HomeMy WebLinkAboutMotorola Solutions Inc; 2018-03-07;• I
Maintenance and Support Agreement
' IVJotorola Solutions, Inc.,· a Delaware corporation ("Motorola") having a place of business located at 7237
Church Ranch Blvd, Suite 406 Westminster, CO 80021 and City of Carlsbad Police Department
("Customer"), having a place of business located at 2560 Orion Way, Carlsbad, CA 92010, enter into this
Maintenance and Support Agreement ("Agreement"), pursuant to which Customer will purchase and
Motorola will sell the maintenan<:;e and support services as described below and in the attached exhibits.
Motorola and Customer may be referred to individually as "party" and collectively as "parties.·
For good and valuable consi~eration, the parties agree as follows.
Section 1 EXHIBITS
The Exhibits listed below are incorporated into and made a' part of this Agreement. In interpreting this
Agreement and resoMng any ambiguities, the main body of this Agreement will take precedence over the
Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed
below.·
Exhibit A
Exhibit B . -
Exhibit C
Section 2
"Covered Products, Support_ Options and Pricing"
·customer Support Plan"
"Labor Rates"
DEFINITIONS
"CSR; ~ns Motorola Sol~ions Customer Service Request System
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"Equipment" means the physical hardware purchased by Customer from Motorola pursuant to a separate
System Agreement, Products Agreement, or other form of Agreement
"Motorola" means Motorola·Solutions, Inc., a Delaware corporation.
"Motorola Solutions Software" means Software that Motorola owns. The term includes Product Releases,
Standard Releases, Supplem·ental Releases, Cumulative Updates, and On Demand Releases. . . .
"Non-Motorola Solutions Software" means Software that a Third Party other than Motorola owns.
"Optional Technical Support Services" means fee-based technical support services that are not covered
as part of the standard Technical Support Services.
"Patch" means a specific change to the Software that does not require a Release.
"Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that
maintenance and support services will be provid~ under this· Agreement. The PPM selected by
Customer is 1ndicateq in the Covered Products, Support Options :and. Pricing Exhibit.
"Products" means the Equipment (as indicated in the Covered Products Exhibit) and Software provided
by Motorola.
"Releases• means an .Update or Upgrade to the Motorola Software and are characterized as "On Demand
Releases,· "Cumulative Updates,· "Supplemental Releases,· "Standard Releases,· or "Product Releases.··
The content and timing of Releases will be at Motorola's sole .discretion. ·
An ·on. Demand Release· is a limited usage release defined as a release of Motorola Software that
primarily will address a high priority issue and will be issued on an "as needed" basi.s; an .On Demand
Release will be superseded by the next issued On Demand Release 6r Cumulative Update .
Motorola Solutlons, Inc. PSA M&SA 2 . Version 9-21~15
A ·cumulative Update" is defined as a release of Motorola Software that contains error corrections to an
existing Standard Relea~ that do not affect the overall structure of the Motorola Software. Cumulative
Updates will be superseded by the next issued Cumulative Update.
A "Supplemental Release" is defined as an interim release of Motorola Software that contains primarily
error corrections,to an existing Standard Release and may contain limited improvements that do not
affect the overall structure of the Motorola Software. Depending on the Customer's specific configuration,
a Supplem13ntal Release might not be applicable.
A "Standard Release" is defined as a release of Motorola Software that may contain product
enhancements and improvements, such as new databases, modifications to databases, or new servers,
as well as error corrections. A Standard Release may involve file and database conversions, System
configuration changes, hardware changes, additional training, on-site installation, and System downtime.
Standard Releases will contain all the content of prior On Demand Releases and Cumulative Updates
that is reasonably available (content may not be reasonably available because of the proximity to the end
of the release cycle and such content will be included in the next release). '
A "Product Release" is defined as a release of Motorola Software considered to be the next generation of
an existing product or a new product offering. If a question arises as to whether a Product offering is a
Standard R~lease or a Product Release, Motorola's opinion will prevail, provided that Motorola treats the
Product offering as a new Product or feature for its end user customers generally.
On Demand Releases are identified by the fifth character of the five-character release number, shown
here as underlined: "1.2.0.4 . .!, • Cumulative Updates by' the fourth digit: "1.2.0.~.a," Supplemental
Releases are identified by the third digit: "1.2.Q.4.a," Standard Releases by the second digit "1.1.0.4.a,"
and Product Releases by the first digit "1-2.0.4.a."
"Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the
Software to fail to conform to the Specifications.
"Services" means those maintenance and support services described in the Customer Support Plan
Exhibit and provided under this Agreement.
"Software" means the Motorola Solutions Software and Non-Motorola Solutions Software (Third Party)
that is furnished with the System or Equipment.
"Specifications" means the design, form, functionality, or performance requirements describedr in
published descriptions of the Software, and if also applicable, in any modifications to the publisbed
specifications as expressly agreed to in writing by the parties.
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"Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding
established Motorola holidays. ·
"Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s).
"Start Date· means the date upon which this Agreement begins. The Start Date is specified in the
Covered Products, Support Options and Pricing Exhibit.
"System" means the Products and Services provided by Motorola as a system and are more fully
described in the Technical and Implementation Documents attached ,as Exhibits to a System Agreement
between Customer and Motorola.
"Technical Support Services" means the remote telephonic support provided by Motorola on a standard
and centralized basis concerning the Covered Products, including diagnostic services and
troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the·
Motorola Solutions, Inc. PSA M&SA 3 Version 9-21-15
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Customer. Technical Support Services includes minor assistance concerning the use of the Software
(including advising or assisting the Customer in attempting data/database recovery, database set up, '-client-server advice), and minor assistance or advice on installation of Releases provided under this
Agreement.
"Update" means an On Demand Release, Cumulative Update, Supplemental Release or a Standard
Release.
"Upgrade" means a Product Rel~ase.
Section 3 SCOPE AND TERM OF SERVICES
3.1. In accordance with the provisions of this Agreement and in consideration of the payment by
Customer of the price for the Services, Motorola will provide to Customer the Services as described in this
Maintenance and Support Agreement and as indicated in the Covered Products, Support Options 'and
Pricing Exhibit. Services will apply only to the Products described in the Covered Products Exhibit.
3.2. Unless the Covered Products, Support Options and Pricing Exhibit expressly provides to the
contrary, the term of this Agreement is one (1) year, beginning on the Start Date. Following the initial
term period, this Maintenance and Support Agreement will automatically renew upon the anniversary date
for successive one (1) year periods unless either party notifies the other of its intention to not renew the
Agreement (in whole or part) not less than thirty (30) days before the anniversary date or requests an
alternate term or this Agreement is terminated for default by a party.
3.3. This Agreement covers all copies of the specified Products listed in the Covered Products,
Support Options and Pricing Exhibit that are licensed by Motorola to t~e Customer. If the price for
Services is based upon a per unit fee, such price will be calculated on the total number of units of the
Products that are licensed to Customer as of the beginning of the maintt;lnance1 and support period. If,
during a maintenance and support period, Customer acquires additional Products that will be covered by
this ,f\greement, the price for maintenance and support services for the additional Products will be
calculated and added to the total price either (1) if and when the maintenance and support period is
renewed or (2) immediately when Customer acquires additional Products, as determined by Motorola.
Motorola may adjust the price of the maintenance and support services at -the time of a renewal if it
provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of
the maintenance and support period. If Customer notifies Motorola of its intention not to renew this
Agreement as permitted by Section--3.2 and later wishes to reinstate this Agreement, it may do so with
Motorola's consent provided (a) Customer pays to Motorola the amount that it would have paid if
Customer had kept this Agreement current, (b) Customer ensures that all applicable Equipment is in good
operating conditions at the time of reinstatement, and (c) all copies of the specified Software listed in the
Description of Covered Products are covered.
