R17-090RESOLUTION NO. R17 -090
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN A SERVICE AGREEMENT EXTENSION
WITH MOTOROLA, INC., IN THE AMOUNT OF $3042.74 FOR
THE CONTINUED MAINTENANCE AND REPAIR OF EXISTING
RADIO TELECOMMUNICATIONS SYSTEMS AS A SOLE
SOURCE VENDOR FOR THE PERIOD OCTOBER 1, 2017
THROUGH NOVEMBER 30, 2017; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City maintains a radio telecommunications system that provides the
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Police Department, Fire Rescue Department and other local government entities with radio
communications; and
WHEREAS, Motorola, Inc., manufactured and installed our current system which
consists of computer consoles, portable radios, antennas and operational readiness; and
WHEREAS, the contract extension referenced above is for equipment owned by the
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City that was purchased before the P25 upgrade, and therefore not part of the 1 year warranty
associated with the upgrade; and
WHEREAS, upon completion of this agreement extension the equipment will fall
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under a single service agreement with the remainder of the radio equipment; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
recommendation of staff, deems it to be in the best interests of the City residents to enter
into a Service Agreement extension with Motorola, Inc., for the continued maintenance and
repair of existing radio telecommunications systems for the period of October 1, 2017
through November 30, 2017.
2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
approves the Service Agreement Extension for the continued maintenance and repair of
existing radio telecommunications systems as a sole source for the period of October 1, 2017
through November 30, 2017 in the amount of $3042.74.
Section 3 . The City Manager is authorized to sign the Service Agreement
extension, a copy of which is attached hereto as Exhibit "A."
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this Y day of October, 2017.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
ATTEST:
Queenester Nieves
Deputy City Clerk
(Corporate Seal)
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VOTE
QMOTOROLA SOLUTIONS SERVICES AGREEMENT
Attn:National Service Support/4th ft Contract Number: S00001000428
1301 East Algonquin Road Contract Modifier: RN20-JAN-17 08:59:21
(800)247-2346 � � �����
Date: 01/23/20174 ?
Company Name: Boynton Beach, City Of Required P.O.: No
Attn: Customer#: 1000303040
Billing Address: 100 E Boynton Beach Blvd Bill to Tag#: 0001
City, State, Zip: Boynton Beach,FL,33435 Contract Start Date: 10/01/2017
Customer Contact: Contract End Date: 11/30/2017
Phone: Anniversary Day: Sep 30th
Payment Cycle: MONTHLY
PO#:
QTY MODEL/OPTION I SERVICES DESCRIPTION MONTHLY EXTENDED
EXT AMT
Total Services $1,521.37 $3,042.74
SPECIAL INSTRUCTIONS -ATTACH Subtotal-Recurring Services I 1
STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Subtotal-One-Time Event
Services
Total I $1,521.37 I $3,042.74
Taxes -
MAINTENANCE CONTRACT INCLUDES THE
FOLLOWING SERVICE PRODUCTS: Grand Total $1,521.37 $3,042.74
DISPATCHING,TECHNICAL SUPPORT, THIS SERVICE AMOUNT!S SUBJECT TO STATE AND LOCAL TAXING
NETWORK MONITORING,INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE,TO BE VER.FIED BY MOTOROLA.
REPAIR WITH ADVANCED REPLACEMENT, ON
SITE INFRASTRUCTURE RESPONSE,LOCAL
RADIO COMBO PACKAGE,SECURITY
MONITORING AND SECURITY UPDATE
SERVICE FOR 5 MCC7500 CONSOLES AND 5
APX6500 MOBILES.
***The prices quoted via this service contract
renewal are valid only until expiration of the current I
service contract. If Customer does not provide to
MSI a valid,executed contract renewal within 30
days of contract expiration a one-time
administrative fee equal to 5%of the subsequent
years annual contract rate will be billed to the
Customer upon reestabl'shrnent of the expired
service contract. Pricing on the 5%Administration
fee once delinquent=$913.00***
Subcontractor(s) City State
MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL
N
, MOTOROLA SYSTEM SUPPORT CENTER ' ELGIN IL
MOTOROLA SSC NETWORK SECURITY SCHAUMBU II IL
D0298 RG
MOTOROLA SYSTEM SUPPORT SCHAUMBU IL
CENTER-NETWORK MGMT D0067 RG
MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL
CENTER 00066 RG
MOTOROLA SYSTEM SCHAUMBU IL
SUPPORT-TECHNICAL SUPPORT 00068 RG
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I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms
and Conditions,a copy of which is attacked tor is Service Agreement, is incorporated herein by this reference.
it ,A Qe.ei,--' ),/ (if xi/Lc...6- id/ i_,
AUTHO IZED CUSTOMER SIGNATURE TITLE 6,,'T
4-0ri LA 1/eir,eie_
CU 0 ER (PRINT NAME)
(L:6L.. ' 2STr
V_) O:_-a-ala
MO' •:9 7 REP' SENTATIV (SIGNATURE) TITLE DATE
Cindee Markes 954-723-4718
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name: Boynton Beach, City Of
Contract Number: S00001000428
Contract Modifier: RN20-JAN-17 08:59:21 APPR� Ft.Aiii,
Start Date: 10/01/2017 /
Contract End Date: 11/30/2017 — CITY ATTONNVI
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Customer: Boynton Beach, City of
Contract #: S00001000428
Effective: 10/1/2017
(2 month extension)
Qty Equipment Description
5 MCC7500 consoles
4 APX6500 / M25URS9PW1AN for Fire Rescue
527CRHO812
527CRHO813
527CQK2029
527CRR1426
Service Terms and Conditions
Motorola Solutions, Inc., through its Commercial, Government, and Industrial Solutions Sector
( "Motorola "), and the customer named in this Agreement ( "Customer "), hereby agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to
Customer either (1) maintenance, support and /or other services under a Motorola Service Agreement, or
(2) installation services under a Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service
Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are
incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these
Service Terms and Conditions will take precedence over any cover page, and the cover page will take
precedence over any attachments, unless the cover page or attachment specifically states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added
to this Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described
in this Agreement.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of
this Agreement will begin on the "Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of
work or other document attached to this Agreement. At Customer's request, Motorola may also provide
additional services at Motorola's then - applicable rates for such services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be
used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and
routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial Equipment, the additional equipment may be added to this Agreement and will be
billed at the applicable rates after the warranty for such additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is
added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial
and model number list of the Equipment. Customer must promptly notify Motorola in writing when any
Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for
such Equipment will terminate at the end of the month in which Motorola receives such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
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4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for
any reason, Motorola may modify the scope of Services related to such Equipment; remove such
Equipment from the Agreement; or increase the price to Service such Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the level of Service purchased as indicated in this
Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged
from use in other than the normal, customary, intended, and authorized manner; use not in compliance
with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect,
acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the
normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming
Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or
software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or
tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission
medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment
malfunction caused by such transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment
with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of
liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer
will provide all information pertaining to the hardware and software elements of any system with which the
Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this
Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses
are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola
for such charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that
will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to
enable Customer's personnel to maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice
Customer in advance for each payment period. All other charges will be billed monthly, and Customer
must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to
reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or
assessments levied as a result of Services rendered under this Agreement (except income, profit, and
franchise taxes of Motorola) by any governmental entity.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-
perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non-
conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10 DEFAULT /TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-
performing party a written and detailed notice of the default. The non - performing party will have thirty
(30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and
begin implementing the cure plan immediately after plan approval. If the non - performing party fails to
provide or implement the cure plan, then the injured party, in addition to any other rights available to it
under law, may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred
pursuant to this Agreement, including payments which may be due and owing at the time of termination.
