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FY2025 09/24/2024
Monroe County Purchasing Policy and Procedures ATTACHMENT D--'; COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- Motorola Solutions, Inc. Contract 4 U,SC000006829 Effective Date: 10.'01.2024 Expiration Date: M30,2025 Contract Purpose/Description: Annual Depot Direct Support ervices for APX Radios from Motorola Solutions,,Inc. The;term commences on 10.01.2024;::grid expires on 09.X,2025, Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: GheH Tem"borski 3015180.60188 MCFRl top #14 101-11001-530341 SC_00062(4%) $ 86.15 141-11500-530341 SC_00062(93%) $2,002.88 404-63100-530341 SC_00062(3%) $ 64.61 CONTRACT COSTS Total Dollar Value of Contract: $ 2,153.64 Current Year Portion: $ 0 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the N�7";,Bd �.Kod�R ihlY d��,.nRoo�a4.tua is $NtffP t,lt,lif ff�,l,vr d;,.; Budgeted?Yes No� Grant: $N/A County Match: $ N/A Fund/Cost Center/Spend Cate of : see above ADDITIONAL COSTS Estimated Ongoing Costs: $0 /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES El NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: .lames K. Callahan Dig,2024.09.0YJe0443 0400 a° oa,e:zsza.os.zs 16 sa:as-oa�oo ro e County Attorney Signature: Risk Management Signature: 9.24.24 Purchasing Signature: ,rQ�2 2u Digitally signed by John Quinn OMB Signature: John Q U Inn Date:2024.09.24 09:41:57-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 0 MCaTOROLA SOLUTIONS SERVICE AGREEMENT 500 WMonroe St Contract Number: USC000006829 Chicago, IL 60661 Contract Modifier: R19-APR-24 17:44:25 (800) 247-2346 Date: 17-J U N-2024 Company Name: Monroe County Board Of County P.O.#: N/A Commissioners Customer#: 1000961187 Attn.: Cheri Tamborski Bill to Tag#: 0023 Billing Address: 490 63rd St Contract Start Date: 01-OCT-2024 City, State, Zip Code: Marathon, FL 33050 Contract End Date: 30-SEP-2025 Customer Contact: Cheri Tamborski Payment Cycle: IMMEDIATE Phone: 305-289-6088 Currency: USD QTY MODEL/OPTION SERVICES DESCRIPTION MON E T LY EXTENDED AMT ***** Recurring Services***** LSV01S00023A ESSENTIAL W ACCIDENT DAMAGE $189.58 $2,153.64 Sub Total $189.58 $2,153.64 Taxes $0.00 $0.00 SPECIAL INSTRUCTIONS -ATTACH STATEMENT OF WORK FOR PERFORMANCE Grand Total $189.58 $2,153.64 DESCRIPTIONS THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA Annual Service Agreement for Monroe Fire Department to cover APX SOLUTIONS radios with Depot Direct support for radios included in the attached inventory. 1 I have received Applicable Statements of Work which describe the Services and cybersecurity services provided on this Agreement. Motorola's Terms and Conditions, including the Cybersecurity Online Terms Acknowledgement, are attached hereto and incorporate the Cyber Addendum (available at https-://www motorolasolutions.com/enus/managed-support-services/cybersecurity.htmi) by reference. By signing below Customer acknowledges these terms and conditions govern all Services under this Service Agreement. Assistant County Adminstrator 9/24/2024 AUTHOR ZED CUSTOMER SIGNATURE TITLE DATE Kevin Wilson CUSTOMER (PRINT NAME) anctwAtaAm esm 6-17-204 MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE CINDEE MARKES 954-520-8868 MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE NISE CSOt1 A BNE .w A , FORM PED9OJ-MERCA0G ASSISTA�&=UNTY A Date 9-23-24 2 Company Name Monroe County Board Of County Commissioners Contract Number USC000006829 Contract Modifier R19-APR-24 17:44:25 Contract Start Date 01-OCT-2024 Contract End Date 30-SEP-2025 3 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer') hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date" indicated in this Agreement. Section 4.SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; 4 excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6.TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers) that will be available twenty-four(24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period.All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3%during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the New Year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base) Section 9.WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of 5 termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three(3)years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise,will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. 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 OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property,will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY 6 During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a"Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Section 18 Insurance Requirements. Motorola shall furnish Certificates of Insurance indicating the required coverage limitations in the following amounts: Coverage Required Limits Form 4 Commercial General Liability $500,000 GG 001 0413 Vehicle Liability $300,000 C CA204 81013 Workers' Compensation Statutory WC00 Wl1 Employers Liability $500,0001$500,0001$500,000 Monroe County Board of County Commissioners must be listed as Certificate Holder and included as Additional Insured on General and Vehicle Liability as follows: Monroe County Board of County Commissioners, 1100 Simonton Street, Key West FL 33040. s Addendum to Motorola Solutions Service Agreement Contract Number: USC000006829 1) Payments. A) County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and within forty-five(45)days of the submission of invoice by Motorola Solutions. B) Motorola Solutions shall submit to County invoices with supporting documentation acceptable to the Clerk, on an ANNUAL schedule in advance of the service period. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 2) Books, Records and Documents. Motorola Solutions shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Motorola Solutions pursuant to this Agreement were spent for purposes not authorized by this Agreement, Motorola Solutions shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Motorola Solutions. 3) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Motorola Solutions agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 4) Attorney's Fees and Costs. The County and Motorola Solutions agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 5) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Motorola Solutions and their respective legal representatives, successors, and assigns. 