, and that, as of the date hereof, the individual named below is the duly elected or appointed officer of such entity holding office set forth opposite of his respective name. I further certify that (i) the signature set opposite his respective name and title is his true and authentic signature and (ii) such officer has the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Number 20691 dated November 15, 1996, and that certain Schedule A number 20691 between the City of Carlsbad and Motorola, Inc. Name Title Signature , George Suttle Police Captain/Project Manager IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Car! sbad, Ca1iiorni.a hereto this 14th day of February , 1997. By: 5iifgGc= KAREN R. KUNDTZ, A sistant City Clerk SEAL EXHIBIT C TO MOTOROLA AGREEMENT DATED NOV 15 1996 San Diego County - Imperial County City of Carlsbad Dispatch Center and Microwave System 0 M MOTOROLA Communications and Electronics Inc. June 6,1996 Captain George Suttle Police Department City of Carlsbad 2560 Orion Way Carlsbad, CA 92008 Dear Captain Suttle: Motorola is pleased to present our response and proposal to your request for new dispatch center and microwave system equipment and services for the City of Carlsbad. The system design and equipment offering is a result of numerous - meetings with you and your staff to determine the latest state.of the art radio -dispatching equipment which will operate your existing and future I83 system communication requirements. The project overview, equipment descriptions and statement of work included as part of our proposal describes in further detail the system proposed to the City of Carlsbad. Motorola understands that the City of Carlsbad is a lead member of the RCS and, therefore, Motorola has extended similar equipment models, pricing & services as those we contracted for in the agreement between Motorola and the RCS on December 29,1995 to the City of Carlsbad. It is our understanding that the City of Carlsbad will enter into a lease purchase agreement with Motorola as part of the proposed master lease purchase agreement proposed to the RCS. The sample equipment lease agreement has been included for your review. Also enclosed are detailed equipment price sheets and a system equipment summary We appreciate the opportunity to submit our proposal to the City of Carlsbad and look forward once again to working with you on this project. Sincerely, Motorola, Inc. Ernie Tate Vice President, Western Division Western Division 9980 Carroll Canyon Road. San ihego. CA 92131 (619) 578-2222 l-8CO-4453620 City of Carlsbad Dispatch Center and Microwave System Table of Contents TABLE of CONTENTS 1. PROJECT OVERVIEW 1 1.1 Dispatch Ceder Overview 1.1.1 Major System Components 1.1.2 Carlsbad Dispatch Center Configuration 2 2 2 13 Microwave Overview 4 2. PROJECT IMPLEMENTATION PLAN 5 2.1 Imph?xndaHon Phases 2.1.1 Dispatch Center Equipment Factory Staging Phase 2.1.2 Dispatch Center Equipment Initial Installation and Integration Phase 2.1.3 Dispatch Center Equipment Initial Optimization Phase - 2.1.4 Dispatch Center Equipment Initial Acceptance Testing Phase 2.1.5 Conditional Acceptance Milestones - Beneficiai Use 2.1.6 Microwave System Implementation Phase 2.1.7 Dispatch Center Equipment 800 MHz Cutover Instailation and Integration Phase 2.1.8 Dispatch Center Equipment 800 MHz Cutover Optimization Phase 2.1.9 Dispatch Center Equipment 800 MHz Cutover Acceptance Testing Phase 2.1.10 Final Acceptance Milestones by Subsystem 2.1.11 Operator Training 2.2 Project Timeline 12 2.3 Dispatch Center Equipment Responsibly Matrix 13 2.3.1 Site and Building Responsibilities 14 2.3.2 System Implementation Responsibilities 15 2.3.3 System Acceptance Responsibilities 16 2.3.4 General Project Responsibiities 17 2.4 Microwave Responsibility Matrix 18 2.4.1 Microwave Project Responsibilities 18 2.4.2 Transmission Engineering 19 2.4.3 Civil Engineering 19 2.4.4 Towers/Tripod/Foundation 19 2.4.5 AntennaNaveguide System 20 2.4.6 Shelters/Structure/Foundations 20 2.4.7 Drawing Requirements 21 2.4.8 Project Engineering Requirements 21 2.4.9 Equipment Installation 22 25 system Documentation 23 25.1 As-Built Drawings 23 2.5.2 As-Built Information 23 2.5.3 Standard Equipment Manuals 24 6 6 7 8 9 9 9 10 10 10 11 11 6W96 Page i - -. City of Carlsbad Dispatch Center and Microwave System Table of Contents 2.6 Installation Standards 25 2.7 Trafning Plan 2.7.1 Training Course Descriptions 2.7.1.1 RCS System Overview 2.7.1.2 Mobiles, Portables, Control Stations, and Digital Desksets 2.7.1.3 CENTIWCOM Dispatch Operator Training - Phase I 2.7.1.4 CENTRACOM Dispatch Operator Training - Phase II 2.7.1.5 Data System Overview 2.7.1.6 Mobile Data Terminals 2.7.2 Video Taping Course Presentations 2.8 Acceptance Test Procedures 2.8.1 Dispatch Console Equipment ATP - Initial Configuration 2.8.1.1 Footswitch & Mouse Operation 2.8.1.2 Conventional Channel Selection and Call 2.8.1.3 Transmit and Receive Audio 2.8.1.4 Intercom 2.8.1.5 RadioK’elephone Headset Interface 2.8.1.6 Volume and Muting 2.8.1.7 Multiselect 2.8.1.8 Console Priority 2.8.1.9 Conventional Patch 2.8.1.10 Alert Tones 2.8.2 Dispatch Console Equipment ATP - Final Configuration 2.8.2.1 Footswitch & Mouse Operation 2.8.2.2 Trunked Console Talkgroup Selection and Call 2.8.2.3 Console Busy Indication and CaU Back 2.8.2.4 Multigroup or Announcement Group Call 2.8.2.5 Emergency Alarm Display Processing 2.8.2.6 Transmit and Receive Audio 2.8.2.7 Intercom 2.8.2.8 Radioflelephone Headset Interface 2.8.2.9 Volume and Muting 2.8.2.10 Multiselect without Group Regrouping 2.8.2.11 Multiselect with Group Regrouping 2.8.2.12 Console Priority 2.8.2.13 TaIkgroup Patch 2.8.2.14 Talkgroup Patch without Group Regrouping 2.8.2.15 Alert Tones 2.8.3 Microwave Equipment ATP 2.8.3.1 Factory Acceptance Test Plan 2.8.3.2 Field Acceptance Test Plan 26 27 28 28 28 28 28 29 29 30 32 33 35 37 39 41 43 46 48 49 51 53 54 56 58 60 62 64 66 68 70 73 75 77 78 80 82 84 84 87 2.9 Certificate of Final System Acceptance 89 3. SYSTEM DRAWINGS 90 4. SYSTEM DESCRIPTIONS 91 6w96 Page ii City of Carlsbad Dispatch Center and Microwave System Table of Contents 4.1 Dispatch Center Equipment System Description 92 4.1.1 Dispatcher CRT Consoles 93 4.1.2 Trunked Console Features 96 4.1.2.1 Footswitch and Mouse Gperation 96 4.1.22 Trunked Talkgroup Selection and Call 96 4.1.2.3 Console Busy Indication and Call Back 96 4.1.2.4 MultiGroup or Announcement Group Call 97 4.1.2.5 Emergency Alarm Display 97 4.1.2.6 Multiselect with Group Regrouping 97 4.1.2.7 Console Priority 98 4.1.2.8 Talkgroup Patch 98 4.1.3 Central Electronics Bank 98 4.1.4 Office Style Furniture 99 - L 4.2 Microwave System Description 101 4.2.1 Microwave Radios 101 4.2.2 DVIvllO-8T 101 4.2.3 Antenna and Transmission Lines 102 4.2.4 Power Systems 103 4.3 PREMISYS lMACS/o Channel Banks 4.3.1 chassis 4.3.2 Redundant CPU/Power Supplies and WAN Cards 4.3.3 CPU card 4.3.4 Power Supply 4.3.5 Ring Generator 4.3.6 WAN Card 4.3.7 Iilterfm card 4.3.8 Nodal Port 4.3.9 Control Terminal Port 4.3.10 User Cards 4.3.10.1 SRU Cards 4.3.10.2 E&M Card 4.3.10.3 HSU Card 104 104 104 106 106 106 106 106 106 107 107 107 107 107 5. EQUIPMENT LISTS 108 5.1 Dfspatch Center Equipment 109 53 Console Interface Equipment 111 53 Microwave Equipment 112 City of Carlsbad Dispatch Center and Microwave System Project Overview 1. PROJECT OVERVIEW This document describes the scope of a new dispatch center and microwave link for the City of Carlsbad to interface with the new Regional Communications System (RCS) which will be implemented over the next two years. The dispatch center and RCS will support public safety and public service communications for the City of Carlsbad, as well as most of the cities and county agencies throughout San Diego County. - The City of Carlsbad has provided a leadership role in moving the RCS from a concept to a reality. The radio users and dispatchers within the City of Carlsbad will soon be able to communicate among themselves and with neighboring agencies through the RCS infrastructure. The implementation of new state-of-the- art dispatch center equipment and a high speed digital microwave link to integrate the dispatch information with the RCS infrastructure represents a major step towards the implementation of the RCS solution. The Solution - Regionaiized Communications with Local Control The RCS system solution will allow the City of Carlsbad to manage all their day to day business independently. Yet, in the event of a disaster or special event requiring cooperative effort, Carlsbad will, be able to communicate county-wide and on an inter-county basis with Imperial County on the RCS backbone. The RCS dispatch design which incorporates the Carlsbad dispatch center allows Carlsbad to provide on-going conventional communications and locally maintain the heart of their dispatch center electronics. This decentralized approach provides redundancy among the dispatch centers linked into the RCS infrastructure. It also allows for resource sharing, minimizing cost and system duplication among the participating agencies. The City of Carlsbad has participated as members of the RCS Board guiding decisions on a system-wide level and has also worked together with Motorola’s staff to develop a system design which will meet the needs of the City of Carlsbad both today and for the H-year useful life of the system. 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 1 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Overview 1.1 Dispatch Center Overview Radio dispatch and call taker positions will be located at the Carlsbad Safety Center. Workstation furniture is provided for the five dispatch and two call taker positions. 1.1.1 Major System Components The major system components of the dispatch center equipment include the following: - -. l Dispatcher CRT consoles l Central Electronics Banks (CEB) - Dispatcher CRT Consoles - The console interface electronics contains the select and unselect audio speakers with separate volume controls, built-in condenser microphone, radio and telephone input volume level controls, VU meter, and operator position console electronics, associated cables, and power supply. The operator controls the console system from a 2-button mouse, or keyboard monitor. Channel Control Windows (CCW) -The CCWs shown on the CRT will be used to monitor and control individual talkgroups, conventional radio channels, and other radio calls. The audio of a selected CCW is heard through the select speaker and the audio of all unselected CCWs is heard through the unselect speaker. Central Electronics Bank (CEB) - The CEB consists of card cages and power supplies mounted in 90-inch racks. The CEBs are remotely located from the dispatch operators. The card cages house the interface boards to the conventional base stations, interfaces for each of the dispatcher positions, voting comparator interfaces, and interfaces to the Embassy Audio Switch, located at San Diego County’s Primary Systems Center (PSC). 1.1.2 Carlsbad Dispatch Center Configuration Radio dispatch positions and call taker positions will be located at the Carlsbad Safety Center. A ‘I-pair cable connects the operator positions with the CEB. Workstation furniture will provide room for the CRT console equipment and call check equipment, as well as the existing CAD terminal, status terminal, CLETS terminal, and 911 hardware at each operator position in the communication center. 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 2 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Overview - Workstation furniture and multi-line call check recorders are provided for the call taker positions. Each position will have a desk-top call check remote controller. The CEB will be located in equipment room adjacent to the dispatch area. The CEB will interface to the Embassy Audio Switch redundant microwave link which will interface with the RCS microwave system at Lake San Marcos. The following table displays the conventional hardware requirements for the CEB, showing interface hardware for both long term conventional equipment and conventional equipment which will be utilized only until the migration to the RCS system. BIM# BIM #l BIM #2 BIM#3 BIM#4 BIM #5 BIM #6 BIM #7 USE PD PRIM BIM PD TAC BIM OPD BIM PUB WORKS BIM FTREBIM FD BIM Local SPARE 6/4/96 Motorola Confidential and Proprietary CSBD-MSTDOC Page 3 City of Carlsbad Dispatch Center and Microwave System Microwave Overview 1.2 Microwave Overview The Carlsbad .dispatch center will utilize the RCS Digital Microwave System, interfacing with *is system via a microwave spur into the RCS North Loop. This link will be between the Carlsbad Dispatch Center and the RCS Lake San Marcos site. This microwave link will integrate the Carlsbad dispatch center into the RCS dispatch and RF infrastructure. - -. The Carlsbad microwave spur will be implemented and tested as a part of the RCS microwave system. 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 4 City of Carlsbad Dispatch Center and Microwave System Project Implementation Plan 2. PROJECTIMPLEMENTATIONPLAN The project implementation plan defmes the work to be performed as part of this contract. This plan provides for the implementation of the City of Carlsbad dispatch center, related console interface hardware, and digital microwave spur into the RCS microwave system. The project implementation plan includes the project phases and timeline. Reference is made to equipment lists, and other sections of the Statement of Work to more specifically define the work to be performed. 614196 Motorola Confidential and Proprietary CSBD-MST.DOC Page 5 City of Carlsbad Dispatch Center and Microwave System Implementation Phases 2.1 Implementation Phases The project implementation plan is divided into the following phases and acceptance milestones which are briefly described in the following sections: 1. Dispatch Center Equipment Factory Staging Phase 2. Dispatch Center Equipment Initial Installation and Integration Phase 3. Dispatch Center Equipment Initial Optimization Phase 4. Dispatch Center Equipment Initial Acceptance Test Phase 5. Conditional System Acceptance Phase 6. Microwave Equipment System Implementation Phase 7. Dispatch Center Equipment 800 MHz Cutover Installation and Integration Phase 8. Dispatch Center Equipment 800 MHz Cutover Optimization Phase 9. Dispatch Center Equipment 800 MHz Cutover Acceptance Test Phase 10. Final System Acceptance Phase 11. Warranty Period Maintenance Phase 12. Operator Training Phase 13. Total System Acceptance Milestone 2.1.1 Dispatch Center Equipment Factory Staging Phase The dispatch center equipment and console interface equipment will be assembled and tested at Motorola’s Schaumburg, Illinois facility. The equipment will be initially configured and tested to operate as a part of the RCS infrastructure. It will then be m-configured and tested for conventional operation. The following information will be completed prior to the start of factory staging: 614196 Motorola Confidential and Proprietary CSBD-MST.DOC Page 6 City of Carlsbad Dispatch Center and Microwave System Implementation Phases l Final system drawings l Final equipment lists and processed factory orders l Console and field unit programming documentation l Rack elevation drawings l Room and rack layout drawings Factory staging tasks include: Equipment delivery scheduling and inventory Physical assembly and mounting of system components Precise measurement, cutting and connectorizing of cables and transmission lines Labeling and documenting all cables and transmission lines Integrating system components and software Configuration of equipment programmed parameters Adjustment and documentation of system levels Performing equipment and system tests. Developing system as-built documentation Factory tests of the system components will be conducted and the results recorded on standard factory test data forms, which will be included in the as-built system documentation. Factory acceptance testing will be performed to validate the system operation and specifications. The equipment will be approved by Carlsbad if the equipment and software is furnished and performs in accordance with the factory test procedures described in the Acceptance Test Procedures section. A Test Acceptance Certificate will be completed to certify that the equipment has been approved for delivery. 2.1.2 Dispatch Center Equipment Initial Installation and Integration Phase Upon completion of factory staging, the dispatch center equipment will be delivered and installed at the final equipment location. The equipment to be 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 7 City of Carlsbad Dispatch Center and Microwave System Implementation Phases installed will consist of CRT dispatch stations, furniture, and the Central Electronics Bank (CEB). This equipment will be configured to control Carlsbad’s existing conventional equipment, in parallel with the existing console currently used by Carlsbad. The operator positions and furniture will be put into service on an operator position by operator position basis. When all of the operator positions are interfaced to the RP equipment via the new CEB, the old equipment will be disconnected from the existing conventional systems. Carlsbad will be responsible for removing and storing the old console equipment, cables, and accessories. Carlsbad will also be responsible for storage space for RF interface equipment which will not be installed and operational until the cutover to the RCS. This equipment includes the channel bank, LAN hardware, bitrunnr, and hub. SmartZone digital 800 MHz trunked control stations which are intended to back up console operations in the event of console failure will be installed during the initial hardware installation, but remain unprogrammed until the cutover to the RCS. Delivery, installation, and integration tasks include: l Ship, inventory, and warehouse equipment l Deliver equipment to final equipment locations and inventory l Install racks and mounting hardware l Install cables and transmission lines l Connect equipment to site ground and AC power l Turn on equipment and perform equipment checks l Perform system integration tasks and system performance tests l Perform R56 site audits l Prepare as-built documentation 2.1.3 Dispatch Center Equipment Initial Optimization Phase Upon completion of the equipment installation and integration, system optimisation testing will begin. The dispatch center equipment optimization tasks include: 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 8 -. City of Carlsbad Dispatch Center and Microwave System Implementation Phases l Equipment configuration adjustments and checks l Verification of system operation including functional system performance l Finalize as-built documentation Existing RF equipment will not be modified or optimized under the scope of this contract. 2.1.4 Dispatch Center Equipment Initial Acceptance Testing Phase Upon completion of the equipment and system optimization, field acceptance testing will begin. Acceptance test procedures will be performed as defined in the Acceptance Test Procedures sections. _. Refer to the Dispatch Center Equipment ATP - Initial Configuration section for detailed ATP procedures. 2.1.5 Conditional Acceptance Milestones - Beneficial Use Upon successful completion and written approval of the dispatch center equipment acceptance test, conditional acceptance will be deemed to have occurred and a final acceptance period for each subsystem will begin. Upon conditional acceptance, Carlsbad may then begin beneficial use of the dispatch equipment The channel bank and other console interface item acceptance period will run concurrent with conditional acceptance of the dispatch center equipment in its final configuration. 2.1.6 Microwave System Implementation Phase Microwave implementation tasks include: l Factory staging and acceptance testing l Delivery to sites l Antenna install, test & align l Pressurization install & test l DC Power install 4% test l RF Equipment install, optimize & test 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 9 City of Carlsbad Dispatch Center and Microwave System Implementation Phases - -. l As-Built documentation 2.1.7 Dispatch Center Equipment 800 MHz Cutover Installation and Integration Phase Upon acceptance of the RCS 800 MHz RF infrastructure and microwave system by San Diego County, the RF infrastructure and remaining dispatch center equipment will be installed and the equipment programmed for its final configuration. The equipment to be installed will consist of the LAN to link the operator positions, AIM1 boards in the CEB, network hub, Bitrunnr, and Premisys channel bank This equipment will be configured to interface with the 800 MHz SmartZone system through the microwave. The existing conventional equipment will continue to interface to the operator positions until the it is taken out of service. Backup control stations will be programmed for operation on the RCS at this time. 2.1.8 Dispatch Center Equipment 800 MHz Cutover Optimization Phase Upon completion of the equipment installation and integration for final system configuration, system optimization testing will begin. The dispatch center equipment optimization tasks include: l Equipment configuration adjustments and checks 0 Verification of proper system performance over microwave l Equipment and system level programming optimization l Verification of subsystem operation including functional system performance l Finalize as-built documentation 2.1.9 Dispatch Center Equipment 800 MHz Cutover Acceptance Testing Phase Upon completion of the equipment and system optimization, field acceptance testing will begin. Acceptance test procedures will be performed as defined in the Acceptance Test Procedures sections. Refer to the Dispatch Center Equipment ATP - Final Configuration section for detailed ATP procedures. 614496 Motorola Confidential and Proprietary CSBD-MST.DOC Page 10 City of Carlsbad Dispatch Center and Microwave System Implementation Phases Acceptance milestones are defined as follows: - Dispatch Center Equipment Factory Staging Acceptance Microwave Subsystem Factory Staging Acceptance Microwave Subsystem Final Acceptance Channel Bank Equipment Final Acceptance Dispatch Center Equipment Field Acceptance Total System Acceptance, 2.1.10 Final Acceptance Milestones by Subsystem The final acceptance period is defined as the time period required to resolve all conditions not accepted at the time of conditional acceptance, i.e., completion of acceptance test. At the completion of the acceptance period for the final system configuration, final system acceptance will be deemed to have occurred. If there are no conditions at the completion of the acceptance test plan, both conditional and final acceptance will be deemed to have occurred. 1. 2. 3. 4. 5. 6. 2.1.11 Operator Training System level and operator level training will be conducted during the implementation, acceptance and warranty periods as required. (Refer to the training plan section.) 6/4/96 CSBD-MST.DOC Motorola Confidential and Proprietary Page 11 City of Carlsbad Dispatch Center and Microwave System Project Timeline . 2.2 Project Timeline The project phases and milestones will be completed in conformance with the implementation timeline. If necessary, the implementation timeline will be revised dependent upon the RCS implementation timeline. - 614196 Motorola Confidential and Proprietary CSBD-MST.DOC Page 12 City of Car&bad Dispatch Center and Microwave System Dispatch Center Equipment Responsibility Matrix 2.3 Dispatch Center Equipment Responsibility Matrix The following sections defme the responsibilities of the City of Carlsbad and Motorola for the scope of the entire dispatch center implementation. - 614196 Motorola Confidential and Proprietary CSBD-MST.DOC Page 13 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment Responsibility Matrix 2.3.1 Site and Building Responsibilities - - 1. Acquire all permits and licenses for the construction Carl&ad and operation of all sites, and provide all site improvements unless otherwise specified 2. Provide adequate access to ail sites Carlsbad 3. Provide adequate floor and waU space Carlsbad 4. Provide adequate tower space, antenna mounting Carlsbad structures, and cable support ladders 5. Provide required specifications and stress analysis for Carlsbad existing towers and retain responsibility for all tower design and integrity issues 6. Provide adequate cable ingress /egress through walls Carlsbad and between structures including any concrete coring or support structures 7. Provide cable trays and seismic support structures Carlsbad inside new and existing buildings B. Provide adequate primary aud back-up site power, Carlsbad circuit breakers, and AC outlets 3. Provide UPS and battery equipment as specified in the Carl&ad equipment lists LO. Provide adequate Heating, Ventilation, and Air Conditioning Carlsbad 11. Provide adequate ground system at all required C&bad locations, unless otherwise specified (R56 compliant) 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 14 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment Responsibility Matrix - 2.3.2 System Implementation Responsibilities 1. Engineer, furnish, and install the Carlsbad dispatch center system 2. Provide logging recorders 3. Provide required technical and operational information on existing systems 4. Temporary relocation of existing equipment in equipment room for dispatch center migration to new console equipment 5. Coordinate any work perfotmed by Motorola subcontractors 6. Coordinate any work performed by Carlsbad subcontractors 7. Develop and implement a &tailed operational cutover plan to minimize disruption to existing communications operations 3. Remove equipment, accessories, and cables taken out of service after migration to new cmsole Motorola Carlsbad Carlsbad Carlsbad Motorola carlsbad Motorola Carkbad . 6M96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 15 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment Responsibility Matrix - 2.3.3 System Acceptance Responsibilities 1. Install equipment at the sites and prepare Motorola inventory records for review by Carlsbad 2. Examine inventory records of equipment Carlsbad installed at sites and conditionally accept the equipment as delivered and installed 3. Optimize dispatch equipment and prepare. Motorola records for review by Carlsbad 4. Examine records of optimized equipment and Carlsbad - conditionally accept the equipment as operational 5. Perfoxm detailed acceptance test procedures Motorola and prepare records for review by Carlsbad 6. Participate in or review acceptance test Carl&ad records and issue a conditional acceptance 7. Resolve outstanding acceptance issues Motorola (punchlist) and prepare records for review by, Carlsbad 8. Participate in the resolution of conditional Carlsbad acceptance issues and issue final system aCCeptanU2 9. Upon final acceptance of all subsystems, sign Carlsbad the final system acceptance certificate 6W96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 16 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment Responsibility Matrix 2.3.4 General Project Responsibilities 1. Provide warranty services as provided for in Motorola this agreement 2. Provide maintenance services as provided for Motorola in this agreement 3. Provide all training as defmed in the detailed Motorola training plan I 5. Develop console programming templates I Carlsbadhfotorola I 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 17 City of Carlsbad Dispatch Center and Microwave System Microwave Responsibility Matrix 2.4 Microwave Responsibility Matrix This section describes the City of Carlsbad’s responsibilities regarding their microwave spur into the RCS. The RCS has accepted responsibility for the Lake San Marcos end of the spur regarding the various areas described in the following section. Carlsbad is entirely responsible for the Carlsbad Safety Center end of the spur. 2.4.1 Microwave Project Responsibilities 1. Obtain certified documentation for the microwave dish roof mount at the Carlsbad facility, veri@ing the mount has sufficient loading capacity for the microwave dish. Customer will be responsible for any public agency approvals or documentation required Carisbad 2. Provide staging warehouse and transportation of equipment from the warehouse to the Carlsbad site Motorola Carlsbad 3. Provide access to site to perform work in accordance with the project plan/schedule. Provide schedule of non- standard hours for work to be performed if required 4. Provide engineering support to Carlsbad personnel to Motorola bring the project to completion 614196 Motorola Confidential and Proprietary CSBD-MST.DOC Page 18 City of Carlsbad Dispatch Center and Microwave System Microwave Responsibility Matrix 2.4.2 Transmission Engineering - 1. Perform path feasibility calculations utilizing vendor Motorola specifications 2. Perfotm path survey to confm path reliability study RCS 3. Perform frequency coordination and prepam FCC license Motorola applications 4. Sign and submit FAA/PCC license applications. Remit Carlsbad all fees required for application and licensing - 5. Prepare, submit and file all necessary environmental Carlsbad impact data 6. Recommend and approve antenna sim, type and Motorola mounting height Civil Engineering 1. Provide and install waveguide entry port and necessary coring to roof top. Install cable trays as required Carlsbad 3. Provide site layout drawing Carlsbad 2.4.4 Towers/Tripod/Foundation 1. Tower grounding in accordance to EZRA specification- Carlsbad 222B to site ground at Carlsbad site 2. Provide roof top footing preparation and any necessary Carlsbad penetrations required for tripod or wall mount including adequate earth ground in accordance with E[A standard RS222P at Carlsbad site 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 19 City of Carlsbad Dispatch Center and Microwave System Microwave Responsibility Matrix - _ -. 