All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide
Services.
Section 11 LIMITATION OF LIABILITY
This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement.
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty,
negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law,
but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH
THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE
THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS
OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions
contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause
of action, except for money due upon an open account. This limitation of liability will survive the
expiration or termination of this Agreement.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1, This Agreement supersedes all prior and concurrent agreements and understandings between
the parties, whether written or oral, related to the Services, and there are no agreements or
representations concerning the subject matter of this Agreement except for those expressed herein. The
Agreement may not be amended or modified except by a written agreement signed by authorized
representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this
Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In
no event shall either party be bound by any terms contained in a Customer purchase order,
acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings
specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify
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this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by
authorized representatives of both parties.
Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY
RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or
otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed
proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may
not disclose, without Motorola's written permission or as required by law, any such information or data to
any person, or use such information or data itself for any purpose other than performing its obligations
under this Agreement. The obligations set forth in this Section will survive the expiration or termination of
this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in
any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will
have no obligation to provide Customer with access to its confidential and proprietary information,
including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership
right or license under any Motorola patent, copyright, trade secret, or other intellectual property including
any intellectual property created as a result of or related to the Equipment sold or Services performed
under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal
Communications Commission or any other federal, state, or local government agency and for complying
with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an
agent or representative of Customer in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will
not hire, engage on contract, solicit the employment of, or recommend employment to any third party of
any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This
provision applies only to those employees of Motorola or its subcontractors who are responsible for
rendering services under this Agreement. If this provision is found to be overly broad under applicable
law, it shall be modified as necessary to conform to such law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola
for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will
safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage
to such property, and return it to Motorola upon request. Such property will be held by Customer for
Motorola's use without charge and may be removed from Customer's premises by Motorola at any time
without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
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17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in
accordance with the laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes,
material shortages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its
performance, under this Agreement.
17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY
ANNIVERSARY OF THE START DATE UNLESS Ei T HER THE COVER PAGE SPECIFICALLY STATES
A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO
DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY
DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates.
In the event of a price adiustment, the City shall have the right to cancel the Agreement by providing
written notice to Motorola.
17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and
conditions in effect at the time of the termination or expiration will apply to those Services and Customer
agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates.
P ion,
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Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the
Customer. These services are applicable only for the following system types: ASTROO, ASTRO® 25, ARC 4000,
SmartZone ® /OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and
higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral
part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this
SOW is appended and made a part thereof by this reference.
1.0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as
set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained
technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer
profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further
development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the
Servicer will respond at the Customer location based on pre - defined Severity Levels set forth in the Severity Definitions
Table and Response times set forth in the On -Site Response Time Table in order to Restore the System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on -site Servicer until
System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to
close through an automated Case tracking process.
2.0 Motorola Responsibilities:
2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO
and ASTR025, SmartZone/ OmniLink, Private Data, and Harmony Wireless Communications network
types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO
and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the
type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table.
2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet
System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment
and location installed is listed in the Motorola Owned & Supplied Equipment Table.
2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.5 Continuously receive data from Customer monitored System and Customer initiated service requests.
2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.7 Create a Case as necessary when service requests are received. Gather infonmation to perform the following:
2.7.1 Characterize the issue
2.7.2 Determine a plan of action
2.7.3 Assign and track the Case to resolution.
2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case
information collected in section 2.7
2.9 Ensure the required personnel have access to Customer information as needed.
2.10 Disable and enable System devices, as necessary, for Servicers.
2.1 1 Servicer will perform the following on -site:
2.11.1 Run diagnostics on the Infrastructure or FRU.
2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic /test equipment and
any other requirements necessary to perform the Maintenance service.
2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
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3.0
2.12 Verify with Customer that Restoration is complete or System is functional, if required by
Customer's repair Verification preference described in the Customer Support Plan required by section 3.5.
If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed
and the Servicer will be released.
2.13 Escalate the Case to the appropriate parry upon expiration of a Response time.
2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2. l 5 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5
at the following Case levels
2.15.1 Open and closed; or
2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.16 Provide the following reports, as applicable:
2,16.1 Case activity reports to Customer.
2.16.2 Network Monitoring Service reports for Customer System(s).
2.16.3 Network Activity /Availability Reports for ASTRO25, SmartZone/ OmniLink, and
Private Data Systems only.
2.17 Respond in accordance to pre - defined Response times upon receipt from Customer of Customer
managed passwords required for proper access to the Customer's System.
2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it
is determined that System faults were caused by the Customer making changes to critical System parameters.
Customer Responsibilities:
3.1 Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2 Allow Motorola to access System if firewall has been installed; provide permanent /dedicated access for
SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any
Motorola equipment installed or utilized at Customer's premises to support delivery of the Service.
3.3 Order and maintain dedicated dial -up phone lines for telephone service for SMARTNET System types.
The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems.
The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
3.5 Provide Motorola with pre - defined Customer information and preferences prior to Start Date necessary
to complete Customer Support Plan.
