HomeMy WebLinkAboutItem 08 - Public Safety Radio Replacement Department Name: Admin & IT
Cost Center: 1101
For Agenda of: May 5, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Miguel Guardado, Information Technology Manager
SUBJECT: PUBLIC SAFETY PORTABLE RADIO REPLACEMENT
RECOMMENDATION
1. Waive formal bids and authorize use of Los Angeles County Master Agreement MA-IS-
1740313-1 (Attachment A) for purchase of equipment from Motorola Solutions (Attachment
B) as allowed under 3.24.060 E. of the City of San Luis Obispo Municipal Code; and
2. Adopt a Resolution (Attachment C) authorizing the City to enter into a lease purchase
agreement, substantially in the form attached, subject to approval by the City Attorney and
Finance Director; and
3. Award a contract and enter into a three-year lease-purchase agreement with Motorola Solutions
(Attachment D) in the amount of $653,014, split into three equal payments of $217,671.27 for
the purchase of Motorola portable radios, associated accessories and programming and
management software for Public Safety radios with payments beginning on June 1, 2021; and
4. Approve a transfer of $9,337 from the Information Technology Replacement Fund
Undesignated Capital Account to the Public Safety Radio Replacement Account to augment
available funding for the project (Attachment E).
DISCUSSION
Current Radio Status
This Council Agenda Report is requesting authorization to purchase new Motorola portable
radios for the Police and Fire departments. The Motorola portable radios that are currently bein g
used by City public safety personnel are 10 years old with the typical lifespan being five to seven
years depending on wear and tear. As such, staff is experiencing device failures such as not
powering on, powering off randomly during use, not transmitting or receiving traffic, jammed
knobs, and other critical failures. In addition, the current radio model has been discontinued and
replacement parts are no longer available.
Staff evaluated Tait, Motorola, Harris and Kenwood portable radios with key staff at the Police
and Fire Departments. Staff evaluated and rated public safety officer usability, functionality,
intrinsic safety, and integration with the City’s current system and cost. Motorola portable radios
were the only radios to meet all the requirements of both Public Safety departments.
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Background
The City has been using Motorola mobile and portable radios for the last 20 years. The last
refresh of City mobile and portable radios was in January of 2010. At that time staff awarded a
contract to Motorola directly. Motorola at the time was a leader in the wireless communication
space without significant competition in the public safety sector. Since 2010, IT Staff has had an
opportunity to evaluate other competitors in the Public Safety rated mobile and portable radio
sector such as Harris, Kenwood and Tait. Equivalent portable radios from each manufacturer
were evaluated by IT and Public Safety with the Motorola radio as the only radio that operated
correctly within the City’s repeater system and met all the requirements of the Public Safety
Departments.
Covid-19 – Fiscal Health Contingency Plan Evaluation of Necessity
Police and Fire provide essential public safety services for the City of San Luis Obispo. In order
to provide these services, portable radios are in use daily, 24 hours, 7 days a week. The radios are
critical to ensure public health and safety.
Policy Context
The City’s Municipal Code under policy section 3.24.060 E. allows the use of cooperative
agreements such as the LA County Master Agreement MA-IS-1740313-1.
CONCURRENCE
The City’s Finance Director and both Police and Fire Chiefs concur with the project.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2018-19 & 2019-20
Funding Identified: Yes
Funding Sources
Current FY
Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State -
Federal -
Fees -
Other: IT Replacement
Fund
$0 $0 $653,014
Total $0 $0 $653,014
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Fiscal Analysis:
Given the current health and fiscal emergency due to COVID-19, and the importance of this
purchase, City staff have negotiated a three-year lease-purchase agreement with Motorola
Solutions in order to protect the City’s cash flow. The lease-purchase agreement will allow the
City to defer payments until June 1, 2021 without interest accrual. The annual payment terms are
detailed in the lease-purchase agreement attached to this report, which illustrates three annual
payments of $217,671.27 being on June 1, 2021 and final payment on June 1, 2023.
The City applied for grants from the Assistance to Firefighters Grant Program (AFG) twice
(regional and agency specific) and was unsuccessful in both applications. There is sufficient
funding for this project from the approved Radio Replacement Capital Improvement Project with
a minor augmentation of $9,337 needed from undesignated capital within the fund. However, to
protect current cash flow during this uncertain time due to the COVID-19 health and economic
emergency, the City is entering into the three-year lease agreement with Motorola beginning
June 2021.
The Public Safety Radio Project was originally identified in the 2017-19 Financial Plan, Section
E – Capital Improvement Plan. The project was partially funded by the Local Revenue Measure
($328,949) and has a current balance of $643,677. In order to complete the purchase, $9,337 will
be needed from the IT Undesignated Capital account which has a current balance of $20,049.
The total cost of the lease agreement amounts to $653,013.81 including $16.773 in interest
payments.
Contract Award – Cooperative Purchase Authorization
The use of cooperative purchases based on master purchase agreements with other public
entities, as expressly authorized under the City’s Municipal Code, permits the City to achieve the
best price objectives of formal bidding procedures, while maximizing efficiency through
piggybacking on the best price negotiations or public bidding processes completed by other
public entities. The City will use LA County Master Agreement MA-IS-1740313-1 pricing for
all Motorola communication equipment purchases due to the competitive pricing. Thus, Staff
recommends utilizing the cooperative purchase contract for the purchase of Motorola portable
radios utilizing this contract.
ALTERNATIVES
Do not authorize the purchase of new radios. Police and Fire would continue to use their
current radios. There would be serious personnel safety and operational issues as the existing
radios continue to fail and would not be able to be repaired.
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Attachments:
a - LA County Master Agreement MA-IS-1740313
b - SLO Radio Equipment Package 2020
c - Draft Resolution
d - San Luis Obispo Lease Agreement - Purchase Packet
e - BAR Radio Replacment
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INTERNAL SERVICES DEPARTMENT ~~ PROCUREMENTFOLDER : 1326070
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MOTOROLA SOLUTIONS INC
725 S. FCGUEROA ST., STE. 1870
LOS ANGELES CA 90017
RADIO COMMUNICATIONS (MOTOROLA)
LINE
NO . COMMODITY/SERVICE DESCRIPTION
1 COMMODITY CODE: 725-45-00-028600
RADIO COMMUNICATCONS EQUCPMENT
MFG: MOTOROLA
% DCSCOUNT: SEE EXHIB[T A 2017-2020
DISCOUNT DATED JULY. I, 2017
2 COMMODITY CODE: 962-86-00-04339!
FRE[GHT
(SEE PAGE 17 OF EXHCBCT A FOR
FREIGHT/SHIPPING CHARGE DETAILS)
COUNTY OF LOS ANGELES (j
BUYER:
PHONE:
EJl,IAIL:
Priscilla Diaz
323-267-23 lS
pdiaz@isd.Jacounty.gov
VENDOR NO : 033256
CONTACT : DA VE ANDREWS
PHONE: 213-362-6704
FISCAL YEAR:
EFFECTIVE DATE: 07/01/17
EXPIRATION: 06/30/20
QUANTITY UOM PRICE TYPE
0.000 DCSCOUNT
0.000 EA ITEM
~1--~ _:_ ~-=.:l\::_
VENDOR SIGNATURE/DATE
VALUE
0.0000%
$ 0.000000
6-2.ct-q
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MARK W. AHTHONY
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SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD
CONTRACT NO: MA-IS-1740313-1 Page
2 2
TERMS & CONDITIONS OF PURCHASE FOR CONTRACT 1740313
***NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DATABASE NUMBERING
SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE
AGREEMENT NUMBER 1240419 (TERM: 2012 - 2017) WILL HAVE A NEW NUMBER
ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES
NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 1240419.
ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.***
****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO
COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH
RADIO COMMUNICATIONS AS AN ADDTIONAL FEATURE (I.E DESK
OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.****
CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH
THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. NO OTHER
CONDITIONS OR MODIFICATIONS OF THESE TERMS AND CONDITIONS WILL BE
EFFECTIVE UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE COUNTY
OF LOS ANGELES (COUNTY). FAILURE OF COUNTY TO OBJECT TO PROVISIONS
CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION
FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND
CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION.
1. TERMS OF AGREEMENT:
THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED
AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR
EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT:
A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS.
(TO BE DONE IN 12 MONTH INCREMENTS).
B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT
LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED
AGREEMENT.
C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF
EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS.
VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RATES, TERMS AND
CONDITIONS.
ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY,
AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN
NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL
THE EFFECTIVE DATE OF SUCH CANCELLATION.
2 DELIVERY: DELIVERY SHALL BE AS STATED HEREIN. WHEN USING COMMON
CARRIERS, COUNTY RESERVES THE RIGHT TO DESIGNATE THE TRANSPORTATION
CARRIER. FAILURE ON THE PART OF VENDOR TO ADHERE TO SHIPPING TERMS
SPECIFIED HEREON OR WRITTEN AGREEMENT MAY, AT COUNTY'S DISCRETION,
RESULT IN ADDITIONAL HANDLING COSTS BEING DEDUCTED FROM VENDOR'S
INVOICE. COST OF INSPECTION ON DELIVERIES OR OFFERS FOR DELIVERY
WHICH DO NOT MEET SPECIFICATIONS WILL BE FOR THE ACCOUNT OF VENDOR.
UNLESS OTHERWISE SET FORTH HEREIN, ALL ITEMS SHALL BE SUITABLE
PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING
DOCUMENTS AND CONTAINERS.
3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER
NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF.
INVOICES MUST STATE THAT THEY COVER, AS THE CASE MAY BE, COMPLETE
OR PARTIAL DELIVERY, AND MUST SHOW UNITS AND UNIT PRICES.
