HomeMy WebLinkAbout20103179.tiff WELD COUNTY E-911 EMERGENCY TELEPHONE
SERVICE AUTHORITY BOARD
November 16th, 2010
The Weld County E-911 Emergency Telephone Service Authority Board met in session
on Tuesday,November 16th, 2010 at noon.
ROLL CALL:
The meeting was called to order by Chairperson Juan Cruz. Present were Board
Members Juan Cruz, Mitch Wagy, Kevin Halloran, Doug Rademacher, Gary Sandau and
Randy Winsett. Jim Burack was excused absent. Staff members present included Dave
Mathis, Anita Scrams, Robert Olsen and Susan Johnson. Andy Bellendir and Ron
Painchaud (Motorola) and Brooke Petersen (GPD Budget Analyst) were also present. A
quorum existed.
MINUTES:
Doug Rademacher moved, Kevin Halloran seconded a motion to approve the minutes of
the October 19th, 2010 meeting, the motion was approved unanimously.
PUBLIC COMMENTS:
The public was invited to comment on business of the E-911 Board, no comments heard.
OLD BUSINESS:
1. Staff Report: Dave Mathis presented Dispatch stats for October 2010 [refer to
Sgt. Mathis' "October 2010 WCRCC Monthly Reports'''.
• Dave attached a graph to the October report which showed that call processing
times increase significantly when new dispatchers or dispatchers in training
are working. He expressed concern that several of our dispatchers are
applying at other centers because the pay at our center is lower than other
centers. He has requested a salary comparison survey, which will be
presented to the board.
2. CAD RFP Update: Contract negotiations are taking place with the CAD vendor
Spillman. Anita, Patty Stokes, the City Attorney, County Attorney and Juan Cruz
will meet this afternoon to resolve contract concerns.
3. MDT use/Push to Talk Report: Dave reported on the impact the recent MDT
server failure had on the Communications Center. Comparing radio push to talk
statistics the two weeks prior to the MDTs being down to the two weeks MDTs
were down, overall push to talks were up 52%. The law clearance channel
activity was up 92%, primary law talk groups were up 46%. Ambulance talk
group activity was not yet available. This information will be forwarded to the
Weld County police and fire chiefs. MDTs are not just an officer convenience;
they directly affect Communication Center activity.
_)7C/G Si 77
NEW BUSINESS:
1. Treasurer Reports: Randy Winsett presented the October 2010 Treasurer's
Report. Intrado account information was not available. Doug Rademacher
moved, Gary Sandau seconded a motion to approve the Treasurer's Report,
motion carried unanimously.
PUBLIC HEARING 2011 Budget:
Chairman Cruz announced the 2011 Public Budget hearing. The E-911 Public Budget
Hearing had also been advertised in the paper, on the internet via the City and County
websites, and the information was posted in the Law Admin Building public lobby.
There were no public attendees.
The final budget had been corrected to include last month's additions and corrections.
The board discussion:
• Randy Winsett asked for clarification on overtime. Dave explained that he
routinely budgets for vacancies/possible turnover-which may or may not be
needed. The overtime budget includes funds to staff the 12-hour shifts and for
dispatcher training when the new CAD system is introduced.
• Doug Rademacher asked what was included under supplies. Juan Cruz
answered that it included food, printing and reproduction, publications and
subscriptions, promotional materials for PR events.
• Doug Rademacher asked Anita to report on the recent console survey. She did
not have a recommendation for the Board. She stated the current consoles
will be supported by Motorola another 6-7 years, but that replacing them now
would be a cost savings over replacing them down the road. Andy Bellendir
and Ron Painchaud (Motorola) explained that the Gold Elites will be sold
another year and supported for another 6 years; however the parts may not be
around to fix them. The main communications center also needs to add 2
consoles, plus 3 are needed at the back-up center. Recording capability will
improve when consoles are upgraded.
Doug Rademacher moved, Kevin Halloran seconded a motion to adopt the 2011 budget
as presented. Roll Call vote: Juan Cruz, yes; Mitch Wagy, yes; Kevin Halloran, yes;
Doug Rademacher, yes;Gary Sandau, yes; and Randy Winsett yes. Motion carried
unanimously.
2. Motorola Console Upgrade Proposal: Chairman Cruz sent board members a copy of
the Motorola console upgrade proposal dated October 2, 2009. Motorola confirmed that
they would be unable to hold the proposed pricing beyond December 10, 2010. After
board discussion, Doug Rademacher moved, Gary Sandau seconded a motion to approve
the Motorola agreement with the 3-year warranty contingent on the approval of the
County Attorney. Roll Call vote: Juan Cruz, yes; Mitch Wagy, yes; Kevin Halloran, yes;
Doug Rademacher, yes;Gary Sandau, yes; and Randy Winsett yes. Motion carried
unanimously.
No further business was discussed, Doug Rademacher moved to adjourn, Kevin Halloran
seconded the motion. Motion carried unanimously, the meeting adjourned at 11:40 a.m.
The board will only meet as needed in December.
Minutes taken by Susan Johnson
STATE OF COLORADO
Taxpayer Service Division �x
Department of Revenue
1375 Sherman Street
Denver CO 80261 t:‘-121 e'
Phone(303)205-8216
November 19,2010 Bill Rifer
Governor
Roxanne Huber
TO: Colorado 911 Emergency Service Authorities Executive Director
FROM: Sandra Wiersma,Colorado Department of Revenue Richard Giardini
Director
RE: E911 Account Setup
Please find enclosed the Department of Revenue form(DR 101 I)for authorization of automatic deposits. As you are
aware,on January 1,2010 the E911 prepaid wireless surcharge will be implemented in Colorado. The Department
is preparing for this program and to ensure timely distribution, information from your governing body is required.
As per the request of the PUC, all disbursements from the collected surcharge will be sent electronically.
