R05-195
II
1 RESOLUTION NO. R 05-1'15
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER TO EXECUTE
7 A SERVICE AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND MOTOROLA, INC.,
9 PROVIDING FOR THE MAINTENANCE OF THE
10 RADIO SYSTEM FOR A TWELVE (12) MONTH
11 PERIOD, IN AN AMOUNT NOT TO EXCEED
12 $124,785.96; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to enter
17 into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a
18 twelve (12) month period;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the City Manager to execute a Service Agreement between the
26 City of Boynton Beach and Motorola, Inc., a copy of said agreement is attached hereto as
27 Exhibit "A."
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Motorola Service Agr 111505.doc
II
1
2 PASSED AND ADOPTED this ~ day of November, 2005.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
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10
11
12
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16
17
18 ATTEST:
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S:\CA\RESO\Agreements\Motorola Service Agr 111505.doc
@ MOTOROLA
Ver. 4.9 Build 1000
SERVICE AGREEMENT
gOf)-IQS
Attn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
(800) 247-2346
Agreement Order #: 0555014950603
Supersedes Agreement #(s) : 315004363
Date: 3/29/2005
Company Name: City of Boynton Beach
Attn:
Billing Address: 100 E Boynton Beach Blvd
City, State, Zip: Boynton Beach, FL 33425
Customer Contact: Brenda Levant
Phone: 561-742-6033
Fax: 561-742-6039
Required P.O.: No
Customer #: 1000303040
Bill to Tag #: 0001
Contract Start Date: 10/0112005
Contract End Date: 09/30/2006
Anniversary Date:
Payment Cycle: Quarterly
Tax Exempt: Yes
PO#:
Qty
I Model/Option
i SVC01 SVC 1102
I SVC01 SVC11 04
SVC01SVC1103
SVC01SVC1422
ISVC01SVC1101
/SVC01SVC1413
SVC02SVC0001
SVC02SVC0003
I Description
Dispatch Service
I Technical Support Service
Network Monitoring Service
,Local Radio Combo Package
I
l'lnfrastructure Repair With Advanced Replacement Service
OnSite Infrastructure Response Service - Premier Option
SP - Microwave Services
SP - Software Subscription Agreement
I
$
$
1$
1$
i:
$
$
I
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE
DESCRIPTIONS
I See attached list for equipment covered.
I
SUBTOTAL - RECURRING SERVICES $
SUBTOTAL - ONE-TIME EVENT SERVICES
TOTAL $
TAXES $0.00
GRAND TOTAL! $
~
f-------
i
Monthly Ext
213.11 $
123.76 $
173.70 $
5,199.55 $
1,194.27 $
2,679.04 $
410.40 $
,
405.00 I $
Extended !
2,557.321
1.485.121'
2,084.40
62,394.60
14,331.241
32, 148.481'
4,924.80
4,860.00
I
!
I
10,398.83 ' $
$
10,398.83 $
,$0.00
10,398.831 $
~
l
124,785.96/
124,785.96
1
~
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS. TO BE VERIFIED BY MOTOROLA
L
I SUBCONTRACTOR(S)
,Motorola - SSC-Call Center Operations
i (00066)
! Motorola - SSC-Technical Support
, Operations (00068)
Motorola - SSC-Network Management
Operations (00067)
Motorola - South Florida FSO (00164)
I Motorola - Infrastructure Depot Operations
100 (00002)
Motorola - NIO SSA Team
Motorola's Se 'ce Terms & Conditions, a copy of which is attached to this Service
Agreement,' i corpo e herein by this reference
TITLE
l
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH. Fl
Customer Support Manager
TITLE
954-723-4718
PHONE
OLA REPRESENTATIVE (SIGNATURE)
Cindee Smith
MOTOROLA REPRESENTATIVE (PRINT NAME)
APP VED AS TO FOr,M;
CITY
Schaumburg
I Schaumburg
Schaumburg
Fl. Lauderdale
Schaumburg
DATE
DATE
954-723-4791
FAX
1 STATE
IL
I
IL
-i
=J
IL
---b-~-~
--tt:
IL -I
IL -----j
+
I
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Release Date: 01/01/05
Customer: Boynton Beach, City of
Effective: 10/1/2005
~ Equipment Description
5 Quantar Repeaters
4 Centracom Gold Elite Consoles
8 Control Stations
5 RCH Digital Remote
1 Moscad (1 PC, 1 Laptop, 1 RTU)
61 Astro Spectra Mobiles
222 L TS2000
98 LCS2000
248 XTS3000
15 XTS5000
2 XTL5000
1 Microwave System
System Description
1 Prime Site
1 Dispatch Center
5 Channels
Service Terms and Conditions
Motorola, Inc., through its Commercial, Govemment, and Industrial Solutions Sector ("Motorola'),
and the customer named in this Agreement ("Customer"), hereby agree as follows:
Section 1 APPLICABILITY
These Service Tenns 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. 'Agreemenr 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 incaporated herein by this reference. In interpreting this Agreement and resolving any
ambiguities, these Service Tenns 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. 'Equipmenr 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 Tenns 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 tenn 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 wor1< or other document attached to this A9reement. At Customer's req uest,
Motorola may also provide additional services at Motorola's then-applicable rates for such
services.
