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R13-053 1 1 RESOLUTION NO. R13 -053 21 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 1 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING A SERVICE AGREEMENT BETWEEN 7 THE CITY OF BOYNTON BEACH AND MOTOROLA, 8 INC., PROVIDING FOR THE CONTINUED 9 MAINTENANCE AND REPAIR OF THE CITY'S 10 RADIO TELECOMMUNICATIONS SYSTEMS FOR A 11 TWELVE (12) MONTH PERIOD, IN THE AMOUNT OF 12 $107,775.24; AUTHORIZING THE CITY MANAGER 13 TO EXECUTE THE AGREEMENT; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to enter 19 into a Service Agreement with Motorola, Inc., for the continued maintenance and repair of 20 the City's radio telecommunication systems for a twelve (12) month period; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 27 approves the Service Agreement for the continued maintenance and repair of the City's radio 28 system between the City of Boynton Beach and Motorola, Inc. for a twelve (12) month 29 period in the amount of $107,775.24. 30 Section 3. The City Manager is authorized to execute the Service Agreement, a 31 copy of which Agreement is attached hereto as Exhibit "A." \ \apps3 city cbb\auto \Data \179 \Items \171\2474 \3199 \Reso = _Motorola_Service_Agr_(2013 -14) doc 1 Section 4. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this 18 day of June, 2013. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 , 6 for — J; Ta r 7 1 I - Mayo — Woodrow . Hay 101 11 I 12 Commissio er — David T. Merker 13 w 14 1 14. ` 15 Co missio -r — M' h• M. Fitzpatrick 16 17 , i L 18 ATTEST: Co missioner — Joe Casello 19 20 21 22 Jan M. Prainito, MMC 23 • y Clerk 24 G` 7 Y 0 25 26 0 . 27 to 0 ro, 4 \ \apps3 city cbb\ auto\ Data \179 \Items \171\2474 \3199 \Reso_ _Motorola_Service_Agr_(2013 -14) doc X13 -053 MOTOROLA SOLUTIONS SERVICES AGREEMENT Attn National Service Support/4th f? Contract Number: S00001000428 1301 East Algonquin Road Contract Modifier. RN15 APR - 13 13:22:36 (800) 247 - 2346 Date: 04/15/2013 Company Name: Boynton Beach, City Of Required P.O : No Attn: Customer # : 1000303040 Billing Address: 100 E Boynton Beach Blvd Bill to Tag # : 0001 City, State, Zip Boynton Beach,FL,33435 Contract Start Date: 10/01/2013 Customer Contact: Contract End Date: 09/30/2014 Phone: Anniversary Day. Sep 30th Payment Cycle: QUARTERLY PO # : QTY MODELJOPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $8,981.27 $107,775.24 SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event Services Total $8,981.27 $107,775.24 Taxes - - MAINTENANCE CONTRACT INCLUDES THE Grand Total FOLLOWING SERVICE PRODUCTS $8,981.27 $107,775.24 DISPATCHING, TECHNICAL SUPPORT, THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL. TAXING NETWORK MONITORING, INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE. TO DE VERIFIED BY MOTOROLA REPAIR, ON SITE INFRASTRUCTURE RESPONSE, AND LOCAL RADIO COMBO PACKAGE Subcontractor(s) City State MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL N MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER - NETWORK MGMT 00067 RG MOTOROLA SYSTEM SUPPORT CTR -CALL SCHAUMBU IL CENTER D0066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT-TECHNICAL SUPPORT 00068 RG CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL CONTROL COMMUNICATIONS DAVIE FL I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. 1 a AA- a - IY1 g 1 ? i 3 AUTHORIZED CUSTOME SIGNATURE TI E DATE Lori LaVerriere CU MER (PRINT NAME) . 1: T IMF A : a ' r MOTOROLA REPRE SIGNA - U - RE) TITLE DATE Cindee Markes 954 - 723 -4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Boynton Beach, City Of Contract Number: S00001000428 Contract Modifier: RN15- APR -13 13:22:36 Contract Start Date: 10/01/2013 Contract End Date: 09/30/2014 APPROVED AS " -. / /L 14/ TY ATTORNEY 2 Customer: Boynton Beach, City of Effective: 10/1/2013 Contract #: S00001000428 ,Qft Equipment Description 5 Quantar Repeaters 5 Gold Elite Consoles 12 XTL2500 Control Stations 5 RCH Digital Remote 1 Moscad (1 PC, 1 Laptop, 1 RTU) 1 Microwave/ Fiber Link tied into County's Microwave System 10 XTS1500 Fire Department 60 XTS2500 185 XTS5000 71 Astro Spectra Mobiles (Best Effort Support) 73 XTL2500 36 XTL5000 12 Astro Spectra Consolettes (Best Effort Support) 2 XTL5000 Consolettes 1 GenWatch Hardware Support Only included System Description 1 Prime Site 1 Dispatch Center 5 Channels For out of support equipment, Motorola will continue to provide our contracted response time to support your Radio System. However we can no longer guarantee more than a Commercially Reasonable Effort in regards to repair times of non-supported infrastructure components. 3 Service Terms and Conditions Motorola Solutions, inc., through its Commercial, Government, and Industrial Solutions Sector ( "Motorola "), and the customer named in this Agreement ( "Customer'), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment' means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement_ At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for such services. 