Please fill out this form and return it to my attention as soon as possible. The Department will assign the account
number but all other information requested on this form must be completed.To set up an account for your governing
body in our system, we need the following information sent by November 30:
E911 check box
Entity Name
Federal EIN Number
Mailing Address
Street Address
City, State and Zip
This information can be faxed to(303)205-8215 by November 30, if the entire form cannot be completed. If all the
required information is available,please send the completed form,along with a deposit slip and authorized
signatures to the address below:
Sandra Wiersma
Taxpayer Services
1375 Sherman St. Room 202
Denver, CO 80216
All forms must be completed and mailed to the Department by December 17`h.
Thank you for your assistance and if you have any questions,please contact me at(303)205-8216.
SEND Protocol Implementation
WCRCC will begin using the SEND Protocol sometime in the next couple of months
to comply with ACE Accreditation requirements.
What this means to Dispatch —
✓ Dispatchers will be required to create an EMD code for every medical
call for service requested by officers over the radio.
What this means for officers in the field —
✓ Officers can expect to answer one or two follow up questions from their
dispatcher when requesting a medical response.
*(There may be times where it won't be necessary due to info already provided by
the officer or the circumstances of the call itself.)
**NOTE: This WILL NOT DELAY a fire/ambulance response; the RA (request for
medical assistance) request will already have been entered.
S.John Kelly Vet' ',1Wfreless
Sr.Counsel-Tax
Legal Department Verizon Wireless
One Verizon Way
Mail Stop Code VC52S222
Basking Ridge,NJ 07920-1097
Phone(908)559-7402
Fax(908)559-7113
Mobile(908)675-7527
siohn.kelly@verizonwireless.com
December 08,2010
Captain Juan Cruz
Chairperson
Weld 911 Emergency Telephone Service Authority Board
City of Greeley Police Department
2875 W. 10th ST
Greeley, Colorado 80634-5424
juan.cruz@greelevpd.com
970-350-9663
Re—Verizon Wireless Collection of Weld County 911 Fee
Dear Captain Cruz,
In your November 10, 2010 letter to Verizon Wireless, you alerted Verizon Wireless to a
possible error that Verizon Wireless may be making in collecting 911 fees for Weld County. I
reviewed the issue and discovered Verizon Wireless did indeed make a five cent error. Verizon
Wireless has charged Weld County residents 75 cents per line in 911 fees, when the correct
charge is only 70 cents per line per month. I also confirmed that Verizon Wireless did not keep
the extra five cents, but paid over the extra five cents, along with the correct 70 cent charge, to
the Weld County 911 Board.
How Verizon Wireless Will Correct the Error
On December 1, 2010, Verizon Wireless corrected its billing records and all Weld County
residents are now being charged the correct 70 cents per line 911 fee. Customers will notice the
change when they receive their Verizon Wireless bill in December.
During our December 1st call, you told me that you would rather have Verizon Wireless handle
all the customer refunds rather than have customers individually ask the 911 Board for a five
cent per line refund. Verizon Wireless is reviewing its records so it can give customers the
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correct refund. In a few months time, I anticipate that Verizon Wireless will give existing
customers a credit on their bill for the extra five cents charge.
Once Verizon Wireless has refunded all the five-cent overcharges back to customers, Verizon
Wireless will ask the Weld County 911 Board to refund to Verizon Wireless the money that
Verizon Wireless refunded to customers. To minimize the financial effects of the refund to the
Board, Verizon Wireless will work with the Board to design a refund process that will allow the
Board to repay Verizon Wireless over a several month period. In short order, I will send you our
calculation of the amount that will be refunded to customers.
I want to thank you and the Weld County 911 Board for assisting Verizon Wireless in correcting
this situation and putting the Board and customers back in their respective proper positions.
During the refund process,if you have any questions,please do not hesitate to give me a call.
Very truly yours
. J Kelly
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Communications System Agreement
Motorola, Inc. ("Motorola") and Weld County E-911 Authority Board ("Customer") enter into
this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System, as
described below. Motorola and Customer may be referred to individually as a "Party" and collectively as
the"Parties." For good and valuable consideration, the Parties agree as follows:
Section 1 EXHIBITS
The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this
Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the
exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order.
Exhibit A Motorola"Software License Agreement"
Exhibit B "Payment Schedule"
Exhibit C "Technical and Implementation Documents"for MCC7500 Dispatch Console Project— 15
Positions for Greeley Police Department
C-1 "System Description"dated_October 2, 2009_
C-2 "Equipment List"dated October 2, 2009_
C-3 "Statement of Work"dated October 2, 2009_
C-4 "Acceptance Test Plan"or"ATP"dated_October 2, 2009
C-5 "Performance Schedule"dated October 2, 2009
Exhibit D Service Statement(s) of Work and "Service Terms and Conditions"_October 2, 2009
Exhibit E "System Acceptance Certificate"
Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
2.1. "Acceptance Tests"means those tests described in the Acceptance Test Plan.
2.2. "Administrative User Credentials"means an account that has total access over the operating
system,files, end user accounts and passwords at either the System level or box level. Customer's
personnel with access to the Administrative User Credentials may be referred to as the Administrative
User.
2.3. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational
purposes (excluding training or testing).
2.4. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or
machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being
confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time
of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information
does not include any information that: is or becomes publicly known through no wrongful act of the
receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or
becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any
obligation restricting disclosure; is independently developed by the receiving Party without breach of this
Agreement;or is explicitly approved for release by written authorization of the disclosing Party.
2.5. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and
freight charges.
2.6. "Effective Date" means that date upon which the last Party executes this Agreement.
2.7. "Equipment" means the equipment that Customer purchases from Motorola under this
Agreement. Equipment that is part of the System is described in the Equipment List.
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2.8. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's
reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes
or other labor disturbances, hurricanes, earthquakes,fires,floods, epidemics, embargoes, war, and riots).
2.9. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by
Motorola or the Motorola Software directly infringes a United States patent or copyright.
2.10. "Motorola Software" means Software that Motorola or its affiliated company owns.