4.2. If Motorola is providing Services for Equi pment, 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 inrtial Equiprrent, 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 wor1<ing order on the Start Date or when additional equiprrent
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 Serlice fees for such Equipment will tenninate 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.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properiy 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.
SecUon 5 EXCLUDED SERVICES
5.1. Service exciudes the repair or replacement of Equipment that has become defective or
damaged from use in other than the nonnal, 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 ncluded in this Agreement, Service excludes items that are consumed in
the nonnal operation of the Itluipment, such as batteries or m>gnetic tapes.; upgrading or
reprogramming Equipment; accessories, bert clips, battery chargers, custom or special products,
modified units, or software; and repair or mainenance of any transmission line, antenna,
micro.vave equipment, tower or tower lighting, dUplexer, combiner, or multi coupler. Motorola has
no obligations for any transmission medium, such as telephone lines, computer networ1<s, the
internet or the woridwide web, or for Equipment ma~unction caused by such lansmission
medium.
SecUon 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. V'vt1en Motorola perfonns
service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous
wor1< envircnment with adequate shelter, heat, light, and power and with full and free access to the
Equipment. Wai vers of liability from Motorola or its subcontractors will not be imposed as a site
access requirement. Customer will provide all infonnation pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may
perfonn rts 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 weelends 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 persomel to maintain contact, as needed, with
Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this Agreem81t, Motorola will invoice
Customer in advance for each payment plfiod. All other charges will be billed monthly, and
Customer must pay each inv<>ce 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
(exceptincome, profit, and franchise taxes of Motorola) by any governmental ertity.
SecUon 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
wor1<manship for a period of ninety (90) days from the date the perfonnance of the Services are
completed. In the event of a breach of this warranty, CLBtomer'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-confonning Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Section 10 DEFAULTITERMINATION
10.1. If either party defaults in the perfonnance of this Agreement, the other party will give to the
non-perfonning party a written and detailed notice of the defwlt. The non-perfonning 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-
Service Terms and Conditions.FINAL.9.1.03.doc (CSA formatted)
perfonning 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 tenninate this Agreement effective
upon giving a written notice of tenninatton to the defaulting party.
10.2. Any tennination of this A9reement 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 tennination. All sums owed by Customer to Motorola will become due an d payable immediately
upon termiJlltion of this Agreement. Upon the effective date of tenninatlon, 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 recOlerable under law, but not to exceed the price of twelve (12) months of Service
provided under this Agreement. ALTHOUGH THE PARTIES ACKNOVVLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA 'MLL NOT
BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA,
GOOD 'MLt., REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, IlICIDENTAL,
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 tennination 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 a uthorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order i;sued 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 tenns contained in a Customer
r:xrchase order, acknowledgement, or other writings unless: (i) such purchase order,
acknowledgement, or other writings specifically refer to this Agreement; (ii) c1eariy indicate the
intention of both parties to override and modify 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 fonn of specifications, drawings, reprints, technical
infonnation 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 retumed at
Motorola's request. Customer may not disclose, without Motorola's written pennission or as
required by law, any such infonnation or data to any person, or use such infonnation or data itself
for any purpose other than perfonning its obligations under this Agreement. The obligations set
forth in this Section will survive the expiration or tennination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financiai or technical infonnl;tion
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 CLBtomer with access to its confidential
and proprietary infonnation, 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 resull of or related to the Equipment sold
or Ser vices perfonned under this Agreement.