INVOICES WILL NOT BE PAID UNLESS AND UNTIL THE REQUIREMENTS HAVE
BEEN FULLY MET. WHEN PRICE SHOWN IS A DELIVERED PRICE, ALL
TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO
DESTINATION.
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4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID
SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE
EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN
BUSINESS AS A SELLER (IF A CA COMPANY) OR ITS RETAILER'S CERTIFICATE
OF REGISTRATION - USE TAX (IF NOT CA COMPANY). WITHOUT ONE OF THESE
NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR.
5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S
RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN
ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 17404313
IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES
SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR
PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR
CONTRACT (WHICHEVER IS GREATER).
6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT
ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER.
THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF
OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S
ACCEPTANCE OF THE ITEM OR SERVICE. VENDOR WARRANTS THAT THE ITEMS
MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION
OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR
ADMINISTRATIVE BODY.
DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE
GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL
ALL OR PART OF A PURCHASE ORDER AT NO COST AND FOR ANY REASON BY
GIVING WRITTEN NOTICE TO VENDOR AT LEAST THIRTY (30) CALENDAR DAYS
PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT EXCEEDING ONE
PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE
ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY
(30) CALENDAR DAYS PRIOR WRITTEN NOTICE.
8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES
WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF
ALIENS AND OTHERS.
8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE
PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT.
9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL
FEDERAL, STATE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS
CONCERNING HAZARDOUS MATERIALS AND TOXIC SUBSTANCES.
10 COVENANT AGAINST GRATUITIES: VENDOR WARRANTS THAT NO GRATUITIES
(IN THE FORM\OF ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR
GIVEN BY VENDOR, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY
OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A
PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY
DETERMINATION CONCERNING THE PERFORMANCE OF THE PURCHASE ORDER.
IN THE EVENT OF BREACH OF THIS WARRANTY, COUNTY SHALL BE ENTITLED
TO PURSUE THE SAME REMEDIES INCLUDING, BUT NOT LIMITED TO,
TERMINATION, AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF
VENDOR'S DEFAULT.
11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH
COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AWARD OF A
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PURCHASE ORDER OR ANY COMPETING AGREEMENT, AND NO SPOUSE OR
ECONOMIC DEPENDENT OF SUCH EMPLOYEE, SHALL BE EMPLOYED IN ANY
CAPACITY BY VENDOR, OR HAVE ANY OTHER DIRECT OR INDIRECT FINANCIAL
INTEREST IN THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR,
WHO MAY FINANCIALLY BENEFIT FROM THE AWARD OF A PURCHASE ORDER SHALL
IN ANY WAY PARTICIPATE IN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN
ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S APPROVAL OR ONGOING
EVALUATION.
11A--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS,
ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED
DURING THE TERM OF THE PURCHASE ORDER. VENDOR WARRANTS THAT IT IS
NOT AWARE OF ANY FACTS WHICH CREATE A CONFLICT OF INTEREST. IF
VENDOR HEREAFTER BECOMES AWARE OF ANY FACTS WHICH MIGHT REASONABLY
BE EXPECTED TO CREATE A CONFLICT OF INTEREST, IT SHALL IMMEDIATELY
MAKE FULL WRITTEN DISCLOSURE OF SUCH FACTS TO COUNTY. FULL WRITTEN
DISCLOSURE SHALL INCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF
ALL PERSONS IMPLICATED AND A COMPLETE DESCRIPTION OF ALL RELEVANT
CIRCUMSTANCES.
12 GOVERNING LAW AND VENUE: THIS PURCHASE ORDER SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA. VENDOR AGREES AND CONSENTS TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR ALL
PURPOSES REGARDING THIS PURCHASE ORDER, AND FURTHER AGREES AND
CONSENTS THAT VENUE OF ANY ACTION HEREUNDER SHALL BE EXCLUSIVELY
IN THE COUNTY OF LOS ANGELES, CALIFORNIA.
13 INDEMNIFICATION: VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND
ALL LIABILITY, EXPENSE, INCLUDING DEFENSE COSTS AND LEGAL FEES, AND
CLAIMS FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM OR CONNECTED
WITH ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR ASSOCIATED WITH VENDOR'S
NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED
HEREUNDER.
IF AN INFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE
PROCURE FOR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT, REPLACE
OR MODIFY IT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING
FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH
EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN.
THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY
ACCEPTED ACCOUNTING STANDARDS FOR SUCH EQUIPMENT AND SOFTWARE.
VENDOR WILL HAVE NO DUTY TO DEFEND OR INDEMNIFY FOR ANY INFRINGEMENT
CLAIM THAT IS BASED UPON (I) THE COMBINATION OF THE EQUIPMENT OR
VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT
FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE
NOT FURNISHED BY MOTOROLA AND THAT IS ATTACHED TO OR USED IN
CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT
THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE
VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY
COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT
IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOING STATES
THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS
AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS
THEREOF.
THIS INDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY
REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR
COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE.
14 LIABILITY INSURANCE:
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THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE
RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH
LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU,
REPLACEMENT IS TO BE MADE BY SUPPLIER WITHIN TIME QUOTED FOR
ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED
SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF
NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE
EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE
COUNTY.
THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY
CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR
DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, OR
OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER
LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH
LOSSES OR DAMAGES ARE CLAIMED.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL,
REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS
AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE
PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS
LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF
THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE
RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE
BROUGHT WITHIN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW.
15 INSURANCE COVERAGE REQUIREMENTS;
GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01
OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
GENERAL AGGREGATE: $5 MILLION
PERSONAL AND ADVERTISING INJURY: $1 MILLION
EACH OCCURENCE: $5 MILLION
16 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE
PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE
LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND
FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES
WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE
WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE
AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER
FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE.
IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS'
LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING:
EACH ACCIDENT: $1 MILLION
DISEASE - POLICY LIMIT: $1 MILLION
DISEASE - EACH EMPLOYEE: $1 MILLION
17 INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR LOS ANGELES COUNTY SERVICE AGREEMENTS
INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS,
EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY,
INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS,
AND EXPENSES (INCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING
FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING
FROM AND/OR RELATING TO THIS AGREEMENT.
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GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S
INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT,
CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS
SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE
SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO
ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS
MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND
MAINTAINED BY CONTRACTOR'S OWN EXPENSE.
CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED
ENDORSEMENT
FOR COMPLETED OPERATIONS.
EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE
SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT
DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT.
THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS
SATISFACTORY EVIDENCE OF INSURANCE.
THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT.
CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:
ATTN:
PRISCILLA DIAZ
MA-IS-1740313
COUNTY OF LOS ANGELES - ISD
1100 NORTH EASTERN AVENUE RM # G115
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(1) SPECIFICALLY IDENTIFY THIS AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN THIS AGREEMENT.
(3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN
WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF
CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF
INSURANCE.
(4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE
COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING THE COUNTY OF LOS ANGELES
ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS
ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE
PROVISIONS OF THE
BLANKET ADDITIONAL INSURED ENDORSEMENT.
(5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED
RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS
SUFFICIENT TO
COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO
CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE
OF THE
KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT.
18 INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN
INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING
OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY.
FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE
REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE
ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE
CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS
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AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM
CONTRACTOR RESULTING FROM SAID BREACH.
NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL
REPORT TO COUNTY:
(1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER
THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY
RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR
COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF
OCCURRENCE.
(2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR
ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS
AGREEMENT.
(3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY
PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE
INJURY REPORT" TO THE COUNTY CONTRACT MANAGER.
(4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY
KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED
TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT.
COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO
COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF
THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO
COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED
BY COUNTY.
INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR
SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORMING SERVICES UNDER
THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY
EITHER:
(1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE
ACTIVITIES OF SUB-CONTRACTORS, OR
(2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS
EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE
COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE
OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME.
19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES
NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE
DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE
DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH
CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY.
SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE
DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND
VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS,
DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES.
20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR
IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT
AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND
THE APPLICATION OF SUCH PROVISIONS TO THE OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY. THE RIGHTS AND
REMEDIES PROVIDED HEREIN SHALL NOT BE EXCLUSIVE AND ARE IN
ADDITION TO ANY OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY.
20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER
CONTRACT 1740313, CONTRACTOR CERTIFIES AND AGREES THAT ALL PERSONS
EMPLOYED BY IT, ITS AFFILIATES, SUBSIDIARIES, OR HOLDING COMPANIES ARE
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AND WILL BE TREATED EQUALLY BY IT WITHOUT REGARD TO OR BECAUSE OF
RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX AND IN
COMPLIANCE WITH ALL ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF
AMERICA AND THE STATE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES
THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS WITHOUT
REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN,
DISABILITY OR SEX. VENDOR SHALL ALLOW THE COUNTY ACCESS TO ITS
EMPLOYMENT RECORDS DURING THE REGULAR BUSINESS HOURS TO VERIFY
COMPLIANCE WITH THESE PROVISIONS WHEN SO REQUESTED BY THE COUNTY.
IF THE COUNTY FINDS THAT ANY OF THE ABOVE PROVISIONS HAVE BEEN
VIOLATED, THE SAME SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT
40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE
TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT.
THE PARTIES AGREE THAT IN THE EVENT THE VENDOR VIOLATES THE
ANTI-DISCRIMINATION PROVISIONS OF THE PURCHASE ORDER, THE COUNTY
SHALL, AT ITS OPTION AND IN LIEU OF TERMINATION OR SUSPENDING THIS
PURCHASE ORDER AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES,
PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN
PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS.