2.11. "Non-Motorola Software" means Software that another party owns.
2.12. "Open Source Software"(also called "freeware"or"shareware") means software that has its
underlying source code freely available to evaluate, copy, and modify.
2.13. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets,
trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the
Equipment and Software, including those created or produced by Motorola under this Agreement and any
corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software
whether made by Motorola or another party.
2.14. "Software" means the Motorola Software and Non-Motorola Software, in object code format that
is furnished with the System or Equipment.
2.15. "Specifications" means the functionality and performance requirements that are described in the
Technical and Implementation Documents (Exhibit C).
2.16. "Subsystem" means a major part of the System that performs specific functions or operations.
Subsystems are described in the Technical and Implementation Documents.
2.17. "System" means the Equipment, Software, and incidental hardware and materials that are
combined together into an integrated system; the System is described in the Technical and
Implementation Documents.
2.18. "System Acceptance" means the Acceptance Tests have been successfully completed.
2.19. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use,
whichever occurs first.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other
contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual
responsibilities in accordance with this Agreement.
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this
Agreement. If a requested change causes an increase or decrease in the cost or time required to
perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price,
Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is
obligated to perform requested changes unless both Parties execute a written change order.
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by
mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues
until the date of Final Project Acceptance or expiration of the Warranty Period,whichever occurs last.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date,
Customer may order additional Equipment or Software if it is then available. Each order must refer to this
Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary
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terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of
title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the
purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment
will pass at shipment, warranty will commence upon delivery, and payment is due within twenty (20) days
after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or
Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online
("MOL"), and this Agreement will be the "Underlying Agreement" for those MOL transactions rather than
the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at
http://www.motorola.com/businessandoovernment/and the MOL telephone number is (800) 814-0601.
3.5. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services,
Motorola will provide maintenance services for the Equipment and support for the Motorola Software
pursuant to the Statement of Work set forth in Exhibit D. Those services and support are included in the
Contract Price. If Customer wishes to purchase additional maintenance and support services for the
Equipment during the Warranty Period, or any maintenance and support services for the Equipment
either during the Warranty Period or after the Warranty Period, the description of and pricing for the
services will be set forth in a separate document. If Customer wishes to purchase extended support for
the Motorola Software after the Warranty Period, it may do so by ordering software subscription services.
Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those
maintenance, support or software subscription services will be Motorola's standard Service Terms and
Conditions, together with the appropriate statements of work.
3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to
Customer solely in accordance with the Software License Agreement. Customer hereby accepts and
agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.7. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in
accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date
unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software
pursuant to the Software License Agreement, in which case it applies and the copyright owner will have
all of Licensor's rights and protections under the Software License Agreement. Motorola makes no
representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may
include Open Source Software. All Open Source Software is licensed to Customer in accordance with,
and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not
the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable
efforts to determine whether any Open Source Software will be provided under this Agreement; and if so,
identify the Open Source Software and provide to Customer a copy of the applicable standard license (or
specify where that license may be found); and provide to Customer a copy of the Open Source Software
source code if it is publicly available without charge (although a distribution fee or a charge for related
services may be applicable).
3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment,
Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications
and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options"
exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit.
During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one
(1) year after the Effective Date), Customer has the right and option to purchase the equipment, software,
and related services that are described in the Priced Options exhibit. Customer may exercise this option
by giving written notice to Seller which must designate what equipment, software, and related services
Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and
conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain
provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer
delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific
lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules,
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payment terms, maintenance and support provisions, additions to or modifications of the Software
License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule.
By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 5 CONTRACT PRICE, PAYMENT AND INVOICING
5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is as follows:
Base Price (one year warranty) $ 1,836,448.00
Option 1 (add second year warranty) $ 1,930,166.00
Option 2 (add third year warranty) $2,028,570.00
The Contract Price is the Base Price, unless Customer chooses to purchase Option 1 or Option 2.
The Customer hereby chooses to purchase (initial one choice):
Option 1
Option 2
If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the
services, Software, and Equipment as an integrated system. A reduction in Software or Equipment
quantities, or services, may affect the overall Contract Price, including discounts if applicable.
5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the
Payment Schedule. Except for a payment that is due on the Effective Date, Customer will make
payments to Motorola within twenty (20) days after the date of each invoice. Customer will make
payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial
institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the
Federal Tax Identification Number for Motorola, Inc. is 36-1115800.
5.3. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the
invoices. Title to the Equipment will pass to Customer upon shipment. Title to Software will not pass to
Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the
Customer. Motorola will pack and ship all Equipment in accordance with good commercial practices.
5.4. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following
address:
The address which is the ultimate destination where the Equipment will be delivered to Customer is:
The Equipment will be shipped to the Customer at the following address (insert if this information is
known):
Customer may change this information by giving written notice to Motorola.
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Section 6 SITES AND SITE CONDITIONS
6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement,
Customer will provide a designated project manager; all necessary construction and building permits,
zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and
mounting locations; and access to the work sites or vehicles identified in the Technical and
Implementation Documents as reasonably requested by Motorola so that it may perform its duties in
accordance with the Performance Schedule and Statement of Work. If the Statement of Work so
indicates, Motorola may assist Customer in the local building permit process.
6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and
in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the
Statement of Work states to the contrary, Customer will ensure that these work sites have adequate:
physical space; air conditioning and other environmental conditions; adequate and appropriate electrical
power outlets, distribution, equipment and connections; and adequate telephone or other communication
lines (including modem access and adequate interfacing networking capabilities), all for the installation,
use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola
will inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the
requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the
version of E.I.A. standard RS-222 in effect on the Effective Date.
6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation
Documents are no longer available or desired, or if subsurface, structural, adverse environmental or
latent conditions at any site differ from those indicated in the Technical and Implementation Documents,
the Parties will promptly investigate the conditions and will select replacement sites or adjust the
installation plans and specifications as necessary. If change in sites or adjustment to the installation
plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend
the Contract Price, Performance Schedule, or both, by a change order.