2.4.5 AntemWWaveguide System 1. Install customer provided tower leg pipe mounta 2. Install microwave dish at Carlsbad site 3. Install waveguide hardware and ground kits at Carlsbad site 4. Terminate waveguide at Cdsbnd site 5. Install pressurization quipment 6. Pressure test waveguide 7. Orient and align microwave dish 8. Provide communications required for orientation/alignment of antennas (tower-to-ground, site- to-site) 2.4.6 Shelters/StructureA?ou~dations Carl&ad Motorola Motorola Motorola Motorola Motorola Motorola Motorola 1. Provide AC power complete with all breakers necessary Carlsbad for the installation of equipment at the Carlsbad site 2. Provide station, site grounding in accordance with &I- 222E!R56 standards Carlsbad 6W96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 20 - -. City of Carlsbad Dispatch Center and Microwave System Microwave Responsibility Matrix b 2.4.7 Drawing Requirements 1. Floor Plans I G&bad/Motorola 2. Rack Profile (FWL) Motorola 3. Block and Level (BL) Motorola 4. Equipment Wiring (EW) Motorola 5. Tl Routing Plan (CP) Motorola 6. System Layout (SL)) I Motorola - 2.4.8 Project Engineering Requirements 1. Installation specification to include installation detail Motorola and perform equipment Acceptance Test Plan (ATP) 2. Install DC cabling Motorola 3. provide Tl engineering and cabling per the Tl Routing Motorola Plan 4. Assist in developing alarm and control assignment plan Motorola 5. Provide engineering for commissioning and acceptance Motorola testing as specified 6. Provide as-built drawings I Motorola 6J4J96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 21 City of Carlsbad Dispatch Center and Microwave System Microwave Responsibility Matrix 2.4.9 Equipment Installation 1. Install and terminate DSl/Alarm cabling from supplied Motorola equipment to a wall mounted terminal block 2. Verify with customer liaison before connecting any new Motorola equipment to existing quipment 3. Mark-up any changes and/or omissions to drawings and Motorola specifications leaving marked copy on-site 4. Connect station/site ground to I-UP supplied quipment Motorola T&S 5. Temporary relocation of existing equipment in Carlsbad equipment room to provide space for new equipment 6. Equipment installation supervision Motorola 7. Field test all provided equipment in accordance to Motorola contracted obligations recording results on site-specific test data forms. Tests to be performed are indicated in the Acceptance Test Plan 6/4/96 . Motorola Confidential and Proprietary CSBD-MST.DOC Page 22 City of Carlsbad Dispatch Center and Microwave System System Documentation 2.5 System Documentation System documentation will consist of as-built documentation and standard equipment manuals. As-built documentation will consist of as-built drawings and other as-built system information necessary to properly install and maintain the system. 2.5.1 As-Built Drawings As-built drawings will be delivered at the completion of factory staging and subsystem acceptance. The as-built drawings will include: - -. l System block diagrams l Cabling diagrams l Wiring diagrams l Rack face elevations Drawings are created using Au&AD@ and typically consist of various “A,” “B,” or “D’-size drawings. 2.5.2 As-Built Information . Final versions of as-built information will be delivered at the completion of factory staging and subsystem acceptance and will consist of narrative information, charts, and lists; and will include: l Functional system descriptions l Cable lists and descriptions l System and equipment test results l Equipment programming parameters l Equipment inventory lists including serial numbers and installation location l Firmwate / Software inventory lists including version numbers and installation location 6/4/96 Motorola Confidential and Proprietary CSBD-MST.DOC Page 23 City of Carhbad Dispatch Center and Microwave System System Documentation 2.5.3 Standard Equipment Manuals Standard equipment manuals necessary to properly operate and maintain the systems shallbe provided. System documentation consists of a System Manual “As-Staged” which includes the following: - . . . . . . . . . . . Description of system functionality Programming templates Interconnection drawings Test results Standard System Feature/Functionality results Box test results from manufacturing line Manufacture’s Standard Operators manuals Interconnection cable description and inventory Printout of equipment parameters Inventory w/serial numbers & install reference Softwa&Firmwam version number 614196 Motorola Confidential and Proprietary CSBD-MST.DOC Page 24 . . City of Carlsbad Dispatch Center and Microwave System Installation Standards 2.6 Installation Standards System installations will be performed in conformance with Motorola R56 installation quality standard. The R56 standard is considered a minimum standard for the installation of RF and control center sites. - -- 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 25 Training Plan -. 2.7 Training Plan The training plan is intended to address the formal training requirements of the various individuals and groups within the City of Cat&bad accessing the RCS. The training plan describes the formal classroom style training courses to be provided by Motorola. Prerequisites for the technical training courses assume a basic knowledge of two way radio communications and basic computer skihs. Train- the-Trainer courses also assume that participants have the necessary skills and training to perform the training function. Training classes will be held at a Carlsbad provided location. The necessary test equipment and system equipment shall be made available for training use. - The training schedule is divided into two phases. Phase I will provide initial training for dispatch personnel when the Carlsbad dispatch center is brought on- line in its initial configuration. Phase II training is intended to train dispatch personnel and Train-the-Trainer course instructors. Phase II training for field units is referred to and described in this document, but is not part of this contract. Phase I training and Phase II classes for RCS System Overview and CENTRACOM Console Operator training are part of the services for this contract. Each course duration will be no more than a single day, with the date and location to be determined. CENTRACOM Console Operator Training includes an additional 8 hours of post training support, This support schedule will be agreed upon by Carlsbad and Motorola. Post training support will take place during normal business hours, Monday through Friday, 8 a.m. to 5 p.m. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 26 City of Carlsbad Dispatch Center and Microwave System Training Plan 2.7.1 Training Course Descriptions Operator training for the dispatch center personnel and voice system user equipment will enable the participants to operate the controls and interpret function and operation of all the indicators associated with the equipment The following table provides more specific information about each course. A brief course description of the training courses follows the table. Course 1 Students Location RCS System Overview 12 i Mobiles, Portables, Control Stations, Digital Desksets 12 CENTRACOM Dispatch 8 Operator Data System Overview 1 12 I Mobile Data Tetminals 12 Phase Carlsbad 1 PhaseII Carlsbad I Phase II 06/M/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 27 City of Carisbad Dispatch Center and Microwave System Training Plan 2.7.1.1 RCS System Overview This course will explain the RCS system from an operational perspective. This information will enable the trainers and dispatchers to understand and explain system operation to other non-technical user groups. Operation of the field units on the system will be covered. This course may be for system users or trainers. - -. 2.7.1.2 Mobiles, Portables, Control Stations, and Digital Desksets This class is intended as a Train-the-Trainer course. Participants will learn to create and produce unique user cards for the field radio unit operators. Operational tasks incorporated in the field units such as transmitting procedures, -~ switching talkgroups, and manipulating scan lists are covered. Allfeatures and functions in the unit’s system capability ate discussed. Field units include: l ASTRO Spectra Mobile l Spectra Motorcycle Radio l MCS 2000 Mobile l ASTRO SABER Portable l MTS2000 Portable l Spectra Desktop Station 2.7.1.3 CENTRACOM Dispatch Operator Training - Phase I Phase I CENTRACOM CRT console features and operation are covered as well as system related tasks including setting up patches and placing dispatch calIs. 2.7.1.4 CENTRACOM Dispatch Operator Training - Phase II Phase II CENTRACOM Dispatch Operator Training wi.lI cover CRT console configuration, features, and operation. Additionally, system related tasks including setting up patches, processing emergencies, and placing dispatch calls will be covered. 2.7.1.5 Data System Overview This course will explain the RCS data infrastructure from an operational perspective. This information will enable the trainers to understand and explain 06/M/96 Motorola Confidential and Pronrietatv CSBD-MST.DOC Page 28 Citg of Carkbad Dispatch Center and Microwave System Training Plan system operation to other non-technical user groups. Operation of the field units on the system will be covered. This course may be for system users or trainers. 2.7.1.6 Mobile Data Terminals This course will provide an overview of the mobile data system operation. Mobile data terminal features and functions will be covered for the following equipment: l 9100Mws l 91OOT l Forte l vRM600 2.7.2 Video Taping Course Presentations Course presentations maybe video taped by Carlsbad. Video taping may not disrupt the course presentation. Video taping is entirely the responsibility of Carlsbad. Motorola is not responsible for modifying its course presentations to accommodate video taping. 06/M/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 29 City of Carlsbad Dispatch Center and Microwave System Acceptance Test Procedures 2.8 Acceptance Test Procedures The following acceptance tests will be performed to demonstrate the functionality and operation of each subsystem. The subsystems include: l CENTRACOM Console l Microwave System Tests will lx modified as necessary to incorporate software/product or system changes that may occur before factory staging. - Quality standards for installation are outlined in the “Quality Standards FNC Installations” Manual (R.56). An R56 Compliance Audit has beeri?icluded as part of the test plan. The purpose of the R56 Compliance Audit is provide an audit form to monitor the work done at installation by Motorola, the City of Carlsbad, and other subcontractors. Objectives of Test The test formats provided in this document are designed to validate the technical specifications and functional capabilities (features) for the subsystems of the Carlsbad Dispatch Center and the microwave link into the Regional Communications System (KS). Dispatch console functions (features) will be tested for operation and performance according to the procedures indicated in the following sections. These tests will be performed at the factory staging facility and in the field as agreed upon. The features and configurations tested in the factory staging facility will conform to the final dispatch center configuration as a part of the RCS. Two sets of field tests will be performed, one to demonstrate the dispatch center’s function in its initial configuration controlling the existing C&bad conventional radio equipment, and a second set of field tests to demonstrate its functions in its fmal configuration as a part of the RCS. Functional verification for the dispatch console subsystem and associated RF infrastructure will be performed at the Customer Center for Systems Integration (CCSI) staging facility. Final Functional verification for subsystems will be 06Jo6/96 Motorola Confidential and Pronrietarv CSBD-MST.DQC Page 30 City of Carlsbad Dispatch Center and Microwave System Acceptance Test Procedures - performed when the specific subsystem field implementation stage is complete and the required technical specifications for equipment has been tested and recorded. Technical verification will be performed by Motorola during the implementation phase of the subsystem. Measurements will be annotated on the applicable test forms and be available for review by The City of Carlsbad. Carlsbad may verify and/or participate in any field testing performed. Conditions of test Functional Test teams will be made up of Carlsbad and Motorola Representatives. A “Pass” will be recorded for test results that meet the minimum requirement in the test procedure. Failure to meet the minimum requirement of the System will be recorded as a “Fail”. A single test failure within a group of tests will not require that all tests be rerun. The failed test situation will be remedied and the test rerun. A subsystem has passed the acceptance testing when all tests for that subsystem have been passed. Test Equipment Test equipment used to verify technical specifications will have current factory author&d calibration. Test equipment calibration data will be recorded in the Site Data Log during system optimization and testing. Motorola will provide all test equipment used for implementation and optimization with the exception of the test equipment supplied under the contract specifically for use in optimizing the system. M/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 31 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1 Dispatch Console Equipment ATP - Initial Configuration The following tests will be performed. The detailed procedure is provided in the following sections. 1. Footswitch and Mouse Operation 2. Conventional Channel Selection and Call 3. Transmit and Receive Audio 4. Intercom 5. Radio/Telephone Headset Interface 6. Volume and Muting 7. MultiSelect 8. Console Priority 9. Conventional Patch 10. Alert Tones 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 32 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.1 Footswitch & Mouse Operation Description The mouse is used to select console functions. In addition, the mouse button can be used as a P’IT which will allow the console operator to transmit on any selected channel. The foot switch has two pedals, both of which produce the same PIT. Setup - Setup a Console Operator Position with CCWs. One portable radio is needed, set on the console’s selected conventional channel. Test 1. Select a channel using the mouse. 2. While the console is monitoring the channel depress the transmit key on the mouse. 3. Verify that while the transmit key is depressed, the word “XMIT” appears below the channel name. 4. Verify that audio from the operator is heard on the portable radio. 5. Depress the left P’IT on the foot switch. 6. Repeat steps 4 and 5. 7. Depress the right PTT on the foot switch. 8. Repeat steps 4 and 5. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 33 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration Test Name: Footswitch & Mouse Operation Motorola Initial: Carlsbad Initial: Date Tested: PassC] / / Fail [ ] - Comments - 06/06/96 CSBD-MST.DOC Motorola Confidential and Protxietarv Page 34 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.2 Conventional Channel Selection and Call Description A channel is selected in one of two ways: The first method is by placing the mouse cursor over the CCW (Channel Control Window) Choose Area and depressing the Choose Mouse Key (The choose Area is the area that contains the name of the CCW). When the channel is selected, the background of the Channel Name/Select Line for the talkgroup CCW will become highlighted Depressing the General Transmit button initiates the call. -. Setup Two radios, Radio 1 and Radio 2 will be required for this test. Radio to Site/Channel Selections: Site 1 Radio 1 (Ch A) Radio 2 (Ch A) Test 1. Select one of the CCW’s by using the mouse and clicking on the Choose Area of the CCW. Verify that as the CCW is selected. 2. Select all of the other CCw’s, one at a time. 3. Verify that each CCW can be selected. 4. Verify that the selection of a new CCW will de-select the last CCW. 5. Depress the General Transmit button to initiate a call. 6. Verify that Radio 1 and Radio 2 can receive and can respond to the call from the console position. 06/06/96 CSBD-MST.DOC Motorola Confidential and Promietarv Page 35 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 7. Verify that the audio from Radio 1 and Radio 2 is heard through the select audio speaker. Test Name: Trunked Console Talkgroup Selection and Call Motorola Initial: Date Tested: 1 I Carlsbad Initial: P=[ 1 Fail [ ] Comments - 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 36 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.3 Transmit and Receive Audio Description This test verifies the console’s ability to transmit and receive audio. - The W Meter is a bar graph which responds to the dispatcher’s voice during transmit and intercom operations, or to the received audio level on a selected channel. The W Meter indicates the relative intensity of sounds with louder sounds causing greater meter deflection. The meter should function as a guide to proper microphone use. When speaking in a normal voice, the meter reading should remain as close to 0 as possible. Consistently low readings indicate that the operator is speaking too softly or that the mic is too far from the Gperator’s mouth; a number of high readings indicate that the operator is speaking too loudly or that the mic is too close. The operations of the CCW (Channel Control Window) and the Call Indicator will he verified here. Setup Setup a Console Operator Position. One portable radio is needed, set on the console’s selected channel. Test 1. Speak into the microphone and verify the deflection of the W Meter. 2. Verify that during constant transmission, the operator can keep the W Meter reading near 0. 3. Transmit on a portable radio on a selected channel. 4. Verify that “call” light flashes and audio is received on the select speaker. 06mY96 Motorola Confidential and Pronrietatv CSBD-MST.DOC Page 37 City of Carisbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration . Test Name: Transmit and Receive Audio Motorola Initial: Date Tested: / / Carlsbad Initial: P=s[ 1 Fail [ ] Comments 06/06/96 Motorola Confidential and Prcmietarv CSBD-MST.DOC Page 38 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.4 Description Intercom The intercom function allows console operators to communicate with other positions of the same console which are on the same CEB (Central Electronics Bank). It also allows operators to communicate with conventional repeaters and base stations. - Setup -~ Test Setup two Console Operator Positions, named Operator 1 and Ol&-ator 2. 1. From the Operator 1 position, select the “SPECIAL” menu. 2. Select the ‘INTERCOM” option with Operator 2 as the target for the intercom call. 3. Click on the “CALL” command key which appears and verify that Operator 2 hears a ring. 4. Click the “ANSWER” command key at the Operator 2 position. 5. Speak at the Operator 1 position without pushing the “Call PIT” button and verify that Operator 2 hears no audio. 6. Speak at the Operator 1 position while pushing the “Call PIT” button; verify that the audio is heard by Operator 2. 7. Verify that Operator 2 can respond without pressing a P’IT. 8. Verify that the audio is received at the Operator 1 position. 9. Click the “END” command key at either position. Verify that the intercom call has been terminated. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 39 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration Test Name: Intercom Motorola Initial: Date Tested: 1 / Carlsbad Initial: p=r 1 Fail [ ] Comments - 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 40 - City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.5 Radio/Telephone Headset Interface Description The headset interface is used in conjunction with the lA2 Telephone Call Director unit which, when interfaced to the Console Interface Electronics, enables the initiation of and response to telephone calls through the CRT console position. With the headset plugged into the headset jack, the select speaker will mute. Removing the headset from the headset jack causes both select and unselect audio to be heard from the select speaker. Setup -. Setup the Console Operator Position for at least two channels (Ch A and Ch B). Program two subscriber radios in the following way. Radio to Site/Channel Selections: Site 1 Radio 1 (Ch A) Radio 2 (Ch B) Test 1. 2. 3. 4. 5. 6. 7. 8. Open both talkgroup CCW’s (Channel Control Windows). Depress the PTT on Radio 1 and Radio 2 and begin speaking into each radio. Verify that a composite of both channels is heard by the operator. Take the Call Director off hook and verify that a dial tone is heard in the ear piece of the headset as well as the radio traffic from step 3. Initiate a ca.U to a predetermined phone number. Verify that audio from the landline mixed with audio from Radios 1 and 2 is heard in the headset but NOT through the select speaker. Without touching a P’IT, speak into the microphone of the headset. Verify that the audio from the operator is heard by the landline user but NOT by Radio 1 or Radio 2. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 41 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 9. Depress a PIT and speak into the microphone of the headset. 10. Verify that the audio from the operator is heard by Radio 1, Radio 2 and at the output of the BIM but NOT by the landline user. 11. Remove the headset from the headset jack. 12. Verify that all received audio is heard through the select speaker. Test Name: Radio/Telephone Headset Interface Motorola Initial: Date Tested: / I Carlsbad Initial: pad 1 Fail [ ] - -. Comments - 06M/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 42 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.6 Volume and Muting Description There are several ways in which the volume of the audio heard by the operator can be varied. Each CCW (Channel Control Window) has a volume “wedge” control. By clicking the wedge directly to the right of the number, the volume increases one notch until it reaches its maximum of 7. Clicking the wedge directly to the left of the number causes the volume to decrease one notch until no audio can be heard (muted volume position of 0). Located on the front of the CIE (Console Interface Electronics) a.t~ the Select Audio Volume Control and the Unselect Audio Volume Control. All select radio audio is routed to the select speaker, and its level is controlled by the Select Audio Volume Control when the headset is out of its jack. The unselect speaker output carries the combined audio from all unselect radio sources; its volume is controlled by the Unselect Audio Volume Control. Also located on the front of the CIE are the Radio and the Phone Volume Controls. These controls allow the console operator to mix the proper amount of radio and phone audio heard. Channel muting is accomplished by decreasing the volume wedge to its minimum volume of 0 for the channel to be muted. Setup Setup the Console Operator Position for two channels, (Ch A and Ch B). Program two subscriber radios in the following way. Radio to Site/Channel Selections: 1 Site Radio 1 (Ch A) Radio 2 (Ch B) 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 43 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Conf@uration k Test 1. Open the CCW for Ch A leaving Ch B unselected. Set both CCW volume wedges to 4. Set both speaker volumes to 0. 2. Press the PIT on Radio 1 and speak continuously. 3. At the console position, click the volume wedge to the right and verify that the audio in the headset heard from Radio 1 increases in volume with each step. Verify that at the seventh step, no further increase in volume is possible. 4. Click the volume wedge to the left, verifying that the audio in the headset decreases. Verify that the channel is muted when the volume wedge reaches 0. 5. Press the P’IT on Radio 2 and speak continuously. Verify that the audio from Radio 2 is not heard through the headset. 6. Return both volume wedges to the 4 position. - 7. Select the CCW for Ch B and verify that the audio heard in the headset is a composite of Radio 1 and Radio 2. 8. Unselect the CCW for Ch A, verifying that the only audio heard in the headset is that of Radio 2. 9. Release Radio l’s PIT. 10. Repeat steps 3 and 4. 11. Press the P’IT on Radio 1 and speak continuously. Verify that the audio from Radio 1 is not heard through the headset. 12. Remove the headset form the headset jack. Increase the volume of both the Select and the Unselect Speakers to a comfortable level. 13. Verify that Radio 1 is heard’in the Unselect Speaker and that Radio 2 is heard in the Select Speaker. 14. Select the CCW for Ch A which unselects the CCW for Ch B. 15. Verify that Radio 2 is heard in the Unselect Speaker and that Radio 1 is heard in the Select Speaker. 16. Select the CCW for Ch B; both CCW’s should now be open. 17. Verify that nothing is heard through the Unselect Speaker and that the audio heard through the Select Speaker is a composite of Radio 1 audio and Radio 2 audio. 18. Unselect both CCW’s and verify that all audio now appears at the Unselect speaker. 19. Click on the “SPECIAL” menu and select “ALL MUTE” Verify that all audio ceases to be heard and that “Unsel Audio Muted” appears on the CRT. 20. Wait for the system mute time out timer to expire. Verify that the audio is again heard through the unselect speaker and that “Unsel Audio Muted” disappears from the CRT. 21. Click on the “SPECIAL” menu. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 44 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 22. Click on the “CLEAR Mute” menu function and repeat step 20. Test Name: Volume and Muting Motorola Initial: Date Tested: Carlsbad Initial: p=sr 1 I / Fail [ ] Comments - 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 45 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.7 Multiselect Description The Multi-Select feature allows more than one channel to be selected simultaneously. The console operator can talk and listen to all the selected channels, however, the users on a channel cannot talk or listen to users on other channels but only to the console dispatcher and users on their own channel. On consoles equipped with the Multi-Select instant transmit feature, an APB (All Points Bulletin) type transmission may be made on a preselected group of channels. - Setup Setup the console operator for at least two channels. Program four subscriber radios in the following way. Radio to Site/Channel Selections: Site 1 Radio 1 (Ch A) Radio 2 (Ch A) Radio 3 (Ch B) Radio 4 (Ch B) Test 1. Select the Multi-Select menu. 2. Select the desired channels by selecting Ch A and Ch B CCWs with the mouse. 3. Press the Transmit Button on the mouse and send audio via the microphone. Verify that Radios 1 though 4 can monitor and respond to the console. 4. Verify Radio 1 can only communicate with Radio 2 while Ch A and Ch B are Multi- selected on the Console. Verify that Radio 3 can only communicate to Radio 4 while Ch A and Ch B are multi-selected on the Console. M/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 46 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration Test Name: Multiselect Motorola Initial: Carkbad Initial: Comments Date Tested: / I p=r 1 Fail [ ] 06/06/96 CSBD-MST.DOC Motorola Confidentia.l and Pronrietarv Page 47 City of Carisbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - c Initial Configuration 2.8.1.8 Console Priority Description The console operator has preemptive control of audio being transmitted on the system. The console has the authority to override the audio of any user which the console is monitoring. Test - -. 