3.4. When Motorola perfonns Services at the location of installed Products, Customer agrees to
provide to ,Motorola, at no charge, a non-hazardous environment for work with shelter, heat, light, and
power, and with full and free access to the covered Products. Customer will provide all information
pertaining to the hardware and software with which the Products are interfacing to enable Motorola to
perform its obligations under this Agreement. 1
3.5. All Customer requests for covered Services will be made initially with the call intake center
identified in the Covered Products, Support Options and Pricing Exhibit.
3.6. Motorola will provide to Customer Technical Support Services and Releases as follows:
3.6.1. Motorola will provide Technical Support Services and correction of Residual Errors during
the PPM in accordance with the Exhibits. The level of Technical Support depends upon the Customer's
selection as indicated in the Covered Products, Support Options and Pricing Exhibit. Any Technical
Motorola Solutlons, Inc. PSA M&SA Version 9-21-15
Support Services that are perfonned by Motorola outside the contracted PPM and any Residual Error
corrections that are outside the scope will be billed at the then current hourly rates. The objective of
Technical Support Services will be to investigate specifics about the functioning of covered Products and
to detennine whether there is a defect in the Product. Technical Support Services will not be used in lieu
of training on the covered Products.
3.6.2. Unless the Covered Products, Support Options and Pricing Exhibit expressly provides to
the contrary, Motorola will provide to Customer without additional license fees an available Supplemental
or Standard Release after receipt of a request from Customer. In addition, Motorola will provide to
Customer, remote and/or onsite Services to implement Standard and Supplemental Releases as part of
the Maintenance Services. The decision as to whether a Release will be implemented remotely or onsite
will be at the Motorola's sole discretion. In such instances when by Motorola's detennination
implementation requires customization above standard implementation or when training is required in
connection with a Supplemental or Standard Release, Motorola will detennine the fees associated with
the customization or training and provide a quote for Services at the time of Customer request. Customer
must pay for any necessary Equipment or third Pctlrty Software associated with third party implementation
provided by Motorola in connection with such Supplemental or Standard Release. Motorola will provide
onsite resources to implement third party Equipment as a part of the Maintenance Services when the third
party Equipment is purchased as a part of the requested Upgrade. Additionally, Motorola will provide
Services to implement Upgrades for components of CAD (Including but not limited to UDT, OQ, A\/1/W,
ATM) systems at no additional charge when these components are either part of a CAD Standard or
Supplemental Release Upgrade or the components can be implemented remotely by Motorola's
standards. Customer must pay for onsite implementation fees associated with CAD component Upgrades
that are independent of a Standard or Supplemental CAD Release. Motorola will provide a quote for CAD
component onsite implementation upon Customer's request. Any Services will be perfonned in
accordance ,with a mutually agreed schedule. This paragraph expressly excludes Product Release
· versions, such as Motorola's PremierOne Product, as stated in section 3.6.3 of this Agreement. Some
upgrades will require additional fee based products, services or training as part of an Upgrade.
' 3.6.3. Motorola will provide to Customer an available Product Release after receipt of a request
from Customer, but Customer must pay for all additional license fees, any installation or other services,
and any necessary Equipment provided by Motorola in connection with such Product Release.
Motorola's duty as described in this paragraph is contingent upon Customer's then-current installation at
the time of Customer's request b~ing within two (2) Standard Release versions of the new Standard
Release available for general release. Any services will be perfonned in accordance with a mutually
agreed schedule.
3.6.4 Along with maintenance Software Releases, Motor61a will make available new
purchasable products, features and modules which are separate and distinct from the mainstream
PremierOne line of Products. Newly released Products may have PremierOne as a pre-requisite and/or
share some portion of the PremierOne code base. Customers are not entitled to these products, features
and modules, or upgrades to them within this Maintenance and Support Agreement, if they have not
purchased the required licenses.
3.6.5. Motorola does not warrant that a Release will meet Customer's particular requirement,
operate in the combinations that Customer will select for use, be uninterrupted or error-free, be backward
compatible, or that all errors will be corrected. Full compatibility of a Release with the capabilities and
functions of earlier versions of the Software may not be technically feasible. If it is technically feasible,
services to integrate these capabilities and functions to the updated or upgraded version of the Software
may be purchased at Customer's request on a time and materials basis at Motorola's then current Labor
Rates for Professional· Services. Any change to existing functionality is done after thorough review of
customer feedback and with announcement of said change.
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3.6.6. Except as provided in Section 3.6.6, Motorola's responsibilities under this Agreement to
provide Technical Support Services will be limited to the current Standard Release plus the two (2) prior
Standard Releases (collectively referred to in this section as "Covered Standard Releases.").
Notwithstanding the preceding sentence, Motorola will provide Technical Support Services for a Severity ,
Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless ,
such error ha·s been corrected by_ a Covered Standard Release (in which case Customer will need to
have Standard Release that fixes the reported error installed or terminate this Agreement as to the
,applicable Software).
3.6.7. Motorola's responsibilities under this Agreement to provide Technical Support Services
will be limited to the current Standard Release concerning the following Software: Customer Service
Request, Case Management, Integration Framework, and Integration Framework Express.
3.7. The maintenance and support Services described in this Agreement are the only covered
services. Unless Optional Technical Support Services are purchased, these Services specifically exclude
and Motorola will not be responsible for:
3.7.1. Any service work required due to incorrect or faulty operational conditions, including but
not limited to Equipment not connected directly to an electric surge protector, or not properly maintained
in accordance with the manufacturer's guidelines. '
3.7.2. The repair or replacement of Products or parts resulting from failure of the Customer's
facilities, Customer's personal property and/or devices connected to the System (or interconnected to
devices) whether or not installed by Motorola's representatives.
3.7.3. The repair or replacement of Equipment that has become defective.or damaged due to
physical or chemical misuse or abuse, Customer's negligence, or from causes such \as lightning, power
surges, or liquids.
3.7.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide
web, or for Equipment malfunction caused by such transmission medium.
3.7.5. Accessories, custom or Special Products; modified units; or modified Software.
3.7.6. The repair or replacement of parts resulting from the tampering by persons unauthorized
by Motorola or the failure of the System due to extraordinary uses.
3.7.7. Operation and/or functionality of Customer's personal property, equipment, and/or
peripherals and any application ,software not provided by Motorola.
3.7.8. Services for any replacement of Products or parts directly related to the removal,
relocation, or reinstallation of the System or any System component.
3.7.9. Services to diagnose technical issues caused by the installation of unauthorized
components or misuse of the System.
3.7.10. Services to diagnose malfunctions or inoperability of the Software caused by changes,
additions, enhancements, or modifications in the Customer's platform or in the Software.
3. 7.11. Services to correct errors found to be caused by Customer-supplied data, machines, or
operator failure.
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3.7.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner,
photographic paper, magnetic tapes and any supplies in addition to that· delivered with the System;
battery replacement for uninterruptible power supply (UPS); office furniture including chairs or
workstations.
3.7.13. Third-party software unless specifically listed on the Covered Products Exhibit.
3.7.14. Support of any interface{s) beyond Motorola-provided port or cable, or any services that
are necessary because third party hardware, software or supplies fail to conform to the specifications
concerning the Products.
3. 7 .15. Services related to cu~tomer's failure to back up its data or failure to use an UPS system
to protect against power interruptions.
3.7.16. Any design consultation such as, but not limited to, configuration analysis, consultation
with Customer's third-party provider(s), and System analysis for modifications or Upgrades or Updates
_which are not directly r;elated to a Residual Error report.
3.8. The Customer hereby agrees to:
3.8.1. Maintain any and all electrical and physical environments in accordance with the System
manufacturer's specifications.