Section 7 TRAINING
Any training to be provided by Motorola to Customer will be described in the Statement of Work.
Customer will notify Motorola immediately if a date change for a scheduled training program is required.
If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30)
days before its scheduled start date, Motorola may recover these additional costs.
Section 8 SYSTEM ACCEPTANCE
8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten
(10) days notice before the Acceptance Tests commence. System testing will occur only in accordance
with the Acceptance Test Plan.
8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the
Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly
executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for
individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will
occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the
Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes
the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice
that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice
within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to
have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System
that do not materially impair the operation of the System as a whole will not postpone System Acceptance
or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation
and testing responsibilities may be impeded if Customer begins using the System before System
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Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without
Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not
responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon
commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the
System.
8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance
when all deliverables and other work have been completed. When Final Project Acceptance occurs, the
parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
Section 9 REPRESENTATIONS AND WARRANTIES
9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance
with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever
occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System
performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is
attached to or used in connection with the System or for reasons or parties beyond Motorola's control,
such as natural causes; the construction of a building that adversely affects the microwave path reliability
or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference
or intermodulation; or Customer changes to load usage or configuration outside the Specifications.
9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment
under normal use and service will be free from material defects in materials and workmanship. If System
Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within
Customer's control, this warranty expires eighteen (18) months after the shipment of the Equipment.
9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License
Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the
terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the
Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the
Motorola Software by events or causes within Customer's control, this warranty expires eighteen (18)
months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A
SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A
PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END
USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO
THE END USER OF EACH SUCH PRODUCT.
9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These
warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola
Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of
God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not
provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and
OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or
workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries
(because they carry their own separate limited warranty) or consumables; (v) freight costs to ship
Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does
not affect the operation of the Equipment; and (vii) normal or customary wear and tear.
9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of
the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will
investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its
option and at no additional charge to Customer) repair the defective Equipment or Motorola Software,
replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola
Software. That action will be the full extent of Motorola's liability for the warranty claim. If this
investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding
to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced
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product is warranted for the balance of the original applicable warranty period. All replaced products or
parts will become the property of Motorola.
9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by
Motorola to the original user purchasing the System for commercial, industrial, or governmental use only,
and are not assignable or transferable.
9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS
AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Section 10 DELAYS
10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if
caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay
performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers
the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the
Performance Schedule for a time period that is reasonable under the circumstances.
10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its
other contractors) delays the Performance Schedule, it will make the promised payments according to the
Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the
Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred
because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for
additional freight, warehousing and handling of Equipment; extension of the warranties; travel;
suspending and re-mobilizing the work; additional engineering, project management, and standby time
calculated at then current rates; and preparing and implementing an alternative implementation plan.
Section 11 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a
"Dispute").
11.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the
laws of the State in which the System is installed.
11.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice
of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good
faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle
the Dispute and who are at a higher level of management than the persons with direct responsibility for
the matter and 2) direct communication between the executives. If the Dispute has not been resolved
within ten (10)days from the Notice of Dispute, the Parties will proceed to mediation.
11.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice
to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to
the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request
that American Arbitration Association nominate a mediator. Each Party will bear its own costs of
mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the
mediation in good faith and will be represented at the mediation by a business executive with authority to
settle the Dispute.
11.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days
after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent
jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the
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exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection
with this Agreement.
11.5. CONFIDENTIALITY. All communications pursuant to subsections 11.2 and 11.3 will be treated
as compromise and settlement negotiations for purposes of applicable rules of evidence and any
additional confidentiality protections provided by applicable law. The use of these Dispute resolution
procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the
rights of either Party.
Section 12 DEFAULT AND TERMINATION
12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this
Agreement, the other Party may consider the non-performing Party to be in default (unless a Force
Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written
and detailed notice of default. Except for a default by Customer for failing to pay any amount when due
under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days
after receipt of the notice of default to either cure the default or, if the default is not curable within thirty
(30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan
immediately after receipt of notice by the other Party that it approves the plan. If Customer is the
defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan.
12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section
12.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of
this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-
defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates
this Agreement as permitted by this Section, and completes the System through a third Party, Customer
may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to
a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price.
Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges.
Section 13 INDEMNIFICATION
13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless
from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death,
or direct damage to tangible property which may accrue against Customer to the extent it is caused by
the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties
under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit.
Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets
forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way
related to Motorola's performance under this Agreement.
13.2. GENERAL INDEMNITY BY CUSTOMER. Deleted.
13.3. PATENT AND COPYRIGHT INFRINGEMENT.
13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on
a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software
("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim").
Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in
writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all
negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if
requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to
Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally
awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in
writing, by Motorola in settlement of an Infringement Claim.
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13.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its
option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b)
replace or modify the Motorola Product so that it becomes non-infringing while providing functionally
equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for
the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be
calculated based upon generally accepted accounting standards.
13.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon:
(a) the combination of the Motorola Product with any software, apparatus or device not furnished by
Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to
or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in
accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement
would not have occurred without such designs, specifications, guidelines or instructions; (d) a
modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a
manner for which the Motorola Product was not designed or that is inconsistent with the terms of this
Agreement; or (f)the failure by Customer to install an enhancement release to the Motorola Software that
is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its
indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the
Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived
by Motorola from Customer from sales or license of the infringing Motorola Product.
13.3.4. This Section 13 provides Customer's sole and exclusive remedies and Motorola's entire liability in
the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to
provide any other or further remedies, whether under another provision of this Agreement or any other
legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies
provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14.
Section 14 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty,
negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages
recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to
which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES,
PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE
OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA
PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or
termination of the Agreement and applies notwithstanding any contrary provision. 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.
Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS
15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide
each other with Confidential Information. To the extent allowed under Colorado law each Party will:
maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third
party, except as authorized by the disclosing Party in writing or as required by a court of competent
jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know"
and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to
guard the confidentiality of the Confidential Information, including informing its employees who handle the
Confidential Information that it is confidential and is not to be disclosed to others, but these precautions
will be at least the same degree of care that the receiving Party applies to its own confidential information
and will not be less than reasonable care; and use the Confidential Information only in furtherance of the
performance of this Agreement. Confidential Information is and will at all times remain the property of the
disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended,
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including any express or implied license, other than the limited right of the recipient to use the
Confidential Information in the manner and to the extent permitted by this Agreement.
15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party
manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain
all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is
intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by
Motorola in connection with providing to Customer the Equipment, Software, or related services remain
vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development
rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola
does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or
interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components,
decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create
derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell
or export the Software, or permit or encourage any third party to do so. The preceding sentence does not
apply to Open Source Software which is governed by the standard license of the copyright owner.
Section 16 GENERAL
16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other
taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola
is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to
Motorola the amount of the taxes (including any interest and penalties) within twenty (20) days after the
date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property
tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.
16.2. ASSIGNABILITY AND SUBCONTRACTING. 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.
Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under
this Agreement.
16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will
not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a
writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either
a future or continuing waiver of that same right or power, or the waiver of any other right or power.
16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or
unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and
effect.
16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an
independent contractor. The Parties and their personnel will not be considered to be employees or
agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right
or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or
be interpreted as a joint venture, partnership or formal business organization of any kind.
16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are
inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of
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the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in
accordance with its terms and conditions and not for or against either Party.
16.7. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement
of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements,
proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement
may be amended or modified only by a written instrument signed by authorized representatives of both
Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment
or other form will not be considered an amendment or modification of this Agreement, even if a
representative of each Party signs that document.
16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be
in writing and either personally delivered or sent to the address shown below by certified mail, return
receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express,
UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt:
Motorola, Inc. Customer
Law Department, Attn: Richard Heller Attn: Dave Mathis
1301 E. Algonquin Road Weld County E-911 Authority Board
Schaumburg. IL 60196 1950 O Street.Greeley,CO 80631
fax: 847-576.0721 fax: 970-350.9655
16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal,
state, and local laws, regulations and rules concerning the performance of this Agreement or use of the
System. Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses
and authorizations required for the installation, operation and use of the System before the scheduled
installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC
license applications, neither Motorola nor any of its employees is an agent or representative of Customer
in FCC or other matters.
16.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all
necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties
under this Agreement;the person executing this Agreement on its behalf has the authority to do so; upon
execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in
accordance with its terms; and the execution, delivery, and performance of this Agreement does not
violate any bylaw, charter, regulation, law or any other governing authority of the Party.
16.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. Motorola will provide Customer with
Administrative User Credentials. Customer agrees to only grant Administrative User Credentials to those
personnel with the training or experience to correctly use the access. Customer is responsible for
protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among
other things, updating passwords when required. Customer may be asked to provide valid Administrative
User Credentials when in contact with Motorola System support. Customer understands that changes
made as the Administrative User can significantly impact the performance of the System. Customer
agrees that it will be solely responsible for any negative impact on the System or its users by any such
changes. System issues occurring as a result of changes made by an Administrative User may impact
Motorola's ability to perform its obligations under the Agreement or its Maintenance and Support
Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the
Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues
caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will
be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the
issue.
16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this
Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any
payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection
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9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and
Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola, Inc. Customer
By: By:
Name: Name:
Title: Title:
Date: Date:
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Exhibit A
SOFTWARE LICENSE AGREEMENT
This Exhibit A Software License Agreement ("Agreement") is between Motorola, Inc., ("Motorola"), and
Weld County E-911 Authority Board ("Licensee").
For good and valuable consideration,the parties agree as follows:
Section 1 DEFINITIONS
1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which
the Software and Documentation is licensed for use.
1.2 "Documentation" means product and software documentation that specifies technical and
performance features and capabilities, and the user, operation and training manuals for the Software
(including all physical or electronic media upon which such information is provided).
1.3 "Open Source Software" means software with either freely obtainable source code, license for
modification, or permission for free distribution.
1.4 "Open Source Software License" means the terms or conditions under which the Open Source
Software is licensed.
1.5 "Primary Agreement" means the agreement to which this exhibit is attached.
1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design,
implementation, or internal controls that could be exercised (accidentally triggered or intentionally
exploited) and result in a security breach such that data is compromised, manipulated or stolen or the
system damaged.
1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de-
compilations, disassemblies, emulations, or derivative works of such software; (ii) means any
modifications, enhancements, new versions and new releases of the software provided by Motorola; and
(iii) may contain one or more items of software owned by a third party supplier. The term "Software"does
not include any third party software provided under separate license or third party software not licensable
under the terms of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain
proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This
Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and
Licensee's use of the Software and Documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola
grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-
exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary
Agreement) embodied in the Software to use the Software, in object code form, and the Documentation
solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any
rights to source code.
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software,
the terms and conditions governing the use of such Open Source Software are in the Open Source
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Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms
and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses
governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of
the applicable Open Source Software Licenses will take precedence over the license grants in this
Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine
whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source
Software and provide Licensee a copy of the applicable Open Source Software License (or specify where
that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code,
without charge, if it is publicly available (although distribution fees may be applicable).