1. Initiate a call with one of the radios on Ch A. 2. Observe that the receive audio can be heard at radio and console posZons at Ch A. 3. While the subscriber is in the process of making the call, key the Ch A console CCW. 4. Observe that console audio is now being transmitted on Ch A in place of the subscriber audio. Test Name: Console Priority Motorola Initiai: Carlsbad Initiai: Date Tested: / 1 P=[ 1 Fail [ ] Comments 06AW96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 48 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial ConfQuration 2.8.1.9 Conventional Patch Description When multiple channels have been patched together, users on these channels will be able to communicate together. Setup - Setup the Console Operator Position for two channels (Ch A, Ch B) Radio to Site/Channel Selections: Site 1 Radio 1 (Ch A) Radio 2 (Ch B) Test 1. Select the Patch menu with the mouse from the menu. --. 2. Select Patch 1 from the menu. 3. Select the Ch A and the Ch B CCW’s. Select Patch 1 again to set the Ch’s into Patch 1. 4. Verify that Radio 1 and Radio 2 can monitor and respond to the console operator. 5. .:Ve’rify that both radios can monitor and respond to each other. 6. Terminate the patch by selecting the Patch 1 button with the mouse. Next, unselect all of the CCWs involved in the patch. Re-select Patch 1, then close. 06/M/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 49 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration Test Name: Conventional Patch Motorola Initial: Carlsbad Initial: Comments Date Tested: f / p=r I Fail [ ] - -. - 06/06/96 CSBD-MST.DOC Motorola Confidemtial and Pronrietarv Page 50 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration 2.8.1.10 Alert Tones Description To send alert tones from a console, the dispatcher selects the Special Menu key and then the Alert menu key to display a Send Alert Sub-Menu. The dispatcher then chooses one of the alert command keys, sending those alert tones over the selected talkgroup. Test 1. Select a talkgroup CCW that has been opened in the Radio Work Area. 2. Enter the Special Menu by clicking on the “SPECIAL” menu key. Select the Alert menu by clicking on the “ALERT” menu key. A sub-menu will appear displaying the various alert tones possible. 3. Select each of the three alert tones listed below, in sequence, and verify that each is heard on a subscriber unit in the selected talkgroup. Also, verify that the “TALK” function allows voice to pass from the operator position to the subscriber unit. Alert Tones 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 5 1 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Initial Configuration Test Name: Alert Tones Motorola Initial: Carlsbad Initial: Date Tested: P=s[ 1 / / Fail [ ] Comments: - 06/06/96 CSBD-MST.DOC Matorola Confidential and Prmrietarv Page 52 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Conliguration 2.8.2 Dispatch Console Equipment ATP - Final Configuration The following tests will be performed. The detailed procedure is provided in the following sections. 1. Footswitch and Mouse Operation 2. Trunked Console Talkgroup Selection and Call 3. Console Busy Indication and CaLI Back 4. Multigroup or Announcement Group Call - 5. Emergency Alarm Display Processing 6. Transmit and Receive Audio 7. Intercom 8. Radio/Telephone Headset Interface 9. Volume and Muting 10. Multiselect without Group Regrouping 11. Multiselect with Group Regrouping 12. Console Priority 13. Talkgroup Patch 14. Talkgroup Patch without Group Regrouping 15. Alert Tones 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 53 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.1 Footswitch & Mouse Operation Description The mouse is used to select console functions. In addition, the mouse button can be used as a IIT which will allow the console operator to transmit on any selected channel. The foot switch has two pedals, both of which produce the same PIIT. Setup - Setup a Console Operator Position with CCWs. One portable radio is needed, set on the console’s selected talkgroup. Test 1. Select a channel using the mouse. 2. While the console is monitoring the channel (TG) depress the transmit key on the mouse. 3. Verify that while the transmit key is depressed, the word “XMIT” appears below the channel name. 4. Verify that audio from the operator is heard on the portable radio. 5. Depress the left PTT on the foot switch. 6. Repeat steps 4 and 5.’ 7. Depress the right PTT’ on the foot switch. 8. Repeat steps 4 and 5. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 54 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration Test Name: Footswitch & Mouse Operation Motorola Initial: Date Tested: Carlsbad Initial: p=t 1 1 / Fail [ ] - Comments - 06/06/96 Motorola Confidential and Pronrietam CSBD-MST.DOC Page 55 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.2 Description Trunked Console Talkgroup Selection and Call A talkgroup is selected in one of two ways: The fust method is by placing the mouse cursor over the CCW (Channel Control Window) Choose Area and depressing the Choose Mouse Key (The choose Area is the area that contains the name of the CCW). When the ta&group is selected, the background of the Channel Name/Select Line for the talkgroup CCW will become highlighted Deptessing the General Transmit button initiates the talkgroup call. - Setup This test requires that a Tnmked CENTRACOM be interfaced to a trunked system and that it be programmed with a minimum of three ta&groups. Two radios, Radio 1 and Radio 2 will be required for this test. Radio to SiteITalkgroup Afftiations: 1 Site Test Radio 1 (TG A) Radio 2 (TG A) 1. Select one of the CCW’s by using the mouse and clicking on the Choose Area of the CCW. Verify that as the CCW is selected. 2. Select all of the other CCw’s, one at a time. 3. Verify that each CCW can be selected 4. Verify that the selection of a new CCW will de-select the last CCW. 5. Depress the General Transmit button to initiate a talkgroup call. 6. Verify that Radio 1 and Radio 2 can receive and can respond to the talkgroup call from the console position. 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 56 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration - 7. Verify that the audio from Radio 1 and Radio 2 is heard through the select audio speaker. Test Name: Trunked Console Talkgroup Selection and Call Motorola Initial: Date Tested: / / Carlsbad Initial: P=[ 1 Fail [ ] Comments -. - 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 57 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Con!iguration 2.8.2.3 Console Busy Indication and Call Back Description In the SmartZone system, resources are assigned by the SmartZone Controller, and there is a possibility that all channels are in use when a call is requested. When a console attempts to transmit while no channels are available, the SmartZone Controller provides the transmitting console with an indication that a Talkgroup channel assignment request cannot be granted at this time. The Talkgroup’s CCW flashes Busy until the channel is available. This ~occurs regardless of whether or not the dispatcher continues to depress the CCW Transmit bar. A busy tone is sounded if the dispatcher has the CCW Transmit Bar depressed when the busy indication is received. Setup Setup the Console Operator Position for at least one Talkgroup (TG A). Set Radio 2 for a higher priority than the console Ta&group (TG A) via the SmartZone Manager Terminal. Set the Pre-empt Enabled flag to “Y” on Radio 2 via the SmartZone Manager terminal. Two radios, Radio 1 and Radio 2 are required for this test. Radio to SiteITalkgroup Affiliations: Site 1 Radio 1 (TG A) Radio 2 (TG B) Test 1. Disable all but one Voice Channel via the SmartZone Manager. 2. Key up Radio 2. 3. Press the Select switch on the TG A CCW from the console. 4. Press the Transmit button on the mouse. 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 58 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 5. Verify that a busy tone is heard on the select speaker on the console and that the “Busy” light flashes. 6. Release the Transmit button on the mouse. 7. De-key Radio 2. 8. Verify that a talk permit tone is heard on the select.audio speaker on the console and that the Transmit bar flashes. 9. Press the Transmit button on the mouse and send audio via the microphone. 10. Verify that Radio 1 can monitor and respond to the call, and that Radio 2 cannot. Test Name: Console Busy Indication and Call Back Motorola Initial: Carlsbad Initial: Date Tested: P=s[ 1 / / Fail [ ] Comments 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 59 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration . 2.8.2.4 Multigroup or Announcement Group Call Description An Announcement Group is selected by placing the mouse cursor over the CCW (Channel Control Window) choose Area and depressing the mouse choose hey. Setup This test requires that a Trunked CENTRACOM be programmed with a minimum of four talkgroups, one of which is the Announcement Talkgroup, Three radios, Radio 1, Radio 2, and Radio 3 will be required for this test. Radio to SiteITalkgroup Affiliations: 1 Site Radio 1 (TG A) Radio 2 (TG B) Radio 3 (TG C) Test 1. Access the Radio Control screen of a CRT console Operator Position. 2. Select an announcement group CCW by moving the mouse cursor over the CCW name and clicking the choose button 3. Depress the General Transmit button to initiate the Announcement Group Call. 4. Verify that the subscriber units that are monitoring different talkgroups within the announcement group receive the call. 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 60 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration Test Name: Multigroup or Announcement Group Call Motorola Initial: Date Tested: I / Carlsbad Initial: p=sr I Fail [ ] Comments - -. - 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 61 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.5 Emergency Alarm Display Processing Description Test 1. 2. 3. 4. 5. When an Emergency Alarm is received at the CRT console the following occurs: The Emergency Alarm tone sounds in the select speaker and the Emergency Window appears on the screen. If the Emergency Alarm occurs on a talkgroup located in the Radio Work Area of the CRT display, a red border will flash around the CCW and the trunked ID appears in the CalI Status/ID line. If the Talkgroup is in the summary list, the background color changes to red and the name will flash. - In addition, a message will appear in the General Status Line of the Status Area (bottom right comer of the CRT display). This message identifies which Talkgroup the Emergency Alarm occurred on, and whether it is in the Radio Work Area or in the Summary List. Open the CCW for.Talkgroup A in the Radio Work Area of and CRT position. Initiate a Trunked Emergency on Talkgroup A from a portable or mobile radio. When the Trunked Emergency is received at the console, the Emergency Alarm tone will sound and the Emergency Window will appear. The border of the CCW for Talkgroup A will flash red and the trunked ID of the unit that initiated the emergency will appear in the Call Status line. An Emergency Window will appear with choices for handling the emergency. Click on “KNOCKDOWN”, then click on the Emergency CCW to end the Emergency Alalm. Clear the alarm on the initiating radio. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 62 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration Test Name: Emergency Alarm Display Processing Motorola Initial: Date Tested: Carlsbad Initial: P=[ 1 I / Fail [ ] Comments 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 63 City of CarIsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.6 Transmit and Receive Audio Description This test verifies the console’s ability to transmit and receive audio. The VU Meter is a bar graph which responds to the dispatcher’s voice during transmit and intercom operations, or to the received audio level on a selected channel. The W Meter indicates the relative intensity of sounds with louder sounds causing greater meter deflection. The meter should function as a guide to proper microphone use. When speaking in a normal voice, the meter reading should remain as close to 0 as possible. Consistently low readings indicate that the operator is speaking too softly or that the mic is too far from the Gperator’s mouth; a number of high readings indicate that the operator is speaking too loudly or that the mic is too close. The operations of the CCW (Channel Control Window) and the Call Indicator will be verified here. Setup Setup a Console Operator Position. One portabJe radio is needed, set on the console’s selected talkgroup. Test 1. Speak into the microphone and verify the deflection of the W Meter. 2. ::!A${ that during constant transmission, the operator can keep the VU Meter reading . 3. Transmit on a portable radio on a selected talkgroup. 4. Verify that “call” light flashes and audio is received on the select speaker. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 64 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration Test Name: Transmit and Receive Audio Motorola Initial: Date Tested: Carlsbad Initial: P=[ 1 / / Fail [ ] Comments 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 65 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.7 Intercom Description The intercom function allows console operators to communicate with other positions of the same console which are on the same CEB (Central Electronics Bank). It also allows operators to communicate with conventional repeaters and base stations. Setup Setup two Console Operator Positions, named Operator Test 1. From the Operator 1 position, select the “SPECIAL” menu. 1 and Operator 2. 2. Select the ‘INTERCOM” option with Operator 2 as the target for the intercom call. 3. Click on the “CALL” command key which appears and verify that Operator 2 hears a ring. 4. Click the “ANSWER” command key at the Operator 2 position. 5. Speak at the Operator 1 position without pushing the “Call PIT” button and verify that Operator 2 hears no audio. 6. Speak at the Operator 1 position while pushing the “Call PIT” button; verify that the audio is heard by Operator 2. 7. Verify that Operator 2 can respond without pressing a P’IT. 8. Verify that the audio is received at the Operator 1 position. 9. Click the “END” command key at either position. Verify that the intercom call has been terminated. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 66 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration Test Name: Intercom Motorola Initial: Date Tested: / I Carlsbad Initial: p=sr I Fail [ ] Comments - 06/06/96 Motorola Confidential and Pmnrietarv CSBD-MST.DOC Page 67 - -. City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final ConEiguration 2.8.2.8 Radio/Telephone Headset Interface Description The headset interface is used in conjunction with the lA2 Telephone Call Director unit which, when interfaced to the Console Interface Electronics, enables the initiation of and response to telephone calls through the CRT console position. With the headset plugged into the headset jack, the delect speaker will mute. Removing the headset from the headset jack causes both select and unselect audio to be heard from the select speaker. setup Setup the Console Operator Position for at least one Talkgroup (TG A). Program two SmartZone subscriber radios in the following way. Radio to SiteITalkgroup Affiliations: 1 Site Radio 1 (TG A) Radio 2 (TG B) Test 1. 2. 3. 4. 5. 6. 7. 8. Open both talkgroup CCWs (Channel Control Windows). Depress the P’IT on Radio 1 and Radio 2 and begin speaking into each radio. Verify that a composite of both channels is heard by the operator. Take the Call Director off hook and verify that a dial tone is heard in the ear piece of the headset as well as the radio traffic from step 3. Initiate a call to a predetermined phone number. Verify that audio from the landline mixed with audio from Radios 1 and 2 is heard in the headset but NOT through the select speaker. Without touching a PIT, speak into the microphone of the headset. Verify that the audio from the operator is heard by the landline user but NOT by Radio 1 or Radio 2. 06/06/96 CSBD-MST.DOC Motorola Confidential and Proorietarv Page 68 - -. City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 9. Depress a P’IT. and speak into the microphone of the headset. 10. Verify that the audio from the operator is heard by Radio 1, Radio 2 and at the output of the BIM but NOT by the landline user. 11. Remove the headset from the headset jack. 12. Verify that all received audio is heard through the select speaker. Test Name: Radio/Telephone Headset Interface Motorola Initial: Carlsbad Initial: Date Tested: pas1 1 I / Fail [ ] Comments 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 69 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.9 Volume and Muting Description There am several ways in which the volume of the audio heard by the operator can be varied. Each CCW (Channel Control Window) has a volume “wedge” control. By clicking the wedge directly to the right of the number, the volume increases one notch until it reaches its maximum of 7. Clicking the wedge directly to the left of the number causes the volume to decrease one notch until no audio can be heard (muted volume position of 0). Located on the front of the CIE (Console Interface Electronics) m the Select Audio Volume Control and the Unselect Audio Volume Control. AU select radio audio is routed to the select speaker, and its level is controlled by the Select Audio Volume Control when the headset is out of its jack. The unselect speaker output carries the combined audio from all unselect radio sources; its volume is controlled by the Unselect Audio Volume Control. Also located on the front of the CIE am the Radio and the Phone Volume Controls. These controls allow the console operator to mix the proper amount of radio and phone audio heard. Channel muting is accomplished by decreasing the volume wedge to its minimum volume of 0 for the channel to be muted. Setup Setup the Console Operator Position for two Talkgroups, (TG A and TG B). Program two SmartZone subscriber radios in the following way. Radio to Site/Talkgroup Affiliations: Site 1 Radiol(TGA) Radio 2 (TG B) 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 70 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment AW - Final Configuration Test - -. 1. Open the CCW for TG A leaving TG B unselected. Set both CCW volume wedges to 4. Set both speaker volumes to 0. 2. Press the PTT on Radio 1 and speak continuously. 3. At the console position, click the volume wedge to the right and verify that the audio in the headset heard from Radio 1 increases in volume with each step. Verify that at the seventh step, no further increase in volume is possible. 4. Click the volume wedge to the left, verifying that the audio in the headset decreases. Verify that the channel is muted when the volume wedge reaches 0. 5. Press the PIT on Radio 2 and speak continuously. Verify that the audio from Radio 2 is not heard through the headset. 6. Return both volume wedges to the 4 position. 7. Select the CCW for TG B and verify that the audio heard in the head&t is a composite of Radio 1 and Radio 2. 8. Unselect the CCW for TG A, verifying that the only audio heard in the headset is that of Radio 2. 9. Release Radio l’s PIT. 10. Repeat steps 3 and 4. 11. Press the P’TT on Radio 1 and speak continuously. Verify that the audio from Radio 1 is not heard through the headset. 12. Remove the headset form the headset jack. Increase the volume of both the Select and the Unselect Speakers to a comfortable level. 13. Verify that Radio 1 is heard in the Unselect Speaker and that Radio 2 is heard in the Select Speaker. 14. Select the CCW for TG A which unselects the CCW for TG B. 15. Verify that Radio 2 is heard in the Unselect Speaker and that Radio 1 is heard in the Select Speaker. 16. Select the CCW for TG B; both CCW’s should now be open. 17. Verify that nothing is heard through the Unselect Speaker and that the audio heard through the Select Speaker is a composite of Radio 1 audio and Radio 2 audio. 18. Unselect both CCw’s and verify that all audio now appears at the Unseiect speaker. 19. Click on the “SPECIAL” menu and select “ALL MUTE.” Verify that all audio ceases to be heard and that “Unsel Audio Muted” appears on the CRT. 20. Wait for the system mute time out timer to expire. Verify that the audio is again heard through the unselect speaker and that “Unsel Audio Muted” disappears from the CRT. 21. Click on the “SPECIAL” menu. 06mv96 Motorola Confidential and Pronrietarv CSBD-MST.DGC Page 7 1 City of Carisbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 22. Click on the “CLEAR Mute” menu function and repeat step 20. Test Name: Volume and Muting Motorola Initial: Date Tested: / I Carlsbad Initial: P=s[ 1 Fail [ ] Comments 06/06/96 Motorola Confidential and Promietarv CSBD-MST.DOC Page 72 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.10 Muhiselect without Group Regrouping De!3cription The Multiselect feature allows mote than one Talkgroup to be selected simultaneously. When the Multiselect is not regroupable, each selected Ta&group requires its own RP channel resource. The console operator can talk and listen to all the selected Talkgroups, however, the members of a Talkgroup cannot talk or listen to members of other Talkgroups but only to the console dispatcher and members to their own Takgroup. Gn consoles equipped with the Multiselect instant transmit feature, an APB (All Points Bulletin) type transmission may be made on a preselected group of Talkgroups. - Setup Setup the console operator for at least two Talkgroups. Verify that there are at least two Voice Channels at Site 1. Program four SmartZone subscriber radios in the following way. Radio to SitefTalkgroup Affiliations: 1 Site Radio 1 (TG A) Radio 2 (TG A) Radio 3 (TG B) Radio 4 (TG B) Test 1. Select the Multiselect menu. 2. Select the desired Ta&groups by selecting TG A and TG B CCWs with the mouse. 3. Press the Transmit Button on the mouse and send audio via the microphone. Verify that Radios 1 though 4 can monitor and respond to the console. 06/06/96 CSBD-MST.DOC Motorola ConfXential and Pronrietarv Page 73 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 4. Verify Radio 1 can only communicate with Radio 2 while TG A and TG B are Multiselected on the Console. Verify that Radio 3 can only communicate to Radio 4 while TG A and TG B are multiselected on the Console. Test Name: Multiselect without Group Regrouping Motorola Initial: Carlsbad Initial: 1 Date Tested: I I I I p=r 1 I Fail [ ] I Comments - -. - 06/06/96 CSBD-MST.DOC Motorola Confidential and Ek-mrietarv Page 74 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.11 Multiselect with Group Regrouping Description The Multiselect feature allows more than one Talkgroup to be selected simultaneously. The console operator can talk and listen to all selected Talkgroups, however, the members of a Talkgroup cannot talk or listen to members of other Talkgroups but only to the console dispatcher and members of their own Talkgroup. The Multiselect must be set up by the console operator to be regroupable, otherwise each selected Talkgroup will require its own RF channel resource. - -. _~ Setup - Setup the CRT console operator for at least two Talkgroups. Ensure that MSel 1 has been set up by the console operator to be regroupable, using Diagnostic 22. Program four SmartZone subscriber radios in the following way. Setup Site A and Site B for at least two voice channels. Radio to Site/Ta&group Affiliations Site 1 Site 2 Radio 1 (TG A) Radio 2 (TG A) Radio 3 (TG B) Radio 4 (TG B) Test 1. Verify that Site 1 and Site 2 are in wide area trunking. 2. Select the Multiselect menu and MSel 1 with the mouse. 3. Select the desired Talkgroups by selecting the TG A and TG B CCWs with the mouse. 4. Select the APB 1 key with the mouse and send audio via the microphone. 5. Verify that Radio 1, Radio 2, Radio 3, and Radio 4 can monitor and respond to the console. 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 75 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 6. Verify Radio 1 can only communicate with Radio 2 and not Radios 3 and 4 while TGs A and B are Multiselected on the console. Verify Radio 3 can only communicate with Radio 4 and not Radios 1 and 2 while TGs A and B are Multiselected on the console. Test Name: Multiselect with Group Regrouping Motorola Initial: Date Tested: i / Carlsbad Initial: p=r 1 Fail [ ] Comments - - 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 76 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.12 Console Priority Description In Motorola SmartZone trunked radio systems, the console operator has preemptive control of audio being transmitted on the system. The console has the authority to override the audio of any user which the console is monitoring. Test - 1. Initiate a call with one of the radios in Talkgroup A. 2. Observe that the receive audio can be heard at radio and console positions at Talkgroup A. 3. While the subscriber is in the process of making the call, key the Talkgroup A console ccw. 4. Observe that console audio is now being transmitted on Talkgroup A in place of the subscriber audio. Test Name: Console Priority Motorola Initial: Carlsbad Initial: Date Tested: I / P=[ 1 Fail [ ] Comments cMm6~96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 77 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final ConGguration 2.8.2.13 Talkgroup Patch Description Talkgroup Patch with group regrouping allows a patch between Talkgroups, using only one RF Channel Resource. When multiple talkgroups have been patched together, users in these talkgroups will be able to communicate together, across talkgroup boundaries. Setup -. Setup the Console Operator Position for two tnmked Talkgroups (TG A, TG B) Radio to Site&lkgroup Affiliations: 1 Site Radio 1 (TG A) Radio 2 (TG B) Test 1. Verify that Site 1 is in the wide area trunking mode. 2. Select the Patch menu with the mouse from the menu. 3. Select Patch 1 from the menu. 4. Select the TG A and the TG B CCW’s. Select Patch 1 again to set the TG’s into Patch 1. 5. Verify that Radio 1 and Radio 2 can monitor and respond to the console operator. 6. Verify that both radios can monitor and respond to each other. 7. Verify that only one channel is keyed up at site 1. 8. Terminate the patch by selecting the Patch 1 button with the mouse. Next, unselect all of the CCW’s involved in the patch. Re-select Patch 1, then close. (-MA-w96 CSBD-MST.DOC Motorola Confidential and Promietarv Page 78 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration Test Name: Taikgrobp Patch Motorola Initial: Carlsbad Initial: Date Tested: p=r 1 I / Fail [ ] Comments - WW96 CSBD-MST.DOC Motorola Confidential and Prnm-ietarv Page 79 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.14 Talkgroup Patch without Group Regrouping Description Talkgroup Patch without group regrouping allows a Patch between talkgroups, however, each talkgroup requires an RF channel resource. A busy indication appears on the console CCWs for the talkgroups that are busy. - In order to set up a Patch, select the Patch menu with the mouse. Next, select the Patch 1 key from the menu and then select all the CCWs involved in the Patch. The Patch indication will light on each CCW. In order to knock down a Patch, select the Patch I key from the menu and unselect all the CCWs involved in the Patch and then select Close from the menu. Whenever a talkgroup in a Patch becomes active, a channel is also assigned for all other talkgroups in the Patch. It is important therefore, that there should be at least the same amount of channels available as there are talkgroups in the Patch or busy calls will occur. Setup Setup the Console Operator Position for two trunked talkgroups (TG A and TG B). Verify that there are at least two Voice Channels at Site 1. Program two SmartZone subscriber radios in the following way. Radio to SiteJIalkgroup Affiliations: A Site Radio 1 (TG A) Radio 2 (TG B) Test 1. Verify that Site 1 is in the Wide Area Trunking mode. 2. Select the Patch menu with the mouse. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 80 . . City of Carlsbad Diipatcb Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 3. Select Patch I from the menu with the mouse. 