3.5.1 Case notification preferences and procedure
3.5.2 Repair Verification Preference and procedure
3.5.3 Database and escalation procedure forms.
3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.6 Provide the following information when initiating a service request:
3.6.1 Assigned System ID number
3.6.2 Problem description and site location
3.6.2 Other pertinent information requested by Motorola to open a Case.
3.7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity
that impacts the System may include, but is not limited to, installing software or hardware upgrades,
performing upgrades to the network, or taking down part of the system to perform maintenance.)
3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service
is not possible.
3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service.
3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth
in paragraph 2.12.2
3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.12 Maintain and store in an easily accessible location proper System backups.
3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair
Verification Preference provided by Customer in accordance with section 3.5.
3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it
is determined that System faults were caused by the Customer making changes to critical System parameters
3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the services described in this SOW.
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Severity Definitions Table
Severity Level
Problem Types
Severity 1
1. Response is provided Continuously
Tl
2. Major System failure
SmartZone /OmniLink v3.5 and below
3. 33% of System down
Severity 1
4. 33% of Site channels down
8 Hours
5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC.
Private Data
6. This level is meant to represent a major issue that results in an unusable system,
Motorola
sub - system, Product, or critical features from the Customer's perspective. No [
Severity 2
Work- around or immediate solution is available.
Severity 2
1. Response during Standard Business Day
Motorola
2. Significant System Impairment not to exceed 33% of system down
TI
3. System problems presently being monitored
Severity 3
4. This level is meant to represent a moderate issue that limits a Customer's normal use I
48 Hours
of the system, sub - system, product, or major non - critical features from a
Customer's perspective
Severity 3
1. Response during Standard Business Day
2. Intermittent system issues
3. Information questions
4. Upgrades /preventative maintenance I
5. This level is meant to represent a minor issue that does not preclude use of the
system, sub - system, product, or critical features from a Customer's perspective. It
may also represent a cosmetic issue, including documentation errors, general
usage questions, recommendations for product enhancements or modifications,
and scheduled events such as preventative maintenance or product /system upgrades.
On -Site Response Time Table (Customer's Response Time Classification is designated in the Service
A `r rn .tl
Severitv Level
Premier
Restoral
Off Deferral
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Response Time
SmartZone /OmniLink v3.5 and below
1 256K
Severity 1
Within 2 hours from receipt of Notification
8 Hours
Time provided
Private Data
Continuously
Motorola
by Servicer
Severity 2
Within 4 hours from receipt of Notification
8 Hours
Time provided
Motorola
Standard Business Day
TI
by Servicer
Severity 3
Within 24 hours from receipt of Notification
48 Hours
Time provided
Standard Business Day
by Servicer *
Please note these are Standard Commitment times. The commitment times should be based on
the Customers Support Plan.
Provide update before the specific contractual commitments come due.
* Note: Provide update to System Support Center before Deferral time comes due.
Appendix l
Cnnnnrtivity Matrix
v System Type ^
Connectivity
Responsibility
Astro 25
Tl
Motorola
SmartZone /OmniLink v3.5 and below
1 256K
Motorola
SmartZone /OmniLink v4 and above
1512K
j Motorola
Private Data
256K
Motorola
ARC 4000
T1 or VPN
Motorola
MESH
TI or VPN
Motorola
Harmony
TI
Motorola
11
MotoBridge
T VPN
Motorola
SmartNet
I Dial -up
; Customer
Private Network Connection
Public Internet Connection
IP VPN
IP VPN
(All Customers)
(Option Available only to Customers outside of
the US)
Standard solution for real time Connectivity
Non Standard solution for Connectivity
Dedicated bandwidth configuration provided to
No dedicated bandwidth provided to monitor
monitor Customers
Customers
Protected from unauthorized intrusion
Low risk of unauthorized intrusion i
Encryption available
Encryption is required
Connectivity available through Motorola
Customer provides Connectivity to the internet via
an internet service provider selected by Customer.
NTntnrnln Owned & SnnnliPrl Rcminme.nt Table
Equipment Type
Location Installed
Firewall /Router
Master Site
System Support Server
Master Site for each Zone
Monitored Elements Table (Listed by technology)
System Type _ Equipment
12
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair with Advanced Replacement is a repair service for Motorola and select third party
Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this
Statement of Work (SOW) by this reference. Infrastructure may be repaired down to the Component level, as
applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party
Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If
Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola
may replace Infrastructure with similar Infrastructure, when possible.
When available, Motorola will provide Customer with an Advanced Replacement unit(s) orFRU(s) in exchange
for Customer's malfunctioning FRU(s). Non - standard configurations, Customer - modified Infrastructure and
certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s)
will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair.
The terms and conditions of this SOW are an integral part of Notorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Use commercially reasonable efforts to maintain an inventory of FRU.
2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning Infrastructure.
2.3. Program FRU to original operating parameters based on templates provided by Customer as required in
Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template
will be used.
2.4. Properly package and ship Advanced Replacement FRU from IDO or select third party FRU inventory to
Customer specified address.
2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:OOpm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless
otherwise requested. Select third party FRU may ship second day air via Federal Express Priority
Overnight or UPS red as noted in the attached exhibit(s). Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours
and /or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to
shipping and handling charges.
2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for
Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU
will become property of IDO or select third party and the Customer will own the Advanced
Replacement FRU.
2.43. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the
malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the
malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return IDO's Loaner FRU.
2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified
as an Advanced Replacement or Loaner FRU.
2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return.
2.7. Perform the following service on Motorola Infrastructure:
2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.7.2. Replace malfunctioning FRU or Components.
2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable
2.7.4. Perform a Box Unit Test on all serviced Infrastructure.
2.7.5. Perform a System Test on select Infrastructure.
13
2.8. Provide the following service on select third party Infrastructure:
2.8.1. Perform pre- diagnostic and repair services to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.8.4. Perform a post -test after repair by Motorola, original equipment manufacturer, or third party
vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System configuration, when applicable.
2.9. Re- program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5, If Customer template is not provided or is not reasonably usable, a
standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a
Software defect, IDO reserves the right to reload Infrastructure with a similar Software version.
Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Software Subscription agreement.
2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an
IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in
2.4.1. FRU will be sent two -day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier
programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling
charges.
3.0 Customer has the following responsibilities:
3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an
Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non -
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4.1.