Section 14 FCC UCENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal C011munications 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 tenn 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 emplo)<le 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 overiy broad under applicable law, it shall be modified as necessary to confonn 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 plJ"pose of this Agreement will be and remain the sole property of Motoroia.
Customer will safeguard all such property while it is in CLBtomer's custody or control, be liable for
any loss or damage to such property, and retum 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 tenns will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be govemed and interpreted in
accordance with the laws of the State in which the Services are perfonned.
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 perfonnance 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
perfonnance, under this Agreement.
17.6. THIS AGREEMENT 'MLL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the anni versary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.7. If Motorola provides Services after the tenniration or expiration of this Agreement, the
terms and conditions in effect at the time of the termination or expi ration will apply to those
Services and Customer agrees to pay for such services on a time and materials basis at
Motorola's then effective houriy rates.
. MOTOROLA
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Overview: 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: SmartZone up to
release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway)
v2.0.3 and higher, and E911.
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 (SSe) detects
an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an
appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the
Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of
a Servicer. The Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in
the Severity Definitions Table and Response times set forth in the 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. This Case management allows for
Motorola to provide activity and performance reports.
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. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such
equipment upon Customer's request.
2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private
Data system types.
2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.4. Continuously receive service requests.
2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3. I
2.6. Attempt remote Restoral, as appropriate.
2.7. Create a Case as necessary when service requests are received. Gather information 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. I 1. Servicer will perform the following on-site:
2. 11. I. Run diagnostics on the Infrastructure or FRU.
2.1 1.2. 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.
2.11A. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page I of4
. MOTOlfOLA
2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's
repair Verification preference in the Customer Support Plan required by section 3A. 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 party upon expiration of a Response time.
2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15. Notify Customer of Case Status, as required by the Customer Support Plan 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), excludes E911.
2.16.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniLink, and Private Data
Systems only.
3.0 Customer has the following responsibilities:
3.1. Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if
recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may
prevent Motorola from rendering the services described in this Statement of Work.
3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System
types.
3A. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to
complete Customer Support Plan.
3 A.1. Case notification preferences and procedure
3A.2. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3AA. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.5. Provide the following information when initiating a service request:
3.5.1. Assigned System ID number
3.5.2. Problem description and site location
3.5.3. Other pertinent information requested by Motorola to open a Case.
3.6. 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.)
3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote
service is not possible.
3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in
paragraph 2.11.2
3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.10. Maintain and store in an easily accessible location proper System backups.
3.11. For E911 systems, test the secondarylbackup PSAP connection to be prepared in the event of a
catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3.12. 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 3.4.
3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 2 of4
. MOTOROLA
Severity Definitions Table
Severity Level Problem Types
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. 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 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. 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
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. 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.
Response Time Table (Customer's Response Time Classification is designated in the Service Agreement).
Severity Regular Premier Limited
Level Response Time Response Time Response Time
Severity 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Continuously Continuously Standard Business Day
Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from
receipt of Notification receipt of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 3 of4
. MOT'OROLA
Monitored Elements Table
(Listed by technology)
Nortel; 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;
ARCADACS Cross Connect Switch;
Simulcast RF Site (Site Controllers,
Comparators, Stations); Intelli Repeater RF
Site (Stations);lntelli Site Repeater RF Site
(Site Controllers, Stations);
SmartZone 4.1
MOSCAD Overlay (TenSr, Station,
Channel Banks, TRAK GPS, Environmental
Alarms, Microwave)
Zone Controllers; Database Server; Digital
Interface Unit (DIU); Central Electronic
Bank (CEB) Interface; AEB;
FullVision Server; Air Traffic Router;
System Statistics Server (Multi-Zone); Zone
Statistical Server; User Configuration
Server; NOVA 2000 (Interconnect); Remote
RF Sites (Site Controllers Including
Simulcast, Stations);
SmartZone 3.0 - 3.5
MOSCAD Overlay (Stations-Non Trunked,
Comparater, TenSr Channel Banks,
Environmental Alarms, Microwave)
Zone Controller; Database Server; User
Server; Digital Interface Unit (DIU); Central
Electronic Bank (CEB) Interface;
AEB; User Configuration Server (3.5);
Historical Server (User Server 16); AEB
Central Electronic Bank (CEB); MBX
(Interconnect); Remote RF Sites (Site
Controllers -Including Simulcast, Stations);
SMARTNET Monitored by MOSCAD SiteSentry
MOSCAD Overlay (Stations, TenSr
Channel Banks, Environmental Alarms,
Microwave)
Site Controllers; Stations; Environmental
Alarms; Channel Banks
Wireless Network Gateway (WNG); Radio
Network Controller (RNe); Base Station
Teltronics ALl
Teltronics ANI
Teltronics ALl
Palladium ALl
Teltronics ANI
Private Data
E91l - Central ink Classic - Monitored by SEB
E911 - Centralink Classic- Monitored by RAC
E911 - C2000/Palladium
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 4 of 4
. MOTOROLA
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 identity 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; iDEN accessories; iDEN 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 are excluded from Local Radio Combo service unless they are purchased as an option for an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements 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 an operational check on the Equipment to determine 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 Notity 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 tlashcode 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 the Local Radio Combo Package service to Customer.