4. Select the Ta&group 1 and Talkgroup 2 CCWs. 5. Depress the Patch I Trurmzit key with the mouse and send audio via the microphone. 6. Verify Radio 1 and Radio 2 can monitor and respond to the console. 7. Verify that both radios can monitor and respond to each other. 8. Verify that two Voice Channel repeaters are keyed up at Site 1. 9. Terminate the Patch by selecting the Patch I key with the mouse. Next, unselect all the CCWs involved in the Patch and select Close with the mouse. Test Name: Talkgroup Patch without Group Regrouping Motorola Initial: 1 Date Tested: I / -1 I 1 Carlsbad Iuitial: 1 1 p=sr 1 I Fail [ ] 1 Comments 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 81 City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 2.8.2.15 Alert Tones Description To send alert tones from a console, the dispatcher selects the Special Menu key and then the Alert menu key to display a Send Alert Sub-Menu. The dispatcher then chooses one of the alert command keys, sending those alert tones over the selected talkgroup. Test - -. 1. Select a talkgroup CCW that has been opened in the Radio Work Area. 2. Enter the Special Menu by clicking on the “SPECIAL” menu key. Select the Alert menu by clicking on the “ALERT” menu key. A sub-menu will appear displaying the various alert tones possible. 3. Select each of the three alert tones listed below, in sequence, and verify that each is heard on a subscriber unit in the selected talkgroup. Also, verify that the “TALK” function allows voice to pass from the operator position to the subscriber unit. Alert Tones . Tvpe Description 1 Constant 1 kHz Tone 2 Two Alternating Tones 3 Chopped 1 kHz Tone 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 82 Test Name: Alert Tones Motorola Initial: Date Tested: I 1 Carlsbad Initial: P=[ 1 Fail [ ] Comments: City of Carlsbad Dispatch Center and Microwave System Dispatch Console Equipment ATP - Final Configuration 06/06/96 Motorola Confidential and Pronrietam CSBD-MST.DOC Page 83 City of Carkbad Dispatch Center and Microwave System Microwave Equipment ATP - 2.8.3 Microwave Equipment ATP Acceptance testing includes both factory and field testing. The following sections detail testing that will be performed. 2.8.3.1 Factory Acceptance Test Plan Factory tests of the individual system components will be conducted and the results recorded on standard factory test data forms, which will be included with the site specific instruction manuals. The Carlsbad spur off the RCS microwave system will be factory and field tested as a part of the RCS microwave system. Several tests reference “the selected four site locations” when discussing the microwave system testing. In each case, one of these four 1ocatioTns wilI be the Carlsbad Safety Center end of the Carlsbad microwave spur. Microwave Radio: a Review factory test data for all site locations. b. Test the transmitter local oscillator frequency, transmitter power output, and receive threshold for the selected four site locations. c. Verify Tl continuity at all site locations in accordance with the agreed to Tl plan. DVS II Orderwire: Verify operation of orderwirc at the selected four site locations including voice and signaling. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 84 City of Carlsbad Dispatch Center and Microwave System Microwave Equipment ATP - Loop Protection; a. Disable one radio path in each loop and verify the Tl t-e-routing capabilities occur in accordance with the Tl plan. b. Verify spur Tl cross-connectivity after loop switch enabled. The Carisbad spur will be verified in this test of the North Loop. a. For RCS microwave system, the residual one-way BERITl (overnight test) will be run from PSC (100) with Carlsbad Safety Center (502) assigned DS 1 looped. b. The BER / Tl tests will be performed for both directions of the loop (i.e. clockwise and counter-clockwise). The residual one-way BE/UT1 test will be performed for an I8 h&period with BER which will not exceed the test objective of N x 1 O-l’, where “N” is equal to the number of radio hops. Example: For PSC(100) - Carlsbad Safety Center (502) “N” equal 10. 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 85 City of Carlsbad Dispatch Center and Microwave System Microwave Equipment ATP -. FARSCANm Management System: a. Verify alarms and controls operation. b. Simulate external alarms and verify that they are operational. c. Verify data base. Battery and Rectifier/ Charger The battery plants and rectifier/charger equipment will be staged at the vendor’s warehouse and the following tests will be conducted: a Give initial charge to batteries b. Give batteries the discharge test (see test procedure detailed below) c. Recharge the batteries. - d. Take inventory of each battery system. e. Power up each rectifier/charger board to assure proper operation. Test Procedure for Battery Perform a battery capacity test for all batteries supplied on this project per the IEEE procedures using an Alber automated Battery Analyzer. Each battery will be tested to the manufacturer’s rated capacity to a final voltage of 1.75 volts per cell at the four hour rate for systems under the 800 ampere-hours and at the eight hour rate for systems over the 800 ampere-hours. Per IEEE guidelines, all cells failing to meet 90% of rated capacity will be rejected. Observe the initial ten minutes of the recharge process and check cell voltages to make sure that the system is within safe limits. Disconnect the batteries form the test equipment. Generate a test report for each battery system. Acceptance at Factory_ The equipment will be accepted if the physical equipment is furnished and performance is in accordance with the parameters specified. A TEST ACCEPTANCE CERTIFICATE will be completed which certifies that the equipment has been approved for shipment to the field. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 86 City of Car&bad Dispatch Center and Microwave System Microwave Equipment ATP 2.8.3.2 Field Acceptance Test Plan Field testing will be performed on all vendor supplied equipment and hardware to demonstrate its compliance with published specifications and/or functional intent. The Field acceptance tests are designed to encompass all testing requirements to demonstrate this compliance. Field Engineers experienced in the telecommunications industry will do all contracted testing of the project. The field testing crew works with engineering documents including acceptance test procedures, block and level drawings, equipment manuals and technical support literature. Field test data will be recorded on the field test data forms and checklists. These documents will become the base-line data for maintenance records. The County is welcome to witness all commissioning tests and obtain informal On-The-Job-Training if so inclined. Ah testing in the field is continually coordinated by the Field Manager. The crews are also supported by the Program Manager and the Project Team. Following completion of installation work, the equipment will be tested for acceptance as follows: Site Facilitv Tests: The following facilities will be checked or tested as applicable to verify compliance with their functional intent, a. Equipment and Battery Plant Room temperatures b. DC power at the equipment rack’s termination points. c. Antenna transmission line pressurization system. Radio HOD Tests; a. Radio transmit local oscillator frequency. b. Radio transmit power output. c. Received signal level following antenna alignment d. Path fade tests will be performed to ensure the threshold of each receiver is met and there is no interference. e. Service channel VF and signaling operation. System Tests: a FARSCAN operational tests with the remote sites to verify satisfactory operation of: b. Versatility equipment alarms and controls. 06/06/96 Motorola Confidential and Pronrietatv CSBD-MST.DOC Page 87 City of Carlsbad Dispatch Center and Microwave System Microwave Equipment ATP c. External alarms and controls. d. Data base e. Tl continuity verification at all site locations in accordance with the agreed Tl plan. f. Residual BERAT test will be run as follows: For RCS microwave system, the residual one-way BER/Tl (test) will be run from PSC (100) with C&bad Safety Center (502), Alpine Heights (104) and Rams Hill (329) assigned DS!s looped. The residual one-way BER/Tl test wilI be performed for a 2 hour period (under no fade conditions) with BER which will not exceed the test objective of NxlO-lo, where “N” is equal to the number of radio hops. Note: For a single radio hop, one-way test, “N” = 2 After the customer performs the installation inspection and reviews the Field Commissioning Test Data conditional acceptance occurs. The Field crews will then complete all items listed on the customers punch list which was generated during the installation inspection. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 88 City of Carlsbad Dispatch Center and Microwave System Certificate of Final System Acceptance 2.9 Certificate of Final System Acceptance Certificate Of Final System Acceptance San Diego County- Imperial County Contract: Project: Regional Communications System Final System Acceptance The City of Carlsbad authorities acknowledge the installation of the CENTRACOM Dispatch Consoles, microwave link, and other services incident to and necessary for the use of a communications system as required in the Contract, was complete and performed to the City of Carlsbad authority’s satisfaction in accordance with the terms of said contract The work for the System is hereby accepted by the City of Carlsbad authorities. All applicable warranties required by the contract are authorized to commence. The mutually agreed on Project Closure items listed below .will be resolved under warranty. Author&d Signatures City of Carlsbad Signature Motorola Signature Title Title Date Date 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 89 City of Carlsbad Dispatch Center and Microwave System System Drawings 3. SYSTEM DRAWINGS This section contains the following system drawings: 1. Dispatch System Block Diagram 2. Carlsbad Dispatch Center Site - Proposed Equipment Rack Face / Footprint Layout 3. Dispatch Center Dispatch Positions 4. Carlsbad Dispatch Center Site - Proposed Equipment Room Equipment Layout - 5. Carlsbad Dispatch Center Site - Existing Equipment Room Equipment Layout 6. Microwave Path Layout 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 90 City of Carisbad Dispatch Center and Microwave System System Descriptions 4. SYSTEM DJBCRIPTIONS This sections includes descriptions of the proposed hardware to supply dispatch equipment, the microwave equipment and the hardware necessary to link the dispatch center and microwave spur into the RCS. - M/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 91 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description 4.1 Dispatch Center Equipment System Description The CENTRACOM family of consoles features CRT -based consoles providing control of the communications system through flexible, user-friendly formats. The Elite consoles feature a Graphical User Interface (GUI) and operate on a Local Area Network in a client-server architecture. At the same time, CENTRACOM offers technical features such as remote electronics, tune division multiplex audio switching, self diagnostics, and fault minimization. The CENTRACOM products offers features such as: Dispatcher Interface Features: l Microphone/speaker or headset operation l Telephone audio to headset l Dispatcher to dispatcher intercom Display Features: l FIFO stacking of unit IDS that call dispatch l High visibility display of a field Emergency l Unit ID abasing - 10,000 aliases per database server Dispatch and Paging Features: l Talkgroup merge (multiple talkgroups merge using one repeater) l Dispatcher priority control of trunking repeaters l Selective calling features, by alias, to fieid units , l Paging capabilities accommodating Motorola and alternative tone signaling with aliasing on conventional channels l Pm-stored paging and selective call lists per operator position The Motorola CENTRACOM console design considers the possible consolidation of many communications system elements. The radio control, monitoring, and other controls and displays are included in a building block configuration. Changes, both operational and organizational, can be implemented by repositioning or integrating new building blocks into the system. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 92 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description - - 4.1.1 Dispatcher CRT Consoles CENTRACOM Elite features an intuitive, Graphical User Interface (GUI). It operators under the Microsoft Windows NT’U platform and follows the same standards as other windows programs. The screen layout is simple and uses screen space efficiently. The console interface electronics unit contains the select and unselect audio speakers with separate volume controls, built-in condenser microphone, radio and telephone input volume level controls, W meter, and operator position console electronics, associated cables, and power supply. A computer CPU, monitor, keyboard, and mouse or trackball is the operator interface to the console system. The CRT console supplies all the flexibility of the CRT console with mouse, and adds the capability of performing many functions with the touch of a fmger. - Along with a 2-button mouse or 2-button trackball can be used for a screen interface. The dispatcher executes functions and operations by using the mouse or trackball to position the cursor on the screen and pmssing one of the three buttons on the mouse or trackball. Screen Format A Menu Bar is provided at the top of the screen. It is placed horizontally across the screen, providing pull-down menu items for selection. The selected item will be high-lighted and a selection can be made by choosing the high-lighted item. Choosing anywhere outside of the menu window will close that menu window. A Tool Bar, which contains short-cuts to the menu items in the Menu Bar is represented by graphical icons. This Tool Bar is located as the second line on the screen immediately below the Menu Bar. This Tool Bar is capable of exhibiting up to seven graphical tool icons. The representatives of these tool icons are intuitive to the user. A clock is provided at the top of the screen to the right side of the Tool Bar. This clock will have a time display of Hours:Minutes:Seconds. Either a 12 or 24 hour display is available. The display is synchronized to the time generator in the CPU which is synchronized with the Server, therefore, all operators clocks will be synchronized. Setting the time at the primary supervisor’s console will change the time display on every console. Only the primary supervisor will have this capability. When the WWVB time synchronization is included in the system 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 93 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description design, all operator clocks will be synchronized to an external WWVB signal that is received by a dedicated WWVB mceiver. Receiver voting is included in the system design, and comparator interface cards have been included in the Central Electronics Bank equipment list. Controls for the voting system will be displayed on the on the screen. Indicators for the RECEIVE, VOTE, DISABLE and FAIL conditions are present on the screen from each voting receiver and controls which allow the operator to force vote and disable a receiver site am provided. Instant recall recorders are included and are operational from the Elite CRT screen. A method of controlling the instant recall recorder is provided on the screen. The recorder can be located in the same area as the operator console and the recorder’s control switches will be emulated on the screen. The instant recall recorder is wired to record the console telephone audio and to replay that audio upon demand through the unselect speaker, muting the unselect audio during playback The dispatch work area on the Elite CRT monitor will contain all resources including radio resources, or I/O controls. Resources will be displayed in widow tiles. All resources will be organ&d into folders. Each folder will have a tap labeled with the name of the folder. Up to 6 folders are available for organizing different resources. Each folder is capable of containing at least 32 radio resource tiles or at least 64 I/O resource tiles. Higher resolution screens may contain more resource tiles per folder. Each folder is capable of displaying a combination of radio resource and I/O resource tiles. The same resource is also capable of being represented on different folders. These resource tiles may be moved around on the screen to be placed anywhere within a folder. The operator is able to assign and deassign any resource to the console. l Auxiliary relay and buffer controls are included in the CENTRACOM Elite dispatch console, they can also be named using 14 characters. The Auxiliary input / output devices can support the following relay configurations ( relay contact ratings....1 amp ): l Momentary input l Momentary output 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 94 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description l Latching input l Latching output The Elite consoles operate on a Local Ama Network. The Console Administration program is provided as a standard feature with the Elite Server. This program shall allow the console manager to perform the following functions: Create new, and modify existing, and save configurations ( to be used by operator or shared ) Password protect configurations Determine the number of folders on the screen Determine if dispatchers will have the ability to assign and de&sign resources during dispatch. Determine if the activity log will be shown initially. Determine resource configuration Determine audio routing of resources to speakers Determine items that should go on the toolbar and where on the toolbar they should go. Console Database Manager KDM) The CDM is a graphic based program that allows configuration of the operator positions, channels, and hardware. The database created with the CDM can be downloaded from a single location to the appropriate dispatch positions and hardware. The database is stored on the server and may be accessed by the CDM over the LAN. Alias Database Manager (ADM) The ADM allows centrally stored alias names for IDS on the SmartZone system. The database is stored on the server. Up to 10,000 aliases per database can be stored. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 95 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description Elite Client - Server Oueration The Server provides the dispatch positions with controlled access to several central databases, dispatch screen configurations, aliases and dispatcher personality configuration information. Each dispatch positions contains all of the software applications: Dispatch, Admin, ADM and CDM. This means dispatch positions do not have to access software copies from the server. Since each dispatch position contains all of the software applications, any position can backup any other position, including the Supervisor. The dispatch positions only need to access the Server when they change displays, want an updated alias database-or need to access new resources. 4.1.2 Trunked Cousole Features CENTKACOM trunked consoles provide many dispatch features which are described below. 4.1.2.1 Footswitch and Mouse Operation The mouse is used to select console functions. In addition, the mouse button can be used as a PTT which will allow the console operator to transmit on any selected channel. The foot switch has two pedals, both of which produce the same PTT. 4.1.2.2 Trunked Talkgroup Selection and Call A talkgroup is selected in one of two ways: The frost method is by placing the mouse cursor over the CCW (Channel Control Window) Choose Area and depressing the Choose Mouse Key (The choose Area is the area that contains the name of the CCW). When the talkgroup is selected; the background of the Channel Name/Select Line for the talkgroup CCW will become highlighted Depressing the General Transmit button initiates the talkgroup calL 4.1.2.3 Console Busy Indication and Call Back In the SmartZone system, resources are assigned by the SmartZone Controller, and there is a possibility that all channels are in use when a call is requested. When a console attempts to transmit while no channels are available, the SmartZone 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 96 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description Controller provides the transmitting console with an indication that a Talkgroup channel assignment request cannot be granted at this time. The Talkgroup’s CCW flashes Busy until the channel is available. This occurs regardless of whether or not the dispatcher continues to depress the CCW Transmit bar. A busy tone is sounded if the dispatcher has the CCW Transmit Bar depressed when the busy indication is received. 4.1.2.4 M&Group or Announcement Group Call CENTRACOM trunked consoles allow multiple talkgroups to be selected for a multigoup call. All selected talkgroups will hear the dispatch call. 4.1.2.5 Emergency Alarm Display - When an Emergency Alarm is received at the CRT console the following occurs: . The Emergency Alann tone sounds in the select speaker and the Emergency Window appears on the screen. . If the Emergency Alarm occurs on a talkgroup located in the Radio Work Area of the CRT display, a red border will flash around the CCW and the trunked lD appears in the Call Status/ID line. If the Talkgroup is in the summary list, the background color changes to red and the name will flash. . In addition, a message will appear in the General Status Line of the Status Area (bottom right comer of the CRT display). This message identifies which Talkgroup the Emergency Alarm occurred on, and whether it is in the Radio Work Area or in the Summary List 4.1.2.6 Multiselect with Group Regrouping The Multiselect feature allows more than one Talkgroup to be selected simultaneously for a call from dispatch while utilizing a single RP resource. The console operator can talk and listen to all selected Talkgroups, however, the members of a Talkgroup cannot talk or listen to members of other Talkgroups but only to the console dispatcher and members of their own Talkgroup. The Multiselect must be set up by the console operator to be regroupable, otherwise each selected Talkgroup will require its own RP channel resource. 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 97 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description t 4.1.2.7 Console Priority In Motorola SmartZone trunked radio systems, the console operator has preemptive control of audio being transmitted on the system. The console has the authority to override the audio of any user which the console is monitoring. 4.1.2.8 Talkgroup Patch Talkgroup Patch with group regrouping allows a patch between Talkgroups, using only one RF Channel Resource. When multiple talkgroups have been patched together, users in these talkgroups wilI be able to communicate together, across talkgroup boundaries. - -. 4.1.3 Central Electronics Bank The Central Electronics Bank (CEB) is an electronics package that houses the following: l Interface modules for operator positions (local or remote) l Tone control l DC control or E&M control base stations . Monitor receivers 9 Auxiliary inputs/outputs logging recorder by trunked talkgroup (with appropriate hardware) l SmartZone system interfaces All of the audio routing is done via Tie Division Multiplex in the CEB. The CEB is made up of card cages, 25 pair tetmination cables, punch blocks with spark gaps, and power supplies. The CEB is housed in 90 inch racks and is remotely located from the operator positions. Card Cages: The card cage provides mounting space for two Operator Interface Modules and eight other base station interfaces, dual receive interfaces, or other interface modules. Above each slot is in the card cage is a second slot for the placement of an option card that will work with the module directly below it The card cage provides two 7-pair telephone company style jacks for connection to two operator position interfaces, and one 25-pair telephone company style jack for 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 98 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment b- SystemDescription the eight interface modules. Two additional 25-pair connectors are provided to be used if required by the use of option cards. On the top and bottom edges of the card cage are the power inputs and connectors to link multiple card cages together. Power Supplies: Power for the CEB is obtained from one or more included power supplies. Each power supply operates from 120 VAC; 60 Hz. Power supplies provide short circuit protection and over-voltage protection. Sealed lead acid batteries are included to preserve memory and real tune clock operation during brief AC main power faihnes. There is over-discharge protection. The status battery will provide up to 6 minutes of protection and requires 10 hours to recharge. When the console is using this battery, the dispatcher position will be nonfunctional. - Interface Boards: The interface boards are used to connect radio equipment or other devices to the CEB. Standard interface boards include: Operator Interface Module: Links the operator position with the CEB. Base Interface Moduie: Provides both a 2 wire and 4 wire audio interface for a base station or receiver Dud Receive Interface Module: Provides audio inputs for two independent monitors or auxiliary receivers. Comparator Interface Module: For use with four voting receivers. Used with a comparator display at each operator position. Auxiliary Input/Output Module: Provides additional capacity for input buffers and output relays up to a total of 16. Ambassador Interface Multiplex Interface (AIMI): Provides the interface between the CEB and the Embassy Audio Switch. Logging Recorder Interfaces: Since a talkgroup may not remain on a dedicated channel during the course of a conversation, the logging recorder interface tracks specific talkgroups as they are assigned different repeaters. These interfaces provide a dedicated talkgroup audio output for recording. 4.1.4 Oflke Style Furniture The CENTRACOM series furniture is a modem office-style modular dispatch workstation. The workstation clusters are capable of configuration in whole, 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 99 City of Carlsbad Dispatch Center and Microwave System Dispatch Center Equipment System Description - -. multiple or fractional groups to form a variety of work environments designed around physical constraints, task requirements and functional relationships. The workstations are accessible from above and below and are sized so that present and future wiring needs for power, telecommunications and computer data lines are not limited. The workstations are capable of accommodating devices for voice, power and data connections. Each workstation consists of an anodized structural aluminum frame assembly with integral, invisible fastening devices that am engaged and locked in place without the need for special tools. Acoustical wall panels are assembled securely enclosed within the framework. Work surfaces, drawer pedestals and accessory storage modules are mechanically attached to the framework with common tools. All wood substrates are Grade-A particle board. - The fabric wall panels are constructed of rigid aluminum frame with uprights slotted on 1” centers. Panels are of metal superstructure construction with fabric inserts with an NRC (noise reduction coefficient) of no less than 0.8 or greater. Panels are acoustical above and below the work surface. All panels include levelers with a minimum height adjustment of 2-l/2-inches to accommodate uneven floors. Panels meet a Class A fire rating. All panels are also stackable. Panels are available in a variety of heights from 42-l/4-inches to 66-inches high. The horizontal work surfaces are covered with desktop grade laminate with universal backing. Edge detail is integral, seamless, bullnose design with full radius and is high pressure laminate wrapped for damage resistance, aesthetics, comfort and user safety. All work surface joining points are smooth and uninterrupted. All surfaces are panel attached in accordance with Bu.riness and Institutional Furniture Manufacturers Association (BIFMA) requirements. Workstations are cot@ured with all work surfaces flush-mounted. Work surfaces are constructed of 45 LB density, solid flake board (“A” Grade) core, l-l/8-inches thick, with a high pressure laminate surface. Work surfaces have a seamless, post-formed front edge for worker safety and ergonomics. Rectangular “wing” work surfaces are fastened to the center work surface with a pin and cam locking device to keep seams tight. All work surfaces are floor- supported for maximum system strength. A cable trough at the junction of work surface to wall-panel interface is provided with a flat to conceal cables. 