3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above
back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a
replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and /or third
party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the
malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for
properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped
Infrastructure arrives un- damaged and in repairable condition. Clearly print the return authorization
number on the outside of the packaging.
3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of
receipt of Customer's repaired FRU.
3.5 Maintain templates of Software /applications and Firmware for reloading of Infrastructure as set forth in
paragraph 2.3 and 2.9.
3.6 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for
repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services
and fee applies.
3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Infrastructure Repair with Advanced Replacement services to Customer.
14
0 MOTOROLA
4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair with Advanced Replacement:
I . All Infrastructure over seven (7) years from product cancellation date.
2. All Broadband /WiNS Infrastructure three (3) years from product cancellation date.
3. Physically damaged Infrastructure.
4. Third party Equipment not shipped by Motorola.
5. Consumable items including, but not limited to, batteries, connectors, cables, tone /ink cartridges.
6. Video retrieval from Digital In -Car Video equipment.
7. Test equipment.
8. Racks, furniture and cabinets.
9. Firmware and /or Software upgrades.
15
Console Only Infrastructure Exhibit
Inclusions, Exclusions, Exceptions and Notes
Card Cages
Included
Central Electronics Bank(s) (CEB)
Includes Logging Recorder Interface and Network Hub, Base Interface Module (BIM), Console Operator
hterface Module (COIM), Operator Interface Module (OMI).
Excludes all other technologies
see SOW specifically for NICE iogginF recorders
Central Electronic Shelf (CES )
Included
Computer(s)
Includes computers that directly interface with CEB. Includes keyboards, mice and trackballs.
Excludes'.aptop computers and all 286, 386, 486 computers. Defective or phosphor - burned cathode ray
tubes CRT(s) and burned -in fiat panel display image retention.
Conse :e(s)
Includes consoles (Coin rnandS TAR, COmmandSTAR lite, Centracom Gold E ite MCC7500, MCC7500 w/
VPM, MCC5500, MIP5000, MC1000, MC2000, MC2500, MC3000) as part of complete communication
System — Including headset Jacks, dual footswitches, and gooseneck microphones and Console interface
Electronics. Excludes cables 8
Console Audio Box (CAB)
included
Dictaphones, Logging "ccorders and Recording
Excludes all technologies
Equipment
see SOW speeffically specifically for NICE logging recorders
junction Box
Microwave Equipment.
Included
Excluded from service agreement but may be repaired on an above contract, tune and rnater.'al basis. Ail
Equipment must be shipped to IDO.
Excludes any on -site services.
Momtor(s)
Includes all Motorola certified monitors connected to computers that directly interface with or control the
communications System.
Excludes defective or phosphor- burned cathode ray tubes CRT(s) and burned -in flat panel . displays image
retention as well as monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory
order number.
Site Frequency Standard(s)
Includes Netclocks systems
Excludes MFS - Rubidium Standard Network Time and Frequency devices
UPS Systems.
Excluded from service agreements but may be repaired on an above contract, time and material basis. All
UPS Systems must be shipped to IDO for repair.
Excludes batteries and any on -site services
16
A R
MOTOROLA SOLUTIONS
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that require a high
level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support
Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and
resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may
be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system
types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported
by Motorola.
Technical Support is applicable to the following system types: ASTRO®, ASTROO 25 , ARC 4000, SmartZoneO v2.0.3
and higher, SmartZoneO /OmniLinkO, E911, Private Data v2.0.3 and higher, SmartNetO, Conventional Two -Way, and
Wireless Broadband.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of
operation problems in accordance with the response times set forth in the Remote Technical Support
Response Times Table and the Severity Level defined in the Severity Definitions Table.
2.1.1 if infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System
but may not be able to resolve the issue without the Customer replacing the Infrastructure.
2.2. Advise caller of procedure for determining any additional requirements for issue characterization,
Restoration, including providing a known fix for issue resolution when available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups,
as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote
access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described
in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following Responsibilities:
3.1. Provide Motorola with pre - defined information prior to Start Date necessary to complete Customer
Support Plan.
3.1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of
Customer, System ID number, Service Agreement number, site(s) in questions, and brief description
of the problem.
3.3. Supply on -site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity.
3.6. Remove video from Digital 1n -Car Video equipment prior to contacting Motorola. if Technical
Support assists the Customer in removing video, the Customer acknowledges, understands and
agrees that Motorola does not guarantee or warrant that it will be able to extract any captured
video or that any captured video will not be damaged, lost or corrupted.
17
3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.8 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level
Problem Types
Severity 1
1. Response is provided Continuously
Severity 2
2. Major System failure
Severity 3
3. 33% of System down
4. 33% of Site channels down
'
5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC.
6. This level is meant to represent a major issue that results in an unusable system,
sub- system, Product, or critical features from the Customer's perspective. No
Work- around or immediate solution is available.
Severity 2
1. Response during Standard Business Day
2. Significant System Impairment not to exceed 33% of system down
3. System problems presently being monitored
4. This level is meant to represent a moderate issue that limits a Customer's normal use
of the system, sub - system, product, or major non - critical features from a
Customer's perspective
Severity 3
1. Response during Standard Business Day
2. Intermittent system issues
3. Information questions
4. Upgrades /preventative maintenance
5. This level is meant to represent a minor issue that does not preclude use of the
system, sub - system, product, or critical features from a Customer's perspective. It
may also represent a cosmetic issue, including documentation errors, general
usage questions, recommendations for product enhancements or modifications,
and scheduled events such as preventative maintenance or product /system upgrades.
Remote Technical Support Response Times Table
SEVERITY
RESPONSE
Severity 1
Within 1 Hour from receipt of Notification, Continuously
Severity 2
Within 4 Hours from receipt of Notification, Standard Business Day
Severity 3
Within next Business Day, Standard Business Day
W .
� s
i r , . d'V
Statement of Work
Local Radio Combo Package
1.0 Description
Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two -way
and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local
Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided
that they are required for normal operation of the two -way mobile and are included at the point of manufacture. Service
is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is
attached.
Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; MEN mobile microphones;
non - standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple
unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies.
The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee.
The services are Pick -up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones,
Portable Antenna Replacements and Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Service to be performed at the Servicer facility during Standard Business Days.