Local Radio Combo Package
Approved by Motorola Contracts & Compliance 04/30/04
Page 1 of 1
. 1I1f07*OROLA
Statement of Work
Local Radio Combo Package
OnSite Option - Pick up & Delivery
1.0 Description of Service
Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the
Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan.
This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of
Work is attached.
2.0 Motorola has the following responsibilities:
2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable
alternative date and/or time for pick up/delivery.
2.2 Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2 Provide problem description along with unit.
Local Radio Combo Package OnSite Option
Approved by Motorola Contracts & Compliance 04/30/04
Page 1 of 1
. MOTOROLA
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 (SSe) 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.
Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and
higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two-
Way.
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.
2.2. 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-defmed information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Complete database and escalation procedure forms.
3.1.2. 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 ofthe problem.
3.3. Supply on-site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
Technica/ Support Service
Approved by Motorola Contracts and Compliance 12-19-03
page 1 of2
. MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connectivity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defmed in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.7. 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 . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. 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 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. 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
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. 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
Severi 1
Severi 2
Severity 3
RESPONSE
Within 1 Hour from recei t of Notification, Continuousl
Within 4 Hours from recei t of Notification, Standard Business Day
Within next Business Da , Standard Business Day
Technical Support Service
Approved by Motorola Contracts and Compliance 12-19-03
page 2 of2
. MOTOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair 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. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit,
SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the
Motorola Infrastructure Depot Operations (IDa). 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) or FRU(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 IDa and returned to IDa FRU inventory upon completion of repair. In cases
where Advanced Replacement is not available or when a Customer requires the exact serial number to be
returned, a FRU may be available on a Loaner basis.
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. Use commercially reasonable efforts to maintain an inventory ofFRU.
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 IDa's FRU inventory to Customer specified
address.
2.4. I. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, 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.
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 IDa and the Customer will own the Advanced Replacement FRU.
2.4.3. When sending a Loaner FRU to Customer, IDa 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 IDa. IDa will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return IDa'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.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04 page 1 of3
. MOTOROLA
2.7.5. Perform a System Test on select Infrastructure.
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.
2.804. Perform a posHest 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 IDa determines that the malfunctioning Infrastructure is due to a
Software defect, IDa 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
IDa FRU. Motorola will return Customer's FRU(s) to IDa's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastructure to the Customer specifIed address during normal operating hours set forth in
204.1. 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 (SSe) 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 subj ected 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.
3.104. Provide Customer purchase order number to secure payment for any costs described herein.
1.1 Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 204.1.
1.2 Within fIve (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 204.2 above
back to IDa 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.
1.3 Ifreceived, Customer must properly package and ship Loaner FRU back to IDa within five (5) days of
receipt of Customer's repaired FRU.
1.4 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in
paragraph 2.3 and 2.9.
1.5 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.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 2 of 3
. MOTOROLA
4.0 In addition to any exclusions named in Section 5 of the Service Tenns 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:
1. All Infrastructure over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges.
5. Test equipment.
6. Racks, furniture and cabinets.
7. Finnware and/or Software upgrades.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 3 of 3
. MOTOROLA
SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair
Infrastructure Exhibit
Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners,
tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines.
Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY.
Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub
Channel Bank(s) Includes Premisys and Telco. Excludes Siemens
Comparator( s) Includes Spectratac, Digitac, and Astrotac Comparators.
Computer( s ) Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and System watch II. Includes keyboards,
mice and trackballs. Excludes laptop computers and all 286, 386,486 computers.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
panel display image retention.
Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part
of complete communication System - ONLY. Includes headset jacks, dual footswitches,
and gooseneck microphones. Excludes Centracom I.
Controller(s) - Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS
controllers.
Dictaphones and Recording Excludes all types and models.
Equipment
Digital Interface Unites) Included
Digital Signaling Modem(s) Included upon modem model availability
Digital Voice Modem(s) Included upon modem model availability
Embassy Switch Includes AEB, AIMI, ZAMBI, AMB
Management Tenninals Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including Site Lens and Systemwatch II. Excludes laptop
computers and all 286, 386,486 computers.
MBEX(s) or NOVA Interconnect Included
Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and
material basis. All Equipment must be shipped to IDO. Excludes anv on-site services.
Monitor(s) Includes all monitors connected to computers that directly interface with or control the
communications System. Includes flat panel displays and touch screen monitors.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
panel displav image retention.
Moscad Only NFM (Network Fault Management), as part of communication System only.
Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be
Quoted separately. Excludes Fire alanning systems.
Network Fault Management Includes Full Vision. Excludes NMC
Printer( s ) Includes printers that directly interface with the communications System.
RAS(s) Excludes RAS 1100, 1101 and 1102
Receiver(s) Includes Quantar and MTR2000, ASTRO- T AC Receivers.
Simulcast Distribution Included
Amplifier(s)
Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System.
Universal Simulcast Controller Included
Interface( s )
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 anyon-site
services. Excludes all batteries.
Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-tenninals NDS14C and NDS17C
Zone Controller(s) Includes console tenninals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820
1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A
0424 and TLN3278A 0181/0389.
. MOTOROLA
Statement of Work
Software Subscription Consoles Only
1.0 Description of Service
Motorola will provide to Customer Software Subscription services in accordance with this Statement of
Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or
at another address that Customer may direct in writing). These software bulletins announce and explain
Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to
Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these
services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by
Customer.
Software Subscription includes design services for Enhancement Releases only. Motorola will review
System audit data (when this service is performed by Motorola) along with an equipment list to avoid
potential Software incompatibilities between equipment that is being upgraded versus equipment which is
not being upgraded with the Enhancement Release. Motorola will identify additional equipment and
engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a
plan for installation of this additional equipment in addition to the core or enhancement release.
Implementation of this installation plan is not included with the Software Subscription services.
Additional Provisions for Software Subscription services that begin after December 31. 2004. concerning
SmartZone 4.1 and Astro 25 Trunking Systems: Motorola recommends that Customer maintains continuity
in receiving Software Subscription services until Customer decides to no longer install additional
Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription
services and later decides to reinstitute Software Subscription services, then Motorola will provide those
Software Subscription services retroactively to the date such services were discontinued.
Exclusions
The Software Subscription program originated from and was designed to support Motorola's radio systems
business. The Software Subscription program does not cover the software, hardware, or services provided
by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E911 solution subcontractor;
or any Motorola business sector other than CGISS. Software not purchased through Motorola is not
covered.
Software Subscription services are not intended to, and do not, cover software support for virus attacks,
games or other applications that are not part of the System, or misuse of the covered Software. Motorola is
not responsible for management of anti-virus or other security applications (such as Norton).
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 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases.
2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement
Release that apply to the Motorola Software in Customer's existing System components.
2.3 Perform the following Software upgrade design:
2.3.1 Review Infrastructure System audit data as needed.
2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if
applicable.
2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements,
installation plan, and impact to System users that will fulfill the Customer's upgrade
requirements.
Software Subscription
Approved by Contracts & Compliance -1121105
10f3
. MOT'OROLA
2.3.4 Advise Customer of probable impact to System users during the actual field upgrade
implementation.
2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core
Release that apply to the Motorola Software in Customer's existing System components. Optional
Features issued with a Core Release are not included under these Software Subscription services but
are available to Customer, under a separate agreement at a discount from current list price (20% for
voice System Optional Features and 15% for data System Optional Features). Once an Optional
Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no
additional charge.
3.0 Customer has the following responsibilities:
3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core
Release as directed in the Customer Support Plan.
3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an
Enhancement Release.
3.3 Review Software installation plans and impact to the users with appropriate Customer personnel.
3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services to Customer
4.0 Special provisions: the following provisions apply to the Software Subscription services:
4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may
be required to prevent an installed Enhancement Release or Core Release from overwriting the Special
Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be
incorporated into an Enhancement Release or Core Release and whether additional engineering effort
is required.
