R06-165
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RESOLUTION NO. R 06-/65"
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
A SERVICE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND MOTOROLA, INC.,
PROVIDING FOR THE MAINTENANCE OF THE
RADIO SYSTEM FOR A TWELVE (12) MONTH
PERIOD, IN AN AMOUNT NOT TO EXCEED
$128,219.16; AND PROVIDING AN EFFECTIVE DATE.
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;
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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 090606.doc
II
2i PASSED AND ADOPTED this ~ day of September, 2006.
3 CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
. -ac~
~~
Commissioner - Mui C. Ferg on
S:\CA\RESO\Agreements\Motorola Service Agr 090606.doc
@ M'07OROl.A
Ver. 4.9 Build 1000
ROb-lbS
SERVICE AGREEMENT
Attn: National Service Support
1307 East Algonquin Road
Schaumburg,lL 60196
(800) 247-2346
Agreement Order #I : 0555014950603
Supersedes AgreemenU(s) : 315004363
Date: 4/112006
Required P.O.: No
Customer ,: 100030304O
Bill to Tag #I : 0001
Contract Start Date: 1010112006
Contract End Date: 09/3IJI2007
Anniversary Date:
Payment Cycle: Quarterly
Tax Exempt: Yes
POI:
Company Name: City of Boynton Beach
Attn:
Billing Address: 100 E Boynton Beach Blvd
City, Stata, Zip: Boynton Beach, FL 33425
Customer Contact: ~ (}We.n :r"h" Sot')
-
Phone: 561-742-8033
Fax: 561-742-6039
Qty Model/OPtion DescrlDifon Monthly Ext Extended
Total Services: $ 10,684.93 $ 128,219.16
SVC01SVC1102 Dispatch S8l'Vfce
SVC01SVC1104 Techn/cel Support ServIce
SVC01SVC1103 Networlr Monitoring S8I'Vfce
SVC01SVC1422 Locel Radio Combo Package
SVC01SVC1101 Infrastructure Repair With Advanced Replacement Service
SVC01SVC1413 OnS/te Intrutructure Response S8I'Vfce - PremIer Option
SVC02SVCOOO1 SP - MICIOWflve Services
SVC02SVC0003 SP - Sof'tw8re Subscription Agreement
SUBTOTAL - RECURRING SERVICES $ 10,684.93 $ 128,219.16
SPECIAL INSTRUCTIONS - ATTACH STA.-T OF_1'Oft1'l!ftl'ONWlCl! SUBTOTAL - ONE-TIME EVENT SERVICES $ -
DEllCftIPT10NS TOTAL $ 10,684.93 $ 128,219.16
See attached list for equipment covered. TAXES $0.00 $0.00
GRANO TOTAL $ 10,684.93 $ 128,219.16
THIS SERI/lCE AMOUNT IS SUBJECT TO STAn: & LOCAl. TAXING
JURISDtC'T1ONS, TO BE VERIFIED BY IIOTOROLA.
SUBCONTRACTOR(S) CITY STATE
MoIoroIa - SSC-CaJ1 Center Operations Schaumburg IL
I ([)()()66)
Mo4DroIa - sse- Tec:lmical Support Schaumburg IL
. , 1DOO8II\
Mo4DroIa - SSC-Nelwork Management Schaumburg IL
ODerations IDOO67l
Control CommuniClltions Inc. Davie FL
Motorola - lnfrn1Juclure Depot Operations Elgin IL
100 tDOOO2I
Motorola - South Florida FSO (00164) Fl Lauderdale FL
Motorola - NIO SSA Team Schaumburg IL
Motorola's &orvice -}enns & . a copy of which is -':hed to this Service
c.,
TITLE
M
ER
M REPRESENTATIVE (SIGNATURE)
Cindee Smith
MOTOROLA REPRESENTATIVE (PRINT NAME)
SPC v4.9 Build 1000 APPROVED AS TO FORM"
~~.
Customer Support Manager
TITLE
954-723-4718
PHONE
DATE
954-723-4791
FAX
Release Date: 01101105
CITY ATTORNEY:
Customer: Bovnton Beach. City of
QW EQuioment Descriotion
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 Descriotion
1 Prime Site
1 Dispatch Center
5 Channels
Effective: 10/1/2006
Service Terms and Conditions
Motorola, 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 incaporated herein by this r<terence. 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 AgreemEl1l
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 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 working 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 Sen.ce fees for such Equi pment 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.
4.6. If Equipment cannot. in Motorola's reasonable opinion. be properiy or economically serviced
for any reason. Motorola may modrty 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 applicabie industry standards; excessive wear and tear; or aeedent, liquids,
power surges, neglect, acts of God or other force majeure events.
5.2. Uness specifically rcluded in this Agreement, Service excludes items that are consumed in
the normal operation of the Iquipment, such as batteries or mlgnetic tapes.; upgrading or
reprogramming Equipment; accessories, belt ciips, battery chergers, custom or special products,
modified units, or software; and repair or maini9nance 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 networ1<.s, the
internet or the woridwide web, or for Equipment martunction caused by such lansmission
medium.