06lO6196 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 100 City of Carlsbad Dispatch Center and Microwave System Microwave System Description 4.2 Microwave System Description - -. The Carlsbad microwave spur has been designed as a part of the San Diego County portion of the RCS microwave system design, but will be procured by Carlsbad under this contract, operating as described in this Statement of Work. RF frequency coordination and path surveys have been completed under the RCS contract. Proper performance of the microwave radios depends upon the RF assignments providing interference free transmission paths throughout the system and freedom from High/Low RF interference around the loops which are a part of the RCS microwave system. The system design is subject to change pending licensing of the necessary microwave frequencies. The RCS digital microwave system is configured as four loops and associated spurs, including the spur into Carlsbad’s dispatch center. The North Loop supports the north simulcast cell and north county IntelliRepeater sites, as well as the Carlsbad and North County JPA dispatch centers. The South Loop supports the south simulcast cells and south county IntelliRepeater sites, as well as the HCFA dispatch center. 4.2.1 Microwave Radios The MegaStar(Ring)-2000 and DVM6(LJH)-45 microwave radios will operate in a ring/loop protected configuration and use space diversity, as required, to meet path reliability criteria of 99.999%. The DVM6-45 will be used in both the upper and lower portions of the 6 GHz band; but the MegaStar can only be used in the lower portion of the 6 GHz band due to its 30 MHz RF bandwidth requirement. The short system sector of the TMC - PSC - Black Mtn. - Lake San Marcos has traffic loading requiring the capacity of two DS3s whereas the remainder of the North and South Loops need only a single DS3. The high traffic section will utihze the MegaStar(Linear)-2000 radios in monitored hot standby mode to meet the traffic and reliability requirements. The majority of the spur loops, which use DVM6-8T or DVMIO-8/12T radios, will be configured in the monitored hot standby mode with space diversity. 4.2.2 DVMlO-8T The Carlsbad - Lake San Mamas spur will be a hot standby link of DVMlO-8T radios. The DVMlO-8T radio operate within the 10.550 to 10.680 GHz frequency bands allocated for point to point and Digital Termination System applications. With a transmission bit rate of 13.2 Mb/s, equivalent to 192 PCM 06Mi96 Motorola Confidential and Pronrietarv CSBD-MST.DGC Page 101 City of Carisbad Dispatch Center and Microwave System Microwave System Description c channels, or 19.5 Mb/s, equivalent to 288 PCM channels, they have connections available for VF, DS 1, and DS2. Part of the DVM family of products, the DVMlO-8T is a medium capacity radio with an effective cost to capacity ratio. With the integral DVTx digital multiplex all of the SCAN networking features are available. The radio has the following special features: Efficient Modulation 49-QPRS modulation (Quadrature Partial Response Signaling) is used to achieve a 3.75 MHz (8 DSl) or 5.0 MHz (12 DSl) bandwidth for point to point allocations. _ Medium Capacity The integral DVTx multiplexer accepts up to twelve DSl signals (or three DS2s) and connects with the DVS-II service channel. Power options Standard and high power versions are available to provide extra system gain where path reliabilties require, yet avoid the added cost for shorter paths. Noise Reduction The inttinsic error floor is significantly better than lo-“. At system distances as great as 1000 miles, excessive jitter will not accumulate due to data regeneration. Flexibility and reliability are designed into the DVMlO-8T. Utilised as part of a VersaTllity network or stand-alone in a point to point application this radio provides the microwave radio operator with the most up to date technology in a medium capacity application. 4.2.3 Antenna and Transmission Lines The antenna system includes parabolic antennas, elliptical waveguides, and hardware for antenna feeder installation. The parabolic antennas are of the stipulated diameter and include radomes. The length of antenna feed lines and 06m6i96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 102 City of Carlsbad Dispatch Center and Microwave System Microwave System Description installation hardware ate based upon the RCS furnished centerline data plus a nominal addition of 50 feet. 4.2.4 Power Systems The battery/charger plant includes appropriately sized GNR type batteries and redundant La Marche rectifier/chargers, and accessories. Racks supplied for this equipment ate designed for earthquake zone 4 requirements. The plants are sized for the proposed equipment and PCM channel bank loads, plus future growth. - The rectifier/charger equipment are proposed on a ” l+l” redundancy basis for the single units and an “N+l ” basis for the multiple units. - The DC plants also include DC distribution circuit breakers, a battery disconnect panel, an ammeter, a voltmeter, and specified alarms. The required input AC source, number of circuits, rack requirements and redundancy for the Carlsbad rectifier/charger equipment are indicated below. Rectifier / Charger Type A36F-20-48V-Al Capacity (Amps) ~~ I 20 I Required AC Circuits I 2 I Required # of Racks 1 I Redundancy I l+l 06/06/96 CSRD-MST.DGC Motorola Confidential and Pronrietarv Page 103 City of Carisbad Dispatch Center and Microwave System PRJZMISYS IMAC/800 Channel Banks 4.3 PREMISYS IMACS/SOO Channel Banks The IMACY800 (Integrated Multiple Access Communications Server) Channel Banks take the place of many network access devices, including: l csus l DSUs l Channel banks l Drop-and-insert multiplexers l Digital cross-connect systems One IMACS/800 enclosure can interface up to 8 Tl or El circuits, or both. The IMACS/800 can be a digital cross connect switch (8 Tl or El non-blocking). All the circuits are programmable by terminal menu screens using a simple communications package. Other capabilities include voice compression, sub-rate data multiplex onto a single DSO time slot and redundant CPUs and power supplies. An optional network management system is also available. The product also supports interfaces for newer communication protocols such as frame relay, ISDN and video. 4.3.1 Chassis The physical dimensions are 9 l/4-inches length, 17-inches wide, 15 3/8-inches depth. The unit is rack mountable on standard 19-inch racks. Each chassis can support up to two CPU cards, two power supply cards, four WAN cards, three resource cards, one interface card and eight user cards. 4.3.2 Redundant CPU/Power Supplies and WAN Cards In the unlikely event of equipment failure, the channel banks ate constructed with redundant features that will switch operation from failed critical components to “backup” replacements with the minimum loss of service possible. The three areas of redundant operations are the power system, the CPU card and the WAN card. Each of the unit power supply components are designed to switch to the alternate supply in the event the primary unit fails. Additionally, the defective unit will 06/06/96 Motorola Confidential and Pronrietarv CSBD-MST.DOC Page 104 City of Carlsbad Dispatch Center and Microwave System PREMISYS IMAu800 Channel Banks - -. display a red LED and create an alarm upon failure to alert the operator of the condition so that suitable diagnostic and repair work may be initiated. CPU card redundancy is valuable because of the critical nature of the CPU card to the operation of the entim channel bank. CPU redundancy is supported in the cross-connect units using two cards. The CPU card installed .ti slot C2 will become the redundant mate of the card in slot C 1. Switch over from one CPU card to the other is triggered by any one of the following conditions: l A software command issued by the operator - l Removal of the active CPU card l Failure or malfunction of the active CPU card Tl redundancy is supported in cross-connect systems. One or more of the following events can trigger a WAN redundancy switch over: l A software command issued by the operator l The removal of the active WAN port or card l The failure or malfunction of the active WAN port or card l CGA alarm declaration on the active WAN port or card During a WAN redundancy switch over, disruptions to voice and data traffic are momentary and traffic will recover automatically. In cross-connect systems, WAN redundancy uses a dual WAN card with relays. The WAN card with relays acts as the redundant card for the WAN cards installed in slots Wl through W3. This is known as 1xN redundancy. Following a redundancy switch over, the relay module switches the output of the redundant WAN card to the correct pins on the WAN connector of the interface card. In cross-connect systems, redundancy switching occur on a WAN card (not port) basis. 06/06/96 Motorola Confidential and Pronrietatv CSBD-MST.DOC Page 105 City of Carlsbad Dispatch Center and Microwave System PREMISYS IMAC/800 Channel Banks 4.3.3 CPU Card : The CPU card controls all operations of the system. The CPU supports up to four WAN cards for a total of eight Tl WAN ports and has a built-in cross-connect module. The CPU also supports 1xN WAN redundancy. (See description above.) 4.3.4 Power Supply 48V DC power supplies are used. The 48V DC battery bank supplied for the microwave radios will also supply the 48V DC input power to the power supplies. - -. 4.3.5 Ring Generator Telephone links are provided from the PSC to all remote microw<ve sites. One channel bank at each site is equipped with a ring generator. The ring generator provides ringing voltage at 105 VAC (nominal) at 20 Hz for 11 simultaneously ringing (or 24 non-simultaneously ring) voice ports. 4.3.6 WAN Card WAN cards manage the flow of data through the channel bank They are also the point of Tl termination and the source of the system clock. DSX modules are used to connect to Tl facilities operating at 1.544 Mbps. 4.3.7 Interface Card The interface card controls many critical functions in the system. It provides interfaces to external control devices, terminates all Tl WAN links, and holds the nonvolatile RAM and the internal modem. The Interface card provides all communications connections to the system. The interface card has aII communications, control and network interface ports and an internal modem. Only the nodal port and the control terminal port are used. 4.3.8 Nodal Port The nodal port allows Alarm Cut Off (ACO) alarm reporting to the Harris StarScan Network Manager using the co-located Harris DVA Digital Alarm Remote Assembly. The nominal output of the AC0 is 5V and the short-circuit is 250 mA. The alarm interface is activated by the AC0 pre-programmed setting. The nodal port uses an RI-48 connector. Pins 3,4 and 5 form an RS-485 compatible c-contact closure. 06/06/96 Motorola Confidential and Promietarv CSBD-MST.DOC Page 106 City of Carisbad Dispatch Center and Microwave System PREMISYS IMAcA?OO Channel Banks The AC0 feature is used by the system to alert the operator of a preprogrammed set of alarm conditions. A manual met is required to clear the alarm condition. Manual reset is accomplished by physically resetting the interface card. 4.3.9 Control Terminal Port The control terminal port is used to connect VT- 100 compatible terminal for direct on-site provisioning “setup” and alarm reporting. See “System Provisioning”, below. -- 4.3.10 User Cards Although them are a number of user cards available, only the SRU, E&M and Digital Simulcast Modem II cards are employed for this system. 4.3.10.1 SRU Cards Sub-rate data cards allow you to connect low and medium speed (2.4 - 38.4 Kbps) data terminal equipment (DTE) and data communications equipment (DCE) to the system. Since a port does not require a complete 64 kbps time slot, the SRU card allows you to multiplex up to ten RS232 devices into a single, subdivided time slot on a WAN card. Each port receives its timing from the system clock. 4.3.10.2 E&M Card E&M cards manage the flow of voice (non-simulcast voice) traffic over the network. Each card controls up to eight units or channels. Normal E&M, Transmission Only and E&MR2 modes are supported. 4.3.10.3 HSU Card HSU cards allow connection of high speed data terminal equipment (DTE) and data communications equipment (DCE) to the system. The HSU model 8212 supports two V.35 data ports. 06/06/96 Motorola Confidential and Pronrietatv CSBD-MST.DOC Page 107 City of Carlsbad Equipment Lists Dispatch Center and Microwave System 5. EQUIPMENT LISTS The following sections contain equipments lists for the Dispatch Center Equipment, Console Interface Equipment, and Microwave Equipment. - 06/06/96 CSBD-MST.DOC Motorola Confidential and Pronrietarv Page 108 City of Carkbad Dispatch Center Equipment Dispdch Cantor Equlpmont Item Qty Nomenclature Descrlptlon Dbpatch Conso#e Eaubment 1 5 lDNW36. 2 5 TDNl126 3 5 81809 3 a 5 K57OAB 3 b 5 K704AA 3 c 5 K739 3d 5 K154AA 38 5 X211 4 5 TENW31A 5 5 TDNW32A 6 6 TDN7881 7 5 BKN6170 8 1 BlBllAC 8a 1 K565 8 b 1 K837-C 8c 1 K206AF 8d 1 X766 fj e 1 KW5AD 8 f 1 X643AG 8 g 1 K153AB 8h 1 K206AE 9 2 81426 10 4 81423 11 3 B1442 12 1 B1633 13 7 B184OA 14 1 Q3207 14 a 1 K756 15 1 B1827 15a 5 X291 15 b 7 X597 15c 1 X299 15d 1 X300 16 1 BLN7011A 17 1 B185OA 18 1 81814 19 ! 81813 20 1 81819 21 1 81820 22 1 B1792A 23 5 BDN6412 24 5 BDN6700 Unit Price Total COMPUTER/l00 MHz/lGB RAM/WINDOWS NT 17’ MONTIOR FOR ELITE OP PCS DESKTOP GOLD SERIES DESKTOP CIE INTERFACE HEADSET JACK SECOND HEADSEl JACK AUX SIGNALING INPUT W/PTT INF’UT 100 FOOT SrD CABLE (7 PAIR) WlNDOWS INSTALLATlON WINDOWS NT UCENSE UPGRADE TO ELITE WlNDOWS NT WORKSTATION SOFkVARE ELITE UPGf 5265.90 1440.00 6228.00 158.40 158.40 !5u.w 74.16 432.00 30.96 305.00 3-BUTTON MOUSE TELEPHONE HEADSET INTERFACE CBL GOLD SERIES CEB (3 CARD CAGE) RS232 INTERFACE / OMI RELOCATOR EXPRESS SERVICE PLUS 3 CC BATTERY BACKUP ALIAS DATABASE MANAGER INTERFACE TRUNKED AIMIS AEB-CEB T 1 XBUS CH24 SIG 50 FOOT CABLE (25 PAIR) BATTERY BACKUP COMPARATOR INTERFACE MODULE DUAL RECEIVE INTERFACE MODULE AUXILIARY I/O INlERFACE MODULE DIRECT PHONE INTERCONNECT MODULE GOLD BASE INTERFACE MODULE SMART PHONE INTERFACE MODULE SHIP LOOSE BOX GOLD SERIES LICENSE MANAGER (FLASHKEY) GOLD CRT OPERATOR SOFIWARE UCENSE CONVENTIONAL CHANNEL SOFMlARE LICENSE TELEPHONE INTEGRATlON SOFTWARE UCENSE SMARTZONE ANALOG CONSOLE SOFM/ARE UC GOLD TIMER LOGGING RECORDER INTERFACE - 8 TRACK GOLD CRT/ELITE OP SPARES GOLD SERIES SYSTEM SPARES (COIM) GOLD CEB SPARES - CONVENTIONAL CEB SlNGLE POWER SUPPLY SPARES AIMI SPARES DIGITAL CALL CHECK - OPERATES FROM SCRN ADD 10 MIN TO CALL CHECK MEMORY (20 MINI 61.92 87.84 19872.00 214.56 1072.80 360.00 720.00 7902.00 0.00 53.28 3m3J 1044.00 662.40 889.20 1148.40 568.80 864.w 12.96 72.00 35w.w 200.00 100.00 ,500.00 649.44 5771.52 1957.68 3240.00 2168.64 36w.00 3836.88 4555.80 1479.60 26329.50 72oo.al 31140.00 792.00 792.00 270.00 370.80 2160.00 154.80 1530.00 371.52 439.20 19872.00 214.56 1072.80 360.00 720.00 79IM.00 om 53.28 360.00 2088.00 2649.60 2667.60 1148.40 398 1.60 8a.w 12.96 72.00 17500.00 1400.00 100.00 5w.w 649.44 5771.52 1957.68 3240.00 2168.64 36cQ.w 3836.88 22779.00 7398.00 - -. 186489.78 Page 1 Buc&up contd stuttum 25 5 T99DX 25 a 5 132W 25 b 5 6242 25~ 5 W665 25d 5 G51 25 e 5 G114 26 5 H1623 26a 5 6806 27 5 RRA4976 28 375 L17W 29 10 TDN9714 city of ca&bad Dt.qmtch Centef Equipment ASTRO SPECTRA DlGlTAL MOBILE RADIO 1881.00 W7 VERSION 327.00 ASTRO DIGITAL OPERATION 0.00 CONTROL STATION OPERAllON 324.00 ENH: SMARTZONE OPERAllON 434.00 ENH: DIGITAL ID DISPLAY 42.00 ASTRO FlASHPORT DlGlTAL PKG 0.00 ENH: APCO 25 CAl 33.33 MAG MOUNT ANTENNA MINI UHF CONN 35.10 l/4’ wl.Ex CABLE 1.71 N PLUG CONNECTOR 15.08 9405.00 1634.99 0.00 1620.w 2170.00 210.00 0.00 166.65 175.50 641.25 150.75 16174.14 Dbpdch Confer Fumihlm& Accessodes 30 1 FURNlTURE RADlO DISPATCH, CALL TAKER % SUPERVlSOR PER ENCLOSED DRAWlNGS 74501.06 74801.06 Page 2 city of Carlabad Console Interface Equipment Cansob Inttico Equipment Item Qty Nomenclature Descrlptlon Unlt Price Total 1 1 TDN1128A BITRUNNR BASE UNIT 2245.50 2245.50 la 1 TDN1105A lc 8 TDNl114A ld 2 TDN113OA 2 1 DGfREM8918 3 2 DQFUEM8902 4 1 DQPREM8904 5 1 DQPREM8920 6 2 DGfREM8801 7 1 DQFQEM8010 8 4 DQPREMB 11 9 1 DQFREM8118 10 1 DGf’REM8128 11 1 MWQGN6428 12 1 DQPREM8212 13 1 TDNl127 12 PORT HUB HUB CABLES SYNC CABLE UNIVERSAL ENCLOSURE DC POWER SUPPLY -48VDC RING GENERATOR INTERFACE CARD W/2400 B MODEM CPU CONTROL CARD W/CROSS CONN DUAL Tl /El UNE INTERFACES DSX/CEPT PLUGIN MODULE 8 PORT 4 WIRE E&M/IO 8P. 2W, 900 OHM FXS/FXSDN/PlJR/DPO FUSE ALARM PANEL 2 PORT I-W V.35 CARD 1 PORT SYNC CARD 1003.50 30.80 .180.00 135O.W 1125.00 450.00 2025.00 !x62.!xI 1912.50 562.50 1350.00 1462.50 607.50 1633.50 990.00 1003.50 244.80 340.00 1350.w 2250.00 450.00 2025.00 10125.00 1912.50 2250.W 1350.00 1462.50 607.50 1633.50 990.00 30259.60 -. Page 1 clly of cartsbad Mkxowave Equ@ment List Mkmwavo Eqdpmont Item Qty Product Tvpe Product Number Desaiptlon @dhl/ fbfkfOWUW mdk SDlU lo.6 G/f2 - 1 2DRP 2 PDRP Unit Price Total Terminal HP (MHSB) eh 4 DSl Ml-2 unit 69339 864 138678 1728 smvlce chum*/ 3 1 DAE supefviscYfyAhlml/conhvl 4 1 DAB 5 1 DAB 6 1 DAB - 10.615 GHz Antenna System 7 2 wx P2-lO!JA/R2E 8 4 wx 19oDE/CPlxQG 9 2 wx 55001-w 10 2 wx wFrP9&24-la5 11 235 wx 12. 7 wx 4239BA-5 13 7 wx 317696 14 7 wx 317681\ 15 6 wx 16 2 wx 17 2 wx 18 2 wx 19 2 wx 317718 PRESSllRlZ4llON EQUIPMENT 20 1 wx MT-050-101 CHARGERSAND BAl7ERY PLANIS 21 lwc A36F-2@48V-A 1 BAnERYmANts DVS-II - Terrninal OT 2-Way; &I handset 3736 3736 DvA(ehv32AJmsand8-cumis) W=WnpAdapbw SCAN cable 48 75 2~AntemaefwRadome 1863 Connector, Standard 387 WWndsJv 69 FlexTvvistWaquide(2ft) 516 Elli@cal wanmgukh (p&&t) 19 HangerKt(10perldt4fts@q) 54 l-la&am Kit (W4” lcrlg) la &lgleAdapterKit(10perklt) 87 GroutldtlgtGt(withfieki-Lug) 55 HoisthgGiip 54 W-A Boot (5 inch) 101 Feed-th Plate (4 openings) 264 -RodSupport (5perkit2fwt) 151 4243 48 75 3725 1546 137 1033 376 125 605 331 107 203 528 301 Detlydrator&LowPrwssure Alarm(wallmCUrIt~ CHAFIGERS (IY Redundant) 3205 3206 Input Single Phse 12ov16oH~ Out@ 4BVDC; Rack 7.5’ heightx23”wi&h;S&micZme4Radc(7.5hei&tx23” width); Gomd Bar; Lug Kit Battery Dii Panel; EquasZe Tk~ler; Breaker Panel. output2oAmps 9182 (Includes Seismic Zone 4 Modular Steel Trays) 22 1PDC GNBlO5AHBatbyPiant sERvlcEs 5154 23 SYSTEMS AND APPLICATIONS ENGINEERING 23a 1 WA AppliEngineering 23b 1 SND Drafting 23c 1 SNS Systems Englneerlng 24 FACTORY lNlEGRA’llON AND SYSTEM TEST 2Qa 1 SMI SPIQ lncludlng StarScan 24b 1 SMC SIPQ Customer Acceptance Support 25 TRANSMISSION ENGINEERING 987 1054 69 179 2Sa 1 SNT Transmission Englneerlng 2352 2352 Page 1 26 26a 1 SNP 26b 1 SNE 26 c 1 SrJI 26d 1 PDK 27 27 a 1 27 b 1 27c 1 c3yofcarlsbad Mkxowave Equfprnent Ust PROGRAM MANAGEMENT AND lNSlAUA~ON Program Management ProJect Englneerlng Reid Englneertng vendorservlces FREIGHT FREIGHT To HARRIS FARlNON/VENDOR Freight for Rectttlers/Chargers to Vendor FREIGHT TO SITE Freight for Antennas to Carkbad Rack freight for equipment to San Diego 3682 3682 17oM 17064 25636 25436 14851 14851 7910 7910 273690 Page 2 COMMUNICATIONS SYSTEM AGREEMENT This Agreement, made and entered into this day of 1996, by and between Motorola Inc., a Delaware corporation, hereinafter referred to as “Motorola” or “Seller”, and the City of Carisbad, California, a municipal corporation, hereinafter referred to as “Purchaser”. Witnesseth: Whereas, the Purchaser desires to purchase a Communications System; and Whereas, Motorola desires to sell a Communications System; and Therefore, the parties hereby enter into an agreement pursuant to which Motorola shall perform the work and furnish the equipment and services as more fully set forth herein and in the following exhibits, which are either attached hereto or incorporated by reference and hereby made a part of this Agreement: - Exhibit A General Provisions dated January, 1987 consisting of six (6) pages and nineteen (19) sections. Exhibit B Motorola End-User Software License Agreement. Exhibit C Motorola Proposal including Acceptance Test Plan, Equipment List and Statement of Work dated . /Vow, Therefore, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Section 1 Scope of Work A Motorola shall furnish all of the equipment as outlined in Exhibit C, and provide such tools, supplies, iabor and supervision necessary for the installation for those items purchased to be installed as detailed in Exhibit C for a Communications System. B. Purchaser shall in addition to responsibilities described in the Statement of Work included in Exhibit C of this Agreement perform the following coincident with the performance of this Agreement: (1) (2) (3) (4) (5) Provide a designated Project Director. Provide ingress and egress to Purchaser’s facilities and/or sites as requested by Motorola and have such facilities available for installation of the equipment to be installed. Provide adequate telephone lines for the installation and operation of the equipment. Provide adequate AC Power at 117 VAC + lo%, 60 Hz for the installation and operation of the equipment. Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the Purchaser. The Purchaser shall be solely MotoroWCarlsbad -l- June 6, 1996 liable for loss or damage to equipment prior to, during and following installation when such equipment is on or within Purchaser’s facilities and/or vehicles. Section 2 Sites This Agreement is predicated on the utilization of sites and site configurations, which have been selected either by the Purchaser or by Motorola as contained in the Motorola proposal. in either situation, should it be determined by either Motorola or Purchaser during the course of performance on this Agreement that the sites or configuration selected are no longer available or desired, new or replacement sites or configuration will be selected and approved by both Motorola and the Purchaser. If any price adjustments are necessary as a result of these new or replacement sites, such price adjustments will be added to this Agreement by change order in accordance with Section 4 of the General Provisions. - - Section 3 Subsurface/Structural Conditions This Agreement and the hotoroia proposal are predicated upon normal soil conditions defined by E.I.A. standard N-222 (latest revision). Should Motorola encounter subsurface, structural, and/or latent conditions at any site differing from those, indicated on the specifications, or as used in the preparation of the bid price, the Purchaser will be given immediate notice of such conditions before they are further disturbed. Thereupon, Motorola and the Purchaser shall promptly investigate the conditions and, if found to be different, will adjust the plans and/or specifications as may be necessary. Any changes which cause an adjustment in the contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of the General Provisions. Section 4 Period of Performance A Motorola shall complete the work in accordance with the following schedule: ( 1 ) Delivery date of’equipment ( 2 ) Completion of installation ( 3 ) Final Acceptance/Completion of Acceptance Test B. Whenever Motorola knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the work, Motorola shall within thirty (30) days give Purchaser notice thereof and may request an extension of time to perform the work. C in order to successfully integrate and implement this project, shipments will be made F.O.B. Destination to Purchaser facilities, local Motorola staging facilities, warehousing facilities, or any combination thereof. It is agreed that this plan is acceptable to Purchaser and that Motorola will advise prior to shipment of actual destination and that purchaser will accept shipment, and make payment as required by this Agreement. D. It is also agreed that equipment shipping da-tes reflected in this agreement or in Motorola proposals are estimates only, and that shipment may be made at any time prior to, or subsequent to these estimated shipping dates. MotoroWCarlsbad -2. June 6. 1996 Section 5 Acceptance Criteria A 8. C _~ -- Motorola has included an Acceptance Test Plan (“ATP”) which has been agreed to by both parties either in writing prior to this Agreement or by execution of this Agreement and is a part of Exhibit C to this Agreement. The successful completion of the ATP will be the sole criterion for system acceptance. Should the Purchaser commence use of the system or any sub-system thereof for their intended purposes, other than for the express purposes of training or testing, prior to system acceptance, final payment for said system or sub-system shall be due net thirty (30) days. The warranty or maintenance periods for such equipment put into use, unless warranty or maintenance has already begun, shall be deemed to have commenced concurrently with the use of the equipment for its intended purpose. The use of the equipment for its intended purpose shall be deemed to have occurred when the Purchaser commences to use and rely primarily on the equipment for its communications. Upon notification ‘by Motorola that the system is available for acceptance testing, it is agreed that should the acceptance testing of the system or any subsystem thereof be delayed for reasons beyond Motorola’s control, that final payment for the subsystem or system shall become due net thirty (30) days and warranty or maintenance shall commence upon notice to Purchaser by Motorola. Section 6 Payment Schedule A Motorola agrees to sell ail of the equipment and perform the services as outlined in the Scope of Work and in Exhibit C, and Purchaser agrees to buy the aforementioned equipment and services for the sum of Dollars ($ ). B. The Purchaser shall make payments to Motorola as follows: In accordance with the terms of the Equipment Lease Agreement or as determined between Motorola and the City. All invoices shall be due and payable net thirty (30) days from the date of invoice C In the event of failure or delay by the Purchaser in providing sites, space, approvals, licenses, or any other Purchaser obligations required preceding delivery of Motorola equipment, it is agreed that Motorola, at its sole discretion, may ship equipment as planned and that the Purchaser will accept the equipment and make payment in accordance with the terms of this Agreement. Any additional costs incurred by Motorola for storage of equipment will be invoiced and paid by Purchaser. Section 7 Project Management A If the size or complexity of the project warrants, Motorola will assign a Project Manager, who is authorized to exercise technical direction of this project. Motorola, at any time, may designate a new or alternate Project Manager without written notice. B. Ail matters affecting the terms of this Agreement or the administration thereof shall be referred to Motorola’s cognizant Contract Administrator who shall have authority to negotiate changes in or amendments to this Agreement. MotoroWCarlsbad -3- June 6. 1996 Section 8 Notice Addresses A Motorola, inc. 9980 Carroll Canyon Road San Diego, California 92131-l 186 Attn.: Contracts And Compliance Department B. City of Carlsbad 2560 Orion Way Carlsbad, California 92008 Attn.: Section 9 Order of Precedence In the event of an inconsistency in this Agreement, the inconsistency shall be resolved in the following order: a -- -. Exhibit A Exhibit B General Provisions dated January, 1987 consisting of six (6) pages and nineteen (19) sections. - Motorola End-User Software License Agreement. Exhibit C Motorola Proposal including Acceptance Test Plan, Equipment List and Statement of Work dated Section 10 Disputes Motorola and the Purchaser will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and the Purchaser within thirty (30) days after written notice by one of the parties demanding non-binding mediation. Neither one of the parties may unreasonably withhold consent to the selection of a mediator, and Motorola and the Purchaser will share the cost of the mediation equally. By mutual agreement, however, Motorola and Purchaser may postpone mediation until both parties have completed some specified but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of non- binding alternate dispute resolution procedure (“ADR”). Any dispute which cannot be resolved between the parties through negotiation or mediation within two (2) months of the date of the initial demand for it by one of the parties may then be submitted to a court of competent jurisdiction in Illinois. Both Motorola and Purchaser consent to jurisdiction over it by such a court. The use of any ADR procedures will not be considered under the doctrine of laches, waiver or estoppel to affect adversely the rights of either party. Nothing shall prevent either of the parties from resorting to the judicial proceedings mentioned in this paragraph if (a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to one of the parties or others. Section 11 Severability if any portion of this Agreement or any exhibits hereto is held to be invalid, such provision shall be considered severable, and the remainder of this Agreement or any provision hereof shall not be affected. MotorolaKarlsbad -4. June 6, 1996 Section 12 Headings and Section References The headings given to the paragraphs herein are inserted only for convenience and are in no way to be construed as part of this Agreement or as a limitation of the scope of the particular paragraph to which the heading refers. Section 13 Full Agreement This Agreement and Exhibits hereto constitute the final expression of the agreement of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the work. This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representatives of both parties. In Witness Whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the last day and year written below. . MOTOROLA INC. CITY OF CARLSBAD, CALIFORNIA By: (Signature) By: (Signature) Name: (Print - Block Letters) Name: (Print - Block Letters) Title: Title: (print - Block Letters) (Print - Block Letters) Date: Date: MotoroleKartsbad -5- June 6. 1996 EXHIBIT A - GENERAL PROVISIONS Section 1 Standards Of Work Motorola agrees that the performance of work described in this Agreement and pursuant to this Agreement shall be done in a professional manner and shall conform to professional standards. All packaging and packing shall be in accordance with good commercial practice. Section 2 Taxes The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, sales, lease, gross income service, rental, use, property, occupation or similar taxes. if any taxes are determined applicable to this transaction or Motorola is required to pay or bear the burden thereof, the Purchaser agrees to pay to Motorola the amount of such taxes and any interest or penalty thereon no later than thirty (30) days after receipt of an invoice therefor. - Section 3 Shipping, Title and Risk Of Loss - All sales and deliveries are F.O.B. Destination. Motorola reserves the right to make deliveries in installments and the Agreement shall be severable as to such installments. Title to the equipment shall pass to the Purchaser upon delivery to the F.O.B. Point. After delivery to the F.O.B. Point, risk of loss and damage to the articles shall be borne by the Purchaser. The above notwithstanding title to software and any third party supplied software shall not pass upon payment of the license fee therefor or under any circumstances. Section 4 Changes in the Work A The Purchaser may, at any time, by written order, make changes within the general scope of the work, including but not limited to revisions of, or additions to, portions of the work, or changes in method of shipment or packaging and place of delivery. 8. If any order under this Section 4 causes an increase or decrease in the cost of or time required for the performance of any part of the work under this Agreement, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Motorola is not obligated to comply with any order hereunder unless and until the parties reach agreement as to the aforementioned equitable adjustment and same is reflected as an addendum to this Agreement. Section 5 Limitation of Liability Except for personal injury or death, Motorola’s total liability whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular products sold hereunder with respect to which losses or damages are claimed. Purchaser’s sole remedy is to request Motorola at Motorola’s option to either refund the purchase price, repair or replace product(s) that are not as warranted. In no event will Motorola be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special, or consequential damages to the full extent such may be disc/aimed by law. No action shall be brought for any breach of this contract more than one (1) year after the accrual of such cause of action except for money due upon an open account. MotoroWCarlsbad -l- June 6. 1996 Section 6 Excusable Delays A Neither Motorola nor the Purchaser shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God; fire; strikes; material shortages; compliance with laws or regulations; riots; acts of war; or any other conditions beyond the reasonable control of the party or parties. B. Delays as identified herein may cause an impact on the Period of Performance stated in the Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 7 Default A If Motorola is wholly responsible for failure to make delivery or complete installation under the agreement, the Purchaser may consider Motorola to be in default, unless such failure has been caused by the conditions set forth in Section 6 of these General Provisions. - 8. The Purchaser shall give Motorola written notice of such default and Motorola shall have thirty (30) days to provide a plan of action to cure said default. If Motorola fails to cure said default, the Purchaser may terminate any unfulfilled portion of this Agreement or complete the system through a third party. In the event the Purchaser completes the system through a third party, Motorola shall be responsible for an amount in excess of the Agreement price, not to exceed the value of the terminated portion, incurred by the Purchaser in completing the system to a capability not exceeding that specified in the Agreement. In the event of default, Motorola shall not be liable for any incidental, liquidated, special or consequential damages. Section 8 Delays by Purchaser If the Purchaser is responsible for delays which cause the installation and acceptance of this system as defined in the Agreement, to be rescheduled beyond the Period of Performance set forth in the Agreement, the Purchaser shall be liable for actual costs incurred by Motorola resulting from these delays. Such charges may include, but are not limited to, additional Engineering; rescheduling charges; storage charges; maintenance charges; and transportation charges. The Purchaser shall have the option to attempt to minimize actual costs incurred by storing and transporting equipment at its own expense. Motorola reserves the right to modify payment terms in the event of such delays. Section 9 Licenses/Authorization The Purchaser is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission and for complying with FCC rules. Neither Motorola nor any of its employees is an agent or representative of the Purchaser in FCC matters or otherwise. Motorola, however, may assist in the preparation of the license application at no charge to the Purchaser. Purchaser acknowledges that project implementation is predicated on receipt of proper FCC licensing. Section 10 Indemnification Motorola agrees to and hereby indemnifies and saves Purchaser harmless from all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered from the Purchaser by reason of or on account of damage to the property of the Purchaser or the MotoroWCarlsbad -2. June 6. 1996 property of, injury to, or death of any person, when such damage or injury is caused by Motorola’s sole negligence or that of its employees, subcontractors, or agents while on the premises of the Purchaser during the delivery and installation of the communications equipment. In no event will Motorola be liable for incidental, special or consequential damages. Section 11 Equipment Compatibility Motorola agrees that the equipment, will perform in accordance with the specifications and representations stated in Motorola’s Proposal and Equipment List included in this Agreement. This Agreement does not extend to the performance of the equipment as a part of a larger system generally nor specifically to equipment in combination with products, elements or components not supplied by Motorola. Section 12 Warranties Please refer to Schedule 1, attached hereto and incorporated herein by this reference, for a description of the Motorola-provided warranties. Section 13 Confidential Information - -~ - -. Motorola proprietary computer programs will be released in accordance with the Software License provisions set forth elsewhere, if applicable. All other material and information of confidential nature marked Motorola Proprietary and Confidential will be released as necessary under the following conditions: ( 1 ) Purchaser shall exercise reasonable and prudent measures to keep these items in confidence. ( 2 ) Purchaser shall not disclose these items to third parties without prior written permission, unless Motorola makes them public or Purchaser learns them rightfully from sources independent of Motorola, or it is required by law to be disclosed. ( 3 ) Motorola, where necessary, retains the right to prescribe specific security measures for the Purchaser to follow to maintain the confidentiality. In the event disclosure of such information is necessary, a separate Non-Disclosure Agreement will be required. Section 14 Software License Motorola will, in the course of the transaction for the items of equipment identified in the Agreement, deliver to Purchaser, on a licensed basis, one or more computer programs (“Motorola Software”). Delivery of all Motorola Software by Motorola and acceptance of same by Purchaser shall be made only under the terms and conditions as contained in Exhibit B attached hereto and made a part hereof. The terms and conditions of the License Agreement contained in Exhibit B shall survive the completion of the Agreement. MotoroWCarlrbad -3- June 6, 1996 Section 15 Patent Indemnification Motorola agrees to defend, at its expense, any suits against Purchaser based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright, and to pay costs and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing and at Motorola’s request and expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any such product(s) furnished hereunder is enjoined as a result such suit, Motorola, at its option and at no expense to Purchaser, shall obtain Purchaser the right to use or sell said product(s) or shall substitute an equivalent product or products reasonably acceptable to Purchaser and extend this indemnity thereto or shall accept the return of said product(s) and reimburse Purchaser the full purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the combination of any product(s) furnished by Motorola and other elements nor does it extend to any product(s) of Purchaser’s design or formula. Section 16 Disclaimer of Patent License - -. Nothing contained in this Agreement shall be deemed to grant, either directly or by implication, estoppel, or otherwise, any license under any patents or patent applications of- Motorola, except that Purchaser shall have the normal non-exclusive royalty-free license to use that is implied, or otherwise arises by operation of law, in the sale of a product. Section 17 Waiver Failure or delay on the part of Motorola or Purchaser to exercise right or power hereunder shall not operate as a waiver thereof. Section 18 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Section 19 Assignability The Agreement may not be assigned by either party hereto other than Motorola may assign this order to one of its Subsidiaries as in the normal course of business. MotoroWCartsbad -4- June 6. 1996 ctlyorcalsbad Dispatch Center and Microwave $&em Equlpmenl Summary: CarlsbadD@atchCenter Dispatch Console Equlpment Backup Control Statlons Dkpatch Center Furniture & Accesorles Console Interface Equipment Mkmwave!sydem Mlcrowave Equipment Total Equipment Cost Tax 7.75 % of Equipment Microwave Vendor services Detailed System Des&~ Detailed lmplementatlon Planning Mlcrowave Procurement Support Mlcrowave lmplementatlon Management Factory Staglng Support lnstallatlon & lntegratlon Optimlzatlon & Acceptance Testlng System DocumentuHon System Management Support Tralnlng & Support Program Management ProJect Admlnlstratlon IndirectSe~kes Factory Staging & lmplementatlon Services cc3 Factory Staglng CC3 Factory Supplled Cabilng 0th.r cosls System Warranty Pwiod Maintenance (Not Included) Tralnlng Freight Total Direct, lndlrect and Other Costs System 6mnd Total 184A89.78 16174.14 74,501.06 30259.80 179b3o.w 487.054.78 37.74675 94Rjo.00 146460.00 76X321.53 6/ 101% Motorola Conlldentlal and Proprletary SCHEDULE No. 1 TO THE COMMUNICATIONS SYSTEM AGREEMENT BETWEEN MOTOROLA, INC. AND THE CITY OF CARLSBAD, CALIFORNIA City of Carisbad Dispatch Center and Microwave System Warranty 1.0 Product Warranties Motorola warrants that all products provided under this agreement will be free from defects in design., material, and workmanship for the Warranty Periods listed in Table I - Warranty Periods. During the respective Warranty Periods, Motorola will repair or replace defective parts free of charge, including freight, during the product warranty period. Such action on the part of Motorola shall be the full extent of Motorola’s warranty liability, and the City of Carlsbad’s exclusive remedy hereunder. Infrastructure maintenance labor and transportation costs to County locations will be provided in accordance with the maintenance provisions of this agreement Table I - Warranty Periods Su U Beeinnine Period Microwave Equipment Conditional Acceptance or -1 Year Beneficial Use Channel Bank Equipment Conditional Acceptance or 1Year Beneficial Use Dispatch Consoles Conditional Acceptance or 1Year Beneficial Use 800 MHz Control Stations Upon receipt at designated location 1Year within San Diego County 2.0 Software Warranty If at any time during the Warranty Period Motorola or the City of Carlsbad shall discover one or more reproducible defects or errors in the system software which prevents the system &om properly performing in material conformance with its applicable specifications, Motorola will, at its own expense, promptly correct such defect or error and provide to the City of Carlsbad corrected software. Motorola does not warrant that the operation of the system software will be uninterrupted or error free; however, Motorola will exercise reasonable efforts to correct all system software errors and defects. 3.0 800 MHz System Software Updates Motorola warrants that any updates to the version of software utilized in the system will be made known to and offered to the City of Carlsbad at no cost to the City of Carlsbad; including software, infrastructure installation, and verification of software performance, until Enal system acceptance and through the one year warranty period. The City of Carlsbad will be responsible for the installation of software in mobiles, portables, control stations, and mobile data krminal devices. Theretier, Motorola shall use its best efforts to make such updates known to the City of Carlsbad for the City of Carlsbad’s purchase. 6M96 Motorola Confidential and Proprietary City of Carlsbad Dispatch Center and Microwave System Warranty 4.0 Nickel-Cadmium Battery Warranty Nickel-Cadmium batteries sold by Motorola under this Agreement are warranted to be free from defects in workmanship and material for a period of twelve( 12) months from date of receipt at the designated City of Carlsbad location. Nickel-Cadmium Batteries used with Motorola portable radios will be replaced without cost during this warranty period if: 1. the battery capacity falls below 80% of rated capacity, or 2. the battery develops visually apparent leakage of electrolyte. Replacement batteries are warranted only for the remaining unexpired warranty period of the original battery. This warranty is void if: a. the batteries are charged by other than Motorola approved battery chargers specified for charging the battery; - b. charging is done at temperatures greater than +50 degrees C or less than +5 degrees C, C. any of the seals on the battery enclosure or cells are broken or show evidence of tampering; d. the battery is used in equipment or service other than the radio equipment for which it is specified. 5.0 Test Equipment Warranty on test equipment provided under this Agreement is limited to the standard manufacturer warranty. The City of Carlsbad will coordinate warranty services directly with the test equipment manufacturer during the respective product warranty periods. 6.0 Third Party Product Warranties Motorola shall assign to the City of Carlsbad all warranties extended to Motorola by manufacturers of third party products. Motorola shall be responsible for the administration of any third-party product warranties, for the respective product warranty periods stated above for products provided by Motorola under this agreement, except test equipment. 7.0 Parts Availability Warranty Replacement parts/crystals for user equipment are normally available for seven (7) years after cancellation for portable and mobile products and forten (10) years on base/fixed infrastructure equipment. Every effort will be made to supply replacement items if originals are not available, and we reserve the right to supply either assemblies or piece parts. Motorola is not responsible for supplying replacement parts for equipment not manufactured by Motorola. Motorola shall notify the City of Carlsbad of Motorola’s or other manufacturer’s intent to cancel products contained in 614196 Motorola Confidential and Proprietary 2 City of Carlsbad Dispatch Center and Microwave System Warranty this Agreement. The City of Carlsbad shall have the option of purchasing products, parts or components in a final production run of such Motorola-manufactured products. Motorola is not responsible for supplying replacement parts for equipment not manufactured by Motorola but shall notify the City of Carlsbad of such manufacturer’s intent to cancel and will make reasonable efforts to secure final production run purchase options flum the manufacturer. 8.0 Services Warranty Motorola warrants that the services performed by it and its subcontractors under this agreement shall be performed in a good, workmanlike and professional manner. If during the applicable subsystem Warranty Period, the City of Carlsbad discovers that such services have not been performed in accordance with the warranty set forth herein, then Motorola, at its sole expense, will reperform such services to the extent necessary to cotrect the fault therein, - - 9.0 Remainder of Warranty Period Any products replaced during the Warranty Period shall either be warranted for the remainder of the Warranty Period or Motorola’s or other manufacturer’s standard commercial warranty, whichever is longer. 10.0 Replacement During Warranty Period In the event a particular product fails to conform to the warranty three times within the warranty period, Motorola will, at the City of Carlsbad’s request, take appropriate remedial action to prevent future reoccurrence of such repetitive product non-conformance, up to and including replacement of the product 11.0 Warranty Period Maintenance Procedures 11.1 Infrastructure Equipment During the product warranty periods defined above, Motorola shah provide the necessary labor, including transportation costs, to remedy any infrastructure equipment failure in the manner specified below: First Echelon Maintenance First echelon maintenance is defined as the initial assessment of a trouble report initiated by a system user. Initial assessment of a trouble report includes verification of a system failure or malfunction, and a description of the failure or mahimction sufficient to determine the appropriate level of maintenance services requki. The City of Carlsbad will provide first echelon maintenance services during the respective product warranty periods. 6Ml96 Motorola Confidential and Proprietary 3 City of Carisbad Dispatch Center and Microwave System Warranty 1 tan During the respective warranty periods, Motorola will respond to requests for standard (non-emergency) maintenance services to designated City of Carlsbad locations, other than remote sites, during standard service hours within six (6) business hours of notification f&m the City of Carlsbad after the City of Carlsbad’s first echelon response, Motorola will perform dial-up diagnostics within four (4) business hours of notification from the City of Carlsbad after the City of Carlsbad’s first echelon response. Emereencv Reswnse Time During the respective warranty periods, Motorola will respond to requests for emergency maintenance services during standard service hours upon notification from the City of Carlsbad, after the City of Carlsbad’s first echelon response. Emergency maintenance services are defined as those services requimd to restore a system or site to the minimum level of system operation necessary to support primary user operational capabilities. Emergency maintenance requirements do not include restoration of a single communications channel or system component whose failure does not al&t primary user operational capabilities. Standard Service Hours Warranty maintenance shall be provided by Motorola from 8:OO am. to 4:30 p.m., Monday through Friday. 11.2 Mobiles, Portables, Control Stations, Mobile Data Terminal Devices During the warranty period of mobiles, portables control stations and mobile data terminal devices, any unit that requires repair will be shipped by the City of Carlsbad, directly to the appropriate Motorola Factory Service Repair Depot (shipping information will be provided to the designated City of Carlsbad representative). The Motorola Factory Service Depot will be responsible to effect the required repair(s) and to provide the associated documentation describing the malfunction, followed by a description of the repair(s) that was implemented. All freight will be paid for by Motorola. Motorola will have responsibility for maintaining the original version of software for all hits sent in for repair. Motorola will make every effort to keep all system programming and software features intact while making repairs on mobile and portable units, but in the event that during the repair of such units the memory of such information is erased or corrupted the City of Carlsbad will have the responsibility of reprogramming the equipment as required. Motorola guarantees that the repaired or replacement equipment will be returned or provided to the City of Carlsbad within 30 days of receipt by Motorola for repair. 6l4l96 Motorola Confrdemial and Proprietary 4 City of Carlsbad Dispatch Center and Microwave System Warranty 11.3 Warranty Maintenance Request and Response Procedure The wamnty maintenance request and response procedure is as follows: . . . . . . . . 11.4 Motorola will provide the City of Carlsbad with a local telephone number or toll free number to utilize when requesting a warranty service response. The City of Carlsbad shall designate the City of Carlsbad personnel authorized to initiate warranty service requests. Upon notification of a request for service, Motorola will telephone the City of Carlsbad to obtain necessary information, and Motorola and the City of Carlsbad will jointly determine the level of response required. Motorola will respond to the service request and perform the necessary warranty or maintenance services. Upon restoration of system operation, Motorola will repair or replace any failed component. Repaired or replaced infrastructure components will be m-installed into the system and tested. - Any City of Carlsbad spare parts will be returned to the proper inventory location. A service log shall be kept on site and updated when services are performed and completed. The City of Carlsbad maintenance supervisor shall be notifled when the service response has been completed. Non-warranty Service Requests In the event that Motorola should respond to a request for service from the City of Carlsbad, and the failure is found to be a problem outside of Motorola’s scope of responsibility, Motorola and the City of Carlsbad will review the City of Carlsbad’s . service request procedure. After three (3) such occurrences over the one year warranty period, Motorola will invoice the City of Carlsbad on a time and material basis for labor and lransporlation costs incurred in responding to the non-warranty service request. 12.0 Utilization of City of Carlsbad Owned Spare Parts The City of Carlsbad shall keep a complete stock and make available all spare boards, modules, and equipment provided under this agreement for the ptqose of restoring inf&tructure equipment operation. Motorola will utilize City of Carlsbad owned spare parts to effect necessary equipment restorations. Upon repair and re-installation of the failed parts, Motorola will return any spare parts utilized by Motorola to the City of Carlsbad’s spare part inventory. Motorola will supply any required parts that the City of Carlsbad does not have in stock until failed parts are repaired and available for reinstallatiot~ 6/4/96 Motorola Confidential and Proprietary 5 City of Carlsbad Dispatch Center and Microwave System Warranty 13.0 Limitations to Warranty and Warranty Services Warranty service support does not cover failures resulting from the following occurrences: l Equipment outages or damage that is caused by Ike, flooding, lightning, commercial power surges, vandalism, physical abuse, acts of God, and any other external influences. l Unauthorized attempts by the City of Carlsbad’s employees, or third parties to repair, maintain or modify the system. . Causes external to the system, including electrical power failure or anomalies, inadequate temperature or humidity control, or insufficient site grounding. l Replacement, installation, maintenance or repairs of items which are consumed in the course of normal operation of the system, such as magnetic tapes, computer supplies, and printer paper. l Use of equipment or software in other than is normal and customary manner. -. .‘I& express warranties set forth in this Agreement, including the express warranty of merchantability and fitness for and particular use set forth in Section 29 “‘Functional Requirements”, are given in lieu of all other warranties, express or implied, which are specifically excluded. Furthermore, because each radio communications system is unique, Motorola disclaims liability for range, coverage, subscriber capacity, service level or operation of the radio system as a whole, except as specifically set forth in the warranties contained in this Agreement. 14.0 City of Carlsbad Responsibilities City of Carlsbad responsibilities include: . The City of Carlsbad shall have a designated staff employee who is responsible to act on behalf of the City of Carlsbad with regard to Motorola’s service response. l The City of Carlsbad shall provide appropriate Motorola personnel full and free access to the system and its subsystem peripherals, and waiver of liability or other restrictions shall not be imposed as a site requirement. l The City of Carlsbad shah furnish electrical service to all City of Carlsbad utilized service locations, and shall permit Motorola reasonable use of necessary communication facilities, features, and other equipment. l The City of Carlsbad shall provide Motorola full and free access to any specialized or system specific test equipment used for the proper maintenance of the system. l The City of Carlsbad shall provide transportation to locations requiring specialized vehicles other than standard 2 or Cwheel drive vehicles. l The City of Carlsbad shall provide access to a telephone circuit at all site locations. l The City of Carlsbad is responsible for maintaining the SmartZone Manager data base information, including but not limited to all subscriber templates, and archive files. 6/4/96 Motorola Contidential and Proprietary 6 Dlspatoh Center and Microwave System Equip-- Pwchaso Summary: Financing the the below mentioned equipment and services for 15 years Carl&ad Dispatch Center Microwave System ’ DlrectServlces Indirect Services other casts - System Grand Total 765,32 1.53 -. Esthnated annual 15 year payment 6/10/% Rate ls based on taken 95% of fifteen year U.S Treasury Bill rate as stated In sample lease agreement. Motorola Confklentlal and Pfopcietary 76.656.90 MOTOROLA CUSTOMER~~AIANCING q crea &n q sofuhns // J J May 30, 1996 Chief Dennis Van Der Maaten Chairman RCS Board City of Carlsbad 2560 Orion Way Carlsbad, CA 92008 , , Re: Sample Equipment Lease Purchase Aweement - --Dear Chief Van Der Maaten: As a follow up to a recent meeting with Dave Kliefoth, I am enclosing a sample set of lease documents which tailor to the lease purchase program discussed at the meeting. Upon review of the documents, please feel free to contact me at (847) 725-4385 or Dave Kliefoth at (847) 538-4983. Regards, Financing Manager 0 AA MOTOROLA l 1000 Mitte) Drive l Wood Dole, Illinois 60191 l ll800) 247-2346 EQUIPMENT LEASE-PURCHASE AGREEMENT Lease Number: LESSEE: Reference Exhibit A LESSOR: Motorola, Inc. 1301 East Algonquin Road Schaumburg, Illinois, 60196 Lessor agrees to lease to Lessee and Lessee agrees to‘iease from Lessor, the Equipnent described in . . any Schedule A now or hereafter attached hereto (“Equipment”) in accordance with the following terms and conditions of this Equipment Lease-Purchase Agreement (“Lease”). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on date specified in each Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in each Schedule B attached hereto (“Lease Term”). 2. FACILITY (i) Lesior will provide a credit facility to the Lessee in an amount of Eleven Million Dollars ($11,000,000.00)‘(“Credit Facility”). The amount of the Credit Facility can be increased by ten percent (10%). -- amounts: (ii) The Credit Facility will be allocated to each Lessee in the foIlwing dollar Lessee Dollar Amount City of Carlsbad City of Del Mar City of Encinitas $3,635,478 $239,234 $504,000 Total: $11 ,ooo,ooo Each Lessee will have access to the Credit Facility solely for the acquisition of the equipment or services provided by Motorola, Inc. or its contractors. The minimum draw down is fifty thousand dollars ($50,000.00). Upon an Event of Default as described in Section 20 of this Lease, Lessor will have the right to terminate any unused portion of the Credit Facility. (iii) Lessee will provide to Lessor upon each draw down against the Credit Facility the following documentation: (a) Schedule A (W Schedule B I:‘, Attorney Opinion Evidence of Insurance (e) Certificate of Incumbency (9 I.R.S. form 8038G or 8038GC (9) Resolutions 03 UCC-1 Financing Statement 3. EXPIRATION The total amount of the Credit Facility must be used no later than two years from the date this Lease is executed unless renewed by mutual agreement and amended hereto. 4. LEASE TERM The Lease Term for each Schedule A will be no greater than fifteen (15) years. 5 PRICING The interest rate for each Schedule A to the Lease will be established by taking ninety five percent (95%) of the fifteen year U.S. Treasury Bill as stated in the Wall Street Journal. The interest rate will be determined upon execution of a Schedule A. 1 DRAFT ONLY 5130196 6. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest laewful rate from the due date. Except as specifically provided in Section 9 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully . . within its power to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. I 7. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A (“Equipment Location”). Lessee will accept the Equipment as soon as it has been delivered. L 8. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to the contract (the “Contract”) covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor’s right, title and interest in and to this Agreement and the Equipment to an assignee (“Assignee”). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE “AS IS” AND “WITH ALL FAULTS”. LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 9. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee’s governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel this Lease under the provisions of this Section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment for the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter, and (ii) that it will not during the Lease Term give priority in the application of funds to any other functionally similar equipment or services. This Section will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended. 2 DRAFT ONLY 5/30/96 - 10. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excluded from Lessor’s gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the “Code”); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141 (a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, co;enants and warrants that (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fical period. 11. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 9 hereof; (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. 12. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 13. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor’s prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 14. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessors prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 15. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessors income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 3 DRAFT ONLY 5130196 16. RISK OF LOSS: DAMAGE; DESTRUCTION. . Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good. repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set . _ forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. - 17. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor’s prior written consent, Lessee may self-insure against any or all such risks. All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Concluding Payment with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or its assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 18. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys’ fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. ‘transfer, 19. ASSIGNMENT. Without Lessor’s prior written consent, Lessee will not either (i) assign, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee’s employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessors right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. DRAFT ONLY 5130/96 After notice of such an assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor’s Assignee hereunder. 20. EVENT OF DEFAULT. The term “Event of Default”, as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other . , covenant! condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occprrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 21. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its opinion, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remainihg Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee’s expense, promptly return the Equipment to Lessor in the manner set forth in Section 9 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and (iv) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 22. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Concluding Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 23. NOTICES; -. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 24. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 25. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 5 DRAFT ONLY 330196 26. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 27. ENTIRE AGREEMENT; WAIVER. This Lease,. together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between’the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 28. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, th$ parties have executed this Agreement as of the of day ,19-. _- LESSEE: _ LESSOR: Motorola, Inc. __ By: By: Title: Title: LESSEE: By: Title: LESSEE: Title: LESSEE: By: Title: LESSEE: By: Title: . 6 DRAFT ONLY 5/30/96 LESSEE: By: Title: LESSEE: . . By: Title: LESSEE: Title: LESSEE: By: Title: LESSEE: By: Title: LESSEE: Title: LESSEE: ’ Title: LESSEE: - Title: DRAFT ONLY 5128196 OPINION OF COUNSEL . . With respect to that certain Equipment Lease-Purchase Agreement dated and Schedule A to the Equipment Lease-Purchase Agreement number dated by and between Motorola, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (iii) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. - Attorney for 9 DRAFT ONLY 5/28/96 EXHIBIT A . LESSEE: ADDRESS . . LESSEE: ADDRESS LESSEE: . ADDRESS _.. LESSEE: -. ADDRESS LESSEE: ADDRESS LESSEE: ADDRESS LESSEE: ADDRESS LESSEE: .-. ADDRESS LESSEE: ADDRESS 8 DRAFT ONLY 5128196 SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT Lease Number: This Equipment Schedule dated as of is being executed by MOTOROLA, INC. (“Lessor”) and (“Lessee”), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement dated as of (“Lease”), between Lessor and Lessee. * _- Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment _ _~ QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached equipment list. Equipment Location: Initial Term: Months Commencement Date: ,1996 Lease Payments of $ as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: LESSOR: Motorola, Inc. By: By: Schedule B Lease Number: INITIAL INSURANCE REQUIREMENT: $ Except as specifically provided in Section Nine of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: LESSOR: Motorola, Inc. By: By: Title: Title: Date: Date: EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number datt to that certain Equipment Lease Purchase Agreement number dated will be maintained by as stated in the Equipment Lease Purchase Agreement. This insurancl shall name MOTOROLA, MC. or its assignee as additional insured and loss payee for the term of the Schedule A number dated - This insurance is provided by: Name of insurance provider . Address of insurance provider -. City. State and Zip Code Phone number of insurance provider In accordance with the Equipment Lease Purchase Ageement Number , hereby certifies that following coverage are or will be in full force and effect: (Lessee Name) Type Amount Effective Date Expiration Date Policy Number Fire and Extended Coverage Property Damage Public Liability Lessee: Insurance Provider: By: By: Its: Date: Its: Date: CERTIFICATE OF INCUMBENCY 1, do hereby certify that I am the duly elected or . . (Secretary/Clerk of 1 appointed and acting Secretary or Clerk of an entity duly organized and existing under the laws of California that I have custody of the records of such I entity, and that, as of the date hereof, the individuals named below are the duly elected or -. appointed officers of such entity holding offices set forth opposite of their respect&e names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number dated ,ad Schedule A number and Motorola, Inc. dated , between Name Title Signature (Person executing Lease) IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of hereto this day of > 1996. By: (Signature of Secretary/Clerk) SEAL FO,,,, 8038-G Information Return for Tax-Exempt Governmental Obligations ‘, (Rev. May 1993) b Under Internal Revenue Code se&on 149(e) OM8 Na 1545-0720 ä See sefmrate Instructione. DeorrmnnottMrreuwy lrnemal Rcrsnu. scrvlcc (Use Form 8038-GC if the issue price is under S100.000.) Reporting Authority If Amended Return. check here W c 1 Issuer’s name I 2 kwef’s employer tdenokation numoef 3 Number ana street (or P.O. box If marl is not delivered to street adaressl I Room/suite I 4 Reponnumoer G19 - 5 city. town. state. aria ZIP code 6 Date of issue 7 Name of Issue 8 CUSIP Number . . 9 q Education (attach schedule-see instructions) . . . . . . . . . . . . . . . . . 10 0 Health and hospital (attach schedulesee instructions). . . . . . . . . . . . . . 11 q Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 q Public safety. . . . e. . . . . . . . . . . . . . . . . . . . . . . . 13 0 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . 14 a Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Entire issu . . . . . . . . . . . . . . . . . . . . . 22 Issue price 23 Proceeds us or bond Issuance costs (including undenvriters’ discount) . 24 Proceeds used for credit enhancement . . . . . . . . . . . . 25 PrOCeedS allocated to reasonabty required reserve or replacement fund . , 26 Proceeds used to refund prior issues . . . . . . . . . . . . 29 Enter the remaining weighted average maturity of the bonds to be refunded . . . . . . b 30 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . b 31 Enter the datefs) the refunded bonds were issued b years 52 Enter the amount of the state volume cap allocated to the issue . . . . . . . . . . b 33 Enter the amount of the bonds designated by the issuer under section 265@)(3)(B)(i)(lll) (small issuer exception) . . . . . . . . . . . . . , . . . . . . . . . . . . . . . b 34 Pooled financings: --. a Eflter the amOUnt of the proceeds of this issue that are to be used to make loans to other governmental units b b If this issue is a loan made from the proceeds of another tax-exempt issue. check box F 0 and enter the name Of the issuer W and the date of the issue F 35 If the issuer has elected to pay a penalty in lieu of rebate. check box . . . . . . b 0 UnOer PenaIt~es of ~equry. 1 declare tnat I have examtnacl tnb mtum and accomoanylng schadul~ and statements. am to me bes a( y -wewe and beld. they are true. correct. and complete. Please 1 Sign Here Signature oi offtcw Data For Papetwork Reduction Act Notice, see page 1 of the Instructions. Typo or onm nana ana trtl0 cat NO. 63773s m 8038-G (Rev. s-93 . -.. Form 8038-m Consolidated InformatIon Return for Small Tax-Exempt Governmental Bond Issues. Leases and lnstaflment Sales (Rev. October 1989) OM8 No. lY5WZO b Under Ssctlon 149(s) b for calendar year .nding 19 __.... hw.8 05/31/92 OcwrImmc 01 th8 TI~~SUI~ IntctnJl Rrrtnuc Scrwce (Use Form 80384 If the isrus’price of th.e is~uc is J100.000 or more.) Reporting Authority Check box 11 Amended Return ) u 1 1rrucr I lume I 2 Issuer s rmDlo)lr 0mIl1uworl numwr -4 clly w 1om. 11a10. l m ZIP cm0 Description of Obllgatfons I Total issue price of ail small tax-exempt governmental obligations issued during the calendar year. . . 6 Check the box that most nearly apprpximates the weighted average maturity of the obligations: 8 a Less than 5 years b u From 5 to 10 years c n More than 10 yran 7 Check the box that most nearly approxrmates the weIghted average interest rate on the obligations: a a Less than 5% b 0 From 5% to 10% c q Morethan 10% 8 To!ai iSSUe price of the obligations reported on ime 5 that are: a Obligations issued in the form of a tease or installment sate . . . . . . . , . . . . . . . .8a 1 b Obligations designated by the Issuer under !ec!ion 265(b)(3)(8)(/)(lll) . . . . . . . . . . . . 8b , ’ c Obligations issued to refund prior issues . . . . . . . . . . . . . , . . d Loans made from the oroceeds of another tax.exemot obligation . . . . . . . . . . . . 1 8d 1 I unorr OM~l1IC8 of DI,,W”. I ar+3*rr maa I have c,mn,ncQ ,n,r rc,“,” .ne rccomoan~tng xnceuIcs uw 8IrIrmml8. me IO me till ol q km-km OnQ m*‘. Please Iney 8lr 1rue. corr*c1. rm COmD‘el.. Sign Htre sgnrlure of offlcrr Dalr l~poor wm ruma am IlIla Genebral Instructions (Section reclerences are to the Internal Revenue Code unless othenwse noted.) Paperwork Reduction Act Notice We ask for this information to carry out the Internal Revenue laws of the United States. ’ We need It to ensure that you are complying with these laws. You are required to gwe us this informatlon. The time needed to complete and file this form vanes depending on individual circumstances. The estimated average time is: Recordkeeping . . . . 3 hrs., 21 mm. Learning about the Irworthcform . . . . .1 hr..34mm. Preparing the form. . 2 hrs.. 37 mm. Copying, assembling. and sendingtheformtolRS . . .16mm. If you have comments concerning the accuracy of this ttme estimate or suggestions for making this form more nmple, we would be happy to hear from you. You can write to etther the internal Revenue Service, Washington. DC 20224. Attention: IRS Reoons Clearance Officer, T:FP: or the Offlce of Management and Budget. Paperwork Reduction Prolect (1545.0720), Washington. DC 20503. Item You Should Note A governmental unit is required to file this form for all small tax.txempt governmental obligattons on which It oays Interest. These obligations mclude bonds. leases and instaiiment sales. Purpose of Form Form 8038.GC is to be used by Issuers of tax-exempt governmental obhgatlons to provldc IRS with the lnformatlon reoutred by sectlon 149(e) and to monitor the requtrcments of sectlons 14 1 through 150. Who Must File Each issuer must file Form 8038vGC for ail tax-exempt governmental bonds. leases and inrtaiiment sales Issued during the calender year. with an issue pnce of less than $100.000. Form 8038-G is filed to report each issue of governmental obiigattons with issue prices of 4 100.000 or more. When To File File Form 8038GC on or before February 15th after the close of the calendar year in which the issue is issued. Fofm 80384X must be completed based on the facts as of the close of the calendar year. Late filing.-A Form 80384C filed e?er the due date may be granted an extension of time to ftle under section 3 Of Rev. Proc. 88.10. 1988.1 C.B. 635. if it isdetermtned that the failure to file in a tlmely manner IS not due to WIII~UI neglect. A late Form rem 8038-GC t~rr 10~9~ MOTOROLA END-USER SOWWARE LICENSE AGREEMENT This Software License Agreement is between Motorola, Inc. (“Motorola”), having an office at 1301 East Algonquin Road, Schaumburg, Illinois 60196, and the City of Carlsbad, California (“Licensee”) located at 2560 Orion Way, Carlsbad, CA 92008. 7. Scope. Licensee may acquire from Motorola’s Land Mobile Products Sector (‘LMPS”) radio communication products (“Products”) that contain embedded or pre-loaded Motorola software such as in a ROM, PROM, or EPROM, or other Motorola software provided on media such as a floppy disk, tape, diskette, or CD-ROM. All such software (including Radio Service Software and FLASHport@ Software) is referred to as “Motorola Software.” This Agreement contains the terms under which Licensee may use Motorola Software acquired from LMPS. 2. Grant of License. Motorola hereby grants to Licensee a personal, non-exclusive license under Motorola’s applicable proprietary rights to use Motorola Software in accordance with the terms of this Agreement. - 3. Limitations on Use. Licensee may use Motorola Software only for Licensee’s internal -business purposes and only as described in the Motorola Software or Product documentation. Any other use of Motorola Software is strictly prohibited and will be deemed a breach of this Agreement. Licensee may not copy, modify, adapt, merge with other software, reverse engineer, or disassemble any Motorola Software for any reason, except that Licensee may make at most two copies of Motorola Software provided with infrastructure equipment for back-up purposes. Licensee must purchase a copy of Radio Service Software for each site at which Licensee uses Radio Service Software; Licensee may make one additional copy for each computer owned or controlled by Licensee at each such site. Licensee may temporarily use Radio Service Software on portable or lap-top computers at other sites. Prior to acquiring any Radio Service Software or upon Motorola’s request, Licensee must provide a written list of all sites where Licensee uses or intends to use Radio Service Software. Licensee must reproduce all Motorola copyright and trademark notices on all copies of Motorola Software. 4. Transfers. If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to use Motorola Software (other than Radio Service Software and FLASHport@ Software) embedded in or furnished for use with those Products provided that (a) Licensee transfers all copies of such Motorola Software to the new owner and (b) Motorola receives a transfer form (which Motorola will provide upon request) completed and signed by the new owner. Othennrise, Licensee may not transfer or make available any Motorola Software to any third party. 5. Ownership and Title. Title to all copies of Motorola Software in any form, including all rights in patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively in Motorola. 6. Confidentiality. Licensee acknowledges that all Motorola Software contains valuable proprietary information and trade secrets and that unauthorized dissemination, distribution, modification, reverse engineering, disassembly, or other improper use of Motorola Software will result in irreparable harm to Motorola for which monetary damages would be inadequate. Accordingly, Licensee will limit access to Motorola Software to those of its employees and agents who need to use Motorola Software for Licensee’s internal business purposes, and Licensee will take appropriate action with those employees and agents to preserve the confidentiality of Motorola Software. MotoroWCarlsbad -l- June 6, 1996 7. Maintenance and Support. No maintenance or support is provided under this Agreement. Maintenance or support, if available, will be provided under a Motorola Software Maintenance and Support Agreement. 8. Limited Warranty. Please refer to Schedule 1, attached hereto and incorporated herein by this reference, for a description of the Motorola-provided warranties. The warranty extends only to the first Licensee; subsequent transferees must accept the Motorola Software “As Is” and with no warranties of any kind. 9. Limitation of Liability. In no event will Motorola be liable for incidental or consequential damages even if advised of the possibility of such damages. 70. Term and Tennination. Licensee’s right to use Motorola Software will begin when Licensee sends a duly executed copy of this Agreement to Motorola, and either (a) Motorola returns a fully executed Agreement to Licensee or (b) Motorola ships Motorola Software or a Product containing Motorola Software to Licensee, and will continue in perpetuity unless terminated as follows. Licensee’s right to use Motorola Software will terminate without notice upon a breach of this Agreement by Licensee. In addition, if Motorola reasonably believes that Licensee intends -to breach this Agreement with respect to Radio Service Software or FLASHport@ Software, Motorola may, by notice to Licensee, terminate Licensee’s right to use such Motorola Software. Upon termination, Motorola will be entitled to immediate injunctive relief without proving damages and, unless Licensee is a sovereign government entity, Motorola will have the right to repossess all Radio Service Software and FLASHport@ Software in Licensee’s possession. Within thirty days after termination of Licensee’s right to use any Motorola Software, Licensee must certify in writing to Motorola that all copies of such Motorola Software have been returned to Motorola or destroyed. II. Notices. All notices, consents, and waivers permitted or required under this Agreement will be deemed given upon receipt and must be delivered in writing to the addresses at the top of this Agreement and, if to Motorola, to the LMPS Technical Assets Manager, Room 2305. Change of address must be in writing to the other party. 12. General Copyright Notices. The existence of a copyright notice on Motorola Software will not be construed as an admission or presumption that public disclosure of Motorola Software or any trade secrets associated with Motorola Software has occurred. Non-Motorola Software. Motorola may provide non-Motorola software to Licensee under the terms of separate license agreements with the owners of such software. Licensee will abide by the terms of these licenses. Causes of Action. Licensee must bring any action under this Agreement within one year after the cause of action arises except that warranty claims must be brought within the 120-day warranty period. Waivers. No waiver of a right or remedy of a party will constitute a waiver of another right or remedy of that party. Assignments. Motorola may assign any of its rights or subcontract any of its obligations under this Agreement, or encumber or sell any of its rights in any Motorola Software, without prior notice to or consent of Licensee. MotoroWCarlsbad -2- June 6, 1999 Entire Agreement and Amendment. This Agreement contains the parties’ entire agreement regarding Licensee’s use of Motorola Software and may be amended only in a writing signed by both parties, except that Motorola may modify this Agreement as necessary to comply with applicable laws and regulations including FCC regulations. Governing Law. This Agreement will be governed by the laws of the United States of America to the extent that they apply and otherwise by the laws of the State of Illinois. MOTOROLA INC. CITY OF CARLSBAD, CALIFORNIA By: (Signature) By: (Signature) Name: (Print - Block Letters) Name: (Print - Block Letters) -Title: (Print - Block Letters) Title: (Print - Sloclc Letters) Date: Date: MotoroWCarlsbad -3- June 6, 1996 / . . . . San Diego COWI-- Imperial County Regional Communications System 9335 Hazard Way, Suite 105, San Diego, California 92123 Phone (619)694-3663 Fax (619)694-3433 PAGE 1 OF 2 ENCUMBRANCE Date: October 31, 19% VENDOR NAME: MOTOROLA, INC. DESCRIPTION OF WORK: Purchase of equipment for the 800 Mhz Dispatch Center and Microwave System for the City of Carlsbad. See attached Schedule A of the Equipment Lease-Purchase Agrement Lease No. 20691 for the amount of $744,085.91 with the equipment list. $ AMOUNT: TASK: $79,265.71 531 PROJECT COMPONENT: User Equipment ORG: 8651 ACTIVITY: K@ii?o15 P.O. # : N/A ACCOUNT # CONTRACT #: WORK AUTHORIZATION#: 2315 Lease no. 20691 N/A SIGNATURE Contr~ting offi&%:s .:x Q&i&i&, iroject I!&ulagGK Technic&l Repfeseptative Dept. of &formation Setiicek .l Chi+ -Denrjis: Yii+:~~Maaben RCS -ward of E)ire~t@s Ca.tl&ad F&i Dwnt Partic~~iiug fqpcy Authorised Repre~~@&ve I y I/ ________________________________________-------------------- Board of Directors ________________________________________------------------ Ch~Lknn;s Van&&ten, CImUad Fim Deputmnet - Chief Roger Purdb, Win% Fire Depwtmmt - Chi~Robert V&s, Gm’sbad Pohiae Lkpmtment Gnnmander Tom Zol? San De+ County shmjfk L&+mtmmt - Dan Eberb, executive Dktor, San Diego cZx&y cyjfia elf Lk?ader PmparedEss Chief Dad’/&, Eat County Fire Protectkm Dsfrict - ChidEtin W&s, Ran& Santa Fe Fire Pmtection Distrid - Lany Jac&man, Hem&d Communications Fm$tg AuthotityChief Hand Feuerstein, e] Cmtm Fin Depottment - C&f Ha&i Gzrter, Ei Centre P&J De+mtmmt - Captain E mie Mm&m, Imperial County Shw$s Dqmtmmt Dave Cm&t, ofice of the chi~tiministratiw Q&m, Cbunty of Imprid- Dan Johmn, cakfoln~ Department of Tranaprtotion . AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MOTOROLA FOR THE COMMUNICATIONS SYSTEM This Amendment is entered into and effective as of the day of 18th November , 1997 amending the Agreement dated November 12, 1996 by and between the City of Carlsbad, ‘a municipal corporation, hereafter referred to as “City, and Motorola, Inc., hereafter referred to as “Contractor”, for the 800 MHz Communications System. RECITALS WHEREAS, the initial Agreement dated November 15, 1996 identified a scope of work related to the purchase of equipment and installation thereof with regard to the dispatch center and microwave system; and WHEREAS, the parties to this aforementioned Agreement desire to alter the scope of work as follows: to provide for the purchase of Phase II, Part 1, radio equipment; and WHEREAS, it is now both desirable and necessary to amend said Agreement to provide for such equipment, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained therein, City and Contractor hereby agree as follows: 1. “Section 1. Motorola’s Obligations” of said Agreement, isamended by the addition of a new subparagraph E to read as follows: “E. Motorola shall furnish and/or install the radio equipment of the type specified at the site specified and for the amount specified in the equipment list 1 . . attached to schedule A-l, dated November 18, 1997, attached to the companion Lease- Purchase Agreement, as amended.” 2. “Section 5. Payment Schedule” of said Agreement, is amended by amending subparagraph B thereof to read as follows: “6. Purchaser shall commence making lease payments to Motorola for equipment and related services upon invoice following delivery. The parties anticipate such payments to be for three phases in the following approximate amounts upon the following approximate dates: PHASE DATE AMOUNT I February 1, 1997 $ 764,085.90 II/Part 1 November 18, 1997 $1,091,628 I l/Part 2 October 1, 1998 $ 329,142 Ill February 1, 1999 $1,274,098” 3. All other provisions of the aforementioned Agreement not modified by this Amendment No. 1 remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended scope of work. ACKNOWLEDGED AND ACCEPTED: CONTRACTOR DATED: \\\Lb\ci> 2 &ALIFbRNIA ALL-PURPOSE ACKNOWLEDGMiNT No. 5907 State of l!&bmcs, County of Sham Cn ~JcJIML-~L~ %I fG7 before me, w KS bbh,f &%v &b//c, , DATE kAME. TITLE OF OFFICER - E.G.. ‘JANE DOE. NOfARY PUSLIC personally appeared - h 0 !