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3.8.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per
, Motorola's recommended backup procedures.
3.8.3. Ensure System accessibility, which includes physical access to buildings as well as
remote electronic access. Remote access can be stipulated and scheduled with customer; however,
remote access is required and will not be substituted with on-site visits if access is not allowed or
available. ·
3.8.4. Appoi11t one or more qualified employees to perform System Administration duties,
including acting as, a primary point of contact to Motorola's Customer Support organization for reporting
and verifying problems, and performing System backup. At least one member of the System
Administrators group must have completed Motorola's End-User training and System Administrator
training (if available). The combined skills of this System Administrators group includes proficiency with:
the Products, the system platform upon which the Products operate, the operating system, database
administration, network capabilities such as backing up, updating, adding, and deleting System and user'
information, and the client, server and stand alone personal computer hardware. The System
.A.dministrator will follow the Residual Error reporting process described1 herein and make all reasonable
efforts to duplicate and verify problems and assign a Severity Level according to definitions provided
herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified
by the System Administrator before reporting them to Motorola. Customer will assist Motorola in
determining that errors are not the product of the operation of an external system, data links between
system, or network administration issues. If a Severity Level 1 or 2 Residual Error occurs, any Customer
representative may contact Motorola's Customer Support Center by telephone, but the System
Administrator must follow up with Motorola's Customer Support as soon as practical thereafter.
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3.9. In performing repairs under this Agreement, Motorola may use parts that are not ~ewly
manufactured but which are warranted to be equivalent to new .in performance. Parts replaced by
Motorola will become Motorola's property.
3.1 O Customer will permit and cooperate with Motorola so that Motorola may periodically conduct
audits of Customer's records and operations pertinent to the Services, Products, and usage of application
and data base management software. If the results of any such audit indicate that price has been
Motorola Solutions, Inc. PSA M&SA 7 Version 9-21-15
understated, Motorola may correct the price and immediately invoice Customer for the difference (as well
as any unpaid but owing license fees).
3.11. If Customer replaces, upgrades, or modifies equipment, or replaces, 1.1pgrades, or modifies
hardware or software that interfaces with the covered Products, Motorola will have the right to adjust the
price for the Services to the a~propriate current price for the new configuration.
3.12 Customer agrees not to attempt or apply any update(s), alteration(s), or change(s) to the
database software without the prior approval of the Motorola.
Section 4. RIGHT TO SUBCONTRACT AND ASSIGN
Except as provided herein, neither party may assign this Agreement or ariy of its rights or obligations
hereunder without the prior written consent of the other party, which consent will not be unreasonably
withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void.
Notwithstanding the foregoing, Motorola may assign this Agreement to any of i~ affiliates or its right to
receive payment without the prior consent of Customer. In addition, in the event Motorola separates one
or more of its businesses (each a "Separated Business"), whether by way of a ~le, establishment of a
joint venture, spin-off or otherwise (each a "Separation Event'), Motorola may, without the prior written
consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will
continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent
applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting
will not relieve Motorola of its duties under this Agreement.
Section 5. PRICING, PAY~ENT AND TERMS
5.1 Prices in United States dollars are shown in the Covered Products, Support Options and Pricing
Exhibit. The term prices shown in the Covered Products, Support Options and Pricing Exhibit will be
invoiced annually in advance of the period of service. Motorola will provide to Customer an invoice, and
Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Upon
contract execution, Customer will issue a Purchase Order (if applicable) to Motorola in the full amount of
the Contract Price, or evidence of full funding for,-,a multi-year agreement and will make payments when
due in the form of a check, cashier's check, or wire transfer drawn on a United States financial institution.·
Motorola's annual maintenance and support pricing for Motorola products increases each year 5% over
the previous term's pricing. Third-party products will increase annually based on a current vendor
supplied maintenance and support quote.
5.2. Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless
such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum
allowable rate.
5.3 If Customer requests, Motorola may provide services outside the scope of this Agreement or after
the termination or expiration of this Agreement and Customer agrees to pay for those services. These
terms and conditions and the prices in effect at the time such services are rendered will apply to those
services.
5.4 Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or
any other similar assessments imposed upon Motorola. If such charges are imposed upon Motorola,
Customer will reimburse Motorola upon receipt of proper documentation of such assessments.
Section 6. LIMITATION OF LIABILITY
Except for personal injury or death, Motorola Solutions total liability, whether for breach of
contract, warranty, negligence, strict liability In tort, or otherwise, will be limited to the direct
damages recoverable under law, but not to exceed the price of twelve (12) months of Service
Motorola Solutions, Inc. PSA M&SA 8 Version 9-21-15
provided under th,is Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA SOLUTIONS WILL NOT BE
LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD
WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT
OR THE PERFORMANCE OF SERVICES _ BY MOTOROLA SOLUTIONS PURSUANT TO THIS
AGREEMENT. No action for contract breach or otherwise relating to the transactions
contemplated by this Agreement may be brought more than one (1) year after the accrual of the
cause of action, except for money due upon an open account. This limitation of liabiltty will
survive the expiration or tenninatlon of this Agreement and applles notwithstanding any contrary
pro•~-.
Section 7. DEF AULT/TERMINATION
7.1. If Motorola breaches a material obligation under this Agreement (unless Customer or a Force
Majeure causes such failure of performance); Customer may consider Motorola to be in default. If
Customer asserts a default, it will give Motorola written and detailed notice of the default. Motorola will
have thirty (30) days thereafter either to dispute the assertion or provide a written plan to cure the default
that is acceptable to Customer. If Motorola provides a cure plan, it will begin implementing the cure plan
immediately after receipt of Customer's approval of the plan.
7.2. If Customer breaches a material obligation under this Agreement (unless Motorola or a Force
Majeure causes such failure of performance); if Customer breaches a material obligation under the
Software License Agreement that governs the Software c;:overed by this Agreement; or if Customer fails to
pay any amount when due under this Agreement, indicates that it is unable to pay any amount when due,
indicates it is unable, to pay its debts generally as they become due, files a voluntary petition under
bankruptcy law, or fails ·to have dismissed within ninety (90) days any involuntary petition under
bankruptcy law, Motorola may consider Customer to be in default. If Motorola asserts a default, it will give
Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to (Q
dispute the assertion, (ii) cure any monetary default (including interest), or (iiQ provide a written plan to
cure the default that is acceptable to Motorol~. If Customer provides a cure plan, it will begin
implementing the cure1 plan immediately after receipt of Motorola approval of the plan. ,
7.3. If a defaulting party fails to cure the default as provided above in Sections 7.1 or-7.2, unless
otherwise agreed in writing, tlte non-defaulting party may terminate any unfulfilled portion of this
Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of
Section 6 above.
7.4. Upon the expiration or earlier termination of this Agreement, Customer and Motorola will
immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the other,
including all copies thereof, which the other Party previously providedr to it in furtherance of this
Agreement Confidential Information includes: (a) proprietary materials and information regarding
technical plans; (b) any and all other Information, of whatever type and in whatever medium including
data, developments, trade secrets and improvements, that is disclosed by Motorola to Customer in
connection with this Agreement; (c) all geographic information system, address, telephone, or like records
and data provided by Customer to Motorola in connection with this Agreement that is required by law to
be held confidential.
Section 8. , GENERAL TERMS AND CONDITIONS
8.1. Notices required under this Agreement to be given by one party to the other must be in writing
and either delivered in person or sent to the address shown below by certified mail, return receipt
requested and postage prepaid (or by a recognized courier service), or by facsimile with correct
answerback received, and will be effective upon receipt.