2.2 Perform ap operational check on the Equipment to detennine the nature of the problem.
2.3 Remove /reinstall mobile or data Equipment from /to Customer's vehicle as needed for additional servicing.
2.4 Test and Restore the Equipment to Motorola factory specifications.
2.5 Remove any dust, and /or foreign substances from the Equipment.
2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template
in the Equipment, if the template information can be retrieved from the Equipment, or from a backup
diskette provided by Customer containing the template information. If the Customer template is not provided
or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for
that Equipment will be used. The Equipment will require additional programming by the Customer to
Restore the original template.
2.7 Notify Customer upon completion of repair for pickup of Equipment.
3.0 Customer has the following Responsibilities:
3.1 Deliver and pick up Equipment to /from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the
Software template or programming in order to assist in returning the Equipment to original operating
parameters. If applicable, record the current flashcode for each radio.
3.4 if Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible
for any programming required to Restore Equipment to desired parameters.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide
3.6 the Local Radio Combo Package service to Customer.
Local Radio Combo Package
Approved by Motorola Contracts & Compliance 04 -30 -2004
19
Statement of Work
Security Update Service (SUS)
1.0 Definitions
Terms that are capitalized but not defined in this Statement of Work shall have the
definition given to such terms in the Service Terms and Conditions, the Communications
System Agreement or other applicable agreement. The following terms have the
following meanings:
1.1 Non - Motorola Software: Software whose copyright is owned by a party other than
Motorola or its affiliated company, including but not limited to the anti -virus definitions,
operating system software patches and signature files that will be pre- tested pursuant to
this Statement of Work.
1.2 System: The currently shipping Motorola ASTRO` 25 System Release and up to 5
releases prior.
13 Supported Release: Security Update Service is available on the currently shipping
Motorola ASTRO® 25 System Release and up to 5 releases prior. If a customer is on a
System Release outside of the N -5 release schedule, then they cannot purchase this
service.
2.0 Description of Services
With Security Update Service ( "Service "), Motorola pretests the updated commercial
anti -virus definitions for the Microsoft Windows based boxes on a System. This Service
includes Motorola obtaining Microsoft Security Updates for Windows operating system,
Solaris recommended patch bundles, Red Hat Linux security patches, anti -virus
definitions* and intrusion detection sensor updates for Motorola supplied equipment from
applicable original equipment manufacturer (OEM).
Motorola will evaluate and pre -test each update on Motorola's ASTRO 25 test System
components for operational impact. Motorola's verification and evaluation process for
anti -virus definitions will consist of applying each update to an appropriate ASTRO 25
system release that corresponds and is consistent with supported ** and fielded systems.
Each assessment will consist of no less than 36 hours of examination time to evaluate the
impact each anti -virus update has to the system. Upon satisfactory completion of the
assessment pertaining to anti -virus signatures, these updates will be provided on a weekly
basis either automatically or through connecting to Motorola's secured extranet
connection. When anti -virus definitions classified as Category 4 (Severe, difficult to
contain) and Category 5 (Very Severe, very difficult to contain) by the commercial
Approved by Motorola Contracts & Compliance: 8/1 /2012
20
supplier are released, Motorola will determine if a high- priority release is necessary.
Operating system updates /patches will be made available to our customers electronically
upon successful testing in our lab environments on a monthly basis for Microsoft patches
and on a quarterly basis for all others.
NOTICE: If a customer wants antivirus and IDS updates automatically deployed onto
their network, then they must purchase the Security Monitoring service. Otherwise,
customers may download the updates from the secure extranet site and manually deploy
them onto their network. Motorola will perform testing only on standard configurations
certified by Motorola System Integration Testing (SIT) and Motorola supplied
equipment /software prior to making an update available to Customers.
* - Not all systems are provided antivirus for Microsoft and UNIX platforms. To receive
full antivirus support under this service offering, the customer must have a standard
ASTRO 25 system that is supported and also has implemented antivirus for UNIX.
** - Supported is defined as the current system release and the last five prior. Support
beyond this model requires approval from the Customer Service Manager and the
Security Services Product Manager. For extended coverage, please communicate a formal
request to your account manager.
The customer will be responsible for deploying Microsoft, Oracle, Sun Microsystems,
UNIX, and Linux security updates from a Motorola provided secured extranet Web site.
Antivirus and IDS updates will be capable of being pushed automatically to the customer
ASTR025 network only if the Security Monitoring service is purchased by the customer.
If there is a recommended configuration change that is successfully tested on the ASTRO
25 test System, Motorola will provide detailed instructions for performing the
configuration change.
Inclusions: Security Update Service is available on the currently shipping Motorola
ASTRO 25 System Release and up to 5 releases prior. If a customer is on a System
Release outside of the N -5 release schedule, then they cannot purchase this service.
Exclusions: Systems that have non - standard configurations that have not been certified
by Motorola SIT are specifically excluded from this Service unless otherwise agreed in
writing by Motorola. Service does not include pre- tested intrusion detection system (IDS)
updates for IDS solutions not purchased through Motorola. NICE Recorder, certain
consoles, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site
Security products are also excluded. The scope of service coverage is defined by
Motorola Services and is subject to change based on OEM support lifecycles. The terms
and conditions of this Statement of Work are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part
thereof by this reference.
Approved by Motorola Contracts & Compliance: 8/1/2012
21
3.0 Motorola has the following responsibilities:
3.1 Obtain anti -virus definitions for the Microsoft Windows platform, intrusion detection
sensor signatures for Motorola supplied IDS, Microsoft Security Updates for Windows
Operating system, Solaris operating system recommended patch bundles, and Red Hat
Linux security patches from :Motorola selected commercial suppliers.
3.2 Evaluate anti -virus definitions classified as Category 4 and 5 by Motorola selected
commercial supplier to determine if a high - priority release is required. Motorola in its
discretion will determine the urgency of the update based on the impact to the System.
3.3 Identify and document latest System vulnerabilities and compliance issues discovered
during quarterly vulnerability scan performed in Section 3.4.
3.4 Investigate new vulnerabilities and compliance issues that are identified.
Recommended response may include, but is not limited to, ASTRO 25 Systems, deploy
security software updates; deploy operating system security updates or patches;
implement configuration changes; upgrade to current ASTRO 25 System Release (actual
upgrade expense not included in this service offering); or recommending a compensating
control.
3.5 Pre -test recommended remediation when applicable and make documentation and /or
software updates available to Customer electronically.