4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor
performance enhancements and will keep the System current. In addition enhancement releases may
contain updated versions of third party software enabling customers to obtain optimal support for these
products. Customer is encouraged to migrate the Motorola Software to the most current Core Release
because Enhancement Releases are available for a limited time for a given core release as defined by
Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported
Software version, all Core Releases and Enhancement Releases may not be compatible with
Customer's existing System.
4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade
or migrate to a particular Core Release or Enhancement Release. If the size and complexity of
Customer's System warrants, Motorola may provide consultation services to determine the
technological, operational and fmancial impact of installing a particular Core Release or Enhancement
Release on the System, pursuant to a separate agreement. Customer must pay for such consulting
services and for any other engineering services, hardware, and software that are required to upgrade or
migrate Customer's System due to each Enhancement Release or Core Release that Customer orders.
4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in
accordance with the applicable Software License Agreement. Nothing in this Statement of Work or
caused by Motorola rendering these Software Subscription services is intended to modifY the Software
License Agreement or to alter Motorola's intellectual property rights in and to its Software.
4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by
defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include
repair or replacement of defects resulting from any nonstandard or improper use or conditions or from
unauthorized installation of Software.
4.6 Customer may terminate Software Subscription services at any time by giving written notice of
termination to Motorola. Such termination will be effective at the next annual anniversary date
following Motorola's receipt of the notice oftermination and may be partial if that is reasonably
necessary to accommodate a significant change to Customer's System configuration.
4.7 These Software Subscription services and the parties' duties described in this Statement of Work will
automatically terminate if Motorola no longer supports the Software version in Customer's System or
discontinues the Software Subscription program; in either case, Motorola will refund to Customer any
prepaid fees for Software Subscription services applicable to the terminated period.
Software Subscription
Approved by Contracts & Compliance -1/21/05
20f3
. MOTOROLA
4.8 Motorola may suspend or terminate these Software Subscription services, if Customer fails to pay
Motorola any fees for Software Subscription services when due, Customer breaches the Software
License Agreement or the Agreement, Customer's rights to use the Software under the Software
License Agreement expires or is terminated, or Customer replaces its Motorola System with a system
from another manufacturer.
Software Subscription
Approved by Contracts & Compliance -1121105
30f3
. MOTOROLA
Statement of Work
SP-Microwave Service Repair
1.0 Description of Services
Microwave Service Repair is a repair service provided by the Servicer for the Microwave equipment named on
the Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure may be sent to
Motorola, original equipment manufacturer, third party vendor, or other facility for repair.
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 Servicer has the following responsibilities:
2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer.
Any replaced FRU will be of a similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning FRU(s). Servicer is responsible for travel costs to a Customer location to
repair Infrastructure.
2.2. Perform the following on Motorola Infrastructure:
2.2.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer.
2.2.3. VerifY that Motorola Infrastructure is returned to Motorola manufactured specifications.
2.3. Provide the following service on select third party Infrastructure
2.3.1. Perform pre-diagnostic and repair service to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable.
2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for
repair service. Servicer is responsible for all shipping and handling charges.
2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor
for service.
2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer
required by Section 3.2. If the Customer template is not provided or is not reasonably usable, a standard
default template will be used. The Servicer will provide the standard template.
2.5. NotifY the Customer upon completion of repair or replacement.
2.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified address. Servicer
will pay return shipping charges, ifbeing sent via overnight carrier.
3.0 Customer has the following responsibilities:
3.1. Contact Servicer and provide the following information:
3.1.1. Provide customer name, address of site location, and symptom of problem.
3.1.2. Provide model description, model number, serial number, and type of System and Firmware version,
if known.
3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading, if
necessary by Servicer, after repair service is completed.
3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide Local Infrastructure Repair services to Customer.
Local Infrastructure Repair
Approved by Motorola Contracts and Compliance 1-15-04
page 1 of I
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Gwendolyn Johnson
Communications Interim Manager
FROM:
Janet M. Prainito
City Clerk
DATE:
November 17, 2005
RE:
R05-195 - Authorizing service agreement between Motorola and the City
of Boynton Beach
Attached for your information and files is a copy of the above-mentioned contract and
Resolution. I have retained the original in Central File.
Thank you.
eX: In. p~
S:\CC\WP\AffiR COMMISSION\Departmental Transmittals\2005\Jody Rivers - Glatting Jackson Agreement for landscape Architectural _ ROS- 1M.doc