Felder questions Motorola contract liability, indemnification, and warranties
Felder asks about Motorola's liability under the contract for service interruptions, indemnification provisions, and warranty disclaimers. Gelobter says the contract includes terms about responsibilities, consequences, and deficiencies, but it would be irresponsible to comment on application before the root cause analysis is complete. Felder says they'll follow up with a letter.
Let me just find them.
Okay.
So my colleagues have asked about the liability that Motorola may have.
Under the contract, what liability does Motorola have if its software, hardware, employees, or subcontractors cause an interruption to the 911 service?
Now, I appreciate the question.
At this point, without having the full and complete root cause analysis, it would be premature to ascribe a particular liability.
But we will explore not just the analysis of what happened, but also what any recourses may be.
In terms of the contract, does the contract contain indemnification provisions applicable to an outage?
Is there anything, any type of language in it?
So I can't speak to the details of that, but what I will say is they are, in fact, required to provide an SLA, service level agreement.
And so...
I can address some issues related to contract.
The contract includes terms that articulate contractor responsibilities and consequences.
What was that?
PA?
Deficiencies, I'll just keep going.
Responsibilities, consequences, and deficiencies and failures.
However, our investigation is ongoing.
It would be irresponsible to comment on application of those contract terms at this time.
Okay, so knowing that the city is self-insured, would it be practical to pose a liability on the vendor of a contract?
I'm sorry, it would be practical to what?
To pose a liability on a vendor in the contract.
I appreciate the question.
I think until we have the root cause analysis, we probably shouldn't speak to the hypotheticals.
Does Motorola disclaim any warranties concerning the software or hardware used in the 911 system under contract?
If so, what warranties are disclaimed and what protections remain available to the city?
What I'd like to do is to, once we are through with the root cause analysis, we'll be able to answer a lot more of these questions in detail.
And I would like to get back to you on some of these answers.
Okay.
We'll probably follow up with a letter just to have everything in writing, and then you can share that way.
Okay.