21 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL
APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND
REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS,
OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY,
COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES
RESULTING FROM FAILURE OF COMPLIANCE.
22 FORCE MAJURE: NEITHER PARTY WILL BE LIABLE FOR DELAYS IN
PERFORMANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT
LIMITED TO, FIRE, FLOOD, ACT OF GOD OR RESTRICTION OF CIVIL OR
MILITARY AUTHORITY.
23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR
DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S
PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION
WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL
CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH
COUNTY MAY IMMEDIATELY TERMINATE THE PURCHASE ORDER IN ACCORDANCE
WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT.
COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD.
24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS
ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF
NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON.
COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER
AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT.
25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE
CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR.
26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED
27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR
MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR
COVENANT OF THIS PURCHASE ORDER OR TO EXERCISE ANY RIGHT HEREUNDER
SHALL NOT BE CONSTRUED AS A WAIVER OF THE FUTURE PERFORMANCE OF ANY
SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT
TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO
WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED
BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER.
28 ACCEPTANCE: UNLESS EXPLICITLY STATED BY COUNTY AS OTHERWISE,
COUNTY, MAY CONDUCT, AT ITS LOCATION OR ANY OTHER COUNTY DESIGNATED
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LOCATION AND AT ITS EXPENSE, AN INCOMING ACCEPTANCE TEST ON ALL ITEMS
PURCHASED HEREUNDER. THE ACCEPTANCE TEST PERIOD SHALL NOT EXCEED
THIRTY (30) DAYS FROM RECEIPT OF SUCH ITEM(S) BY COUNTY. COUNTY MAY,
AT ITS SOLE DISCRETION, REJECT ALL OR ANY PART OF ITEMS OR SERVICES
NOT CONFORMING TO THE REQUIREMENTS/SPECIFICATIONS STATED IN A PURCHASE
ORDER.
29 SPARE PARTS: VENDOR SHALL MAKE SPARE PARTS AVAILABLE TO COUNTY
FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY OF THE
ITEMS TO COUNTY. IF VENDOR IS UNABLE TO SO PROVIDE SPARE PARTS,
IT SHALL PROVIDE COUNTY WITH THE NAME(S) OF VENDOR'S SUPPLIERS SO
THAT COUNTY MAY ATTEMPT TO PROCURE SUCH UNAVAILABILITY, VENDOR
SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN
OBTAINING SPARE PARTS.
30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT AND ANY
ATTACHMENTS HERETO, CONSTITUTES THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE PARTIES WHICH SUPERSEDES ALL PREVIOUS AGREEMENTS,
WRITTEN OR ORAL, AND ALL COMMUNICATIONS BETWEEN THE PARTIES
RELATING TO THE SUBJECT MATTER HEREOF. THIS PURCHASE ORDER SHALL
NOT BE MODIFIED, SUPPLEMENTED, QUALIFIED OR INTERPRETED BY ANY
PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ANY USAGE OF
TRADE. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH
IN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER
DESIGNEE.
30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE
ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND
IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT,
PURCHASE ORDER AND HEREIN.
31 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING
IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS
NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE
RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE
OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND
AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES
OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER.
32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE
FACE HEREOF.
32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE:
VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND
CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY
AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO
CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE.
33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY
LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.010,
RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST
ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART
OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY
VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL
CONSTITUTE A MATERIAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT
UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THE PURCHASE
ORDER AND/OR AGREEMENT.
33A---CONSIDERATION OF HIRING GAIN PROGRAM PARTICIPANTS: SHOULD THE
VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE
DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION
FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF
THE PUBLIC SOCIAL SERVICES GREATER AVENUE FOR INDEPENDENCE (GAIN)
PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN
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POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR
WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN
PARTICIPANTS BY JOB CATEGORY TO VENDOR.
34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN
NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO
PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CONSIDERATION IN ANY
FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN
INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE
INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT
WITH RESPECT TO THE AWARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT
OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR 'S
PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH
TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES
AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR.
CONTRACTOR SHALL IMMEDIATELY REPORT ANY ATTEMPT BY A COUNTY OFFICER OR
EMPLOYEE TO SOLICIT SUCH IMPROPER CONSIDERATION. THE REPORT SHALL BE
MADE EITHER TO THE COUNTY MANAGER CHARGED WITH THE SUPERVISION OF THE
EMPLOYEE OR TO THE COUNTY AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE
AT 213.974.0914 OR 800.544.6861. IMPROPER CONSIDERATION MAY TAKE THE
FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION
OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE
PROMISE OF ANY OF THESE.
35 PARTICIPATING PUBLIC AGENCIES
COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN
CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL
DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION,
AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE
PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS
AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING
ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE.
THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER,
REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER.
PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING
OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES
AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A
PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH
PROCURING PARTY.
THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY
ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE
THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH
ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY
AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE
OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER
SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY.
THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY
MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY
OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT.
EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS
LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-1740313
AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY
ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE
PROVISIONS OF THIS MPA (EXCEPT FOR PRICING, DELIVERY, PASSAGE OF TITLE AND
RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS)
WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED
BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT
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WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND
PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE.
36 FREIGHT/SHIPPING CHARGES:
1) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES
DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE.
2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL
BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PRICE
QUOTE.
3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY
SHALL BE AT COUNTY EXPENSE.
37 PRICING AS PER ATTACHED:
1. EXHIBIT A _ 2017-2020 DATED JULY 1, 2017
38 WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM
CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL
INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH
CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND
UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON
COUNTY AND ITS TAXPAYERS.
UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS
AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND
DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES
COUNTY CODE CHAPTER 2.206.
39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS
DEFAULTED PROPERTY TAX REDUCTION PROGRAM
FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN
PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX
REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT
LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION
OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF
NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR
PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206.
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The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or
districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided
herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California
under the constitution and laws of this state and are to be so construed.
PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a
price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and
deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at
prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles.
ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a
purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices,
specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and
in accordance with properly authorized changes agreed upon prior to consummation.
Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph.
Vendor will incur payment problems.
County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less
than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards.
Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in
jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action
measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County
may terminate this agreement or impose other penaltiesas specified in this agreement.
CONTRACTOR RESPONSIBILITY AND DEBARMENT
1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity
and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors.
2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information
concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the
County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a
specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County.
3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the
following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the
Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or
practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business
honesty, or (4) made or submitted a false claim against the County or any other public entity.
4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the
evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing
before the Contractor Hearing Board.
5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/
or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor
Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be
debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit
evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal.
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6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented
to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and
recommendation of the Hearing Board.
PROHIBITION AGAINST USE OF CHILD LABOR
1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in
violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age
for Employment.
2. Upon request by COUNTY, identify the country/countries of origin of any products. goods, supplies or other personal property
bidder sells or supplies to COUNTY, and
VENDOR shall:
7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors.
3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor
conventions.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY
are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant
source of supply.
Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order
or termination of this Agreement and award to an alternative vendor.
A. Jury Service Program.
This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service
Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code.
Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY
are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant
source of supply.
B. Written Employee Jury Service policy.
1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the
Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service
Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its
Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This
policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct
from the Employee's regular pay the fees received for jury service.
2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the
County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12-
month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time
employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a
recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the
County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall
be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement.
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3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a
continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall
immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if
Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written
policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale
discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury
service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program.
4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such
material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County
contracts for a period of time consistent with the seriousness of the breach.
PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS
Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase
Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract
services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts.
Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County
Purchasing Agent.
ASSIGNMENT BY CONTRACTOR
A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the
prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and
void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally
approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the
Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county.
B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves
of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected
in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the
majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior
written consent of County in accordance with applicable provisions of this Agreement.