3.6 Provide documented response with recommended remediation when applicable for all
new vulnerabilities quarterly or at Motorola's discretion to Customer electronically.
3.7 Test anti -virus definitions, intrusion detection sensor signatures, and operating system
security updates /patches by deploying them on a dedicated ASTRO 25 test System with
the standard supported configurations, which include Motorola's then current approved
cohabitated applications.
3.8 Confine that tested anti -virus definitions, intrusion detection sensor signatures, and
operating system security updates /patches do not degrade or compromise System
functionality on dedicated test System within the standard supported configurations.
3.9 Address issues identified during testing to support functionality under the procedures
specified in 3.8 above by working with Motorola selected commercial supplier or
Motorola product development engineering team.
3.10 Release pre- tested anti -virus definitions and intrusion detection sensor signatures for
Motorola supplied IDS electronically on a weekly basis upon successful completion of
the weekly test cycle to be completed one week after release by commercial supplier
unless an issue is detected or within 36 hours from Motorola selected commercial
supplier's Category 4 & 5 certified virus definitions being available or at Motorola's
discretion if determined by Motorola to be a high- priority release. Release may include
Approved by Motorola Contracts & Compliance: 8/1/2012
22
the anti -virus definition file, intrusion detection sensor signatures, updated configuration
files, instructions and other information deemed pertinent by Motorola.
3.11 Release Microsoft, Solaris and Red Hat Linux operating system security
patches /updates when they are certified and available with instructions for obtaining
patch /update for Customer deployment on the Customer system. Microsoft operating
system security updates will be released monthly as available from Motorola selected
commercial supplier upon successful completion of monthly test cycle. Solaris and Red
Hat Linux operating system security patches will be released quarterly upon successful
completion of quarterly test cycle or at Motorola's discretion.
3.12 Notify Customer when the latest release is available with instructions on where to
obtain latest release.
3.13 Provide technical assistance if there is an issue with the installation of an update.
3.14 Maintain annual Customer subscriptions for anti -virus definitions and intrusion
detection sensor signatures, with Motorola selected commercial supplier.
4.0 Customer has the following responsibilities:
4.1 Provide means for accessing pre - tested files electronically.
4.2 Deploy pre- tested files on Customer System as instructed in the "Read Me" text
provided.
4.3 Implement recommended remediation(s) on Customer System as determined
necessary by Customer.
4.4 Upgrade System to a Supported System Release as necessary to continue Service.
4.5 Identify one point of contact for issues specific to Security Update Service.
4.6 Cooperate with Motorola and perform all acts that are reasonable andior necessary to
enable Motorola to electronically provide Security Update Service — Platinum to
Customer.
4.7 Comply with the terms of the applicable license agreement between Customer and the
Non - Motorola Software copyright owner.
4.8 Adhere closely to the System Support Center (SSC) troubleshooting guidelines
provided upon system acquisition. A failure to follow SSC guidelines may cause
Customer and Motorola unnecessary or overly burdensome remediation efforts that may
result in a service fee to Customer.
Approved by Motorola Contracts & Compliance: 8/1/2012
23
5.0 WARRANTIES AND DISCLAIMER:
Motorola warrants that its services will be free of defects in materials and workmanship
for a period of ninety (90) days following completion of the service. Your sole remedies
are to require Motorola to re- perform the affected service or at Motorola's option to
refund, on a pro -rata basis, the service fees paid for the affected service.
During the applicable Warranty Period, Motorola, warrants that the tested anti -virus
definitions, intrusion detection sensor signatures, and operating system security
updates /patches do not degrade or compromise System functionality, and that after
incorporation of the recommended remediation action the System Software, when used
properly and in accordance with the Documentation, 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. 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 this information is provided) are collectively referred to as
"Documentation." Whether a defect occurs will be determined solely with reference to
the Documentation. Motorola does not warrant that Customer's use of the Software or
Products will be uninterrupted or error -free or that the Software or the Products will meet
Customer's particular requirements.
MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO PRE-
TESTED ANTI -VIRUS DEFINITIONS, DATABASE SECURITY UPDATES,
OPERATING SYSTEM SOFTWARE PATCHES, AND INTRUSION DETECTION
SENSOR SIGNATURE FILES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON - INFRINGEMENT. FURTHER, MOTOROLA DISCLAIMS
ANY WARRANTY CONCERNING THE NON- MOTOROLA SOFTWARE AND
DOES NOT GUARANTEE THAT CUSTOMER'S SYSTEM WILL BE ERROR -FREE
OR IMMUNE TO VIRUSES OR WORMS AS A RESULT OF THESE SERVICES.
Approved by Motorola Contracts & Compliance: 8/1/2012
24
P
STATEMENT OF WORK
Security Monitoring
Overview: Security Monitoring is a service offering that provides Security Monitoring to
identify malicious activity that will or might cause system interference or corruption.
Definitions
Terms that are capitalized but not defined in this Statement of Work shall have the definition
given to such terns in the Service Terms and Conditions, the Communications System
A or other applicable agreement. The following terms have the following meanings:
Non - Motorola Software: Software whose copyright is owned by a party other than Motorola or
its affiliated company, including but not limited to the anti -virus definitions, operating system
software patches and signature files that will be pre- tested pursuant to this Statement of Work
and the procurement of the Pre - Tested Software Subscription Service.
1.0 Description of Services
ASTRO 25 Security Monitoring includes monitoring and managing the Motorola security
equipment present on the Customer's System. Monitoring security equipment requires Customer
to purchase a Core Security Management Server with Customer's System. Motorola will monitor
Elements of a System for Events, as set forth in the Monitored Elements Table below.
When the Motorola System Support Center (SSC) detects an Event, trained technologists that are
experienced with identifying and interpreting security incidents will acknowledge the Event, run
remote diagnostic routines, and initiate an appropriate Response. Appropriate responses could
include, but are not limited to, continuing to monitor the Event for further development,
attempting remote Restoral, or transferring the Event by opening a Case for dispatch of a
Servicer. If dispatched, the Servicer will respond at the Customer location based on pre - defined
Severity Levels set forth in the Severity Definitions Table and Response times set forth in the
On -Site Response Time Table in order to Restore the System.
Motorola will proactively manage the security Elements present on the System as needed to
mitigate the risk of vulnerability such as a virus, worm or other intrusive attack on the System.