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in
accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting
the general nature of these restrictions, Licensee will not make the Software available for use by third
parties on a "time sharing," "application service provider," or "service bureau" basis or for any other
similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer,
disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to
a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create
derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or
Documentation to any third party, grant any sublicense or other rights in the Software or Documentation
to any third party, or take any action that would cause the Software or Documentation to be placed in the
public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of
Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or
Documentation available to, or permit the use of the Software by any third party or on any machine
except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a
manner that would result in the production of a copy of the Software solely by activating a machine
containing the Software. Licensee may make one copy of Software to be used solely for archival, back-
up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at
the same time as the original Software is being operated. Licensee may make as many copies of the
Documentation as it may reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow
any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated
Product; or(ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other
device. Licensee may temporarily transfer Software installed on a Designated Product to another device
if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola
of the temporary transfer and identifies the device on which the Software is transferred. Temporary
transfer of the Software to another device must be discontinued when the original Designated Product is
returned to operation and the Software must be removed from the other device. Licensee must provide
prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4. When using Motorola's Radio Service Software ("RSS"), Licensee must purchase a separate
license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does
not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each
licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or
intends to use RSS upon Motorola's request.
4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter,
accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an
independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable
prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and
security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor.
Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the
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Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this
Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the
Software and Documentation, including, but not limited to, all rights in patents, patent applications,
inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating
to the Software and Documentation (including any corrections, bug fixes, enhancements, updates,
modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works
from the Software or Documentation, whether made by Motorola or another party, or any improvements
that result from Motorola's processes or, provision of information services). No rights are granted to
Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are
expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or
prepared by Motorola in connection with providing the Software, Designated Products, Documentation or
related services, remains vested exclusively in Motorola, and Licensee will not have any shared
development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of the Software warranty will be a period of ninety (90)
days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of
any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used
properly and in accordance with the Documentation and this Agreement, will be free from a reproducible
defect that eliminates the functionality or successful operation of a feature critical to the primary
functionality or successful operation of the Software. Whether a defect occurs will be determined by
Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of
the Software or the Designated Products will be uninterrupted, error-free, completely free of Security
Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular
requirements. Motorola makes no representations or warranties with respect to any third party software
included in the Software.
6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to
use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts
will involve either replacing the media or attempting to correct significant, demonstrable program or
documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable
time, then at Motorola's option, Motorola will replace the defective Software with functionally-equivalent
Software, license to Licensee substitute Software which will accomplish the same objective, or terminate
the license and refund the Licensee's paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and
all other warranties (express or implied, oral or written) with respect to the Software or Documentation,
including, without limitation, any and all implied warranties of condition, title, non-infringement,
merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows,
has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether
arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola
disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written
consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee
paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated
Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products
to a third party, Licensee may assign its right to use the Software (other than RSS and Motorola's
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FLASHport®software) which is embedded in or furnished for use with the radio products and the related
Documentation; provided that Licensee transfers all copies of the Software and Documentation to the
transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon
request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement
is signed by both parties and will continue for the life of the Designated Products with which or for which
the Software and Documentation have been provided by Motorola, unless Licensee breaches this
Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation
may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to
Motorola that all copies of the Software have been removed or deleted from the Designated Products and
that all copies of the Software and Documentation have been returned to Motorola or destroyed by
Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the
development, marketing, and distribution of the Software and Documentation and that Licensee's breach
of this Agreement will result in irreparable harm to Motorola for which monetary damages would be
inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be
entitled to all available remedies at law or in equity(including immediate injunctive relief and repossession
of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the
United States Government).
Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS
This Section applies if Licensee is the United States Government or a United States Government agency.
Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights
or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable,
unless they are being provided to the Department of Defense. If the Software and Documentation are
being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software
and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The
Software and Documentation may or may not include a Restricted Rights notice, or other notice referring
to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they
are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS
mentioned above, as applicable to the particular procuring agency and procurement transaction.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary
and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary
Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
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Motorola Contract No. 10-15179/RH
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be
construed as an admission or presumption of publication of the Software or public disclosure of any trade
secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws
and regulations of the United States and Licensee will comply with all applicable laws and regulations,
including export laws and regulations of the United States. Licensee will not, without the prior
authorization of Motorola and the appropriate governmental authority of the United States, in any form
export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or
technical data or direct or indirect products sold or otherwise furnished to any person within any territory
for which the United States Government or any of its agencies at the time of the action, requires an export
license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its
obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or
consent of Licensee.
13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent
that they apply and otherwise by the internal substantive laws of the State to which the Software is
shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of
Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts
for the International Sale of Goods do not apply. In the event that the Uniform Computer Information
Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes
applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this
Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under
this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of
Motorola and Licensee. No third party has the right to make any claim or assert any right under this
Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing,
any licensor or supplier of third party software included in the Software will be a direct and intended third
party beneficiary of this Agreement.
13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the
Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject
matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other
subject matter.
13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and
the acquisition of third party Software to limit Security Vulnerabilities. While no software can be
guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will
take the steps set forth in Section 6 of this Agreement.
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Motorola Contract No. 10-15179/RH
Exhibit B
Payment Schedule
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 and in accordance with the
following milestones.
1. 25%due upon contract execution;
2. 50%of the Contract Price upon shipment of equipment;
3. 5%of the Contract Price upon installation of equipment;
4. 5%of the Contract Price upon system acceptance or start of beneficial use; and
5. 15%of the Contract Price upon Final Acceptance.
Motorola reserves the right to make partial shipments of equipment and to request payment upon
shipment of such equipment. In addition, Motorola reserves the right to invoice for installation or civil
work completed on a site-by-site basis, when applicable.
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Motorola Contract No. 10-15179/RH
Exhibit E
System Acceptance Certificate
Customer Name:
Project Name:
This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and
Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative: Motorola Representative:
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
FINAL PROJECT ACCEPTANCE:
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other
work required for Final Project Acceptance.
Customer Representative: Motorola Representative:
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
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Motorola Contract No. 10-15179/RH
WCRCC Dispatch Salary Comparison and Proposed Salary Increase
Background
In 2010 Weld County Regional Communications Center Dispatcher I salaries ranged from
$16.69 per hour for a new hire to $23.46 for several of our most senior employees. During the
past six years the City of Greeley has provided only one moderate cost of living increase and one
merit pay increase. In 2011 the city is considering an average 1% salary increase for most
employees; however this will not affect the salary range of $16.69 to theoretical top end of
$24.92. The top end of our salary ranges have never been reached even though we have a
number of dispatchers with more than 20 years of service with our center.