C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or
performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or
any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall
be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County
shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
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EXHIBIT A
MA-IS-1740313 CONTRACT AGREEMENT PRICING
2017-2020
MOTOROLA COMMUNICATIONS EQUIPMENT & SERVICES
Motorola products & services discount percentages is listed below
Pricing for products & services listed below is located in Motorola
Product Catalog (ECAT)
Pricing shall be in accordance with Motorola Product Catalog (ECAT) and
any subsequent revisions and updates
New Products released between contract renewals will be offered to the
County with prevailing discounts. Motorola will revise Exhibit A to
included the new products
MOTOROLA PRODUCTS 2017- 2020
DISCOUNT
APX Personnel Accountability
APX Personnel Accountability Information
ASTRO 25 Infrastructure and Systems
Master Site 14.00%
Master Site ASTRO 7.5 Upgrade Add-On 14.00%
Master Site ASTRO 7.6 Upgrade Add-On 14.00%
Master Site ASTRO 7.7 Upgrade Add-On 14.00%
Master Site ASTRO 7.8 Upgrade Add-On 14.00%
Master Site ASTRO 7.9 Upgrade Add-On 14.00%
Master Site ASTRO 7.11 14.00%
Master Site ASTRO 7.11 Upgrade Add-On 14.00%
Master Site ASTRO 7.13 14.00%
Master Site ASTRO 7.13 Upgrade Add-On 14.00%
Master Site ASTRO 7.14 New 14.00%
Master Site ASTRO 7.14 Upg/Add 14.00%
Master Site ASTRO 7.15 New Add-On 14.00%
Master Site ASTRO 7.15 Upgrade 14.00%
ASTRO 25 Conventional K1/K2 14.00%
ASTRO 25 Conventional K1/K2 7.13 Core 14.00%
ASTRO 25 Conventional K1/K2 7.13 Upgrade Add-On 14.00%
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ASTRO 25 Conventional K1/K2 A7.14 Core 14.00%
ASTRO 25 Conventional K1/K2 A7.14 Upgrade Add-On 14.00%
ASTRO 25 Conventional 7.15 K-Core 14.00%
ASTRO 25 Conventional A7.15 K- Core Upgrade Add-On 14.00%
ASTRO 25 Trunking L1/L2 Core 14.00%
ASTRO 25 Trunking L1/L2 7.13 Core 14.00%
ASTRO 25 Trunking L1/L2 7.13 Upgrade Add-On 14.00%
ASTRO 25 Trunking L1/L2 7.14 Core 14.00%
ASTRO 25 Trunking L1/L2 7.14 Upgrade Add-On 14.00%
ASTRO 25 Trunking 7.15 L-Core 14.00%
ASTRO 25 Trunking 7.15 L-Core Upgrade Add-On 14.00%
Packet Data Gateway 14.00%
Packet Data Gateway (Rackmount-server based) 14.00%
Packet Data Gateway (HPD) 14.00%
High Performance Data Packet Data Gateway 14.00%
Enhanced Telephone Interconnect 14.00%
Network Fault Management 14.00%
GenWatch3 ATIA Based Solutions 14.00%
Remote Site
Site Controllers
MTC 9600 14.00%
PSC 9600 14.00%
GCP 8000 18.00%
GCP 8000 Software Upgrades 20.00%
Comparators
GCM 8000 15.00%
DIGITAC 15.00%
Base Stations / Repeaters
GTR 8000 Expandable Site Subsystem 20.00%
GTR 8000 Base Radio 20.00%
GTR 8000 Site Subsystem 20.00%
GTR 8000 Expandable Site Subsystem Chan Addition 20.00%
GTR 8000 Software Upgrades 20.00%
G-SERIES Hardware Upgrades 20.00%
QUANTAR 25.00%
QUANTAR High Power Boost Amplifier 25.00%
QUANTAR 6809 Trunking 25.00%
QUANTAR Intellirepeater Trunking 25.00%
QUANTAR Conventional Operations 25.00%
QUANTAR Cabinet and Rack Options 25.00%
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QUANTAR General Options 25.00%
QUANTAR Kits and Accessories 25.00%
Receivers
GPW 8000 25.00%
ASTRO-TAC Receiver 25.00%
SmartX
Networking and Transport
Network Security ASTRO 7x Systems 15.00%
Switching and Routing Center 15.00%
Network Products LAN Switches / HUBS Models 15.00%
Network Products Routers / Gateways 15.00%
Network Products Terminal Servers 15.00%
Secure Solutions
ASTRO Digital Interface Unit (DIU) 14.00%
ASTRO DIU FLASHport Upgrade 14.00%
ASTRO DIU CM FLASHport UCM Upgrade 14.00%
ASTRO DIU Encryption Refurbished 14.00%
ASTRO DIU 3000 Refurbished 14.00%
Key Management Facility (KMF)
KMF (Integrated Trunking & Conventional) 14.00%
KMF Crypto Card FLASHport Upgrades 14.00%
KMF Small Fleet 14.00%
ASTRO 25 PDEG Encryption Unit 14.00%
CAI Data Encryption Module (CDEM) 14.00%
CRYTPR 2 Broadband IP Encryption Unit 14.00%
AME2000 14.00%
MGEG Crypto Card 14.00%
MVPN for APX 14.00%
Interoperability Solutions
ISSI.1 Network Gateway 5.00%
MOTOBRIDGE IP Interoperable Solution 15.00%
Data Applications
Location Solutions
ASTRO 25 Outdoor Location Solution Overview 5.00%
ASTRO 25 GPS Units 5.00%
ASTRO 25 Location APIs 5.00%
Tx Messenger 15.00%
Data Devices
HPD 1000 Modem 5.00%
HPD 1000 Modem Upgrade 5.00%
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Site Equipment
RF Distribution Best Practices 0.00%
Battery Reverting Charger 10.00%
DC Power Systems 10.00%
Surge Protection Devices (SPDs) 10.00%
UPS 10.00%
Zetron Model 30 Worldpatch 10.00%
Antennas
Low Band PIM VHF 10.00%
Low Band PIM UHF 10.00%
800 MHz Low PIM 10.00%
Low Band 10.00%
VHF 10.00%
UHF 10.00%
700 MHz 10.00%
800 MHz 10.00%
900 MHz 10.00%
Circulators and Isolators
UHF 10.00%
Duplexers
VHF 10.00%
UHF 10.00%
800 MHz 10.00%
900 MHz 10.00%
Filters
800 MHz 10.00%
Receiver Multicouplers
VHF 10.00%
UHF 10.00%
800 MHz 10.00%
Transmitters and Combiners
VHF 10.00%
UHF 10.00%
700 MHz 10.00%
800 MHz 10.00%
Transmission Lines
Super Flex/Low Density Foam
1/2" Super Flex 10.00%
1/4" Super Flex 10.00%
3/8" LDF Foam Kits 10.00%
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1/2" LDF Foam Kits 10.00%
5/8" LDF Foam Kits 10.00%
7/8" AVA 10.00%
1-1/4 AVA 10.00%
1-5/8" Copper AVA Cable 10.00%
Aluminum Coaxial Cable
7/8" FXL Aluminum Cable 10.00%
1-5/8" FXL Aluminum Cable 10.00%
7/8" Aluminum 10.00%
1-5/8" Aluminum 10.00%
VXL Flexible Cables
7/8" Extra Flexible Coaxial Cable 10.00%
1-5/8" Extra Flexible Coaxial Cable 10.00%
1-1/4" Extra Flexible Coaxial Cable 10.00%
AirCell Cables
1/2" Transline Cable 10.00%
7/8" Transline Cable 10.00%
1-1/4" Transline Cable 10.00%
1-5/8" Transline Cable 10.00%
1/2" Radiating Cable 10.00%
7/8" Radiating Cable 10.00%
1-1/4" Radiating Cable 10.00%
1-5/8" Radiating Cable 10.00%
Conventional Simulcast Controller 20.00%
Rapid Deployment Infrastructure 15.00%
Advanced Messaging Solution
A1, A2, A3 Configurations 5.00%
Battery Monitoring 10.00%
Comparators
GCM 8000 Comparator 20.00%
ASTRO-TAC 3000 Comparator 20.00%
ASTRO-TAC 9600 Comparator 25.00%
DIGITAC Comparator 15.00%
MLC 8000 Comparator 20.00%
Data Applications & Video Solutions
MVX1000 In-Car Digital Video System
MVX1000 In-Car Digital Video System 0.00%
MVX1000 Digital Multimedia Mgmt System (DMMS) 0.00%
VIEVU LE3 On Body Camera 5.00%
Digital Patroller 2 (DP-2)
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DP-2 In-Car Products 0.00%
DP-2 Video Management System (Server) 0.00%
Automatic License Plate Recognition 5.00%
ALT1000 ALPR SURVEILLANCE TRAILER 5.00%
Fixed Automatic License Plate Recognition 5.00%
Intelligent Data Portal 5.00%
Optimized Video Security
Optimized Video Security Portfolio 0.00%
Mesh Camera Solutions 0.00%
Public Safety Applications 0.00%
RadioIP 0.00%
RIC 0.00%
Real Time Video Intelligence (RTVI) 0.00%
Real Time Crime Center (RTCC) 0.00%
Tx Messenger 0.00%
Data Devices
Rugged Mobile Computing Devices (ML and MW)
MW810 Mobile Workstation R2.0 (F5218) 0.00%
MW810 Mobile Workstation (F5208) 0.00%
ML910 Rugged Notebook Computer (Core Duo 1.66 GHz) 0.00%
Vehicular Radio Modem (VRM)
Vehicular Radio Modem 850 0.00%
Dispatch Solutions
Dispatch Computer Hardware 15.00%
Logging Solutions
Dual Instant Recall Recorder 5.00%
MCC 7500 IP Logging Recorder Products 5.00%
NICE Inform 5.00%
HDL Plus 5.00%
NICE NRX 5.00%
Verint Recording Solutions 15.00%
MC Series Desktop Controllers 15.00%
MCC 5500 Dispatch Console 10.00%
MCD 5000 Deskset System 20.00%
MIP 5000 IP Dispatch Console 20.00%
MKM 7000 Console Alias Manager 15.00%
Monitoring and Control Network 10.00%
Motorola MCC 7100 Dispatch Position 15.00%
Motorola MCC 7500 Products
MCC Series Accessories 15.00%
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MCC 7500 Dispatch Consoles 15.00%
MCC 7500 Archiving Interface Servers 15.00%
MCC 7500 IP Logging Recorder Products 10.00%
MCC 7500 Conventional Channel Items 15.00%
MCC 7500 Aux I/O Items 10.00%
Servers, Workstations, OS and Ancillary Items
Digital Conventional Systems
IP Based Digital Conventional Systems 15.00%
Encoders
Information Only
Enterprise Applications
Information Only
Fire Station Alerting
FSA4000 15.00%
MACH Alert 15.00%
Fireground Solutions
Information Only
800MHz Simplex Operation - Frequency Translator 10.00%
Fixed Data Products
Fixed Data General Information
IRM 1500 5.00%
ACE 1000 RTU 5.00%
ACE 3600 RTU 5.00%
ACE Product Licenses 5.00%
MOSCAD RTU 15.00%
MOSCAD-L RTU 0.00%
MOSCAD-M RTU 0.00%
MOSCAD Toolbox 18.00%
IP Gateways & M-OPC 18.00%
Network Fault Management 18.00%
MDS Data Radios 15.00%
Fixed Network Equipment
Motorola Wireless Communication Sfwr II (MWCS II) 15.00%
MOTOBRIDGE IP Interoperable Solution 15.00%
MOTOMESH Quattro 0.00%
MOTOMESH Extension 0.00%
MOTOMESH Duo 0.00%
MOTOMESH Solo 0.00%
Private Data Systems Software Subscriptions 0.00%
Wireless Network Gateway - Rackmount Server-Based 15.00%
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High Performance Data Packet Data Gateway 15.00%
WDE1000 2.4/4.9 802.11 PCMCIA Card 0.00%
Fixed Stations
CDR700/CDR500 Repeaters
QUANTAR
ASTRO-TAC Receiver25 25.00%
QUANTAR 25.00%
6809 Trunking 25.00%
Conventional Operations 25.00%
Cabinets and Racks Options 25.00%
General Options 25.00%
INTELLIREPEATER Trunking 25.00%
Kits and Accessories Options 25.00%
MTR2000 MOTOTRBO UPGRADE 25.00%
MTR3000 25.00%
GTR 8000 Expandable Site Subsystem 20.00%
GTR 8000 Base Radio 20.00%
GTR 8000 Site Subsystem 20.00%
GTR 8000 AND GCP 8000 SOFTWARE UPGRADE 20.00%
GTR 8000 EXPANDABLE SITE SUBSYSTEM CHAN ADDITION 20.00%
G-series Hardware Upgrades
Fixed Station Antenna Systems
Single Side Band
Single Side Band Antennas 10.00%
Transmission Lines
Super Flex/Low Density Foam
Transmission Line Info 10.00%
1/4" Super Flex 10.00%
1/2" Super Flex 10.00%
3/8" LDF Foam Kits 10.00%
1/2" LDF Foam Kits 10.00%
5/8" LDF Foam Kits 10.00%
7/8" AVA 10.00%
1-1/4 AVA 10.00%
1-5/8 AVA 10.00%
ALUMINUM COAXIAL CABLE
7/8" FXL Aluminum Cable 10.00%
1-5/8" FXL Aluminum Cable 10.00%
7/8 ALUMINUM 10.00%
1 5/8 ALUMINUM 10.00%
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VXL FLEXIBLE CABLES 10.00%
7/8" Extra Flexible Coaxial Cable 10.00%
1-5/8" Extra Flexible Coaxial Cable 10.00%
1-1/4" Extra Flexible Coaxial Cable 10.00%
AirCell Cables
1/2" Transline Cable 10.00%
7/8" Transline Cable 10.00%
1-1/4" Transline Cable 10.00%
1-5/8" Transline Cable 10.00%
1/2" Radiating Cable 10.00%
7/8" Radiating Cable 10.00%
1-1/4" Radiating Cable 10.00%
1-5/8" Radiating Cable 10.00%
Fixed Wireless (Broadband)
RF Design Software
EnterprisePlanner 0.00%
SiteScanner 0.00%
LANPlanner 0.00%
MeshPlanner 0.00%
Private Broadband Networks 0.00%
One Point Wireless 0.00%
PTP (Point to Point) 0.00%
RAD Data Products 0.00%
PMP (Point to Multipoint) 0.00%
Wireless LAN 15.00%
Location Solutions
TRX Indoor Location 15.00%
ASTRO 25 Outdoor Location Solution Overview 15.00%
ASTRO 25 GPS Units 15.00%
ASTRO 25 Location APIs 15.00%
Military
APX7000L LTE 25.00%
SRX 2200 UHFR1 0.00%
SRX 2200 VHF 0.00%
SRX 2200 700/800 0.00%
Mobile Stations
Professional Commercial Radio (PCR) Information (Pricing in MOL)
MOTOTRBO™ Mobiles
XPR™ 2500 10.00%
XPR™ 4350 10.00%
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XPR™ 4550 10.00%
XPR™ 4580 SmartNet/Privacy Plus 10.00%
XPR™ 4380/4580 Digital 10.00%
XPR™ 5350/5380 10.00%
XPR™ 5550/5580 10.00%
XPR™ 8380/8400 10.00%
MOTOTRBO Mobile Accessories 10.00%
ASTRO Digital APX 8500 Mobile Radios
APX8500 Mobile Radio 27.00%
APX8500 Consolette
ASTRO Digital APX 7500 Mobile Radios
APX7500 Mobile Radio 27.00%
APX 7500 Consolette 27.00%
ASTRO Digital APX 6500 Mobile Radios
APX 6500 Mobile Radio 27.00%
APX 6500Li
APX 6500Li 27.00%
APX 4500
APX 4500 27.00%
APX Retrofit Kits
APX1500
APX1500 27.00%
DIGITAL VEHICULAR REPEATER
DIGITAL VEHICULAR REPEATER UHF 15.00%
DIGITAL VEHICULAR REPEATER 800 15.00%
DIGITAL VEHICULAR REPEATER 700 15.00%
DIGITAL VEHICULAR REPEATER VHF 15.00%
VRX1000 - VEHICLE RADIO EXTENDER 15.00%
PCRM
PM1500
VHF Models 10.00%
UHF Models 10.00%
CPS Programming Cables Information
Interoperability Solutions
ISSI.1 Network Gateway 5.00%
ISSI 8000 / CSSI 8000 Network Gateway 5.00%
Motobridge 15.00%
WAVE 5000 5.00%
00.00%
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Mobile Accessories
Mini Mag Antennas 20.00%
Parts Antennas 20.00%
Network Security (IA)
Network Security-IA (7.14 and prior) 15.00%
Network Security-IA (7.15 and beyond) 15.00%
Networking Products
Switching and Routing Center (7.13 and beyond) 15.00%
Modems and Modem Cards 15.00%
Network Products Routers/Gateways 15.00%
Network Products Channel Banks 15.00%
Network Products Digital Cross Connect Switches 15.00%
Network Products LAN Switches / HUBS Models 15.00%
Network Products Terminal Servers 0.00%
Network Products Time and Frequency 0.00%
Network Products WAN Switches 15.00%
PCR Paging
Professional Commercial Radio (PCR) Information (Pricing in MOL)
Minitor VI 10.00%
PassPort and LTR Infrastucture
TRIDENT Information
Programming over P25 (POP25)
POP25 information
Public Safety LTE
User Equipment (UE)
USB Modem 15.00%
VSM - Vehicular Subscriber Modem 15.00%
LEX-L10G 5.00%
LTE SIM Card 15.00%
LTE VML750 15.00%
LEX-F10 15.00%
LEX-L11 15.00%
Networking & Transport
EPC DNS/DHCP Appliance/NTP Server 5.00%
eNodeB L2 Switch (AC/DC Power) 5.00%
PTT L2/L3 Switch (AC Power) 5.00%
L2/L3 Aggregation Switch/Router (copper) 5.00%
Core MLX-4E 5.00%
L2/L3 Aggregation Switch/Router (fiber) 5.00%
L2/L3 Remote EPG Switch (fiber) 5.00%
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L2/L3 Remote EPG Switch (copper) 5.00%
Core CES2048X 5.00%
Security
Firewall Manager 5.00%
Core / EPC Firewall 5.00%
Agency and Regional Applications Firewall 5.00%
MSI Mobile VPN 14.00%
Mobile Virtual Private Network - MVPN 5.00%
Radio Access Network
Site Ancillary 5.00%
Antenna System 5.00%
eNodeB Band Class 14 5.00%
eNodeB Band Class 20 5.00%
RF Site Battery Backup System 5.00%
eNodeB Band Class 28 5.00%
Enhanced Packet Core
Converged Packet Gateway – CPG 5.00%
Subscriber & Policy Manager – SPM 5.00%
Mobility Management Equipment - MME 5.00%
Home Subscriber Service (HSS) 5.00%
Evolved Packet Gateway (EPG) 5.00%
Diameter Routing Agent – DRA 5.00%
Policy and Charging Rules Function - PCRF 5.00%
Operations & Maintenance 5.00%
Device Management Solutions 5.00%
Operations Support Platform 5.00%
Operations Support System for Radio & Core-OSSRC 5.00%
Application
Real Time Video Intelligence – RTVI 0.00%
Priority Management – PM 0.00%
Emergency Button / Quick Action Button 0.00%
Location Services 0.00%
Presence Services 0.00%
Radio Services / Radio Remote Control 0.00%
Public Safety PTT
Public Safety Push To Talk (PTT) 0.00%
Public Safety Push To Talk - PTT Server 0.00%
Public Safety LTE PTT Gateway 0.00%
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Portable Radiophones
Professional Commercial Radio (PCR) Information (Pricing in MOL)
MOTOTRBO™ Portables
XPR™ 3300 10.00%
XPR™ 3500 10.00%
XPR™ 6350 10.00%
XPR™ 6550 10.00%
XPR™ 6380/6580 SmartNet/Privacy Plus 10.00%
XPR™ 6380/6580 Digital 10.00%
XPR™ 7350/7380 10.00%
XPR™ 7550/7580 10.00%
SL 7550/7580/7590 10.00%
MOTOTRBO Portable Accessories 10.00%
APX 8000
APX 8000 27.00%
APX 8000 Accessories 20.00%
APX 8000XE
APX 8000XE 27.00%
APX 8000XE Accessories 20.00%
APX 7000
APX 7000 27.00%
APX 7000 Accessories 20.00%
APX 7000XE
APX 7000XE 27.00%
APX 7000XE Accessories 20.00%
APX 6000
APX 6000 700/800 MHz 27.00%
APX 6000 VHF 27.00%
APX 6000 UHF 27.00%
APX 6000 Accessories 20.00%
APX 6000XE
APX 6000XE 700/800 MHz 27.00%
APX 6000XE VHF 27.00%
APX 6000XE UHF 27.00%
APX 6000XE Accessories 20.00%
APX 6000Li
APX6000Li 700/800 27.00%
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APX6000Li UHF 27.00%
APX6000Li VHF 27.00%
APX6000Li Accessories 20.00%
APX 4000
APX 4000 700/800 27.00%
APX 4000 VHF 27.00%
APX 4000 UHF 27.00%
APX 4000 900 MHz 27.00%
APX 4000 Accessories 20.00%
APX 3000
APX 3000 700/800 27.00%
APX 3000 VHF 27.00%
APX 3000 UHF R1 27.00%
APX 3000 UHF R2 27.00%
APX 3000 Accessories 20.00%
APX1000
APX1000 700/800MHz 27.00%
APX1000 UHF 27.00%
APX1000VHF 27.00%
APX1000 900 MHz 27.00%
TRX Indoor Location
TRX Indoor Location 0.00%
XTS 5000 ACCESSORIES ONLY
XTS 5000 700/800 ACCESSORIES ONLY 15.00%
XTS 5000 VHF ACCESSORIES ONLY 15.00%
XTS 5000 UHF ACCESSORIES ONLY 15.00%
ASTRO Digital XTS 2500 ACCESSORIES ONLY
XTS 2500 700/800 MHz ACCESSORIES ONLY 15.00%
XTS 2500 900 MHz ACCESSORIES ONLY 15.00%
XTS 2500 VHF ACCESSORIES ONLY 15.00%
XTS 2500 UHF ACCESSORIES ONLY 15.00%
ASTRO Digital XTS 1500 ACCESSORIES ONLY
XTS1500 900 MHz ACCESSORIES ONLY 15.00%
XTS 1500 700/800 MHz ACCESSORIES ONLY 15.00%
XTS 1500 VHF ACCESORIES ONLY 15.00%
XTS 1500 UHF ACCESSORIES ONLY 15.00%
MT 1500 ACCESSORIES ONLY
MT 1500 800 MHz ACCESSORIES ONLY 15.00%
MT 1500 VHF ACCESSORIES ONLY 15.00%
MT 1500 UHF ACCESSORIES ONLY 15.00%
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XTS 4000 ACCESSORIES ONLY
XTS4000 VHF ACCESSORIES ONLY 15.00%
XTS4000 UHF R1 ACCESSORIES ONLY 15.00%
MTVA & XTVA Accessories
Mobile Vehicular Adapter (MTVA) 20.00%
XTS Vehicular Adapter (XTVA) 20.00%
APX Transportable Base Station 22.00%
PR1500
PR1500 VHF 10.00%
PR1500 UHF 10.00%
Radio Applications
Pop25 for Trunking and Conventional Information
Presence Notifier Application Information
Advanced System Key 20.00%
Radioware Solutions
TX Application Software 0.00%
Receivers
GPW 8000 Receiver 20.00%
ASTRO TAC Receivers 0.00%
MTR 3000 Analog Receivers 25.00%
Secure Solutions
Key Variable Loader (KVL)
KVL 3000 Plus FLASHport Upgrade 14.00%
KVL 4000 14.00%
KVL 4000 FLASHport 14.00%
VPN
PSLTE VPN 14.00%
Services Solutions
Service Solutions Information
SmartX
SmartX 14.00%
APX Programming Software
APX Radio Management 20.00%
Software Upgrades/FLASHport
Lifecycle Products
Software Maintenance Agreement (SMA) 0.00%
System Upgrade Agreement (SUA) 0.00%
Infrastructure Software Upgrades/FLASHport
ASTRO-TAC FLASHport & Upgrades 20.00%
ASTRO-TAC Receiver Conventional Upgrades 20.00%
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ASTRO-TAC Receiver Trunked Upgrade 20.00%
ASTRO-TAC & ASTRO-TAC 3000 FLASHport Upgrades 20.00%
QUANTAR Software & Hardware Upgrade 20.00%
Software Upgrades/FLASHport 20.00%
Software & Hardware Upgrades/FLASHport 20.00%
STR 3000 FLASHport 20.00%
Programming Software
Customer Programming Software 0.00%
Radio Service Software 0.00%
Subscriber Software Upgrades/FLASHport
MT 1500 SW FLASH 20.00%
XTS 1500 SW FLASH 20.00%
XTL 1500 SW FLASH 20.00%
XTS 2500 SW FLASH 20.00%
XTL 2500 SW FLASH 20.00%
XTL 5000 & Consolette SW FLASH 20.00%
XTS 5000 SW FLASH 20.00%
XTS/XTL New UCM KVL3000PLUS FLASH 20.00%
XTL/XTS5000, 2500, Consolett UCM KVL3000PLUS FLASH 20.00%
APX 7500 & Consolette SW FLASH 20.00%
APX 7000 SW FLASH 20.00%
APX 6500 SW FLASH 20.00%
APX 6500Li SW FLASH 20.00%
APX 6000 & APX 6000XE SW FLASH 20.00%
APX 6000Li SW FLASH 20.00%
APX 4000 SW FLASH 20.00%
APX 4500 SW FLASH 20.00%
APX Mobile/Portable MACE KVL4000 FLASH 20.00%
APX 3000 SW FLASH 20.00%
APX Mobile/Portable MACE KVL3000PLUS FLASH 20.00%
APX Mobile and Portable Firmware Refresh 20.00%
SRX 2200 SW FLASH 20.00%
Telephone Interconnect
Zetron Model 30 Worldpatch 10.00%
Enhanced Telephone Interconnect 14.00%
Text Messaging Services Solution
Text Messaging Services Solution 5.00%
Trunking Products and Systems
MTC 3600
MTC 3600 SMARTNET Single Site Controller 14.00%
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MTC 3600 SMARTNET Simulcast Prime 14.00%
MTC 3600 SMARTNET Remote Site Controller 14.00%
MTC 3600 SmartZone Simulcast Prime Site 14.00%
MTC 3600 SmartZone ReSC 14.00%
MTC 3600 SmartZone Remote (Non-Simulcast) 14.00%
MTC 3600 Upgrades 14.00%
SmartZone Network Management & Controllers
4.1 Network Management System Upgrades 14.00%
MZC 5000 Zone Controller 14.00%
Simulcast Miscellaneous 14.00%
RF Modems for Site Lens/System Watch 0.00%
Site Lens 0.00%
Genesis
GenWatch3 Over The Air Based Solutions 15.00%
GenWatch3 ATIA Based Solutions 15.00%
SystemWatch II 3600 on XP 0.00%
Unified Network Services (UNS)
UNS 0.00%
UNS Expansions and Upgrades 0.00%
MotoMapping 0.00%
Replacement Parts, Radio Accessories, Batteries, Kits, and
Programming Tools
Contact Motorola Parts & Accessories Department (800 422 4210) for
price quotes. 20.00%
Non-Motorola Mfg. Items - Supply Chain Commodities
To order non manufactured items to support radio
products listed in Exhibit A discounts will be applied based on
15.00%
the following APC Codes 131, 207, 229, 417, 457, 515, 557, 708, 740,
854
Frieght/Shipping Charges - Details
1) Orders placed through the Motorola Parts &
Accessories Department will ship FOB destination, UPS ground.
2) Orders placed for radio and factory/manufactured
items shall be charged at 1.25% of the equipment total and added to
the price quote.
3) Expedited shipments via air (FedEx etc.) when
requested by County shall be at County expense.
Item 8
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Line # Item Number Description Quantity Unit List Price Unit Sale Price Ext. Sale Price
APX™ 8000 Series
1 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODEL 3.5 69 $6,292.00 $4,593.16 $316,928.04
1a Q58AL ADD: 3Y ESSENTIAL SERVICE 69 $110.00 $110.00 $7,590.00
1b H35BT ADD: CONVENTIONAL OPERATION 69 $800.00 $584.00 $40,296.00
1c Q629AH ENH: AES ENCRYPTION 69 $475.00 $346.75 $23,925.75
1d QA05507AA DEL: DELETE 7/800 MHZ BAND 69 ‐$800.00 ‐$584.00 ‐$40,296.00
1e QA05508AA DEL: DELETE VHF BAND 69 ‐$800.00 ‐$584.00 ‐$40,296.00
1f Q806CB ADD: ASTRO DIGITAL CAI OPERATION 69 $515.00 $375.95 $25,940.55
2 NNTN8863A
CHARGER, SINGLE‐UNIT, IMPRES 2, 3A, 100‐240VAC, US/NA
PLUG 16 $187.00 $149.58 $2,393.28
3 NNTN8897A CHGR DESKTOP MULTI UNIT IMPRES 2 1 DISPLAY EXT PS US 12 $1,100.00 $879.89 $10,558.68
APX™ 8000 Series
4 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODEL 3.5 15 $6,292.00 $4,593.16 $68,897.40
4a Q806CB ADD: ASTRO DIGITAL CAI OPERATION 15 $515.00 $375.95 $5,639.25
4b Q58AL ADD: 3Y ESSENTIAL SERVICE 15 $110.00 $110.00 $1,650.00
4c H35BT ADD: CONVENTIONAL OPERATION 15 $800.00 $584.00 $8,760.00
4d QA05507AA DEL: DELETE 7/800 MHZ BAND 15 ‐$800.00 ‐$584.00 ‐$8,760.00
4e Q629AH ENH: AES ENCRYPTION 15 $475.00 $346.75 $5,201.25
Standalone Items
5 PMMN4099B
AUDIO ACCESSORY‐REMOTE SPEAKER MICROPHONE,IP68
REMOTE SPEAKER MICROPHONE,3.5MM,UL 88 $145.00 $115.99 $10,207.12
Standalone Items
6 HKVN4289A APX CPS DOWNLOAD ‐ CURRENT VERSION 1 $299.00 $284.05 $284.05
APX™ 6000 Series
7 H98KGH9PW7BN APX6000 VHF MHZ MODEL 3.5 PORTABLE 51 $3,455.00 $2,522.15 $128,629.65
7a QA02006AA ENH: APX6000XE RUGGED RADIO 51 $800.00 $584.00 $29,784.00
7b Q58AL ADD: 3Y ESSENTIAL SERVICE 51 $110.00 $110.00 $5,610.00
7c Q53AH ADD: FRONT PANEL PROGRAMMING & CLONING 51 $150.00 $109.50 $5,584.50
7d Q241BC ADD: ANALOG OPERATION 51 $0.00 $0.00 $0.00
7e H35BU ADD: CONVENTIONAL OPERATION 51 $500.00 $365.00 $18,615.00
7f QA01427AB ALT: IMPACT GREEN HOUSING 51 $25.00 $18.25 $930.75
8 LSV01S01034A DMSO ADVANCED RADIO MANAGEMENT 5 YEARS 135 $255.60 $148.12 $19,996.20
8A QA09001AB ADD: WIFI CAPABILITY 51 $300.00 $115.00 $5,865.00
8B LSV01S01030A SETUP/INSTRUCTOR ON SITE TRAINING 1 $2,250.00 $2,250.00 $2,250.00
Smart X discount ‐$13,034.56
9 NNTN8575A
AUDIO ACCESSORY‐REMOTE SPEAKER MICROPHONE,IMPRES
XE RSM XT CABLE GREEN 50 $538.00 $430.35 $21,517.50
10 NNTN8844A
CHARGER, MULTI‐UNIT, IMPRES 2, 6‐DISP, NA/LA‐PLUG, ACC
USB CHGR 5 $1,375.00 $1,099.86 $5,499.30
11 NNTN7624C CHARGER,CHR IMP VEH EXT NA/EU KIT 36 $472.00 $377.55 $13,591.80
12 PMNN4439A BATT CLAMPSHELL 3000T 47 $104.00 $83.19 $3,909.93
13 NNTN8930A
BATTERY PACK,LITHIUM ION,BATT IMPRES 2 LIION TIA4950 R
IP68 2650T 10 $59.00 $47.19 $471.90
14 NAR6593A ANT,HLCL,136MHZ MIN,1.577GHZ MAX,‐7 23 $38.00 $30.40 $699.20
Billing Address:Shipping Address: Quote Date: 2‐25‐2020
SAN LUIS OBISPO, CITY OF
City of San Luis Obispo SAN LUIS OBISPO, CITY Expiration Date: 5‐25‐2020
990 Palm Street 990 Palm Street Quote Created By:
SAN LUIS OBISPO CA, 93401 SAN LUIS OBISPO CA, Joe Warner
Joseph.Warner@motorolasolutions.com
312‐204‐9300
Customer:
SAN LUIS OBISPO, CITY OF
Miguel Guardado
Item 8
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Standalone Items
16 T8476B KVL 5000 1 $6,000.00 $4,380.00 $4,380.00
16a CA00182AW ADD: AES ENCRYPTION SOFTWARE 1 $0.00 $0.00 $0.00
16b CA03358AA ADD: ASTRO 25 MODE 1 $0.00 $0.00 $0.00
16c CA03467AA ADD: NORTH AMERICA MICRO USB CHARGER 100/240V 1 $0.00 $0.00 $0.00
16d PMKN4012B PORTABLE PROGRAMMING CABLE 1 $77.00 $61.60 $61.60
16e PMNN4549A BATT IMPRES 2 LIION 2925T 1 $80.00 $58.40 $58.40
16f CB000262A01 CABLE,MICRO USB PROGRAMMING CABLE 1 $10.00 $8.00 $8.00
17 Incentive Incentive Discount based on PO by 5/25/2020 1 ‐$102,699.00 ‐$102,699.00 ‐$102,699.00
Net Total $590,648.54
Estimated Tax $45,591.32
Estimated Freight $0.00
Grand Total $636,239.86
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R ______
RESOLUTION NO. ____ -2020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING LEASE NO. 24831 BETWEEN
THE CITY OF SAN LUIS OBISPO AND MOTOROLA SOLUTIONS INC.,
APPROVING SAME AND AUTHORIZING STAFF TO EXECUTE AND
DELIVER THE LEASE ON THE CITY’S BEHALF
WHEREAS, the City Council of the City of San Luis Obispo duy called and noticed a
reguar meeting of the City Council on May 5, 2020; and
WHEREAS, the City Council of the City of San Luis Obispo has determined that a true
and very real need exists for the acquisition of the Equipment or other personal property
described in the Lease between City of San Luis Obispo and Motorola Solutions, Inc.; and
WHEREAS, the City Council of the City of San Lusi Obispo has determined that the
Lease, substantially in the form presented to this meeting, is in the best interests of the City of
San Luis Obispo for the acquisition of such Equipment or other personal property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council of the City of San Luis Obispo finds: The
above statements are true.
SECTION 2. Action: Based on the above findings and evidence submitted in support
thereof, the City Council of the City of San Luis Obispo hereby approves the entering into of the
Lease by the City and hereby designates and authorizes the following person(s) referenced in the
Lease to execute and deliver the Lease on the City’s behalf with such changes thereto as such
person deems appropriate, and any related documents, including any escrow agreement,
necessary to the consummation of the transactions contemplated by the Lease.
Upon motion of ______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
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Resolution No. _____ (2020 Series) Page 2
R ______
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
4/22/20
City of San Luis Obispo
990 Palm Street
San Luis Obispo CA 93401
RE: Municipal Lease # 24831
Enclosed for your review, please find the Municipal Lease documentation in connection with the [radio
equipment] to be leased from Motorola. The interest rate and payment streams outlined in Equipment
Lease-Purchase Agreement #24831 are valid for contracts that are executed and returned to Motorola on
or before May 15, 2020. After 5/15/20, the Lessor reserves the option to re-quote and re-price the
transaction based on current market interest rates.
Please have the documents executed where indicated and forward the documents to the following address:
Motorola Solutions Credit Company LLC
Attn: Bill Stancik / 44th Floor
500 W. Monroe
Chicago IL 60661
Should you have any questions, please contact me at 847-538-4531.
Thank You,
MOTOROLA SOLUTIONS CREDIT COMPANY LLC
Bill Stancik
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
LESSEE FACT SHEET
Please help Motorola provide excellent billing service by providing the following information:
1. Complete Billing Address City of San Luis Obispo
_________________________________________
E-mail Address: _________________________________________
Attention: _________________________________________
Phone: _________________________________________
2. Lessee County Location: _________________________________________
3. Federal Tax I.D. Number _________________________________________
4. Purchase Order Number to be referenced on invoice (if necessary) or other “descriptions” that may
assist in determining the applicable cost center or department: ________________________
5. Equipment description that you would like to appear on your
invoicing:_________________________________________
Appropriate Contact for Documentation / System Acceptance Follow-up:
6. Appropriate Contact & _______________________________________
Mailing Address
_______________________________________
_________________________________________
_________________________________________
Phone: _________________________________________
Fax: __________________________________________
7. Payment remit to address: Motorola Solutions Credit Company LLC
P.O. Box 71132
Chicago IL 60694-1132
Thank you
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease Number: 24831
LESSEE: LESSOR:
City of San Luis Obispo Motorola Solutions, Inc.
990 Palm Street 500 W. Monroe
San Luis Obispo CA 93401 Chicago IL 60661
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment and/or software described in
Schedule A 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 Schedule A attached heretoand 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 Schedule B attached hereto ("Lease Term").
2. 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 lawful rate from the due date. Except as specifically provided in Section
5 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 a request for
appropriation for funds from which the Lease Payments may be made will be requested each fiscal period, including
making provisions for such payment to the extent necessary in each budget submitted for the purpose of obtaining
funding. It is Lessee's intent to make Lease Payment 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.
3. 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 and is operational. Lessee will evidence its acceptance of the Equipment either (a) by executing and
delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor; or (b) by executing and
delivering the form of acceptance provided for in the Contract (as defined in section 4.).
4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased
hereunder is being manufactured and installed by Lessor pursuant to 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
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.
NOTHING CONTAINED HEREIN SHALL PRECLUDE THE LESSEE FROM ENFORCING THE 3 YEAR
ESSENTIAL WARRANTY BASED OFF QUOTE SLO RADIO PACKAGE 2020 AGAINST MOTOROLA
SOLUTIONS, INC. AS THE EQUIPMENT VENDOR.
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).
5. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the
contrary, Lessee has the right to not appropriate funds to make Lease Payments required hereunder in any fiscal
period and in the event no funds are appropriated or in the event funds appropriated by Lessee's governing body or
otherwise available by any lawful 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. Non-
appropriation of funds shall not constitute a default hereunder for purposes of Section 16.
6. 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 excludable 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 Internal Revenue Code of
1986 (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 Payment 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 laws relative to public bidding
where necessary, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder
for the current fiscal period.
If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may
become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event,
notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly
after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount
determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without
limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be
conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable
by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds.
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
It is Lessor’s and Lessee’s intention that this Agreement not constitute a “true” lease for federal income tax
purposes and, therefore, it is Lessor’s and Lessee’s intention that Lessee be considered the owner of the Equipment
for federal income tax purposes.
7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee
hereunder, title to the Equipment will vest in Lessee subject to any applicable license; provided, however, that (i) in
the event of termination of this Lease by Lessee pursuant to Section 5 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, and Lessee
shall immediately discontinue use of the Equipment, remove the Equipment from Lessee’s computers and other
electronic devices and deliver the Equipment to 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.
8. 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, the Contract, any
licensing or other agreement, 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 and/or install all parts, mechanisms, updates, upgrades and devices required therefor.
9. 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.
10. 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.
11. 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, licensing, 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.
12. 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 (an “Event of Loss”) ,
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 Balance 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,
subject to the City’s annual budget appropriation limit as set forth by the City Council .
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
13. 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 Balance 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 it’s 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 it’s 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.
14. 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, licensing, possession, use, operation, rejection, or return and the recovery of claims under
insurance policies thereon.
15. 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 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.
After notice of such 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.
16. 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 when funds have been appropriated sufficient for such
purpose, 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 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.
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17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is
continuing, Lessor may, at its option, 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 period
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 discontinue use of the Equipment, remove the Equipment from all of Lessee’s computers and
electronic devices, return the Equipment to Lessor in the manner set forth in Section 5 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; (iv) promptly return the Equipment to
Lessor in the manner set forth in Section 5 hereof; and (v) 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.
18. 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 Balance 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.
19. 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.
20. 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.
21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the
laws of, the state of the Equipment Location.
22. 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.
23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease-
Purchase Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds, Certificate of
Incumbency, Certified Lessee Resolution (if any), Information Return for Tax-Exempt Governmental Obligations
and 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.
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24. EXECUTION IN COUNTERPARTS. This Lease may be executed in several counterparts, either
electronically or manually, all of which shall constitute but one and the same instrument. Lessor reserves the right to
request receipt of a manually-executed counterpart from Lessee. Lessor and Lessee agree that the onl y original
counterpart for purposes of perfection by possession shall be the original counterpart manually executed by Lessor
and identified as “Original”, regardless of whether Lessee’s execution or delivery of said counterpart is done
manually or electronically.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the _____ day of May, 2020.
LESSEE: LESSOR:
City of San Luis Obispo MOTOROLA SOLUTIONS, INC.
By:___________________________ By:_____________________________
Title:__________________________ Title Treasurer
CERTIFICATE OF INCUMBENCY
I, ______________________________________ do hereby certify that I am the duly elected or
(Printed Name of Secretary/Clerk )
appointed and acting Secretary or Clerk of t he City of San Luis Obispo, 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 individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such entity
holding the office(s) below his/her/their respective name(s). I further certify that (i) the signature(s) set forth above
his/her/their respective name(s) and title(s) is/are his/her/their true and authentic signature(s) and (ii) such officer(s)
have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement
number24831, between City of San Luis Obispo and Motorola Solutions, Inc. If the initial insurance
requirement on Schedule B exceeds $1,000,000,attached as part of the Equipment Lease Purchase Agreement is a
Certified Lessee Resolution adopted by the governing body of the entity.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of City of San Luis Obispo, hereto
this ______ day of May, 2020.
By: ______________________________________ SEAL
(Signature of Secretary/Clerk)
OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement 24831 by and between Motorola
Solutions, 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. This opinion may be relied upon by the Lessor and any assignee of the Lessor’s rights under the Lease.
______________________________________________________________________
Attorney for City of San Luis Obispo
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SCHEDULE A
EQUIPMENT LEASE-PURCHASE AGREEMENT
Schedule A
Lease Number:
24831
This Equipment Schedule is hereby attached to and made a part of that certain Equipment
Lease-Purchase Agreement Number 24831 ("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: 36 Months Commencement Date: 6/1/2020
First Payment Due Date: 6/1/2021
3 annual payments as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable
on the Lease Payment Dates set forth in Schedule B.
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City of San Luis Obispo (Schedule B)
Compound Period:Annual
Nominal Annual Rate:0.000% first year
Nominal Annual Rate:2.660% remaining term
CASH FLOW DATA
Event Date Amount Number Period End Date
1 Lease 6/1/2020 636,239.86$ 1
2 Lease Payment 6/1/2021 217,671.27$ 1
3 Rate Change 6/1/2021 Rate: 2.660 % Compounding: Annual
4 Lease Payment 6/1/2022 217,671.27$ 2 Annual 6/1/2023
AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year
Date Lease Payment Interest Principal Balance
Lease 6/1/2020 636,239.86$
1 6/1/2021 217,671.27$ -$ 217,671.27$ 418,568.59$
6/1/2021 Rate: 2.66% Compounding: Annual
2 6/1/2022 217,671.27$ 11,133.92$ 206,537.35$ 212,031.24$
3 6/1/2023 217,671.27$ 5,640.03$ 212,031.24$ -$
Grand Totals 653,013.81$ 16,773.95$ 636,239.86$
ORIGINAL ISSUE DISCOUNT:
Lessee acknowledges that the amount financed by Lessor is $619,754.39 and that such amount is the issue price for this Lease
Payment Schedule for federal income tax purposes. The difference between the principal amount of this Lease Payment
Schedule and the issue price is original issue discount as defined in Section 1288 of the Code. The yield for this Lease
Payment Schedule for federal income tax purposes is 2.66%. Such issue price and yield will be stated in the applicable Form
8038-G.
INITIAL INSURANCE REQUIREMENT: $636,239.856
Except as specifically provided in Section five 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.
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EVIDENCE OF INSURANCE
Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on
Schedule A number 24831 to that Equipment Lease Purchase Agreement number 24831 will be
maintained by the City of San Luis Obispoas stated in the Equipment Lease Purchase Agreement.
This insurance is provided by:
_____________________________________________________
Name of insurance provider
_____________________________________________________
Address of insurance provider
_____________________________________________________
City, State and Zip Code
_____________________________________________________
Phone number of local insurance provider
_____________________________________________________
E-mail address
In accordance with the Equipment Lease Purchase Agreement Number 24831 , City of San Luis Obispo
, hereby certifies that following coverage are or will be in full force and effect:
Type Amount Effective Expiration Policy
Date Date Number
Fire and Extended Coverage __________ __________ __________ _____________________
Property Damage __________ __________ __________ _____________________
Public Liability __________ __________ __________ _____________________
Certificate shall include the following:
Description: All Equipment listed on Schedule A number 24831 to that Equipment Lease Purchase
Agreement number 24831. Please include equipment cost equal to the Initial Insurance Requirement on
Schedule B to Equipment Lease Purchase Agreement number 24831 and list any deductibles.
Certificate Holder:
MOTOROLA SOLUTIONS, INC. and or its assignee as additional insured and loss payee
1303 E. Algonquin Road
Schaumburg, IL 60196
If self insured, contact Motorola representative for template of self insurance letter.
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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 City of San Luis Obispo?
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?
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EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY
AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below (“Equipment”) and Lessee
hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the
Equipment Lease Purchase Agreement executed by Lessee and Lessor.
Equipment Lease Purchase Agreement No.: 24831 Lease Schedule A No. : 24831
EQUIPMENT INFORMATION
QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
24831. See Schedule A for a detailed Equipment
List.
LESSEE:
City of San Luis Obispo
By: ______________________________________
Date: ____________________________________
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CERTIFIED LESSEE RESOLUTION
At a duly called meeting of the Governing Body of the Lessee (as defined in Lease 24831) held
on May________, 2020, the following resolution was introduced and adopted.
BE IT RESOLVED by the Governing Board of Lessee as follows:
1. Determination of Need. The Governing Body of Lessee has determined that a true and
very real need exists for the acquisition of the Equipment or other personal property
described in the Lease between City of San Luis Obispo(Lessee) and Motorola Solutions,
Inc. (Lessor).
2. Approval and Authorization. The Governing body of Lessee has determined that the
Lease, substantially in the form presented to this meeting, is in the best interests of the
Lessee for the acquisition of such Equipment or other personal property, and the
Governing Board hereby approves the entering into of the Lease by the Lessee and
hereby designates and authorizes the following person(s) referenced in the Lease to
execute and deliver the Lease on Lessee’s behalf with such changes thereto as such
person deems appropriate, and any related documents, including any escrow agreement,
necessary to the consummation of the transactions contemplated by the Lease.
3. Adoption of Resolution. The signatures in the Lease from the designated individuals for
the Governing Body of the Lessee evidence the adoption by the Governing Body of this
Resolution.
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Department
Administration & Information Technology
Fiscal Officer Date
Lynn Wilwand 4/21/2020
Department Head Date
Greg Hermann 4/21/2020
Cost Center and Account Title Fund Cost Center Account Amount
-
Cost Center and Account Title Fund Cost Center Account Amount
Info Tech undesignated capital 403 9501 71501 (9,337.00)
Info Tech undesignated capital 403 9501 7003 9,337.00
-
Project Title Award Project Task Amount
Public Safety Portable Radio Replacment 91583 9,337.00
9,337.00
Account Title Fund Cost Center Account Amount
-
Accounting Date
Budget Manager or Finance Director Date
Posted By Date Period
BUDGET AMENDMENT REQUEST
CHANGE TO FUND BALANCE, WORKING CAPITAL OR DESIGNATION
PROJECTS AND AWARDS
EXPENDITURES AND TRANSFERS OUT
REVENUES AND TRANSFERS IN
PURPOSE
To transfer funds per Radio Replacements CAR 4/21/20
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