Motorola Solutions, Inc. PSA M&SA 9 Version 9-21-15
Customer: City of Carlsbad Police Department
Attn: Maria Callander
2560 Orion Way
Carlsbad, CA 92010-7240
Motorola Solutions, Inc.
Attn: Legal, Corporate Communications & Government Affairs
500 West Monroe Street, 43rd Floor L
Chicago, IL 60661
8.2. Neither party will be liable for its non-performance or delayed performance if caused by an event,
circumstance, or act of a third party that is beyond such party's reasonable control.
8.3. Failure or delay by either party to exercise any right or power under this Agreement will not
operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by
the waMng party. An effective waiver of a right or power will not be construed as either a Mure or
continuing waiver of that same right or power, or the waiver of any other right or power.
8.4. Customer may not assign any of its rights under this Agreement without Motorola's prior written
consent
8.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties regarding
the covered Maintenance and Support Services and supersedes all prior and concurrent agreements and
understandings, whether written or oral, related to the services performed. Neither this Agreement nor
the Exhibits may be altered, amended, or modified except by a written agreement signed by authorized
representatives of both parties. Customer agrees to reference this Agreement on all purchase orders
issued in furtherance of this Agreement. Neither party will be bound by any terms contained in
Customer's purchase orders, acknowledgements, or other writings (even if attached to this Agreement).
8.6. This Agreement will be governed by the laws of the United States to the extent that they apply
and-otherwise by the laws of the State to which the Products are shipped if Licensee is a sovereign
government entity or the laws of the State of Illinois if Licensee is not a sovereign government entity.
Section 9. CERTIFICATION DISCLAIMER
Motorola specifi~lly disclaims all certifications regarding the manner in which Motorola conducts its
business or performs its obligations under this Agreement, unless such certifications have been expressly
accepted and signed by an authorized signatory of Motorola.
Section 10. COMPLIANCE WITH APPLICABLE LAWS
The Parties will at all times comply with all applicable regulations, licenses and orders of their respective
countries relating to or in any way affecting this Agreement and the performance by the Parties of this
Agreement. Each Party, at its own expense, will obtain any approval or permit required in the
performance of its obligations. Neither Motorola nor any of its employees is an agent or representative of
Customer.
Motorola Solutions, Inc. PSA M&SA 10 Version 9-21-15
Exhibit A
COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING
MAINTENANCE AND SUPPORT AGREE-MENT. USC000028733 TERM· 4/1//2018-3/31/2019
CUSTOMER AGENCY City of Cartsbad Police Deoartment BIWNG AGENCY · . City of Carlsbad
Address 2560 Orion wav Address -1635 Faraday Avenue
Citv State Zlo Carlsbad-CA 92010--7240 Citv. State Zio Carlsbad CA 92008--7314
Contact Name Malia Callander Contact Name Accounts Payable
Contact Trtle Public Safetv IT Manaaer Contadntle
Telephone Number (760) 931-2176 Teleohone Number
Email Address Maria.callander@car1sbadca.gov Email Address
For support and updates on products below, please contact Motorola's Public Safety Appllcatlon's
Customer Support: (800) 323-9949 Option 2, Option 6, then select the corresponding prompt by product
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Standard Services Include:
Customer Support Plan
Case Management 24x7 .
Technical Support 9x5
Third-party Vendor Coordlnatlon
On-sltl3 Support (when appllcable)
Software R~ as defln09 ·
Virtual Private Network VPN Tool
Defective Media Retention
On-site Support (when appncable)
Software Releases as defined
Access to Users Group Site
HOST SERVER: SAN DIEGO NETRMS CONTRACT# USC000038686
Motorola Solutions, Inc. PSA M&SA Exhibit A 12 Version 9-21-15
' \
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and
year first written above. , · · ·
I MOTOZZ .
By: .. -... d
CITY OF CARLSBAD POLICE DEPARTMENT
By: cJtiau~ ~JR,r
Name: Chris Carroll . Name: (\-1,(]JJQ (o ilo/\cie,r
Title: MSSSI Vice President and Director, Sales Title: bt r-ec+o r :cnfu-~ 1e.c~ ~'::j
Date:~F~e~b~ru~ary~· _2~1,_2~01~8 _______ Date: Mar I I '2.0r-8 .
Motorola Solutions, lnc. PSA M&SA 11
APPROVED AS TO FORM eeu.U;{!~
By: . '
· Asst/Deputy City Attom"I
etty of carllbad. CA
Version 9-21-15
I
r
Exhibit A Continued ~
COVERED PRODUCTS, SUPPORT OPTIONS AND PRICING·
MAINTENANCE AND SUPPORT AGREEMENT USC000028733 TERM:. 4/1(2018-3/31/2019
Optlonal Services Available:
24x7 Technical Support·
Professional Services Upgrades*
Hardware Refresh*
Professlonal Services Consultation
Professional Services Training
*Require Mulfl..year Agreement
Users Conference /vJ.vance Purchase-
, On-61te Support Dedicated Resource
GeoFlle Services
Tune and Materials
Ltfecycle Services* .
**USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS
Users Conference Attendance ($2,800 per Attendee) Year 2018 Nwnber Attendees 0
• Registration fee . · • Roundtr1p travel for event (booked by Motorola)
• Ground Transportation (booked by Motorola) . Daily meal allqwance 1 ·
Hotel accommcxlatlons (booked bv Customer Aoencv oer Motorola website instructlonsl ·
Dally meal allowance is determined by Motorola based on published guidelines. In no event will the amount provided exceed
attendee's applicable Agency rules regarding meal expenses, provided the attendee:or his/her agency notifies Motorola in advance of
the conference of any restrictions, prohibitions or !Imitations that apply
' I OPTIONAL SUPPORT SERVICES
\J
SUPPORT FEES SUMMARY
Product Service Level Term Fees
NetRMS Interface 24x7 -SUBTOTAL MOTOROLA SUPPORT '. : : 11
24x7 Technical Su rt Included
SUBTOTAL OPTIONAL SUPPORT SERVICES Included
GRAND TOTAL 1 978.00
Motorola Solutlons, 'Inc. PSA M&SA Exhibit A 13 Version 9-21-15
l
•
Exhibit B
CUSTOMER SUPPORT PLAN
MAINTENANCE AND SUPPORT AGREEMENT USC000028733 TERM: 4/1/2018-3/31/2019
CUSTOMER: ~ Cltv of Carlsbad Police_ Department
lntroductior:i
Welcome to Motorola Customer Support. We appreciate your business and look forward to serving your
. needs on your Public Safety Applications (PSA) system.
The Customer Support Plan is designed to provide Motorola customers the details necessary for
understanding Motorola overall support processes and policies as a compliment to the Motorola
Maintenance and Support Agreement. · · ·
The Motorola Maintenance and Support Agreement is the legal and binding contractual terms for which
services are provided under. Questions or concerns regarding your support plan can be directed to your
Support Manager: \
Below are the topics outlined in this Customer Support Plan:
I.
II.
Ill.
IV.
V.
VI.
Service Offerings
Accessing Customer Support
Severity Levels and Case Management
Responslbilities
Customer Call Flow
Contacts
/. Service Offerings
Motorola Customer Support organization includes a staff of Support Analysts who are managed by
Motorola Customer Support' Managers and are chartered with the direcf front-lif'1e support of Motorola
_ Customers. A Support Analyst is_a system technologist responsible for providing direct or escalation
support. A Support Analyst is sometimes referred to as a Customer Support Analyst ("CSA") or Technical
Support Analyst ("TSA") or_ Technical Support Representative. ·
Moto;ola sJpport Organization offers a multi-layered approach to a total service solution. Level_s of_
support arei :defined as follows:
Service Levels r-,---,-----,----,--,------:----------,----------, Logging, dispatching and tracking servi~ requests
Selected 1 call support, triage and resolution
Telephone ai:id/or on-site support for normal technical requirements
. High-level technical support prior to Engineering escalation
Engineering software code fixes and changes
Motorola provides to customers on an active Maintenance and Support Agreement.defined services and
Software Releases. SpE!(:ific suppor:t definitions, offerings and customer respor:isibiljties are detailed in ·
Section 3 of the main body of the Main_tenance and Support Ag~ent.