This may include periodically deploying the latest release of pre- tested intrusion detection sensor
signature files on the network barrier (ONLY for IDS supplied to Customer by Motorola and if
present on the System) as determined by Motorola. Motorola will also modify intrusion sensor
settings and update firewall settings as determined by Motorola and will notify Customer of such
modifications.
Motorola will provide Case Management as set forth herein. The SSC maintains contact with the
on -site Servicer until System Restoral occurs and Case is closed. The SSC will continuously
track and manage Case activity from open to close through an automated Case tracking process.
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This Case management allows Motorola to provide activity and performance reports as well as
ensures timely resolution of issues.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's
Service Terms and Conditions or other applicable Agreement(s) to which it is attached and made
a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Provide dedicated Connectivity through a private network connection necessary for
monitoring ASTRO 25 System. The Connectivity Matrix set forth below further
describes the Connectivity options. NOTICE: If Network Monitoring (a separate
Service) is not acquired, an additional fee will be applied to the customer.
2.2 Provide dedicated connectivity necessary for monitoring.
2.3 If determined necessary by Motorola, provide Motorola owned equipment for
monitoring ASTRO 25 System elements. If Motorola installs or replaces Motorola
owned equipment, the type of equipment and location installed is listed in the Motorola
Owned & Supplied Equipment Table.
2A Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.5 Coordinate with Customer to maintain Motorola service authentication credentials.
2.6 Continuously receive service requests.
2.7 Perform Continuous monitoring of System Elements as set forth in the Monitored
Elements Table.
2.8 Interpret System Events and determine appropriate Response. An appropriate
Response could include the following actions: notify customer of activity, continue
monitoring the Event for further development, review System log files or transfer the
Event information via a Case for dispatch of a Servicer.
2.9 Respond in accordance to pre - defined Response times upon receipt from Customer
of Customer managed passwords required for proper access to the Customer's
System.
2.10 Remotely access the Customer's System to perform remote diagnostics as permitted
by Customer pursuant to section 3.1.
2.11 Attempt remote Restoral, as appropriate. Some System functions may be disrupted
as necessary to maintain System integrity until further validation of the Event occurs.
This may include shutting down applications, applying security tools, resetting box,
or instructing Servicer to reload applications and operating system software as
necessary. This does not include a technician being physically dispatched.
2.12 Create a Case as necessary when service requests are received. Gather information
to perform the following:
2.12.1 Characterize the issue
2.12.2 Determine a plan of action
2.12.3 Assign and track the Case to resolution.
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2.13 Ensure the required personnel have access to Customer information as needed.
2.14 Disable and enable System devices, as necessary, for Servicers.
2.15 Servicer will perform the following on -site:
2.15.1 Run diagnostics on the Infrastructure or FRU.
2.15.2 Replace defective Infrastructure or FRU, as applicable to security components
provided by or approved by Motorola. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.15.3 Provide materials, tools, documentation, physical planning manuals,
diagnostic /test equipment and any Security requirements necessary to perform the
Maintenance service.
2.15.4 If a third party Vendor is needed to restore the System, the Servicer may
accompany that Vendor onto the Customer's premises.
2.16 Verify with Customer that Restoration is complete or System is functional, if
required by Customer's repair Verification preference described in the Customer
Support Plan required by section 3.6. If Verification by Customer cannot be
completed within 20 minutes of Restoration, the Case will be closed and the Servicer
will be released.
2.17 Escalate the Case to the appropriate party upon expiration of a Response time.
2.18 Close the Case upon receiving notification from Customer or Servicer, indicating
the Case is resolved.
2.19 Notify Customer of Case Status, as described in the Customer Support Plan at the
following Case levels:
2.19.1 Open and closed; or
2.19.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed,
closed.
2.20 Obtain intrusion detection sensor (IDS) signatures for Motorola supplied IDS, from
Motorola selected commercial suppliers.
2.21 Address issues identified during testing to support functionality under the
procedures specified in 2.22 above by working with Motorola selected commercial
supplier or Motorola product development engineering team.
2.22 Maintain annual Customer licenses for intrusion detection sensor signatures for IDS
supplied to Customer by Motorola with Motorola selected commercial supplier.
2.23 Provide the following reports, as applicable:
2.23.1 Case activity reports to Customer.
2.23.2 Network Security Monitoring Service reports for Customer System(s).
2.24 Apply additional support charges above and beyond the contracted service
agreements that may apply if it is determined that System faults were caused by the
Customer making changes to critical System parameters.
3.0 Customer has the following responsibilities:
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3.1 Allow Motorola Continuous remote access to obtain System availability,
performance and configuration data.
3.2 Allow Motorola to access System if firewall has been installed; provide
permanent /dedicated access for SNMP traps (outbound) and ZDS polling (inbound).
3.3 Provide continuous utility service to any Motorola equipment installed or utilized at
Customer's premises to support delivery of the Service.
3.4 Maintain and manage any equipment outside of the System.
3.5 Provide Motorola with pre - defined Customer information and preferences prior to
Start Datc necessary to complete Customer Support Plan.
3.5.1 Provide 7/24 security contact and escalation list
3.5.2 Case notification preferences and procedures
3.5.3 Repair Verification preference and procedure
3.5.4 Database and escalation procedure forms.
3.5.5 Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.6 Provide the following information when initiating a service request:
3.6. 1 1 Assigned System ID number
3.6.2 Problem description and site location
3.6.3 Other pertinent information for Motorola to open a Case.
3.7 Provide all Customer managed passwords required to access the Customer's System
to Motorola upon request or when opening a Case to request service support or
enable Response to a technical issue.
3.8 Notify the SSC when Customer performs any activity that impacts the System
(Activity that impacts the System may include, installing software or hardware
upgrades, performing upgrades to the network, or taking down part of the System to
perform maintenance.)
3.9 As necessary, upgrade System to Supported System Release as specified in
paragraph 2.22.
3.10 Allow Servicers access to Equipment (including any Connectivity or security
monitoring equipment) if remote service is not possible.
3.11 Allow Servicers access to remove Motorola owned server upon cancellation of
service as set forth in paragraph 2.2.
3.12 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore
the System as set forth in paragraph 2.15.2.
3.13 Maintain and store in an easily accessible location System backups and any /all
Software needed to restore the System.
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G �.