9 6) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7) Adjudication of Disputes or Disagreements. County and Motorola Solutions agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The County and Motorola Solutions representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. 8) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Motorola Solutions agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Motorola Solutions specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;9)The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 10) Covenant of No Interest. County and Motorola Solutions covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 10 11) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 12) Public Records Compliance. Motorola Solutions must comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Motorola Solutions shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Motorola Solutions in conjunction with this contract and related to contract performance. The County shall not have the right to access proprietary or confidential information. The County shall have the right to unilaterally cancel this contract upon violation of this provision by Motorola Solutions. Failure of Motorola Solutions to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Motorola Solutions is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Motorola Solutions is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer,at no cost,to the County all public records in possession of Motorola Solutions or keep and maintain public records that would be required by the County to perform the service. If Motorola Solutions transfers all public records to the County upon completion of the contract, Motorola Solutions shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Motorola Solutions keeps and maintains public records upon completion of the contract, Motorola Solutions shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify Motorola Solutions of the request, and Motorola Solutions must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If Motorola Solutions does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by Motorola Solutions. An entity who fails to 11 provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Motorola Solutions shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF MOTOROLA SOLUTIONS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MOTOROLA SOLUTIONS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 13) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Motorola Solutions in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. 14) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 15) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 16) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Motorola Solutions agree that neither the County nor Motorola Solutions nor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 12 17) Attestations. Motorola Solutions agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 18) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Monroe County Tit e Assistant County Adminstrator Date 09.24.2024 Al" PROVE FORM 7 d,naaa: . P. O.J. ACC _.:. - Motorola Solutions A 8t T UNTY ATTORNEY Date 9-23-24 eitaw .4twdica Cindee Markes 13 MOTOROLA SOLUTIONS Statement of Work Service From The Start (SFS) SFS Comprehensive 1.0 Description Service From The Start(SFS)Comprehensive provides all-component level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work (SOW) is attached or any of the agreement's subsequent revisions. Services are performed at the Radio Support Center(RSC),or Federal Technical Support Center. SFS Comprehensive is only applicable on XTS,XTL,APX and some MOTOTRBO model radios.A radio model may be added to an SFS Comprehensive service agreement while it is currently being manufactured by Motorola,or for up to one (1)year after manufacturer cancellation date of said model. SFS Comprehensive includes: A. Repair and or replacement of cracked housings, frames,covers,crushed components, shields,missing components,circuit boards,warped circuit boards B. Damage to LCD screens(cracks to screen, or any damage that does not pass Motorola test parameters) C. Damaged foils/traces/lands D. Electrical damage E. Water/chemical corrosion F. Contaminants visible which cannot be cleaned up reliably The customer will incur additional charges at the prevailing rates for any of the following activities,which are NOT covered under SFS Comprehensive: A. Replacement of consumable parts or accessories,as defined by product, such as batteries,antennas, and other similar items B. Damages from natural or man-made disasters where normal use of the product was not a factor, such as but not limited to fire,theft, and floods that would cause internal and external component damage or destruction. C. Non-remedial work,such as but not limited to firmware or protocol upgrades, reprogramming,and product configuration D. Repair of non-covered products E. Damages caused by using the device outside of the product's operational and environmental specifications F. Damages caused as a result of the device being modified or repaired by a third party Motorola reserves the right to monitor the customer's repair history under this SFS Comprehensive service agreement. Motorola may take appropriate action if the customer's repair history under this SFS Comprehensive service appears to be in violation of this Statement of Work. MOTOTRBO,XTS,XTL and APX model radios that are presently on a standard service agreement may be transferred to an SFS Comprehensive service agreement. These transferred units must either be models that are currently being manufactured by Motorola or models where manufacturing by Motorola was canceled within the prior 364 days. Customers who wish to add MOTOTRBO,XTS,XTL and APX model radios that are currently being manufactured by Motorola that are not presently on a standard service agreement must be operating in accordance with Motorola specifications,and are not damaged. if Customer attempts to add radios to the SFS Service Agreement that are not operating in accordance with Motorola specifications or are damaged,Motorola may either terminate the Service Agreement,as provided in the Service Terms and Conditions,or in its sole discretion, Motorola may terminate just those services covered by this SFS Comprehensive Statement of Work. Motorola recommends a Preventative Maintenance check be completed on radios that are not currently under an SFS service agreement so the customer can confirm radios are operational and aligned with Motorola specifications, and are not damaged. 