Motorola Solutions, lhc. PSA M&SA Exhibit B 14 --...._ Version 9-21:.15
II. Accessing Customer Support
The Motorola Solutions System Support Center Operations
Motorola Public Safety Applications Technical Support personnel in cooperation with Motorola System
Support Center ("SSC") provide the gateway to technical support for all of Motorola Public Safety
Application systems. Accessing support through Motorola toll free 800 number, web ticketing or email
ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make
certain systems are restored and running at peak levels as quickly as possible. This is accomplished by
obtaining accurate customer and problem details and by directing requests to the right support team in a
timely manner.
The System Support Center offers total call management including:
• Single point of contact for Motorola service requests
• Logging, dispatching and tracking of service requests
• System capabilities to identify pending cases and automatically escalate to management
• Database and customer profile management
• Standard reports with on-demand distribution
• Case notification
Motorola System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means
you can call us anytime. Support Center personnel enter requests for service, technical assistance, or
telephone messages into a database system. Every time you call us, we log information about your
request into the tracking system so that the information is available for reference and analysis to better
serve your future service needs. Another benefit of logging every service request is that Motorola and
customers can track the progress from initial contact to final resolution.
There are three options for accessing Support at Motorola:
1. Motorola System Support Center Toll Free Number
2. eCase Management through Motorola On-Line
3. Email Case Ticketing
Option 1 -Call Motorola Solutions System Support Center
Call Motorola Solutions Toll free 800-323-9949
• Select from the auto attendant as follows:
• Option 2-Technical Support of Infrastructure Products
• Then select Option 6 -Public Safety Applications
• Next select the appropriate system type option
1. CAD
2. RMS, Records
3. Mobile Applications
4. Jail Management Systems
5. Law Records (LRMS)
6. Customer Service Request System (CSR)
0. All Other Applications
Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact
and your agency and product specific Site Identification Number. Providing a brief problem description
will assist in defining the severity level and determine proper case routing to the appropriate Motorola
Technical Support Team Member. A unique tracking number will be provided to your agency for future
reference.
Generally customers calling the toll-free 800 number will access Public Safety Applications technical
support directly. For heavy call times or after hours the caller will be directed to Motorola System Support
Call Center Operations. Once the logging process is complete customers are transferred directly to a
Technical Support Analyst during Technical Support Operation Hours (6:00 a.m. to 6:00 p.m. Mountain
Motorola Solutions, Inc. PSA M&SA Exhibit B 15 Version 9-21-15
Time, Monday through Friday). After support operation hours (6:00 p.m. to 6:00 a.m. Mountain Time,
Weekends and Motorola Holidays) customers will be contacted within the contractually specified period of
time by a Technical Support Analyst.
Motorola Call Flow
~
uto notification is sent to
customer with the case
mber that was created.
sponse to these cases is
within 2 hours.
A case is
auto logged
in Clarify
Yes
Yes
Product support
team?
No
CAD, JAIL, MOBILE, LRMS, CSR
Pse the keyword list to
enmine customer's case
seventy
Motorola Solutions, Inc. PSA M&SA Exhibit B
Yes
Create a tech
support case.
Provide customer
their case number
16
N
Follow process to
create a PO
RMS Is this a new
issue?
Open and refer to Yes
existing Case
Create a tech
support case.
Provide customer
their case number
No-Open and refer to
existing Case
Use the keyword list to
detenmine customer's case
severity
Version 9-21 -15
Technical Staff Call Flow
~
uto notification is sent to
customer with resolution
information
Motorola Solutions, Inc. PSA M&SA Exhibit B
The Support
Analyst works the
issue making
updates to the
Clarify case.
Is the issue
escalated to an SR
in Clearquest?
No
The Support
Analyst works the
Clarify case to
resolution.
Support technician
closes the Clarify
case
End customer
process
17
Yes
The Support
Analyst logs the
SR.
An Engineer works
the SR and makes
updates to the
Clarify case.
The Engineer
works the SR to
resolution.
Support technician
closes the Clarify
~-----! case after FRB
and CrashTrack
process.
An auto notification is sent to
the customer with an update
An auto notification is sent to
the customer with an update
An auto notification is sent to
the customer with an update
Version 9-21-15
Call Flow After-Hours
customer entitled to
service?
Yes
Product supported
team?
CAD, PMDC, JAIL, LRMS, CSR ..
Call the On-Call,
Technical Support
Analyst
i
No
RMS
Follow process to
create a PO
Is
the customer
Gold Level?
No
Is the
customer
calling RMS?
And is it completely
inoperable?
Yes
Yes
Call Support
Manager and On-
Call Technical
Support Analyst
N·~-------------'
I
End Process
Motorola Solutions, Inc. PSA M&SA Exhibit B
Create a Clarify
case and submit it
14-------1 to the PRODUCT
Clarify Queue
18
Use the keyword list to
determine customer's case
severity
Version 9-2 1-15
How to Obtain Technical Support for Products
Action / Response
Step 1. Call the Motorola Solutions System Support Center 1-800-323-9949
Step 2. Select option 2 (Technical Support) · ·
Step 3. Select option 6 (Public S~ety Applications)
Step 4. $elect product specific option
Step 6. Provide Site Identification Number (See Covered Products Exhibit for your agency's
Site Identification Numbers)
Step 6. Provide Your Information· Caller Name
Step 7. Case Number Generated
Check Status
Case Assignment .
Standard Response Time
Step 8. Notification of CASE All
Activity
Notification of CASE Open/Close
Activity
Motorola Solutlons, Inc. PSA M&SA Exhibit B .
Contact Phone Number
Description of problem
Severity of system problem determined at time of Gall
Time available for call back
Email address
Caller will receive a Case number for tracking the service
request.
The caller may check the status of a Case at any time by
calling the System Support Center at 1-800-323-9949 and
following steps 2-4 above and providing the case number.
The Customer Support Representative will determine a
course of action and assign the Case to the appropriate
group.
RESPONSE See Section Ill for Severity Level definitions
Severity 1: 1.hour
Severity 2: 3 business hours
Severity 3: 6 business hours
Severity 4: 2 business days
Case Notifications are available for up to 4 persons.
Notifications are sent via pager or email when any of the
following events occur on a Case: Open, Assigned, Site
Arrival, Deferred or Closure.
To request case notifications, please contact your Support
Manager.
, Case Notifications are available for up to 4 persons.
Notifications are sent via pager or email when any of the
following events oceur on a Case: Open or Closure:
To request case notifications, please contact your Support
Manager.
19 Version 9-21-15
Option 2 -Submit a ticket via eCase Management from Motorola On-Line
Motorola On-Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case
Management that allow s customers to open, update, and view the status of their cases on the web.
Setting Up a Motorola Solutions On-Line Account
To set up a Motorola Solutions On-Line account, please visit
https://businessonline.motorolasolutions.com and follow the directions on the link for "Sign Up Now. •
A User ID and Password are not required for setting up your account. After accessing the link
above, indicate in the • Additional Information· field you are a Public Safety customer seeking access
to eCase Management. Once you submit your request, you will receive a confirmation email
indicating receipt and including additional details about the Motorola Solutions On-Line account set
up. In approximately 4-5 business days an additional email will be sent which includes details about
your On-Line account.