3.14 Verify with the SSC that Restoration is complete or System is f if
required by the Repair Verification Preference provided by Customer in
accordance with section 3.6.3.
3.15 Comply with the terms of the applicable license agreements between Customer
and the Non - Motorola Software copyright owners.
3.16 Cooperate with Motorola and perform all acts that are reasonable or necessary
to enable Motorola to provide the services described in this SOW.
WARRANIHES AND DISCLAIMER:
Motorola warrants that its services will be free of defects in materials and workmanship for a
period of ninety (90) days following completion of the service. Your sole remedies are to require
Motorola to re- perform the affected service or at Motorola's option to refund, on a pro -rata basis,
the service fees paid for the affected service.
During the applicable Warranty Period, Motorola warrants that the tested anti -virus definitions,
intrusion detection sensor signatures, and operating system security updates /patches provided if
PTSS is procured or provided via ESS, do not degrade or compromise System functionality, and
that after incorporation of the tested Software updates, the System Software, when used properly
and in accordance with the Documentation, 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. 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 this information
is provided) are collectively referred to as "Documentation." Whether a defect occurs will be
determined solely with reference to the Documentation. Motorola does not warrant that
Customer's use of the Software or Products will be uninterrupted or error -free or that the
Software or the Products will meet Customer's particular requirements.
Motorola disclaims all other warranties with respect intrusion detection sensor signature files,
express or implied, including the implied warranties of merchantability, fitness for a particular
purpose, and non - infringement. Further, Motorola disclaims any warranty concerning the non -
Motorola software and does not guarantee that customer's system will be error -free or immune to
viruses or worms as a result of these services.
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Severity Definitions Table
Severity Level
Problem Types
Severity 1
Response is provided Continuously
Restoral
Major System failure
Severity
33% of System down
Within 2 hours
33% of Site channels down
8 hours
■ This level is meant to represent a major issue that results in an unusable
1
system, sub - system, Product, or critical features from the Customer's
from receipt of
perspective. No Work- around or immediate solution is available.
Severity 2
Response during Standard Business Day
■ Significant System Impairment not to exceed 33% of system down
Notification
■ System problems presently being monitored
■ This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub - system, product, or major non- critical
Continuously
features from a Customer's perspective
Severity 3
Response during Standard Business Day
■ Intermittent system issues
■ Information questions
■ Upgrades /Preventative maintenance
Severity
■ This level is meant to represent a minor issue that does not preclude use of
Within 4 hours
the system, sub - system, product, or critical features from a Customer's
8 hours
perspective. It may also represent a cosmetic issue, including
2
documentation errors, general usage questions, recommendations for
from receipt of
product enhancements or modifications, and scheduled events such as
preventative maintenance or product /system upgrades.
On -Site Response Time Table (Customer's Response Time Classification is designated in the
Service Agreement).
Severity
Level
Standard
Response Time
Premier Response
Time
Limited Response
Time
Restoral
Off
Deferral
Severity
Within 4 hours
Within 2 hours
Within 4 hours from
8 hours
Time
1
from receipt of
from receipt of
receipt of
provided
Notification
Notification
Notification
by
Continuously
Continuously
Standard Business
Servicer
Day
Severity
Within 4 hours
Within 4 hours
Within 4 hours from
8 hours
Time
2
from receipt of
from receipt of
receipt of
provided
Notification
Notification
Notification
by
Standard Business
` Standard Business
Standard Business
Servicer
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P
Severity
Level
Standard
Response Time
Premier Response
Time
Limited Response
Time
Restoral
Off
Deferral
Standard solution for real -time Connectivity
Dr ay
Day
Day
to monitor Customers
Customers
Sevcr4
t Within 24 hours
Within 24 hours
Within 24 hours
48 hours
Time
from receipt of
from receipt of
from receipt of
provided
Notification
Notification
Notification
by
Standard Business
Standard Business
Standard Business
Servicer
Cla
Day
Day
• Please note these are Standard Commitment times. The commitment times should be
based on the Customers Support Plan.
• Provide update before the specific contractual commitments come due.
* Note: Provide update to System Support Center before Deferral time comes due.
Connectivity Matrix
Private Network Connection
Public Internet Connection
IP T1 (All Customers)
III TI (Option Available only to Customers
System Support Server
outside of the US)
Standard solution for real -time Connectivity
Non - standard solution for real -time Connectivity
Dedicated bandwidth configuration provided
No dedicated bandwidth provided to monitor
to monitor Customers
Customers
Protected from unauthorized intrusion
Low risk of unauthorized intrusion
Encryption Available
Encryption Available
Connectivity available through Motorola
Customer provides Connectivity to the internet
via an internet service provider selected by
Customer
Motorola Owned & Supplied Equipment Table
Equipment Type
, Location Installed
Firewail /Router
Master Site
System Support Server
Master Site for each Zone
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Monitored Elements Table
(Listed by Technology)
System Type
Equipment i
ASTRO 25 (release 7.x)
Packet Routing Network; Zone Controllers; Database Server;
FullVision Server; Zone Statistical Server; Air Traffic Router; System
Statistics Server; User Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola Gold Elite Gateway
(MGEG); AEB; CEB; Conventional Channel Gateway (CCGW);
Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli
Repeater RF Site (Stations); lntelli Site Repeater RF Site (Site
Controllers, Stations);
Core, Exit, Gateway, Peripheral, Border, and Site routers, HP Switches i
master, prime, console and repeater sites switches, GGSN; CWR
MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site
Power, Microwave)
DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM
POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE
OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING
OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS
SPECIFICALLY STATED
ASTRO 25 (release 6.3 —
Norte]; Packet Routing Network; Zone Controllers; Database Server;
6.9)
FullVision Server; Zone Statistical Server; Air Traffic Router; System
Statistics Server; User Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola Gold Elite Gateway
(MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF
Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site
(Stations); Intelli Site Repeater RF Site (Site Controllers, Stations);
MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site
Power, Microwave)
Does not include monitoring of any MOSCAD alarm points that do
not directly impact the performance of the radio network. Does not
include monitoring of anything outside of the radio network unless
specifically stated.
Security Elements
Core Security Management Server; Firewall; Intrusion Detection Sensors;
(Monitoring and managing
Anti -virus Management application; Authentication Management
Security Elements is
application; Centralized Logging Server
dependent on Customer
purchasing Core Security
Management Server as
Equipment with the
Custonnc Syste
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