Section 5 TIME AND PLACE OF SERVICE
Service will be provided at the iocation specified in this Agreement. 'M1en Motorola performs
service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous
work envirOlment 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 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 weelends and holidays. Unless otherwise stated in this
Agreement, the price for the Services exciude 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 perso mel 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 ~od. 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, saies 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 govemmental 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, Ccstomer'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 defaJlt. 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 pian approval. If the no....
Service Terms and Conditions.FINAL.9.1.03.doc (CSA formatted)
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 termiration of this Agreement. Upon the effoctive 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 totalliabilrty, whether for breach of
contract. warranty. negligence, strict liability in tort, or otherwise, will be limited to the direct
damages recO\erable 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 IMLL NOT
BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA,
GOOD IMLL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, I\JCIDENTAL,
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, reiated 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 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) clearty 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 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 Ccstomer 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 Ser vices 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 COTlmunications Commission or any other federal. state. or local govemment 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 emplo)ee 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 overty 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 plTpose of this Agreement will be and remain the sole property of Motorola.
Customer will safeguard all such property while it is in Ccstomer'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.
Sectlon17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be 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.
176. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the anni versary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.7. If Motorola provides Services after the termimtion 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 hour1y 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-defmed 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 3.1
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.
2.11. 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.
Network Monitoring, OnSite infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 1 of4
. MOTOROLA
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 3.4. 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 E9l1.
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 E9ll System
types.
3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to
complete Customer Support Plan.
3.4.1. Case notification preferences and procedure
3.4.2. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3.4.4. 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) ifremote
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 E9l1 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 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.
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 I 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
. MOTOROLA
Monitored Elements Table
(Listed by technology)
SmartZone 6.0
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);Intelli 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
E9l1 - Central ink Classic - Monitored by SEB
E911 - Centralink Classic- Monitored by RAC
E911 - C2000/Palladium
Network Monitoring. OnSite Infrastructure Response and Dispatch Service
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. MOTOROLA
Statement of Work
Local Radio Support
1.0 Description of Service
Local Radio Support provides an operational check of Equipment that is specifically named in the applicable
Agreement to which this Statement of Work is attached. An operational check is an analysis of the Equipment
to identifY external or internal defects.
If the Equipment has an external defect, or can be Restored without opening the radio case, the Equipment will
be Restored and returned to Customer. If the Equipment has an internal defect, or is not serviceable without
opening the radio case, then the Equipment will require additional service provided by the Servicer and not
described in this Statement of Work.
Local Radio Support includes service on standard palm microphones and single mobile control heads, provided
that they are required for normal operation of the two-way mobile and are included at the point of manufacture.
Local Radio Support 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 Support 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 Equipment to determine the nature of the problem.
2.3 Remove/reinstall mobile or data Equipment from/to vehicle as needed for servicing.
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 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Support service to Customer.
Local Radio Support
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Statement of Work
Local Radio Support
OnSite Option - Pick & Delivery
1.0 Description of Service
For the OnSite Option ("Option"), 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.
The OnSite Option of Local Radio Support SOW 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 Equipment.
Local Radio Support Remote Control Head Option for Mobiles
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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-defined 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 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.
Technical Support Service
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. MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connecti vity.
3.6. 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.
3.7. 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 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.
Remote Technical Support Response Times Table
SEVERITY
Severi I
Severity 2
Severi 3
RESPONSE
Within I Hour from recei t of Notification, Continuously
Within 4 Hours from recei t of Notification, Standard Business Day
Within next Business Da , Standard Business Day
Technical Support Service
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. 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. IfInfrastructure 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 unites) 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.
2.4.1. 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 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.
Infrastructure Repair with Advanced Replacement
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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.
2.8.4. 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 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
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 IDa 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 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 2.4.2 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 ofloss 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 Ifreceived, Customer must properly package and ship Loaner FRU back to IDa 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 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola totprovide the Infrastructure Repair with Advanced Replacement services to Customer.
Infrastructure Repair with Advanced Replacement
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. 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:
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
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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 Systemwatch 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.
Conso le( 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 Unit(s) 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 Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including Site Lens and System watch 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 IDa. Excludes anyon-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 alarming systems.
Network Fault Management Includes Full Vision. Excludes NMC
Printer( s ) Includes printers that directly interface with the communications System.
RAS(s) Excludes RAS 1l00, 1101 and 1102
Receiver(s) Includes Quantar and MTR2000, ASTRO- T AC Receivers.
Simulcast Distribution Included
Amp Ii fier( 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 IDa for repair. Excludes anyon-site
services. Excludes all batteries.
Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C
Zone Controller(s) Includes console terminals. 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
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
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Statement of Work
Software Subscription
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 ofthis 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 ofthe 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.
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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 financial 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 modity 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 tennination will be effective at the next annual anniversary date
following Motorola's receipt of the notice of termination 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.
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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
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