Accessing the Technical Case Management web site
Once you have set up your agency's Motorola On-Line Account, to access the site simply log onto
Motorola at businessonline.motorolasolutions.com with your user ID and password, click on the
Contact Us 7 Open Case, and select System Support Issue from the Issue Type drop-down.
Primary Features of On-Line Technical Case Management
Motorola customers have three main functions available through Motorola On-Line to manage their
cases:
A. Open new cases
B. Search for existing cases and view details of the existing case
C. Update existing cases by adding notes
A. Open a New Case
1. Log into Motorola Solutions On-Line
2. Click on the "Case Mgmt" 7 Open Case
• MOTOROLA SOLUTIONS
Cont1tt Lht Help Logout
-Starch r.1 L----_1111
Home
(800) 814"'601 Contact Motorola Solutions for your customer care needs.
HOME
Motorola Solutions, Inc. PSA M&SA Exhibit B 20 Version 9-21-15
3. Select the Reason Code= Technical Request (and the page will automatically reload)
Open Case
Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola
Employees.
To permanently change your email address or phone number, you must go to the Motorola Membership Site
Contact Name: PSA Customer WeblD
ContactPhone: 8008140601 -
Contact Email: PT1728@MOTOROLASOLlJTIONS,COM~ .. , ... ----..--
Reason: System Support Issue ....
Title:
System Support Please Specify Site: ....
Case Type: Please Specify ....
Severity: Please Specify ,..
System: Please Specify
Descnptlon:
4. Fill in the Case Title (description of request) and choose the applicable Site (which are
listed alphabetically)
5. Choose case type Technical Support, Severity Level and Public Safety Applications
System
6. Fill in a detailed description of your issue
7. Click "Create Case"
Open Case
Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola
Employees.
To permanently change your email address or phone number. you must go to the Motorola Membership Site
Contact Name: PSA Customer WeblD
Contact Phone: 8008140601
Contact Email: PT1728@MOTOROLASOLUTIONS,COM
Reason: System Support Issue
Title:
System Support Site: Please Specify
Case Type: Please Specify
Severity: Please Specify
System: Please Specify
Description:
Motorola Solutions, Inc. PSA M&SA Exhibit B 21
/
Create Case
Version 9-21-15
8. eCase Management will give immediate confirmation of case number (new case numbers
are 8 digits long), Note: The confirmation screen includes "expand all" and "collapse all"
buttons for case notes.
B. Search for an Existing Case
1. Log into Motorola On-Line
2. Click on the "Case Mgmt" 7 Search Case
3. Enter the ex2ct case number or enter search criteria to find a range of tickets
4. Click "Got To" or "Search"
Wekome PSA Cv,ti:,rr\ff Conttct U1t Htlp LogoU!
• MOTOROLA SOLUTIONS
Home
• Ruource Center • Training • Order Status • Uy Cam • Repair Center Account Status Seffings • c,.. l.lgmt •
, , , • Open Can
SnrchCun
(800) 114-0e01 Contact Motorola Solutions to< your customer care l!ffds.
HOME
Cue Number:
lltle:
Type:
Condition:
Go Directly to Case
Cue Number:
(Please enter the exact case number.)
AD My Cases
Open •
@ 01 Sep 2002 Iii
To
06 Mar2012 II
Enter Search Criteria
Motorola Solutions, Inc. PSA M&SA Exhibit B 22
/
-liiihi
Version 9-21-15
C. Update an Existing Case
1. You can also add notes after submitting your case, by clicking on the "Add Notes" button
I
I EE
I Ell
c-Canditiaa: Open
CIJIIHllf "Hit! TEST CUSTOMER
,:a.,, !l;ua1•: NA1 A1t~l9n,ut
-Tw•i Sylttl'II S'4'f'•~
C...05..,11:e:W•b °'""'" lb.,., Test Test W<illu
ConteC11 P•oo•: e.17 725.J002
C..at•ct fm•I: I test~.comtest
lw• ,_,,_
le-1121111D' ~!IJ9PM
l*Wff >112~1/X01 3.~gp14
----~--ewi
Case Number
~)'lie., Silo ID: IJDn13l
SWU-111 SIii name: Test Sue as an example
r. .. ~,.,...~rr
c ... Type: Nlfwo"4 MaHgcmont
1
-~•W'f(,orm=a·
PMoeSpetwty,S!'mt•MSill!'_..,-..eof
1 ... -• ..,.tolUCI rmrmM"I Add Notes I
Exi:end/Collapse
Buttons
Motorola Solutions On-Line Support
1. Motorola does not recommend using this tool for opening Severity 1 or 2 cases. For any critical
issues, customers should contact the System Support Center by calling 800-323-9949 and following
the appropriate prompts.
2. The same guidelines wou ld apply to updating cases with critical information. Any critical updates
shou ld be reported directly to Support at 800-323-9949.
3. When updating case notes, please provide contact information, which includes phone number, email,
etc.
4. For questions on Motorola On-Line eCase Management or Support, please contact the Motorola
On line Helpdesk at 800-814-0601 .
Motorola Solutions, Inc. PSA M&SA Exhibit B 23 Version 9-21-15
Requirements for effective usage:
Browser: Internet Explorer 5.0 or greater
Valid MOL user ID and Password
Motorola On-line Flow
eCase
Process
Is the
customer
entitled to
service?
Follow the
>-----Nn----j.. process to create
a PO
Yes
s the produc
supported by
Boulder or Salt
Lake City?
Boulder
Assign the case to
the "PSA Boulder
Clarify Queue"
Sall Lake City
Motorola Solutions, Inc. PSA M&SA Exhibit B
Assign the Tech
Support case to
the "PSA Salt Lake
City" Clarify Queue
The case is
assigned to the
appropriate queue.
24
To
Technical
Staff
Version 9-21-15
Option 3 -Submit a ticket via Email Case Management
An alternative Customer Support tool is available for PSA customers. Along with the toll-free phone
number and Motorola Online, customers can request technical support by email. For many customers
who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating
cases.
To ensure proper case management and contractual response, email ticketing is only available for
severity levels three and four. In order to properly process a ticket via email, the message must be
formatted exactly as described below:
1. Address your email to PSACASE@motorolasolutions.com
2. Type PSA Service Request and a brief description of the system issue in the Subject line of the
e-mail message. This will become the case title
3. Type Site ID= followed by the site identification number of the system location
4. Type Product Type= followel!I by the product family type. Choose from the following list:
• CAD (OR FRIENDS OF CAD, such as AWN, ATM, AVL and UDT)
• CSR (CUSTOMER SERVICE REQUEST)
• INFOTRAK, LRMS
• JAIL MANAGEMENT (OFFENDERTRAK)
• MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER)
• NETRMS
5. Type Contact First Name = followed by your first name or the name of the person you would like
support personnel to contact
6. Type Contact Last Name = followed by your last name or the name of the person you would like
support personnel to contact.
7. Type Phone Number= followed by the area code and phone number where the contact person
may be reached
8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or two cases
must be opened via the toll-free PSA customer support number
9. Type Problem Description = followed by a comprehensive description of the problem
10. Send the message to us. You will receive an email with your case number for future reference.
If an email response is not received, or if you need to open a severity level one or two case, please
contact the PSA Customer Support at 1 800-323-9949 for further assistance.
SAMPLE Email Ticket Formatting:
~1 ~ --------------------'--------~
~ ~---------------' ~ =======================----------------------' Subject:J,... P_SA_S_e_rvic_· e_Re_qu_e_st_N_e_tRMS--R-ep_o_rts-No-t-Fu_n_ctr __ o-ni-ng--------------~----.
Site ID number: PSA1234_(NetRMS_) (Gorify site identification number)
Product type: NetRMS (Spedfic product such as LRMS, NetRMS, PremierMDC, etc.)
