CITY OF SANTA FE PROCUREMENT CHECKLIST Contractor Name: Motorola / Corrective Action to Repair Emergency Response Communications Error Procurement Title: Motorola SWPA 10-00000-20-00048AH Procurement Method: State Price Agreement Cooperative Sole Source Other Exempt Request For Proposal (RFP) Invitation To Bid (ITB) Contract under 60K Contract over 60K X Department Requesting ITT/Fire Department/Police Department Staff Name David C. Tapia Procurement Requirements: A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids, all evaluation materials, score sheets, quotations and all other documentation related to or prepared in conjunction with evaluation, negotiation, and the award process. The procurement shall contain a written determination from the Requesting Department, signed by the purchasing officer, setting forth the reasoning for the contract award decision before submitting to the Committees. REQUIRED DOCUMENTS FOR APPROVAL BY PURCHASING* YES N/A Approved Procurement Checklist (by Purchasing) Memo addressed to City Manager (under 60K) Committees/City Council (over 60K) State Price Agreement RFP Evaluation Committee Report ITB Bib Tab Quotes (3 valid current quotes) Cooperative Agreement Sole Source Request and Determination Form Contractors Exempt Letter Purchasing Officers approval for exempt procurement BAR R FI Executed Contract, Agreement or Amendment Current Business Registration and CRS numbers on contract or agreement Summary of Contracts and Agreements form Certificate of Insurance All documentation presented to Committees Other: David C. Tapia Contracts Administrator 04/08/2021 Department Rep Printed Name (attesting that all information included) Title Date Purchasing Officer (attesting that all information is reviewed) Title Date Include all other substantive documents and records of communication that pertain to the procurement and any resulting contract. * 1 Fran Dunaway (Apr 30, 2021 09:11 MDT) Apr 30, 2021 Issued through an SWPA. exp. 7/1/21--- Andy Hopkins Andy Hopkins (Apr 29, 2021 11:06 MDT) Apr 29, 2021 note: please use appropriate PL code when requisition/PO is done Alexis Lotero Alexis Lotero (Apr 29, 2021 11:14 MDT) 3653501.572400 Exhibit A PAYMENT Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased adaitional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. System Purchase (excluding Subscribers, if applicable) 1. 100% of the Contract Price due upon contract execution (due upon effective date); If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped). Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law. For Lifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan. The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1. Resource Types Project System System Project Levels Management Engineering Technologist Administration 4 s 290.00 s 300.00 s 280.00 s 200.00 3 s 240.00 s 250.00 s 240.00 s 180.00 2 s 220 00 s 220.00 s 220.00 s 170.00 1 s 190.00 s 210.00 s 210.00 s 160.00 f' These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https: I lwww. motorolasolutions . com/contenUdam/m si/secure/servi ces/I abor -rates-exhib it-160408. pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project. Communication System and Services Agreement v.1.22.2020 16 DocuSign Envelope ID: 5F2F6242-5099-4FC9-8BAB-0585B5284915 /SPA_Signature/ SPD_SWPA_Award_004_Rev_00_0220 State of New Mexico General Services Department Statewide Price Agreement Awarded Vendor: Price Agreement Number: 10-00000-20-00048 11 Awarded Vendors- See pages 6&7 for details Payment Terms: Net 30 F.O.B.: Destination Email: Telephone No.: Delivery: See pages 6&7 Ship To: Procurement Specialist: Raelynn Lujan All State of New Mexico agencies, commissions, institutions, political subdivisions and local public Telephone No.: 505-827-0484 bodies allowed by law. Email: [email protected] Invoice: As Requested Title: Communications, Radio Equipment, Parts, Accessories and Related Services Term: November 18, 2020 thru November 17, 2022 This Statewide Price Agreement is made subject to the “terms and conditions” as indicated on subsequent pages. Accepted for the State of New Mexico 11/13/2020 /Purchasing_Agent/ Date: Mark Hayden, New Mexico State Purchasing Agent X This Agreement was signed on behalf of the State Purchasing Agent Purchasing Division: 1100 St. Francis Drive, Santa Fe, NM 87505; PO Box 6850, Santa Fe, NM 87502 (505) 827-0472 DocuSign Envelope ID: 5F2F6242-5099-4FC9-8BAB-0585B5284915 State of New Mexico General Services Department Purchasing Division Statewide Price Agreement #: 10-00000-20-00048 Page-2 Terms and Conditions (Unless otherwise specified) 1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the Vendor's bid, a binding contract is created. 2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order. 3. Assignment: a.Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Vendor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Vendor from the obligations and liabilities under this order. b. Vendor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State. 4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder. 5. Discounts: Prompt payment discounts will not be considered in computing the low bid. 6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Vendor's risk and expense, promptly after notice of rejection. 7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract. 8. Commercial Warranty: The Vendor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Vendor gives for such to any customer for such supplies or services. The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Vendor agrees not to disclaim warranties of fitness for a particular purpose of merchantability. 9. Taxes: The unit price shall exclude all state taxes. 10. Packing, Shipping and Invoicing: a.The State's purchasing document number and the Vendor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments. The user's count will be accepted by the Vendor as final and conclusive on all shipments not accompanied by a packing ticket. b. The Vendor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment. c.Invoices must be submitted to the using agency and NOT the State Purchasing Agent. 11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Vendor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Vendor liable for any excess cost occasioned by the State due to the Vendor's default.