We presently have thirteen (13) dispatchers, many with up to three and one half years seniority,
earning the current starting wage of$16.69 per hour. We have three other dispatchers with up to
five years seniority making only $16.84 per hour.
Four fully trained dispatchers, as of this writing, are in hiring processes with other Front Range
centers, all paying considerably higher wages. All four of these employees are in the final
background phase of this process and, if hired, will move laterally into a pay band commensurate
with their years of experience. To lose all four of these employees would be a serious blow to
our ability to efficiently and effectively provide the level of service our agencies, our customers,
have come to expect. The cost in dollars to replace and train them could be in excess of
$320,000.00. The cost in call delivery time, efficiency, and in effectiveness to our customers
will undoubtedly be substantial also.
The following table illustrates the approximate cost in training one dispatcher:
Approximate Cost to Train a Single Dispatcher
In-house Academy 200 hours $ 3,372.00
Minimum of 30 weeks of console
Training (1260 + hours) $ 21,244.00
EMD certification - 24 hours plus $550 tuition $ 1,056.00
Overtime to back fill one vacancy during
training- approx. 1830 hours @ $30.00/hour
average overtime rate $ 54,900.00
Total $ 80,572.00
1
It is important to understand that during the first 12 weeks of training a new dispatch trainee
cannot work independently at all. They are either in classroom training or in the first phase of
dispatcher training. More importantly, is the fact that during their first phase of console training
(generally call-taking or a primary dispatch channel) the efficiency of the entire center is
substantially reduced. This invariably leads to increased call processing times.
The below chart illustrates the dramatic increase in call processing times during periods when as
few as two dispatch trainees are training on call-taking and primary fire dispatching. Between
April and July of 2009 we had trainees in both call-taking and fire training (illustrated by first
big dip in call percentage). During much of 2009 we had as many as nine dispatchers training a
variety of channel assignments (second dip). Most recently we have been training only two
dispatchers, however both were training call-taking and fire dispatching at the same time due to
two vacancies in our Fire/EMS team. Call delivery time, initiate to dispatch, suffers dramatically
when dispatchers are training (third dramatic dip in call delivery percentage). Call delivery time
is one of the benchmark measures used by the National Fire Protection Association (NFPA) and
is of key importance to our fire and EMS agencies.
2009-10 Initiate to Dispatch Times
100.00%
9O00% -- - -
8000%
70.00%
60.00%.
50.00%
40.00%
30.00%
Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep Oct Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct-
09 09 09 09 09 09 09 09 09 09 09 09 10 10 10 10 10 10 10 10 10 10
When multiple dispatchers are in training the stress level of the center's staff is also elevated.
Dispatcher vacancies must be back-filled with overtime. Although occasional overtime shifts are
appreciated by some, endless months of mandatory overtime negatively affects employee morale
and increases the use of sick time — compounding the overtime issue as sick call-ins must be
covered with more overtime.
2
2010 Salary Survey
Thirteen northern Colorado Front Range emergency dispatch centers were surveyed in December
2010 regarding their salary and benefit options. These figures do not account for potential 2010
increases. In the below table we have included beginning and top end salaries for both
dispatchers and dispatch supervisors. Only two of these agencies start their new dispatchers at a
lower salary than WCRCC and only one has a lower top end than WCRCC.
As previously mentioned, even employees with more than 20 years of experience are not at our
current top end.
Salaries for North and Central Front Range Dispatch Centers
Survey Conducted December 2010
Dispatcher Supervisor
Dispatcher Starting Top Starting Supervisor Top
Adams County $17.92 $26.45 $27.50 $30.96
Aurora $15.19 $27.98 $22.24 $33.85
Boulder City $20.28 $32.46 $25.17 $40.26
Boulder County $18.51 $26.66 $25.54 $36.77
Broomfield $20.12 $26.71 $27.78 $34.70
Denver $23.99 $30.79 $23.58 $37.62
Fort Collins $19.69 $27.28 $29.48 $35.18
Glendale $18.27 $24.65 $24.51 $32.40
Lakewood $19.50 $22.50 $25.00 $32.00
Larimer County $16.56 $25.51 $24.25 $23.19
Longmont $18.28 $25.59 $23.04 $32.25
Loveland $17.31 $25.96 $23.74 $35.62
Thornton $18.75 $26.48 N/A N/A
Average $18.80 $26.85 $25.15 $33.73
Weld County $16.69 $24.92 $20.17 $30.95
Difference between
Average and Weld -12.64% -7.74% -24.69% -8.98%
3
Pay Plan Proposal
The City of Greeley uses a system based on "merit" pay increases. Based on an employee's
annual evaluation they may qualify for a merit pay increase within their pay range. One
significant down side to a merit system is that employees get left behind, especially during
periods of extended tight budgets. The long term result is a 911 dispatch center staffed by
dedicated employees who are chronically underpaid, i.e. the previous mention of numerous 20+
year employees who are not at the top of their pay range.
Below I have outlined a salary proposal with built in "step" salary increases each of seven years.
Step Pay Plan Proposal for Dispatch Employees
2 3 4 5 6 7
Start 1 Year Years Years Years Years Years Years
Hourly Salary for Trainee
(up to one year) $18.80
Dispatcher I $19.95 $21.10 $22.25 $23.40 $24.55 $25.70 $26.85
Dispatcher II (Supervisor) $25.15 $26.87 $28.59 $30.31 $32.03 $33.72
The above chart illustrates a step plan where employees who are performing up to standards
receive annual salary increases. This plan is similar to that of the Greeley Police Officers pay
plan. Dispatchers could top out in seven years and supervisors in five.
One of the four dispatchers currently in a hiring process with the Fort Collins dispatch center, if
hired, will move laterally into their pay plan. Her salary will go from $17.51 here to more than
$24.00 there. Under the above proposed plan this same dispatcher with her 5+ years of
experience would make $24.55 per hour.
