MOTOROLA CREDIT CORPORATION AND MOTOROLA SOLUTIONS -2015

Home Browse Search

4. Scope of Work: The Patties will perform their respective work responsibilities in accordance with the Statement of Work and the Performance Schedule. (See Sections 1 and 6 of the Motorola Proposal.) By executing this Agreement, the City authorizes Motorola to proceed with contract performance. Unless terminated in accordance with other provisions of this Agreernent or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues through the warranty period of the equipment. 5. Change Orders: Consistent with Section 3.3 of the Price Book, either Party may request changes within the general scope of this Agreement and neither Party is obligated to perform requested changes unless both Parties execute a written change order. 6. Sites: The City will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the work sites or vehicles identified in the Statement of Work as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work, Further, the City will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, the City will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System, Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise the City of any apparent deficiencies or non - conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. If a Party determines that the sites identified in the Statement of Work are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Statement of Work, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. 7. Acceptance: Because this transaction is for a System and not just Equipment, the Acceptance provisions of Section 6 of the Price Book apply only to the subscriber radios but not to the consoles. Rather, System Acceptance for the consoles will occur when the Acceptance Tests have been successfully completed. "Acceptance Tests" means those tests described in the Acceptance Test Plan. (See Section 3 of the Motorola Proposal.) Motorola will provide to the City at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the City believes the System has failed the completed Acceptance Tests, the City will provide to Motorola a written notice that includes the specific details of the failure. If the City does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System will not postpone System Acceptance, but will be corrected according to a mutually agreed punch list schedule. City of Santa Ana MCC7500 P25 Dispatch Migration and Subscribers 0 Motorola Solutions ConFldentlal Restricted 02 April 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Terms and Conditions 8 -2