&v NAME(S) OF SIGNER(S) 3 - . personally known to me - BR - s pJI# to be the person(sfwhose name&s+* subscribed to the within instrument and ac- knowledged to me that@- executed the same in @he+Ht&r authorized capacity(ieej, and that by @?he+th&r signature(e) on the instrument the person&+, or the entity upon behalf of which the personmcted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT 17 INDIVIDUAL 0 CORPORATE OFFICER 0 PARTNER(S) q LiunEo 0 GENERAL 3 0 ATTORNEY-IN-F- NUMBER OF PAGES ’ 0 TRUSTEE(S) - DATE OF DOCUMENT SIGNER IS REPRESENllNG: NAME OP PERSON(S) OR ENllvwS) SIGNER(S) OTHER THAN NAMED ABOVE 334 01993 NATIONAL NOTARY ASSOCIATION l 8236 AenmmI Ava., P.O. Box 7184 l Canoga Park, CA 91309-7184 CALlFbRNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of On dwt%&f 26, Iq77 before me, m K* R?6B&. hfjc, DATE ’ hAME. TITLE OF OFFICER _ E.G.. ‘SANE DOE. NOTARf PUBLIC personally appeared - -1 T PAI - I NAWS) OF SIGNER(S) ersonally known to me - Or: z pKmed 10 me on the basrs of m , to be the person+) whose name(+@a+e subscribed to the within instrument and ac- knowledged to me thaws&e&&q executed the same in @he&M&r authorized capacity@@, and that bya- signature@ on the instrument the person@& or the entity upon behalf of which the person++ acted, executed the instrument. WITNESS my hand and official seal. 2% qqy&& L ~&NWURE ff NOTARV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER 0 PARTNER(S) 0 UMllED 0 GENERAL 3 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) h-l (5-97 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTblY(lES) SIGNER(S) OdER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmel Ave., P.O. Box 71S4 l Camga Park. CA 91309-7184 . AMENDMENT NO. 1 TO LEASE-PURCHASE AGREEMENT This Amendment is entered into and effective as of the 18th day of November , 1997 amending the Agreement dated November 15, 1996 by and between the City of Carlsbad, a municipal corporation, hereafter referred to as “City”, and Motorola, Inc., hereafter referred to as “Contractor”, for Lease-Purchases of 800 MHz radio equipment. RECITALS WHEREAS, the initial Agreement dated November 15, 1996 identified potential multiple equipment lists to which the main terms and condition$ of the Lease- Purchase Agreement would be applicable, referred to as “any Schedule A now or hereafter attached hereto”; and WHEREAS, the parties to the aforementioned Agreement desire to add an additional equipment list, Schedule A-l in order to provide for the lease-purchase funding for Phase II, Part 1 800 MHz radio equipment. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. The original Lease-Purchase Agreement is amended by the addition of a new equipment list entitled Exhibit A-l, containing the number, type, location and cost of radio equipment to be furnished and/or installed by Motorola on the dates therein shown, on file in the office of the City Clerk. 2. Said Agreement is further amended by the addition of an additional Schedule B-l, setting forth payment numbers, dates and amounts with regard to payments for the equipment set forth on Schedule A-l, also on file in the 4 office of the City Clerk. In the event City elects to use the credit facility provided for by paragraph 2 of the main Agreement for payment of equipment listed on equipment list Schedule A-l, such payments shall be made in accordance with Schedule B-1, in addition to other payments otherwise due under said Agreement. 3. All other provisions of the aforementioned Agreement not amended by this Amendment No. 1 shall remain in full force and effect. ACKNOWLEDGED AND ACCEPTED: CONTRACTOR DATED: \ DATED: \\\u.k=i \ \Xb[V DATE ATTEST APPROVED AS TO FORM. RONALD R. BALL, City Attorney by: Lu2-n b- RICHARD RUDOLM (Proper notarial acknowledgment of execution by Contractor must be attached.) 2 - * CALIFORNIA ALL-WRPOsE: ACKNOWLEDOMENT NO. 5907 State of P? County of ScylcS On tit*& !?J Lb! (q’?7 before me, h K , &bbd. do& &IL , DATE hAME. TITLE OF OFFICER. f&G., ‘JANE WE. NdrARY PUBLIC personally appeared - La-f-J-p 0/5hT 9 NAME(S) OF SIGNER(S) R personally known to me - c to be the personCofwhose name&j* subscribed to the within instrument and ac- knowledged to me tha@‘s&&My executed the same in mhmr authorized capacity(iee), and that by @M&~P& signaturew on the instrument the person&+, I or the entity upon behalf of which the I person(e) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPAClTYCLAlMED8YSlGNER DESCRlPTlONOFAllACHEDOOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER q PARTNER(S) 0 LIMITED q GENERAL q All-ORNEY-IN-FACT 0 TRUSTEEIS) 3 NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAM OF PERSON(S) OR ENm-Y(IEs) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 71M l Camga Park, CA 91309-7184 dALIFORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of Sk DMgO On J&dL4& ZG I 14c17 before me, w f(* aSb*+, AIti Pubis , DATE LAME. TlnE OF OFFICER _ E.O.. -JANE cxx. NOTARY PUBLIC personally appeared - ,skwfT J. PihI \ , NAME(S) OF SIGNER(S) Qf personally known to me - c to be the personas) whose name(e subscribed to the within instrument and ac- knowledged to me that@- executed the same in #@h&H&v authorized capacity(ieaj, and that by (@h&M&r signature@+ on the instrument the person@& or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER *#I** phhe- kww-f- - llJl-Q8) 0 PARTNER(S) 0 LIMITED 0 GENERAL q Al-l-ORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAfVCONSE R OTHER: R-sr/< D&%WJT 3p&+& NUMBER OF PAC!ES . u n-/B- q7 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME ff PERS0WS) OR EHTIp((IES) SIGNER(S) OTkER THAN NAMED ABOVE -33 3 Q1993 NATIONAL NOTARY ASSOCIATION l 8238 Remmel Ave.. P.O. Box 7184 l Canoga Park, CA 91309-7184 (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 ATTEST DATED: \+G \5\ O*& $. ALETHA RAUTE APPROVED AS TO FORM RONALD R. BALL, City Attorney by:&& ti 0. RICHARD RUDOLF& (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 SCHEDULE A-f EQUIPMENT LEASE-PURCHASE AGREEMENT Schedule A-a Lease Number: 20691-A7 This Equipment Schedule dated as of y/q7 ,I/1 is being executed by MOTOROLA, INC. (“Lessor”) and City of Carisbad, CA (“Lessee“), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement Number 20691 dated as of (“Lease”), between Lessor and Lessee. /!/I v9 7 Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth ’ in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached Equipment List. I Equipment Location: Financing $1,091,628.00 Initial Term: 15 Years Commencement Date: December 1,1997 First Payment February 1,1998 Annual Lease Payments of $105,823.07 as outlined in the attached Schedule B*lus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule BY:, EXECUTED as of the date first herein set forth. LESSEE:/ # _ LESSOR: Motorola, Inc. By: C/73‘ OF CARLSBAD g/30/97 Schedu/e NAya ” MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING RCSCONTRACTX43095 Item OtY ModolIOption Description RCS Unit Price RCS Total Price ASTRO DIGITAL RADIOS h4Wk Radios For Fitu D8pl 4 22 TQQDX ASTRO DIG SPECTRA MOBILE SERIES 4a 22 133w ASTRO SPECTRA A9 35W BOOMHZ~REMOTE 4b 22 G51 ENH: ENHANCED SMARTNET OPERATION 4c 22 0114 ENH: DIGITAL IO DISPLAY 4d 22 G806 ENH: APCO 25 COMMON AIR INTERFACE PACKAGED UNlT PRICE ANNUAL MAINTENANCE AGREEMENT 22 YEAR 2 MWNTENANCE FDR ANY ABOVE SELECT RADIO 22 YEAR 3 MAINIENANCE FORANYASOVESELECTRADIO Pombla Radios Fitu apt 34 25 HOSUCHQPWI,N 34a 250808 34b 25H38 34C 25 H14 34d 25H799 346 25 H883 opttonr&i 39 12 NM6193 40 14 N-IN8294 41 7 NTN1168 45 lTDN9430 48 QTDN9435 47 8 N-IN8382 48 28 TON9816 144 2 HOlKDHQPA3-N 146 2H226 147 2 H437 148 2 H129 149 2 H319 150 2Hem 151 2Qa7 Mowkconfm/smimsF&m 56 6 TQQDX 56a 6 132w .sb 8 G51 56C 8 G114 58d 6W865 56e 8G808 ASTRO DIGITAL XTS3000 MODEL Ill PORT 1,931 .oo: ASTRO DIGITAL CAI OPERATION 5oo.w ENHANCED SMARTZONE OPERATION 895.W ADD: ID DISPLAY 75.00 ADD SYSTEM TEST RESULT 0.00 2 YEAR SERVICE PLAN 36.00 PACKAGED UNIT PRICE m-00 REMOTE SPEAKER MC 70.00 840.00 BATERY, ULTRA HI CAPACITY NICAD FM 132.00 1,848.w CHARGER DESKTOP SINGLE UNU 95.00 685.00 BATTERY MAINTENANC E SYSTEM 767.00 767.00 BATTERY ADAPTER 31.00 186.00 CARRY CASE, BELT LOOP LEATHER 38.00 304.00 VEHICULAR BATIERY CHARGER XTS3000 218.00 5.014.w JTlOOO PROGRAMMABLE VHF PORTABLE ULTRA HIGH BATTERY RAPID CHARGER COMPACT VHFANTENNA * SWIVEL LEATHER CASE W/BELT LOOP 2.5 EXPRESS 2 YR WARRANTY HT/JT UNITS PROGRAMMING KEY JT 1000 8877 923 $49 90 932 $31 975 1,937.oo 337.00 447.00 43.00 338.00 34.00 &136JO 80.00 60.00 $1,754 $46 $m $0 984 $62 $150 ASTRO DIGITAL SPECTRA MOBILE SERIES 35W800808-870W7 ENH: ENHANCED SMARRONE OPERATION ENH: DIGITAL ID DISPLAY ADD: CONTROL STATION OPERATION ENH: APCO 25 COMMON AIR INTERFACE PACKAGE0 UNIT PRICE 6 YEAR 2 hWNTENANCE FOR ANY ABOVE SELECT RADIO 6 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO Revised FINLPBK2.XLS Q/30/97 1 1,937.oo 541.00 447.00 43.00 34.00 3m2.m 60.00 60.00 42.614.00 11.902.w 9,634.w 946.00 746.00 1.320.w 1,320.w 48.2X.00 125w.w 17,375.w 1,875.W 0.00 SW.00 11,622.W 2.022.00 2.682.00 258.00 2.028.00 204.00 380.00 380.00 MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING RcscoNmAmx43095 item - ctty ModeUOcUion Desaition RCS Unit Price RCS Total Price ANTENNA SY- For uu wiYh Mobik 6 Dwkto, Stations 72 120 L1702 l/2- SUPERFLEX, POLY JKT. PER FOOT 3.78 453.60 73 12 TON8809 1ITCONN. N PLUG S-FLEX (PLTD) 46.58 558.96 , 74 12 5880367821 MiniiUHF M TO NF 16.75 201 .oo 75 300 Ll705 l/2’ LDF HEUAX, POLY JKT, PER FOOT 2.61 783.00 76 0 L1705 l/2= LDF HEUAX, POLY JKT, PER FOOT 2.61 0.00 n 12 TDN8814 1/2%0NNECTOR, N PLUG (PLATED) 40.50 486.00 78 12 TDN8815 1/2%0NNECTOR, N JACK (PLATED) 40.50 486.00 79 12 RRX4038A COAX PROTECTOR 78.15 913.80 80 12 TDN6673 1rrcAeLE GROUND CLAMP KIT 23.85 286.20 81 12 TON6670 CABLE TIES, NYLON 37.35 446.20 82 6 TDF6441 YAGI ANTENNA 88.20 526.20 ASTRO DIGITAL RADIOS Mobil. Radios For Polk. Orpr 1 24 la 24 lb 24 IC 24 Id 24 le 24 4 39 4a 39 4b 39 4c 39 4d 39 5 5a 5b 5c 5d 5e 67 67 l-990x ASTRO DIGITAL SPECTRA MOBILE SERIES 129w 35w800806-870w3 w496 ENH: REMOTE MOUNT WlTH 17 FT CABLE Osl ENH: ENHANCED SMARTZONE OPERATlON 0114 ENH: DlGlTAL ID DlSPlAY 0806 ENH: APCO 25 COMMON AIR INTERFACE PACKAGED UNIT PRtCE T99DX 133w G51 0114 ASTRO DIG SPECTRA MOBILE SERIES 1,937.oo ASTRO SPECTRA W9 35W 8OOMHZ REMOn 541.00 ENH: ENHANCED SMARTNET OPERA= 447.00 ENH: DIGITAL ID DlSPLAY 43.00 ENH: APCO 25 COMMON AIR BJTERFACE 34.00 PACKAGED UNlT PRlCE 39omm M99DX 181W G51 G114 WlS ASIRO SPECTRA MOTORCYCLE 2.370.00 15WATT8W808-87OW7CONTRLHEAD 337.00 ENH: ENHANCED SMARTZONE OPERATtON 447.00 ENH: DlGlTAL ID DISPLAY 43.00 ADO: BLACK WEAlHER RSNT ENCLOSURE 0.00 ElWAPCO25 COMMON AIR INTERFACE 34.00 PACKAGED UNIT PRICE 3231-W Allllwul AuMEmaEAGREEMENT YEW 2 MAINENANE FOR ANY ABOVE SELECT RADlo Y154R3MWN7EiWNCEFORAIVYAi3OVESELECTRADK) Podsbh Rsdbs Wke Dqt 34 108 HO9UCHSPW7Jl ASTRO DIGKAL XTS3000 MODEL Ill PORT 34a 108 Q808 ASTRO DIGITAL CAI OPERATlON 34b 108 H38 ENHANCED SMARTZONE OPERATION 34C 108 H14 ADD: ID DISPLAY 34d 106 Ii799 ADD SYSTEM TEST RESULT 346 108 H885 2 YEAR SERVICE PIAN PACKAGED UNlT PRICE 1,937.W 540.w 223.00 447.00 43.00 s 46,488.W 12980.00 5352.00 10,728.w 1,032w 816.00 75.543.w 21.099.w 17.433.00 1,677.W 1326.00 9,460.w 1,348.w 1,788.W 172.00 0.00 136.00 60.00 4.020.00 60.00 4,020.W 1,931.w 500.00 695.00 75.00 0.00 38.00 w=.fJo 208,548.W 54,0w.w 75.060.00 8,lW.W 0.00 3,888.W Revised FINLPBK2.XLS 9mm7 2 MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING RcscoNTRAcTx43095 Itern stv Description RCS Unit Price RCS Toti Price Options 1 Aaes801W 39 20 NhW8193 40 12 NTN8294 41 108 NM1168 45 1 TDN9430 .46 8 TDN9435 47 1 NTN8382 48 21 TON9816 10 NAF5042 REMOTE SPEAKER MIC 70.00 1,400.w BAlTERY, ULTRA HI CAPACITY NICAD FM 132.00 1564.00 CHARGER DESKTOP SiNGLE UNlT 95.00 10,260.w BATTERY MAINTENANCE SYSTEM 757.00 757.00 BAl7ERY ADAPTER 31.00 166.00 CARRY CASE, BELT LOOP LEATHER 36.00 36.00 VEHICULAR BATTERY CHARGER XTS3WO 218.00 4.578.00 STUBBY QUARTRE WAVE ANTENNA 23.W 230.00 Mobllo contd st8tions Police apt 56 7 T99DX 56a 7 132w 56b 7 G51 56C 7 G114 56d 7 w665 568 7G808 ASTRO DIGITAL SPECTRA MOBILE SERIES 1.937.00 35W8W806-67OW7 337.00 ENH: ENHANCED SMARTZONE OPERAnON 447.00 ENH: DlGlTAL ID DISPLAY 43.00 ADD: CONTROL STAnON OPERAnON 338.ocf ENH: APCO 25 COMMON AIR INTERFACE 34.00 PACKAGED UNlT PRICE bl36smo 13,559.w 2,359.w 3.129.00 301.00 2.366.00 236.00 7 YEAR 2 wINTENA%E FOR ANY ABOVE SELECT RAD/O 60.00 7 YEAR 3 MAINTEMNCE FOR ANYABOVE SELECT RADK) 60.00 420.00 420.00 AN7wNAsYsTEm FtwumwnhAbblk&msktopst8dons 72 140 L1702 l/r SUPERFLEX, POLY JKT, PER FOOT 3.78 529.20 73 14 TDN8809 1/2=CONN. N PLUG SFLEX (PLTD) 46.56 652.12 74 14 5880367B21 MinUUHF M TO NF 18.75 234.50 75 450 Ll705 l/2= LDF HELIAX. POLY JKT, PER FOOT 261 1.174.50 76 0 L1705 l/2= LDF HELlAX, POLY JKT. PER FOOT 2.61 0.00 n 14 TDN8814 1/2=CONNECTOR, N PLUG (PLATED) 40.50 567.00 79 14 TDN6815 1/2=CONNECTOR. N JACK (PLATED) 40.50 567.00 79 14 RRX4W8A COAX PROTECTOR 78.13 1,066.10 90 14 TDN6673 lR=CABLE GROUND CLAMP KIT 23.85 333.90 81 14 TDN6670 CABLE TIES, NYLON 37.35 522.90 62 7 TDf6441 YAGI ANTENNA 66.20 617.40 DIGITAL RADIO EQUIPMENT FOR CITY WATER DEPT ASTRO DIGITAL RADIOS h4oMkRMn8Fo~W~~ 4 39 T99DX ASTRO DIG SPECTRA MOBILE SERIES 4a 39 133w AS-JR0 SPECTRA A9 35W 8WMHZ REMOTE 4b 39 Gsl ENH: ENHANCED SMARTNET OPERATION 4c 39 6114 ENH: DIGITAL ID DISPLAY 4d 39G606 ENH: APCO 25 COMMON AIR INTERFACE PACKAGE0 UNIT PRICE 1937.00 75,543.w 541.00 21,099.w 447.00 17,433.w 43.00 1,877.W 34.00 1328.00 39 YEAR 2 AUINTEIUNCE FOR ANY ABOVE SELECT RADIO 60.00 2.340.w 39 YEAR 3 MINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 2.340.w Revised FINlPBK2.XLS 9lml97 3 . MOBILES, PORTABLES, AND’CONTROL STATIONS RCS CONTRACT PRICING RcscDNrRAcT143035 RCS Unit Price RCS Total Price Rniabb Radios Wllw DaputmM 34 8 HOSUCH9PW7~ 34a 8Q808 34b 8 H36 34c 8 H14 34d 8 H799 346 8 H885 40 8 NTN8294 BATIERY, ULTRA HI CAPACrrY NICAD FM 13200 1,056.W 45 1 TON9430 BATIERY MAINTENANCE SYSTEM 757.00 757.00 124 8 TON9435 BA-ITERY ADAPTER 31.00 186.00 131 1 NTNllT7 CHARGER.1 1OV MULTI RAPID 591.00 591 .w ASTRO DIGITAL XTs3000 MODEL Ill PORT 1,931 .oo ASTRO DIGITAL CAI OPERATION 500.00 ENHANCED SMARTZONE OPERATlON 895.00 ADD: ID DISPLAY 75.00 ADD SYSTEM TEST RESULT 0.00 2 YEAR SERVICE PLAN 36.00 PACKAGED UNIT PRICE 3331.06 . SPECTRA DlGmAL Wile control St8tlotu Watw 56 4 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 56a 4 132w 35waooao6-a7ow 56b 4 G51 ENH: ENHANCED SMARTZONE OPERATION 56C 4 G114 ENH: DIGITAL ID DISPLAY 56d 4W665 ADD: CONTROL STATION OPERATION 568 4Gao6 ENH:APCO25COMMON AIR INTERFACE PACKAGED UNU PRICE 4 mR2MAlN7EmNcEFoRANYABovESELEcTRADlO 80.00 240.00 4 YEAR3MAI~~CEKIRANYABOMSELECTRADK) 60.00 240.00 ANTENhlSYS7EW 157 80 L17o2 158 8TDN6ao9 159 a 5880367821 160 250 L17o5 * 181 0 L1705 162 8 TDNa614 163 a TDN88is 164 a RRX4038A 165 am6673 166 am6670 16a 4 Tow41 l/2- SLJPERFLEX, FOLY JKT, PER FOOT 3.70 302.40 1/2=CONN, N PLUG S-FLEX (PLTD) 46.58 372.84 Mini/UHF M TO NF 16.75 134.00 l/2= LDF HELM, POLY JKT, PER FOOT 2.61 652.50 l/2= LDF HUIAX, POLY JKT. PER FOOT 261 0.00 l/Z’CONNECTOR. N PWG (PLATED) 40.50 324.00 l/Z-CONNECTOR, N JACK (PLATED) 40.50 324.00 COAX PROTECTOR 76.15 609.20 l/ZZABLE GROUNO CLAMP KIT 23.85 190.8o CA&E TIES, NYLON 37.35 298.80 YAGI ANTENNA 88.20 352.80 - CITY OFCARLSBAO EQUIPMENT TAX CITY OF CARLSlBAD EQUIP TOTAL lNSTAUAlWN#?UAOVALB TmAL 1.937.w 337.60 447.00 43.00 338.00 u:: 7,748.w 1,348.w 1.188.00 172.00 1,352w l36.W ssesm2 s74la66 wpsom $56,756 tlpsl*sZe Revided FINLPBQXLS 9I3ofs7 4 - - . . .--. 11t1211997 Page 1 Carlsbad , City of (Schedule B@ Compound Period . . . . . . . : Annual Nominal Annual Rate....: s.790 % EffectiveAnnual Rate...: 5.790 % Periodic Rate . . . . . . . . . . . . . . . . . . : 5.7900 % Daily Rate . . . . . . . . . . . . . . . . . . . . . . . . . 0.01586 % CASH FLOW DATA . . . . -.-.-e-- -- Loan wwl997 1897 Totals 1 02/0111998 1998 Totals 2 02!ol/lQQ9 1999 lotals 3 02m1/2ooo 2ooo Totals 4 02/01/2001 2001 TotaIs 502mR002 2002 Totals 6 02/01/2003 2003 Totals 7 02/01/2004 2004 TotaIs 8 02/0112005 2005 Totals 9 O2AW2W6 2005 Totals 10 02/01/2007 2007 Totals 0.00 loM23.07 105,823.07 10!&823.07 low23.07 105.823.07 105823.07 105,823.07 105.023.07 10!&823.07 105.823.07 105,~3.07 105*023.07 105B23.07 105.82307 105,023.07 la5,623.07 m!5m3.07 105,823.07 105,823.07 105,023.07 Event stwtoate Amount Number Period 1 Loan 12lOlM 997 l,OQ1,628.00 1 2 Payment o2KI111QQ8 1 OS,823.07 15 Annual AMORTIZATION SCHEDULE - Noftnal Amortitation End Oat8 0210112012 Date layment Interast - .- -_-.. --.. A. - Principal Balance --- 0.00 0.00 10,736.24 95,005.03 10,736.24 95,086.83 57,6QQ.73 48,123.34 57mQ.73 48,123.34 54,913.39 !30,909.68 54,913.39 50,909.68 51 ,Q6!5.72 51 .Q65.72 53M7.35 53.657.35 48,647.38 56975.69 48.847.30 56,975.69 45348.49 60,274.58 45,548.49 60,27458 42,058.59 42.058.59 38366.63 36,386.63 34,460.90 34,480.QO 30,329.03 30329.03 63,764.48 63.764.40 67,456.44 67,450.44 71J62.17 71362.17 75.494.04 75,494.04 1,091,628.00 990,541.iT 948,417.03 097,!500.15 843B50.80 78q675.11 726,400.53 662,636.Od 585,179.61 523,817.44 44q323.40 . . C _ . I . * Carlsbad , &y~&phedub as) .. _ .- _ lltl2l1997 Page2 .- Date -11 02iW2008’ 2008 Totals 12 02mv2009 2009 Totals 13 02/01/2010 2010 Totals 14 02miczoi i 2011 Totals 15 02m1/2012 2012 Totals GrandTotals Payment Interest 105,823.07 25957.92 105,823.07 25,957.92 105,823.07 21,333.73 W489.34 283,968.N 105,823.07 21,333.73 84,489.34 105,823.07 16A41.80 105,823.07 16A41.80 105J23.07 11,266.62 105423.07 11,266.62 105,823.07 5,791.88 100,031.19 0.00 lO5,823.07 5.791.88 100,031.19 1,587,346.05 495,718.05 1,091,628.00 _,_ phlciJal 79,855.15 79,865.15 Balpx - -.-.- 368,458.25 89,381.27 194,587.54 89J81.27 94,550.45 100,031.19 94,556.45 INITTALMSOWUVCEREQ- $1,091,628 00 Except as spcci5caUy pmidcd iu Sew five of the kslw henof, Lessee agnu to p8y ta Lcsm or its aswncc the kmc Payl+S, including tb intcctS potuou in lhc imounts and dates spccihd in l.b abOvC paYm#rl Ichcdulc. LESSOR. Motorola, Inc. CERTIFICATE OF INCUMBENCY I, Aletha L. Rautenkranz do hereby certify that I am the duly elected or ~secrctaryKounty Clerk) appointed and acting Secretary or Clerk of the Carlsbad , an entity duly organized and existing under the laws of the State of California that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number 20691 dated41497 s and Schedule A number 20691-A7 dated ! l!l8’@7 , between City of Carlsbad and Motorola, Inc. Name Title Claude A. Lewis Mayor SEAL WRITE IT - DON’T SAY IT! Date 0 Reply Wanted To __ From MAEN DNEN T - MU- r ORIGINAL AMENDMENT NO. 2 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MOTOROLA, INC. FOR THE COMMUNICATIONS SYSTEM This amendment is entered into and effective as of the 5 th day of January, 1999 amending the Agreement dated November 12, 1996, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Motorola, Inc., hereinafter referred to as ‘Contractor”, for the 800 MHz communications system. RECITALS Whereas, the initial Agreement dated November 15, 1996, identified a scope of work related to the purchase of equipment and installation thereof with regard to the dispatch center and microwave system; and Whereas, on November 18, 1997, Amendment No. 1 to the aforementioned agreement was approved to provide for the purchase of Phase II, Part 1 radio equipment; and Whereas, the parties to this aforementioned Agreement desire to alter the scope of work as follows: to provide for the purchase of Phase II, Part 2, radio equipment; and Whereas, it is now both desirable and necessary to amend said Agreement to provide for such equipment. Now, therefore, in consideration of these recitals and the mutual covenants contained therein, City and Contractor hereby agree as follows: 1. Section 1. Motorola’s Obligations of said Agreement is amended by the addition of a new subparagraph E to read as follows: “E. Motorola shall furnish and/or install the radio equipment of the type specified at the site specified and for the amount specified in the equipment list attached to schedule A-2, dated January 4 th, 1999.” 2. Section 5. Payment Schedule of said agreement is amended as follows: “Payment Terms 1. One hundred percent (100%) of equipment total, as shown on Schedule A-2, including tax, due net 30 days after receipt of equipment. 2. One hundred percent (100%) of installation costs as shown on Schedule A-2, due net 30 days after completion of all installations.” 3. All other provisions of the aforementioned Agreement not modified by this Amendment No. 2 remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended scope of work. ACKNOWLEDGED AND ACCEPTED: CONTRACTOR: CITY OF CARLSBAD umRY0Ls0N VJOE PREsI0ENT. SALES by: Dated: ATTEST: Dated: I -26-T? L ALETHA L. RAUTENKRANZ, City &Jerk APPROVED AS TO FORM: Ronald R. Ball, City Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 . CAilFORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of personally appeared / I / NAM&) OF SIGNER(S) I mpersonally known to me - &I3 - G c to be the person(s) whose name(s) +e/@ subscribed to the within instrument and ac- knowledged to me that Wexecuted the same in ml elr authorrzed capacity(ies), and that by w signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o ‘cial seal. y2lbr*,wb u JIGN&URE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITYCLAIMEDBYSIGNER DESCRIPTIONOFATTACHEDDOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 793/b 01993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164 l Cancga Park, CA 91309-7164 l CtTY OF CARLSABD REGIONAL COMMUNICATIONS SYSTEM Contract # 43095 Various Public Service Agencies Item Model/Option Description RCS Unit Price Price ASTRO DIGITAL EQUIPME SCHEDULE A-2 Spectra Mobile Radios for Various City Agencies 4 57 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 4a 57 133w ASTRO SPECTRA W9 35W 800MHZ REMOTE 4b 57 G51 ENH: ENHANCED SMARTZONE OPERATION 4c 57 G114 ENH: DIGITAL ID DISPLAY 4d 57 G806 ENH: APCO 25 COMMON AIR INTERFACE PACKAGED UNIT PRICE ANNUAL MAINTENANCE AGREEMENT FOR ASTRO SPECTRA 57 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO I oi YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO ASTRO 800 MHz Portable Radios Model Ill 37 37 a 37 b 37 c 37 d 37 e 47 H09UCH9PW7-N ASTRO DIGITAL XTS3ooO MODEL Ill PORT 47 Q806 ASTRO DIGITAL CAI OPERATION 47 H38 ENHANCED SMARTZONE OPERATION 47 H14 ADD: ID DISPLAY 47 H799 ADD SYSTEM TEST RESULT 47 H885 2 YEAR SERVICE PLAN PACKAGED UNIT PRICE 43 17 NMN6193 REMOTE SPEAKER MIC 44 8 NTN8294 SPARE ULTR HIGN BAllERY 45 18 NTN1168 CHARGER, DESKTOP SINGLE UNIT 117V 46 4 NTN1177C CHARGER, DESKTOP MULTI UNIT 117V 52 10 TDN9816 VEHICULAR CHARGER XTS3000 TBD Mobile Control Stations 56 12 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 56a 12 132W 35W 800 806-870 W7 56b IL G51 ENH: ENHANCED SMARTZONE OPERATION 56C 12 6114 ENH: DIGITAL ID DISPLAY 56d 12 w665 ADD: CONTROL STATION OPERATION 56e 12 6806 ENH: APCO 25 COMMON AIR INTERFACE PACKAGED UNIT PRICE ANNUAL MAINTENANCE AGREEMENT FOR ASTRO SPECTRA 12 YEAR 2 MAINTENANCE FOR ABOVE MOBILE STATION RADIO 12 YEAR 3 MAINTENANCE FOR ABOVE MOBILE STATION RADIO $1,970 $112,286 $550 $31,361 $455 $25,912 $44 $2,493 $35 $1,971 $3,053 $60 $3,420 $60 $3,420 $1,964 $509 $707 $76 $0 $36 $3,291 $71 $134 $97 $601 $222 $1,970 $343 $455 $44 $344 $35 $3,189 $60 $60 $92,300 $23,900 $33,220 $3,585 $0 S 1,692 $1,210 .S 1,072 $1,739 $2,404 $2,217 $23,639 $4,113 $5,455 $525 $4,125 $415 $720 $720 Revised l-4-99 carlspw.xls RCS Equipment Price Book . CITY OF CARLSABD REGIONAL COMMUNICATIONS SYSTEM Contract f 43095 Various Public Sewice Agencies item Model/Option Description RCS Unit Price Price ANTENNA SYSTEMS For use with Mobile 8 Desktop Stations 72 240 L1702 73 24 TDN8809 74 24 5880367B21 75 900 L1705 77 24 TDN8814 78 24 TDN88 15 79 24 RRX4038A 80 24 TDN6673 81 24 TDN6670 83 12 TDF6441 Revised l-4-99 l/2” SUPERFLEX, POLY JK-T, PER FOOT 1/2”CONN, N PLUG S-FLEX (PLTD) Mini/UHF M TO NF l/2” LDF HELIAX, POLY JKT, PER FOOT 1/2”CONNECTOR, N PLUG (PLATED) 1/2”CONNECTOR, N JACK (PLATED) COAX PROTECTOR 1/2”CABLE GROUND CLAMP KIT CABLE TIES, NYLON YAGI ANTENNA $4 $923 $47 $1,137 $17 $409 $3 $2,389 $41 $989 $41 $989 $77 $1,859 $24 $582 $38 $912 $90 $1,076 Total Equip Tax Installationllier Programming Freight approx. TOTAL $395,177 $30,626 $31,350 $457,153 carlspw.xls RCS Equipment Price Book January 4, 1999 City of Carlsbad 2560 Orion Way Carlsbad, Ca 92008 Att: Chief Brian Watson Brian, Motorola is pleased to present to the City of Carlsbad the finalized subscriber radio quantities and types for the remaining city public service departments for usage on the Regional Communications System. The enclosed list of equipment shown in Schedule “A-2” has been selected and priced using the RCS “Price Book”. Term of Sale The master lease will not be used for this agreement as requested. Therefore the payment terms for the equipment and service will be 100% of equipment & tax total Due 30 days from shipment & invoice 100% of installation due after final installation Communications Equipment Purchase Agreement Motcrcl: :vill work with you and the City Attorney’s office to modify the existing agreement between the City of Carlsbad and Motorola. This will be accomplished by Amendment NO. 2 to the existing agreement. Statement of Work (SOW) Motorola has included a statement of work to help define the responsibilities of the City of Carlsbad and Motorola for the Installation/removal of your subscriber radios shown in Schedule “A”. Subscriber Equipment Warranty Motorola has included information on the warranty period for the proposed equipment. Also included is the standard repair process. Additional information on maintenance and warranty repair procedures is being determined by the RCS. If you have any questions do not hesitate to call me at (760) 930-4013. Sincerely, Motorola Inc. Ed W’:!;rxikowski Sales Team Manager Western Division cc: Curt Munro, RCS Project Manager Stu Tant, RCS Radio Service Supervisor . , Statement of Work (SOW) Installation and Services Motorola will sub-contract to a qualified service provider QuigleyBehr. Motoroia will ship and deliver the radios to the City of Carlsbad that are specified as the City of Carlsbad user radios shown in Schedule “A-2”. City of Carlsbad should contact the RCS project office to make arrangements for the installation timelines, programming of the radio units, Training for the radio users and the final radio installation to be performed by the Motorola contracted installation provider . Removal of existing radios will be accomplished as part of this service. Training Training for all subscriber radio equipment will be coordinated by the city of Carlsbad and the RCS Sheriffs transition training team. Contact the RCS project office for additional information. Installation Schedules Will be coordinated between the City of Carlsbad, the RCSIMotorolaJQuigley’s Behr. Product Warranties Motorola warrants that all products provided under this agreement will be free from defects in design, material, and workmanship for the Warranty Periods listed in Table I - Warranty Periods. During the respective Warranty Periods, Motorola will repair or replace defective parts free of charge, including freight, during the product warranty period. Table I - Warranty Periods Field Unit Equipment From Date of Ship + two year l&3 ESP/ years “Express Service Plus Plan (ESP) This option has been included for all MTS2000, MCS2000, XTS3000 field units. (Spectra Digital radios contain a I yearparts and labor warranty along with years 2 & 3 maintenance). The ESP provides repair coverage for 2 years beyond the standard 1 year warranty (for a total of 3 years of radio coverage), Repairs under the standard 1 year warranty can be made at any qualified Motorola Service Center, or when initialization of the board is required, at the Plantation or National Subscriber Depots. Repairs under the 2 year extended warranty must be made at the National Subscriber Depot (Schaumburg). All inbound shipping or transportation charges to Motorola must be paid by the purchaser. Motorola will pay for outbound shipping via Motorola’s normal shipping methods. This Factory Depot Service plan is available in addition to the Standard Commercial Warranty for certain Motorola manufactured subscriber products for a consideration over and above the price of the product paid by the original purchaser or lessee ( WITH THE EXCEPTION OF BATTERIES AND ANY MOTOROLA SOFTWARE WHICH ARE NOT COVERED BY THIS PLAN) and is in effect from the date the standard commercial warranty expires. This plan is available for purchase at the time of equipment order only.. THIS PL3.N DOES NOT COVER DEFECTS, MALFUNCTIONS, PERFORMANCE FAILURES OR DAMAGES TO THE UNIT RESULTING FROM: A) USE IN OTHER THAN ITS NORMAL AND CUSTOMARY MANNER B) MISUSE, VANDALISM, ACCIDENT OR NEGLECT; OR C) IMPROPER DISASSEMBLY, TESTING, OPERATION, MAINTENANCE, INSTALLATION, MODIFICATION, ADJUST- MENT, ALTERATION OR REPAIR. WRITE IT - DON’T SAY IT! IO Chief Brian Watson/Fire m/Clerk's Data January 27 0 Reply Wanted q lNo Reply Necessary 1999 Per our telephone conversation this morning, I have attached one original Amendment No. 2 to the 800 MHZ Motorola agreement. You s&id that you didn't know what mailing address to use for Motorola; but that you would call in the sales representative and have him deliver the original to Motorola. Thanks for your help, Brian. .