Salaries for our WCRCC dispatchers and supervisors have been below par for many years.
Proposals for pay plan revisions were submitted to City of Greeley administration in both 2005
and again in 2008 due to salary deficiencies. It is understood that recent economic events have
made it difficult, even seemingly impossible some years, to provide employee raises; however,
we are now in serious jeopardy of losing quality employees en mass due to salary inequities.
The chart on the following page illustrates the additional cost the proposed pay plan would
require to implement the first year. It is substantial. Unfortunately, it is the cost of catching up
with our surrounding centers.
4
Additional Cost to Bring WCRCC Personnel up to Front-Range Parity
Supervisors
Emp. ID Date Hired Current Pay Proposed Pay Difference Cost
GP9007 120194 $33.72 S5.30 $11,024.00
GP9008 121902 $33.72 S7.54 $15,683.20
GP9020 11803 $33.72 $8.47 $17,617.60
GP9018 102104 $33.72 $8.32 $17,305.60
GP9019 40705 $33.72 $8.05 $16,744.00
GP9015 80405 $33.72 $8.72 $18,137.60
GP9026 72607 $30.31 $6.54 $13,603.20
GP9034 31710 $28.59 $4.99 $10,379.20
Average $25.41 $32.65 $7.24 $15,061.80
Dispatchers
GP9001 Jun-77 $26.85 $3.64 $7,571.20
GP9003 1/2
time May-84 $26.85 $3.39 $3,625.50
GP9005 Jun-86 $26.85 $3.39 $4,051.20
GP9006 Nov-88 $26.85 $3.45 $7,176.00
GP9011 Nov-92 $26.85 $3.51 $7,300.80
GP9012 1/2
time Apr-95 $26.85 $4.43 $4,607.20
GP9013 Jan-96 $26.85 $5.48 $11,398.40
GP9014 Jan-96 $26.85 $5.17 $10,753.60
GP9016 Oct-97 $26.85 $6.68 $13,894.40 _
GP9021 Mar-02 $26.85 $7.75 $16,120.00
GP9022 May-02 $26.85 $7.70 $16,016.00
GP9023 May-02 $26.85 $7.24 $15,059.20
GP9024 Jul-02 $26.85 $7.29 $15,163.20
GP9025 Dec-02 $26.85 $7.75 $16,120.00
GP9027 Aug-03 $26.85 $8.26 $17,180.80
GP9029 Sep-03 $26.85 $8.29 $17,243.20
GP9028 Sep-03 $26.85 $8.39 $17,451.20
GP9031 Mar-04 $25.70 $7.49 $15,579.20
GP9035 Aug-04 $25.70 $7.49 $15,579.20
GP9033 Aug-04 $25.70 $7.49 $15,579.20
GP9036 Sep-04 $25.70 $7.49 $15,579.20
GP9038 Sep-04 $25.70 $7.49 $15,579.20
GP9037 Sep-04 $25.70 $7.49 $15,579.20
GP9040 May-05 $24.55 $7.04 $14,643.20
GP9041 May-05 $24.55 $7.04 $14,643.20
GP9042 Jun-05 $24.55 $7.04 $14,643.20
GP9043 Sep-05 $24.55 S7.04 $14,643.20
GP9044 Sep-05 $24.55 $7.71 $16,036.80
GP9045 Sep-05 $24.55 $7.86 $16,348.80
GP9048 May-06 $23.40 $6.56 $13,644.80
GP9054 Mar-07 $22.25 $5.41 $11,252.80
GP9059 Jul-07 $22.25 $5.56 $11,564.80
GP9060 Jul-07 $22.25 $5.56 $11,564.80
5
GP9063 Nov-07 $22.25 $5.56 $11,564.80
GP9065 Nov-07 $22.25 $5.56 $11,564.80
GP9057 May-07 $22.25 $5.56 $11,564.80
GP9067 Jun-08 $21.10 $4.41 $9,172.80
GP9069 Jun-08 $21.10 $4.41 $9,172.80
GP9070 Jul-08 $21.10 $4.41 $9,172.80
GP9071 Jul-08 $21.10 $4.41 $9,172.80
GP9072 Jul-08 $21.10 $4.41 $9,172.80
GP9073 Jul-08 $21.10 $4.41 $9,172.80
GP9030 Jan-09 $21.10 $4.26 $8,860.80
GP9077 Jan-09 $21.10 $4.41 $9,172.80
GP9078 Jun-10 $18.80 $2.11 $4,388.80
GP9079 Jun-10 $18.80 $2.11 $4,388.80
GP9079 Dec-10 $18.80 $2.11 $4,388.80
Average $18.48 $24.26 $5.78 $11,789.87
Total Additional Cost First Year $565,913.77
Although I would very much like to see some version of a step plan adopted for dispatch
employees, I also recognize the value in taking the pay steps up to some point and then having
the last step or two be based entirely on merit. For instance, allowing Dispatcher I's to progress
through the steps to the 5 year point. After that, pay increases would be given based on merit
only. This would reduce the initial cost of adopting a new pay plan and provide incentive for 5+
year employees to continue to perform exceptionally and progress to the top of the pay band.
Conclusion
WCRCC currently has 28 fully trained dispatchers with between one and seven years of
experience. The highest paid of these is presently making $18.59 per hour and has been
employed with us since August of 2003. Based on the survey results she could be making
around $27.00 per hour. We have twelve dispatchers with between eight and thirty years of
experience making between $19.00 and $23.46 per hour. All of these employees should be
earning substantially more.
Although economic times have been difficult the past several years, we have been very fortunate
in retaining our quality employees. We have lost only one dispatcher to another dispatch center
since 2005. We are now facing the very real potential of losing numerous highly qualified, fully
trained dispatchers to a neighboring center. The salary structure and pay range for WCRCC
dispatchers is in need of modification to better reflect the value of these employees to the citizens
and agencies of Weld County.
6
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