Contact first name: John
Contact last name: Doe
Phone number: 303-123-4567
Severity level: Level 3 (Email ticketing is available for severity levels there and four only)
Problem description: NetRMS does not allow for the creation of manual-case reports
which is affecting the generation of daily reports (Include a comprehensive description of the
problem)
.....
•
Motorola Solutions, Inc. PSA M&SA Exhibit B 25 Version 9-21-15
Ill. Severity Levels and Case Management
Motorola services and response times are based on the severity levels of the error a customer is
experiencing as defined below. This method of response allows Motorola to prioritize its resources for
availability on our customer's more severe service needs. Severity level response time defines the
actions that will be taken by Motorola Support and Engineeri ng teams. Due to the urgency involved in
some service cases, Motorola will make every reasonable effort to provide a temporary or work around
solution (On Demand). When a permanent solution is developed and certified through testing, it will be
incorporated in to the applicable On Demand, Cumulative Update, Supplemental, or Standard Release.
SEVERITY DEFINITION RESPONSE TIME
LEVEL
Total System Failure -occurs when the System is not functioning
and there is no workaround; such as a Central Server is down or Telephone conference
1 when the workflow of an entire agency is not functioning. This level within 1 Hour of initial is meant to represent a major issue that results in an unusable voice notification System, Subsystem, Product, or critical features. No work around
or immediate solution is available.
Critical Failure -Critical process failure occurs when a crucial
element in the System that does not prohibit continuance of basic Telephone conference
operations is not functioning and there is usually no suitable work-within 3 Business Hours
2 around. Note that this may not be applicable to intermittent of initial voice notification
problems. This level is meant to represent a moderate issue that during normal business
limits a Customer's normal use of the System, Subsystem, Product hours
or major non-critical features.
Non-Critical Failure -Non-Critical part or component failure occurs Telephone conference when a System component is not functioning, but the System is still within 6 Business Hours
3 useable for its intended purpose, or there is a reasonable of initial notification workaround. This level is meant to represent a minor issue that during normal business does not preclude use of the System , Subsystem, Product, or
critical features. hours
Inconvenience - An inconvenience occurs when System causes a Telephone conference minor disruption in the way tasks are performed but does not stop
4 workflow. This level is meant to represent very minor issues, such within 2 Standard
as cosmetic issues, documentation errors, general usage questions, Business Days of initial
and product or System Update requests. notification
Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated
or determined at the time the case is logged. When escalation is required, Motorola adheres to strict
policy dictated by the level of problem severity.
Motorola Solutions, Inc. PSA M&SA Exhibit B 26 Version 9-21-15
Severity Level One Escalation
Once an issue is escalated to Engineering , the following table is used as an Engineering resolution
guideline for standard product problems.
Escalation Policy-Severity Level 1
CRITICAL ACTION RESPONSIBILITY
0 Hours Initial service request is placed. Support Analyst begins working S rt A I t
on problem and verifies / determines severity level. uppo nays
If a resolution is not identified within this timeframe, SA
2 Hours escalates to the Customer Support Manager who assigns Support Analyst
additional resources. Email notification to Director of Customer Support Manager
Support and Director of System Integration.
If a resolution is not identified within this timeframe, Customer
Support Manager escalates to the Director of Customer Support Support Manager
4 Hours and Director of System Integration to assign additional Director of Customer Support
resources. Email notification to Vice President of System Director of Systems Integration
Integration and Vice President Customer Support.
Support Manager
If a resolution is not identified within this timeframe, Director of Director of Customer Support
8 Hours Customer Support escalates to Vice President of System Director of Systems Integration
Integration, Vice President of Support, and Account Team . VP of System Integration
VP of Customer Support
If a resolution is not identified within this timeframe, Director of Senior Management
Customer Support escalates to Vice President of System Support
12 Hours Integration , Vice President of Support, and Account Team, Operations
Senior Vice President's of Operations, System Integration, Systems Integration
Customer Support and Engineering. Engineering
All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola
technical support representative, to include notification to Motorola management 24x7. All other severity
level problems logged after business hours will be dispatched the next business morning.
3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either
verbally or in writing, based upon the definitions listed above. Because of the urgency involved,
Severity Level 1 or 2 problems must be reported verbally to the Motorola call incoming center.
Motorola will notify the Customer if Motorola makes any changes in Severity Level (up or down) of
any Customer-reported problem.
3.2 Motorola will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2
issues within a reasonable time and in accordance with the assigned Severity Level when Customer
allows timely access to the System and Motorola diagnostics indicate that a Residual Error is
present in the Software. Should Customer report an error that Motorola cannot reproduce, Motorola
may enable a detail error capture/logging process to monitor the System. If Motorola is unable to
correct the reported Residual Error within a reasonable time, Motorola will escalate its proced ure
and assign such personnel or designee to correct such Residual Error promptly. Should Motorola, in
its sole discretion, determine that such Residual Error is not present in its Release, Motorola will
verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is
being used in a manner for which it was intended or designed, and (c) the Software is used only with
approved hardware or software.
3.3 Error Correction Status Report. Motorola will provide verbal status reports on Severity Level 1
and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to
System Administrator on a monthly basis.
Motorola Solutions, Inc. PSA M&SA Exhibit B 27 Version 9-21-15
\
IV. Key Responsibilities
4.1 Motorola Responsibilities
4.1.1 Support on Motorola Software. Motorola will provide any required software fixes in the
form of either a "patch" or in an On Demand, Cumulative Update, Supplemental or
Standard Release. ·
4, 1.2 Motorola Response. Motorola will provide telephone and on-site response to Central Site,
defined as the Customer's primary data processing facility, and Remote Sit~. defined as
any site outside the Central Site, as shown in the Covered Products, Support Options and
Pricing Exhibit. ·
4.1.3 Remote· installation. At Customer's request, Motorola will provide remote installation
advice or assistance for Updates."
4.1.4 Software Release Compatlblllty. At. Customer's request, Motorola will provide: (a)
current list of compatible hardware operating system releases, if applicable; and (b) a list of
Motorola Software Cumulative Updates, Supplemental, or Standard Releases.
\ 4.1.5 Customer Notifications. Motorola will provide access to (a) Field Changes; (b) Customer
Alert, Bulletins; and (c) Hardware and Firmware Updates, as released and if applicable.
· 4.1.6 On-Site Software Correction. Unless otherwise stated herein, all suspected Residual
Errors will be investigated and corrected from Motorola facilities. Motorola will decide
whether on-site correction of any Residual Error is required and will take _appropriate action. --, , I
r 4.1. 7 On-site Product Technical Support Services. Motorola will furnish labor and parts
required due to normal wear to restore the Equipment to ·good operating condition.
Customer will provide on-site hardware service or is responsible for purchasing on-going
maintenance for Third Party on-site hardware support. ·
4.1.8 Prlnclple Period of Maintenance. At Customer's request, Motor0la will provide continuous
effort to repair a reported problem beyond the PPM per the customer selected service level,
provided Customer gives Motorola access fo the Equipment before the end of the PPM,
Motorola will extend a two (2) hour grace period beyond PPM at no charge. Following this
grace period, any additional support will be invoiced on a time and material basis at·
Motorola then current rates for Professional Services.
4.1.9. Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to
Software and interfaces to those Products) Unless otherwise stated herein, compliance to
local, r county, state an<i/or federally mandc;rted changes, inGJu<;ling NCIC and state
interfaces are not part of the covered Services and will be quoted at the time of the request.
Federal and State mandated changes for IBR and UCR are included in Motorola's standard
maintenance offering.
4.1.10 Anti-virus Software. At Customer's request, Motorola will make every reasonable effort
_to test and verify specific anti-virus, anti-worm, or anti-hacker patches against a replication
of Customer's application. Motorola will respond to any reported problem as an escalated
support call.
4.1.11 Account Reviews. Upon request, Motorola will provide annual account reviews to include
(a) servi~ history of site; (b) downtime analysis; and (c) service trend analysis.
4.1.12 Reports. Service history reports and notifications are available from the Motorola call
tracking system. If you are interested in obtaining· access to service history reports and
tjcketing notifications, inquire with your Technical Support Representative.
4.1.13 Maintenance Contract Administration. Motorola's Maintenance Contracts Business . .
manages the maintenance agreement following the warranty term that may be included in
the purchase of a Motorola system.
Motorola Solutions, Inc. P&\ M&SA Exhlbit B 28 Version 9-21-15
4.2
I
Approximately four months prior to the expiration of the warranty period, a Motorola
Customer Support Manager will contact you to discuss the options available for your
specific site. The, terms of the agreement can be customized to your .agency's budgetary
requirements and cycle. Motorola offers various levels of support to meet an agency's
requirements, for example:
• Telephone, VPN support for software fixes
• Varying hours of coverage
• Third party vendor services
• On-site services
• Users Conference
• Professional Services
Customer Responslbllltles
4.2.1 Initiate Service Request Cases. Contact Motorola through authorized tools and
processes outlined in the Motorola Maintenance and Support Agreement Customer
Support Plan Exhibit to initiate technical support request case.
4.2.2 Assess Severity-Level. Assist in assessing the correct severity level per the severity
level definitions found in the Customer Support Plan Exhibit.
4.2.3 Escalate Appropriately. Contact Motorola to add information or make changes to
existing technical support cases, or escalate service requests to Motorola management
Motorola Services management contact information provided in the Customer Support
Plan Exhibit .
4.2.4 Support on Hardware. Customer will provide all on~ite hardware service or is
responsible for purchasing on-going maintenance for 3rd party on-site hardware' support.
Third party support on some system components may be available through Motorola
Maintenance and Support Agreement. Customer will contact the appropriate vendor
directly for parts · and hardware service if not purchased through the Motorola
·Maintenance and Support Agreement.
4.2.5 VPN connectivity. Provide VPN connectivity and telephone access to Motorola
personnel.
4.2.6 Anti-virus software. Run installed anti-virus software.
4.2.7 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is
responsible for any OS upgrades to the System. Before installing OS upgrades,
Customer will contact Motorola to verify that a given OS upgrade is appropriate.
4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing
your system errors, Motorola has created the Trouble Report Form (page 21).
Completion of this form by the customer is voluntary.
The Trouble Report form helps Motorola Technical Support reduce errors by Increasing
the understanding of the problem description definition. It may also Improve repair time
by understanding the probability. of repeat errors. Additionally,_ should escalation to
Motorola Engineering team be· required, information gathered ·on this form will aid by
potentially avoiding the wait associated with error raoccurrence.
' Information customers provide on the Trouble Report form will assist Motorola Support
team in expediting and troubleshooting the issue. Your assistance in providing the
information is appreciated. Once you complete the form, please e-mail or fax this form to
the Technical Support Representative assigned to work on the issue reported.
Motorola Solutions, Inc. PSA M&SA Exfilblt B . 29 Version 9-21-15
.. I
Trouble Report Form
Agency Name:
Contact Name:
Contact Phone:
Severity Level:
SubJe.ct
ProducWerslon:
Problem-
Description:
Motorola Case
Number:
·E-mall Address:
Contact Fax:
CAD Correction#:
. Please ensure ttiat the description provided is as detalled as'P9SSlble. lncfudlng·:accurate details, helps Mofoiola to. , '
~o\:,-e: jhedssue prcir1Ptly and .!!uc;cessfully .. ~ be sensttly1:i" \o the :UJ>e. of Yefb~ '.lh~t Is f!peclficJci your a~
or_ar~\i ~fttie cpufltlY, Full Ul'l~r:i!tandlng of~ facts on a ~ported lssue:f:ncreases:Motorola p-ro~blllty of locatlflQ.a
rootqaus~:!U)(j.achlevmg ~ tjmely resolution. · >· .. , · . · · · · · · · ··
. Steps to .-.~otorola unct:ersfaniis that,dupllcatlon ls.not always easy. However, ff you are,ap\e:to duJ?llcate)he Issue, proV)dlng us
Duplicate: : with the detailed keystrokes will greatly Improve our ability to correct the lssiie lf\ question. 'M18li unable to duplicate. :tJie Issue on demand,_pr'ovi9Jng us~ detailed _steps that preceded the_lsslJ0 ·report~ ~II greatly help.' . '
Step One:
Step Two:
Step Three:
Step Four.
Step Five:
Step Six:
Step Seven:
Additional Steps:
Expected
Results:
Actual
Results:
· Configuration
Checked:
~otorola Solutions, Inc. PSA M&SA Exhibit B 30 Version 9-21-15
\ , '
V. Customer Call Flow.
To Be Provided By Customer
VI. Contact Information
Motorola Contacts r·. -. . . .. .. -.--,-: -·. -.-. ---· ·:·: ;r . ... . .. · : :~ : --··-· -·---. -...
!CONTACT
. .
:• PHONE NUMBER :1
I····---------·------·-· ---------···--··-··· ----.... ----·· -·-------___ i, ____________ ----·-----····---------
Motorola Solutions System Support Center (800) 393-9949
Linda Hudson
Senior Manager, Technical Support (303) 527 -4017 -office
Ling2.Hudso!]@moto[Qlasolution!i!."2m \
Phillip Askey
Tier 2 -Technical Support Manager I (720) 565-4764 -office
P Askey@motorolasolutions.com
Jeff Dolph (303) 527-4038 -office
Tier 1 -Technical Support Manager (303) 319-8935 -mobile JeffDolph@motorolasolutions.com
Wayne Parent
Technical Support Lead -Records Applications (801) 234-9971 -mobile
Wayne.Parent@!llotorolasolutions.com ' '
Shelley Rhoads
Senior Manager, Services.Business Operations (951) 934-3285 -office
srhoads@motorolasolutions.com
Brett Seagroatt
Customer Support M~nager (615) 218-8981-mobile
Brett.Seagroatt1@m~orolasolutions.com
Customer Contacts (to be provided b't Customer)
Customer Agency Name:
Address:
City, State and Zip:
Billing Contact Name:
Phone No:
Email:
Backup System Administrator Name:
Phone No:
Email:
Service Escalations Contact Name:
Trtle:
Phone No:
Email:
Motorola Solutlons, inc. PSA M&SA Exhibit B 31 Version 9-21-15
Exhibit C
LABOR.RATES
MAINTENANCE AND SUPPORT AGREEMENT USC000028733 TERM: 4/1/2018-3/31/2019
. CUSTOMER: City of Carlsbad Pollce Department
The following are Motorola's current labor rates, subject to an annual change.
The following rates· apply to Customers with a current, active Maintenance and Support Agreem~nt
BIiiabie rates apply to services provided outside of the scope of the Maintenance and Support
A reement and outside the selected Serv(ce Level PPM:
After 5 p.m., Saturday, Sunday, Motorola Holidays $334 per hour, 2 hours minimum
The following rates apply to Customers without·a current, active Maintenance and Support Agreement
and a I to services available on a Time and Material basis:
8 ·a.m.-5 p.m. M-i= (local tlme)
After 5 p.m., Saturday, Sunday, Motorola Holidays $668 per hour, 2 hours minimum
Above rates reflect labor rate only. Additional fees for on-site travel expenses, third party expenses and /or
materials will be quoted at the time of customer request for services.
Motorola Solutions, Inc. PSA M&SA Exhibit C 32 Version 9-21-15