14 In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start Comprehensive includes single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. SFS Comprehensive excludes repairs to: optional accessories; standard mobile palm microphones;non-standard mobile microphones;iDEN mobile microphones;portable remote speaker microphones; optional or additional control heads; mobile external speakers;mobile power and antenna cables; and power supplies.Engraving service is not covered under SFS Comprehensive. SFS Comprehensive is non-cancelable and non-refundable.If Equipment is added to the agreement subsequent to the Start Date,these units are also non-cancelable and non-refundable for the agreement duration.Equipment may only be added to the agreement,via a customer signed or emailed Motorola Inventory Adjustment Form(IAF). Complete and accurate serial numbers and model descriptions must be supplied. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the 1 st of the following month.Equipment add-on requests received after the 15th of the month will be effective the 1 st of the next succeeding month. Equipment deletions from the agreement may only be deleted under the following limited conditions: a) Equipment was stolen and proof of theft is provided to Motorola;or b) Motorola determines Equipment is damaged beyond repair;or c) Motorola determines Equipment is no longer supportable or is obsolete; or d) Equipment had already been under a previous contract for at least the twelve month requirement. Equipment deletions,where applicable,will be effective at the end of the month in which the request was received. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable agreement and this Statement of Work, the provisions of this Statement of Work shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual(FM),and Mine Hazard Safety Association(MHSA). 2.2 Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup..If the Customer template is not usable,a generic template or code plug utilizing the latest Radio Service Software(RSS)or Customer Programming Software(CPS)version for that Equipment will be used. The Equipment will require additional programming by the Customer to restore the original template. All Firmware is upgraded to the latest release for each individual product line. 2.3 Clean external housing of the Equipment.External components of unit will only be replaced when functionality has been diminished. 2.4 Replace currently manufactured Equipment if it is determined that the Equipment is unrepairable.Motorola will contact the customer to inform them if Equipment needs to be replaced and that the cycle time may be increased because of the replacement.If unrepairable Equipment is no longer manufactured, the Customer will have the option of having the radio returned unrepaired to them. 2.5 Pay the outbound freight charges.Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 2.6 Provide Customer with the Motorola repair request form and Inventory Adjustment Form(IAF). 2.7 Perform covered services as requested by Customer on the Motorola repair request form. 2.8 Process inventory adjustment requests received by email or fax from Customer.If the request is received by email,Motorola will email an acknowledgement to the sender. 2.9 If applicable,notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.I Supply Motorola complete and accurate serial numbers and model description. 3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping 3.3 Access the Motorola repair request form and Inventory Adjustment Form(IAF)through Motorola On Line. 3.4 Initiate service request via Motorola On Line or complete a Motorola repair request form with contract number referenced,and submit it with each unit of Equipment sent in for service.Mobile control heads or palm microphones sent in must reference the serial number of the main unit. 15 3.5 If desired, supply Motorola with a backup Software template or programming in order to assist in returning the Equipment to original operating parameters. This step must be completed for Equipment that will not power up. If applicable,record the current flashcode for each radio. 3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition,Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.7 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this L' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT a NAME: Aon Risk services central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 d Chicago IL office (A/C.No.Ext): (A/C.No.): a 200 East Randolph E-MAIL p Chicago IL 60601 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC q INSURED INSURER A: Liberty Insurance corporation 42404 Motorola solutions, Inc. INSURER B: Liberty Mutual Fire Ins Co 23035 Attn Stephanie Lampi SOO West Monroe INSURER C: Chicago IL 60661 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:5701 071 71 744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY Y TB26410OS169074 07 Ol 2024 07 01 2025 EACH OCCURRENCE $S,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED $S,000,000 PREMISES fEa occurrence MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $S,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $S,000,000 r X POLICY PRO- ❑LOC PRODUCTS-COMP/OP AGG $S,000,000 a OTHER: LUJ B Y As2-641-005169-014 07/01/2024 07/01/2025 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,OOO,OOO Ea accident X ANYAUTO BODILY INJURY(Per person) C Z OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE U ONLY AUTOS ONLY (Per accident — 41 UMBRELLA LIAB OCCUR EACH OCCURRENCE L) EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION A WORKERS COMPENSATION AND Y WA764DOOS169084 07/01/2024 07/01/2025 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY ER v/N All other States ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $SOO,OOO A OFFICER/MEMBER EXCLUDED? F9 NIA WC7641005169094 07/01/2024 07/01/2025 (Mandatory in NH) WI E.L.DISEASE-EA EMPLOYEE $S00,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $SO0,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe county Board of commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. A waiver of Subrogation is granted in favor of Monroe county Board of commissioners in accordance with the policy provisions of the workers' compensation policy. CERTIFICATE HOLDER CANCELLATION DATa 1024 D SHOULD ANY OF THE ABOVE DESCRIE r-u +rc, EXPIRATION DATE THEREOF, NOTICE WIL POLICY PROVISIONS. _y Monroe County Board of AUTHORIZED REPRESENTATIVE r county commissioners 1100 Simonton street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD