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HomeMy Public PortalAboutORD16364BILL NO. 2023-034 SPONSORED BY CouncilmemberSpicer ORDINANCE NO. /4 3%4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE JEFFERSON CITY POLICE DEPARTMENT AND FIRE DEPARTMENT TO ENTER INTO A JOINT PROJECT WITH COLE COUNTY EMERGENCY MEDICAL SERVICES AND AUTHORIZING THE EXPENDITURE OF $38,253.76 TO IMPLEMENT A COUNTY WIDE AUTOMATED VOICE DISPATCH SYSTEM. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. There is hereby granted to enter into a joint project with Cole County Emergency Medical Services to implement a county wide Automated Voice Dispatch System. Section 2. The project cost will be split between the County and the City utilizing national opioid drug settlement funds. The City's estimated share is $38,253.76. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: o g/®g (z_3 Presiding Offi r Mayor Ron Fitzwater ATTEST: APPROVED AS TO FORM: City rney Automated Voice Dispatch Proposal July 2023 Project Overview: A joint effort between the Jefferson City Police Department, the Jefferson City Fire Department, and Cole County Emergency Medical Services to implement a countywide Automated Voice Dispatch System. U�lizing opioid setlement funds, the project cost will be split between the County and City. As a result, both the Jefferson City Central Dispatch and Cole County EMS Emergency Communica�on Center will have access to modernized communica�ons equipment that will both decrease response �me and the workload of 911 Communicators. Automated Voice Dispatch (AVD): AVD i s an automated text-to-speech system that verbally announces dispatch informa�on over an agency’s radio frequency. This �me-saving technology provides 911 Communicators with a fast and consistent method of dispatching resources to an emergency. The AVD system announces the en�re dispatch, including units assigned to the call, incident type, address, cross streets, name of the business, tac�cal channel and more. This advanced technology means that the no�fica�on of first responders happens instantaneously once a 911 call is ready for dispatch and allows 911 Communicators to handle mul�ple calls more efficiently. AVD System Benefits: • Speed- Delivers automa�c dispatch alerts simultaneously to one or mul�ple sta�ons in less than a second. This helps to reduce and/or eliminate Communicator “on -hold” �me. • Wellness- Transmits alerts to public safety sta�ons automa�cally, thereby reducing Communicator stress and workload. This frees Communicators to communicate with 911 callers and manage the dispatch process more successfully. • High reliability- Offers Communicators a redundant system to communicate alerts if the computer-aided dispatch (CAD) system fails. • Situa�onal awareness- Reviews the success of alerts as they are sent. It also monitors the status of the system in real �me. • Compliance- Helps emergency units shave valuable seconds—even minutes—off response �mes, helping meet or exceed NFPA 1710 recommenda�ons. • Safety and redundancy- Reduces the chance of missing emergency calls during grid or power failures, thanks to mul�ple pathway op�ons and a backup power supply. • Value- Reduces customer maintenance and management costs by integra�ng a reliable, proven system. • Savings- Offers higher-quality emergency services, which can contribute to a lower community ISO Public Protec�on Class ra�ng, thereby helping decrease insurance rates. About US Digital Designs: A Honeywell company providing emergency sta�on aler�ng to over 500 public safety agencies around the world. Departments u�lizing US Digital Design AVD include Charlote NC, Aus�n Tx, San Jose CA, and San Diego CA. The project and associated peripherals are available u�lizing co-opera�ve purchasing vehicles and are made in the USA. Es�mated Cost Breakdown County Cost City Cost G2 FSA Dispatch System: $26,425.34 G2 FSA Dispatch System: $26,425.34 CAD Interface: $1,280 CAD Interface: $1,280 Motorola APX Radio: $8,048.42 Motorola APX Radio: $8,048.42 Radio Hardware: $ 2,500 Radio Hardware: $2,500 Computer Networking (Not to Exceed): $12,000 Computer Networking: N/A County Total: $50,253.76 City Total : $ 38,253.76 US DIGITAL DESIGNS Tempe, Arizona USA Phoenix G2 - Automated Fire Station Alerting Quotation to: Cole County, MO Cole County EMS Project: G2 Fire Station Alerting System One (1) Dispatch System Proposal number: 23_COLE020 Revision # 2 Quote Date: 27-Jun-2023 Quote Expires: 25-Sep-2023 INSTALLATION BY: N/A - Installation Only Estimated Subject To Change Pending Final Design Approval By: Jeff King Regional Territory Manager US Digital Designs, Inc. 1835 E Sixth St #27 Tempe, AZ 85281 513-667-7770 mobile jeff.king@honeywell.com [This Proposal is subject to corrections due to Errors or Omissions] Pricing protected pursuant to the Master Price Agreement entered into between League of Oregon Cities (LOC) and USDD, and made available to members of the National Purchasing Partners, LLC, dba Public Safety GPO, dba Law Enforcement GPO, and dba NPPgov - Contract #PS20350. More information is available at: https://nppgov.com/contract/us-digital-designs. Cole County, MO is Already Member # M-5773221 PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 9 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:6/27/2023 Expires:9/25/2023 Quote SUBMITTED TO: Cole County, MO Cole County EMS REF PROPOSAL Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DI1 LOT USDD 0 Radio System Interface (Full Console Interface) - (Requires owner-furnished, dedicated, console - specifically and solely tasked for Station Alerting) RSI-P $ 13,650.00 $ 12,285.00 - DI2 LOT CAD 1 CAD Interface - Tyler New World (USDD-side Only - Customer responsibility to discuss CAD-side costs (if any) with their vendor) CADI-P $ 14,250.00 $ 12,825.00 12,825.00 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DC1 PR USDD 1 G2 Communications Gateway Pair (Hardware for CAD interface) 2@1RU each (2RU Total) G2-GW $ 10,425.00 $ 9,382.50 9,382.50 DC2a Kit USDD 2 G2 Gateway Audio Radio Interface (GaRi) - Kitted with Flange-Mount, Rack-Mount Adapter Available if needed GaRI2 $ 2,450.00 $ 2,205.00 4,410.00 DC2b Kit USDD 1 Rack-Mount Adapter Plate - Mounts (up to) 2 GaRI2s in 19" Rack GaRI2-RMP $ 65.00 $ 58.50 58.50 DC3 Kit USDD 1 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others)TVR $ 975.00 $ 877.50 877.50 DC4 Kit USDD 0 G2 Light Tower Interface LTI $ 675.00 $ 607.50 - Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DS1 HR USDD 50 Gateway Configuration & Modifications GW-CM $ 325.00 $ 292.50 14,625.00 DS2a LOT USDD 1 Gateway Installation / On-Site BY USDD (with direct coordinated assistance by authorized customer CAD, Radio & IT personnel) GW-I-O $ 875.00 $ 787.50 787.50 DS2b LOT USDD 0 Gateway Installation / BY CUSTOMER (with REMOTE ASSISTANCE by USDD Personnel) GW-I-C $ 375.00 $ 337.50 - DS3 LOT USDD 1 Gateway Start-Up / On-Site BY USDD (with direct coordinated assistance by authorized customer CAD, Radio & IT personnel) GW-SU-O $ 5,925.00 $ 5,332.50 5,332.50 DS4 LOT USDD 1 Gateway Project Management GW-PM $ 441.86 $ 397.67 397.67 DS5a LOT USDD 1 Training - System Administrator / Dispatch Supervisor - On-Site (4 Hours) TRA-DIS-O $ 4,425.00 $ 3,982.50 3,982.50 PRIMARY DISPATCH G2 FSA SYSTEM PRIMARY-DISPATCH-LEVEL Dispatch center costs typically only need to be assumed once per dispatching agency, no matter how many stations are dispatched (unless redundant centers or further modifications are needed). 23_COLE020 v3 DISPATCH SYSTEM INTERFACES DISPATCH SYSTEM COMPONENTS DISPATCH SYSTEM SERVICES PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 2 of 9 DS5b LOT USDD 0 Training - System Administrator / Dispatch Supervisor - Remote Refresh (4 Hours) TRA-DIS-R $ 1,325.00 $ 1,192.50 - DS6a LOT USDD 0 Training - Station-Level Configuration and Equipment Usage - On-Site (4 Hours) TRA-STA-O $ 4,425.00 $ 3,982.50 - DS6b LOT USDD 0 Training - Station-Level Configuration and Equipment Usage - Remote Refresh (4 Hours) TRA-STA-R $ 1,325.00 $ 1,192.50 - DS7a LOT USDD 0 Training - Installation Contractor - On-Site / USDD G2 Certification / 8 Hours (TBD - only needed if required to use non-certified contractor) TRA-IC-O $ 6,125.00 $ 5,512.50 - DS7b LOT USDD 0 Training - Installation Contractor - At Arizona Training Center / USDD G2 Certification / 8 Hours (TBD - only needed if required to use non-certified contractor) TRA-IC-AZ $ 3,125.00 $ 2,812.50 - DS8 LOT USDD 0 Misc Option 1 $ - $ - - DS9 LOT USDD 0 Misc Option 2 $ - $ - - 52,678.67 172.00 52,850.67 System Subtotal System Total: PRIMARY DISPATCH G2 FSA SYSTEM Shipping Total: PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 3 of 9 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DW1 HR USDD 1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS DISPATCH SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) PLEASE NOTE: An additional 6 months (for total of 18 months/1.5 years) of initial warranty has been offered by USDD for no additional cost so all stations can be installed and enjoy same warranty/support start/stop dates) RS-1YR-STD $ 3,061.50 $2,755.35 4133.025 but No Charge For Initial Warranty Period / Not Included in Subtotals INDIVIDUAL DISPATCH SYSTEMS TOTALS 52,850.67 - - ENTIRE DISPATCH-LEVEL SUBTOTALS (NOW INCLUDING WARRANTY, OPTIONAL SUPPORT & TAX AS WELL) ALL PRIMARY-DISPATCH-LEVEL SYSTEMS SUBTOTAL:52,678.67 ALL PRIMARY-DISPATCH-LEVEL SHIPPING SUBTOTAL:172.00 ALL PRIMARY-DISPATCH-LEVEL WARRANTY & SUPPORT:- ALL DISPATCH-LEVEL MISCELLANEOUS. (if applicable):- 52,850.67 DISPATCH-LEVEL WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT PRIMARY DISPATCH WARRANTY & SUPPORT INCLUDES G2 MOBILE SMART-PHONE ALERTING APPS & USDD-HOSTED MAPPING SERVICES (if available). Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. PRIMARY DISPATCH G2 FSA SYSTEM TOTAL: PRIMARY DISPATCH MOBILE APP SERVICE TOTAL: PRIMARY DISPATCH MAPPING SERVICE TOTAL: PRIMARY PRIMARY-DISPATCH-LEVEL GRAND TOTAL: (SEE 'SECTION TOTALS' PAGE FOR EVEN MORE DETAIL) PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 4 of 9 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:###### Expires:###### Quote SUBMITTED TO: Cole County, MO Cole County EMS REF PROPOSAL 52,850.67 Includes:52,850.67 - - - - Notes: 52,850.67$ Section Totals PRIMARY-DISPATCH-LEVEL SUBTOTAL PRIMARY DISPATCH G2 FSA SYSTEM : PRIMARY DISPATCH MOBILE APP SERVICE : PRIMARY DISPATCH MAPPING SERVICE : PRIMARY DISPATCH WARRANTY & SUPPORT : 23_COLE020 v3 SECTION TOTALS [UNLESS OTHERWISE NOTED, ALL PRICES ARE $US] PRIMARY DISPATCH G2 FSA SYSTEM MISC: One (1) Dispatch Center proposed. No back Up/Disaster Recovery Site is included. This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use tax is payable, and if so, to make the determination of the amount to be paid. Per our contracts, Customer is responsible for the payment of any sales or use taxes owed from any purchase from USDD. (TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement US Digital Designs System Total: PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 5 of 9 TERMS AND CONDITIONS OF USDD PRODUCT SALES These U.S. Digital Designs,Inc.terms and conditions of sale (“Terms and Conditions”) are effective March 1, 2022 (the “Terms and Conditions Effective Date”),and supersede all prior versions covering the sale of products and related services (collectively,“Products”,as defined more specifically below) by U.S. Digital Designs,Inc.(“USDD”).References to “Customer”,“you”,or “your”all pertain to the purchaser of Products.These Terms and Conditions, together with any separate agreement you may have with USDD that specifically references these Terms and Conditions (collectively,the “Agreement”)set forth the entire agreement between the parties relating to your purchase of USDD Products. The Agreement may only be modified by an authorized representative of each party in a signed writing. 1.ORDERS.Orders (including any revised and follow-on orders) (each, an “Order”)for USDD Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement.All Orders are subject to acceptance by USDD and shall include the following information: purchase order number; customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order.USDD’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order.An Order is deemed to be accepted upon the earlier of (i) USDD’s written acceptance or (ii)shipment of the Products specified in the Order. Any conflicting, additional, and/or different terms or conditions on Customer’s Order or any other similar instrument are deemed to be material alterations and are rejected and not binding upon USDD. USDD’s acceptance of Customer’s Order is expressly conditioned upon Customer’s assent to the terms and conditions contained herein in their entirety. Customer’s acceptance of delivery from USDD constitutes Customer’s acceptance of these terms and conditions in their entirety. 2.REMITTANCES.All invoices shall be due and payable upon receipt in United States currency,free of exchange or any other charges, or as otherwise agreed in writing by USDD. 3.QUOTE PRICING.This proposal expires 30 days after its date.Prices are subject to correction for error. Prices, terms,conditions, and Product or Service specifications are subject to change without notice.Pricing is subject to immediate change upon announcement of Product discontinuance. 4.PAYMENT. 4.1.Invoicing &Payment.USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote.If the Customer becomes overdue in any progress payment,USDD shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law,and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse USDD for any and all reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder. 4.2.Payment Disputes.Any disputes must be provided to USDD as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date.In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date. 4.3.No Set Off.Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from USDD, its parent, affiliates, subsidiaries or other legal entities, business divisions, or units. 4.4.Credit Card Payments.All USDD quotes are developed for the Customer with the understanding the eventualany purchase of the Products listed thereon willwould be facilitated usingsubject to USDD’s standard Purchase Order and Invoice process.If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge. 5.SURCHARGES. 5.1.In addition to any Product repricing under Section 8.2,USDD may,from time-to-time and in its sole discretion,issue surcharges on new and existing Orders in order to mitigate and/or recover increased operating costs arising out of or related to, without limitation:(a) foreign currency exchange variation, (b) increased cost of third-party content, labor and materials,(c)impact of government tariffs or other actions, and (d) any conditions that increase USDD’s costs,including without limitation increased labor, freight, material or supply costs,or increased costs due to inflation (collectively,“Surcharges”). Such Surcharges will not be considered a “price increase” as contemplated hereunder and will be effective upon notice to Customer. For avoidance of doubt, Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order, are subject to Surcharges. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 6 of 9 5.2.USDD will invoice Customer,and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions.If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15)days,USDD may,in its sole discretion,withhold performance or future shipments,or combine any other rights and remedies under this Agreement or permitted by law,until the dispute is resolved.The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions. Any Surcharges,as well as the timing,effectiveness,and method of determination thereof,will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions. 6.CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay USDD for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by USDD related to the Order. 7.TAXES. USDD’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes USDD with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse USDD for any such payments made by USDD. 8.SHIPPING/DELIVERY/RISK OF LOSS. 8.1.Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. USDD and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly. 8.2.Future Delivery and Repricing. USDD will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. USDD will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, USDD may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the USDD Products included in the Order. USDD will include any repricing in its final invoice related to the Order. 8.3.Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay USDD a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. USDD will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed. 8.4.Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i) EX Works (EXW Incoterms 2020) USDD’s point of shipment (“USDD Dock”) for all shipments (except that USDD is responsible for obtaining any export license), and (ii) F.O.B. USDD Dock for all domestic shipments. For shipments from a USDD Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. USDD shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery. 9.LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND USDD’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF USDD, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT USDD’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON USDD UNLESS SET FORTH IN WRITING AND SIGNED BY A USDD AUTHORIZED REPRESENTATIVE. 9.1.Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless USDD has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), USDD warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from the date of shipment to Customer (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance. 9.2.Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, USDD, at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in the same USDD Fire Station Alerting System for which the warranty claim is made. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 7 of 9 9.3.Procedure for Warranty Claims. 9.3.1.Prior to making a Warranty claim,Customer is encouraged to review USDD’s online help resources.Thereafter,to make a valid claim hereunder,Customer must contact USDD technical support and describe the problem or defect with specificity.The first such contact must occur during the Warranty Period.USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/home/about-usdd/contact-usdd/.Customer must use its best efforts to assist in diagnosing defects,follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder. 9.3.2.Customer shall be responsible for appropriately packing and shipping Products,to USDD for repair,and shall bear all risks and costs associated withof,shipping any Product to USDD for repairthe same.USDD shall be responsible for,and bear all risks and costs of,returning any Product to Customer after repair or replacement,but Customer will be responsible for paying any customs or import duties payable upon receipt of any repaired or replacement Products.A replacement Product will be returned to Customer configured as it was when the Product was originally purchased, subject to applicable updates. 9.4.Return Material Authorization Process.If a Customer makes a warranty claim for a Product during the Warranty Period,the Customer shall provide USDD with the Product model and serial number and failure information to initiate the RMA process.Upon USDD’s issuance of the RMA, USDD will send the replacement Product,shipped postage paid ground shipping,to the address provided by Customer.RMA requests approved between 12:00 a.m.and 2:00 p.m.Mountain Standard Time are shipped on the same business day.After 2:00 p.m.Mountain Standard Time,the replacement Product is shipped on the next business day.All RMA requests are processed on the business day on which the request was received,excluding holidays.Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Product that the Customer is returning.The original Product must be returned in the shipping box provided by USDD.No goods will be accepted for exchange or return without a pre-approved RMA number or which have not been properly packaged in USDD’s shipping box to ensure that goods are not damaged due to improper packing and the shipping process.The original Product must be shipped back within 10 days of receiving the replacement.Failure to return the original Product,or failure to return in an appropriate manner,will cause Customer to incur a replacement charge equal to full market value of the replacement Product. 9.5.No Fault Found.USDD reserves the right to charge 50%of the standard repair price if the returned Product is found to have no defect covered by the Warranty.Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.”Product returns will not be allowed if,upon examination of the returned Product,it is determined that the Product was subjected to accident,misuse,neglect,alteration,improper installation,unauthorized repair,improper testing,or poor packaging upon return. In such event, USDD shall invoice Customer for the full market value of the replacement Product. 9.6.WARRANTY EXCLUSIONS & DISCLAIMERS. 9.6.1.USDD does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free.USDD further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number. 9.6.2.USDD does not warrant or support any system not installed by G2 Trained &Certified Installation technician (installer).If Customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant or support the Products unless USDD has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations. 9.6.3.USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products.This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose. 9.6.4.USDD cannot warrant nor support any system not using USDD-approved Uninteruptable Power Supply Battery Backup.This Warranty does not apply to monitors or televisions manufactured by third parties.Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty,if any.Recovery and reinstallation of hardware and user data (including passwords)are not covered under this Warranty. 9.6.5.This Warranty does not apply:(a)to consumable parts,such as batteries,unless damage has occurred due to a defect in materials or workmanship;(b)to cosmetic damage,including but not limited to scratches,dents and broken plastic on ports;(c)to damage caused by use with non-USDD products;(d)to damage caused by accident,abuse,misuse,flood,lightning,fire,earthquake or other external causes;(e)to damage caused by operating the Product outside the permitted or intended uses described by USDD;(f)to damage or failure caused by installation or service (including upgrades and expansions)performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider;(g)to a Product or part that has been modified to alter functionality or capability without the written permission of USDD;(h)to Software (as defined below);(i)to any other damage caused by an event or action outside of USDD’s control,including,without limitation,Customer’s failure to apply required or recommended updatres or patches to any Software or Product;or (h)if any serial number has been removed or defaced. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 8 of 9 10.LIMITATIONS OF LIABILITY.TO THE EXTENT PERMITTED BY LAW,THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS,WHETHER ORAL OR WRITTEN,STATUTORY,EXPRESS OR IMPLIED.AS PERMITTED BY APPLICABLE LAW,USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.If USDD cannot lawfully disclaim statutory or implied warranties,then to the extent permitted by law,all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion.No reseller,agent,or employee is authorized to make any modification,extension,or addition to this Warranty.If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS,AND TO THE EXTENT PERMITTED BY LAW,USDD IS NOT RESPONSIBLE FOR DIRECT,SPECIAL,INCIDENTAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION,OR UNDER ANY OTHER LEGAL THEORY,INCLUDING BUT NOT LIMITED TO LOSS OF USE;LOSS OF REVENUE;LOSS OF THE USE OF MONEY;LOSS OF ANTICIPATED SAVINGS;LOSS OF GOODWILL;LOSS OF REPUTATION;AND LOSS OF,DAMAGE TO OR CORRUPTION OF DATA.USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED,INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY,ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS.USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM. CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT GIVING RISE TO A CAUSE OF ACTION,UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW.USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon. 11.SERVICE AGREEMENT.The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between USDD and Customer.USDD offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith. PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 9 of 9 " MOTOROLA SOLUTIONS Billing Address: COLE COUNTY EMS 1736 SOUTHRIDGE JEFFERSON CITY, MO 65109 us QUOTE-2023490 Quote Date:01/24/2023 Expiration Date:03/25/2023 Quote Created By: John Briggs john. briggs@wirelessusa.com End Customer: COLE COUNTY EMS Mackinley Kennedy mkennedy@colecounty.org 573-680-1824 Line # Item Number Description Qty List Price Sale Pnce Ext Sale P1 ice APX™ Consolette 1 L37TSS9PW1AN ALL BAND CONSOLETTE $9,933.04 $5,959.82 $5,959.82 1a CA01598AB ADD: AC LINE CORD US 1 $0.00 $0.00 $0 .00 1b G51AT ENH:SMARTZONE 1 $1,650.00 $990.00 $990.00 1c GA05509M DEL: DELETE UHF BAND 1 -$800.00 -$480.00 -$480.00 1d G78AR ADD: 3Y ESSENTIAL 1 $288 .00 $288.00 $288.00 SERVICE 1e L999AG ADD: FULL FP WIES/KEYPAD/ 1 $868.00 $520.80 $520.80 CLOCK/VU 1f QA05751M ADD: NO ENCRYPTION, 1 $0 .00 $0.00 $0.00 CLEAR RADIO (NO ADP) (US ONLY) 1g G806BL ENH: ASTRO DIGITAL CAI OP 1 $567.00 $340.20 $340.20 APX 1h W382AM ADD: CONTROL STATION 1 $186.00 $111.60 $111.60 DESK GCAI MIC 1 i G361AH ENH: P25 TRUNKING $330.00 $198.00 $198 .00 SOFTWARE APX 2 HKN6233C APX CONSOLETTE RACK 1 $200.00 $120.00 $120.00 MOUNT KIT Grand Total $8,048.42(USD) -A!Yf sales transacOon followfnl Motorola's quote Is based on and subject to the terms and conditions of the va lid and executed w ri tten contract between C ustomer and Motorola (the "''Underlying Agrccmenr) that authori zes ustomer to purchase equipment and/or services or license software (coll e<1lvety ""Products""). If no Undertyln1, Agreement exists between Motorola and Customer, th Motorola's Stand!ltd Terms at Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Pro ucts. Motorola Solutions, Inc.: 500 West Monroe, United States -60661 -#: 36-1115800 Paqe 1 • MOTOROLA SOLUTIONS QUOTE-2023490 Notes: • Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices. Any sales trans<!<Uon f0ll 9Wing Motorola's quote ,s based on and subject 10 the terr,,s and condidons of lhe valid and e><ccutad written contract be.tween C ustomer and Motorola (the ""Underlying Agreement"') that aulhoozes Customer to purchase equipment ano/or services or license software (coll eclively "Products~). II no Underlying Agreement exists between Motorola and Customer, th Motorola.'s Standard Terms of Use and Motorola's Standard Te rms and Conditions of Sales and Supply shall govem th<'.! purchase of lhe Products, Motorola Solutions, Inc.: 500 West Monroe, United States-60661 -#: 36-1115800 Paqe 2