4 2. If Motorola is providing Services for Equipment, Motorola pans or parts of equal quality will be used, the Equipment will be serviced at levels set forth in the manutaclurer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer win provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is Lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the Level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner, use not in compliance with applicable industry standards; excessive wear and tear, or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt dips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreermernt, Motorola will invoice Customer in advance for each payment period. Ali other charges will be bided 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 elf property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. 5 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. AU sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intenfror) of both parties to override and modify 6 this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such Information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any govemmentai matters. Section 15 COVENANT NOT TO EMPLOY Dunng the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement wilt be and remain the sole property of Motorola Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return ft to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 7 172. 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 perfomtance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS 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 anniversary date, Motorola may adjust the price of the Services to reflect its current rates. In the event of a price adjustrnent, the City shall have the right to cancel the Agreement by providing written notice to Motorola. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. 8 0 MOTOROLA SOLUTIONS Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and On Site Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000, SmartZone® / OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre - defined Seventy Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein The SSC maintains contact with the on -site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a pnvate network connection necessary for monitoring ASTRO and ASTRO25, SmartZone/ OmniLink, Private Data, and Harmony Wireless Communications network types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform► remote diagnostics as permitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7. I 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 perforrn 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. 9 0 MOTOROLA SOLUTIONS Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000, Smart7.one® /OmniLink() v2.0.3 and higher, Smart Nett, Private Data (with a wireless network gateway) v2.0.3 and higher, and Harmony Wireless Communications System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre- defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on -site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTRO25, SmartZonef OmniLink, Private Data, and Harmony Wireless Communications network types.The Connectivity Matrix set forth in Appendix I , further describes the Connectivity options. 2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring pnor to System Acceptance or Start Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received Gather 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 Services may accompany that Vendor onto the Customer's premises. 10 2.12 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate 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 described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed 2.16 Provide the following reports, as applicable: 2.16,1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. 2.17 Respond in accordance to pre- defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3,1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial -up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre-defrned Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 15,2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure forms. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 16.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3 7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verify with the SSC that Restoration is complete or System is functional., if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer risking changes to critical System parameters 3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW, 11 2.12 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate 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 described in the Customer Support Plan required be section 3.5 at the following Case Levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16 Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. 2.17 Respond in accordance to pre - defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS potting (inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial -up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre- defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure forms. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, perfonning upgrades to the network, or taking down part of the system to perform maintenance.) 3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3 10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters 3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 12 Severity Definitions Table Severity Level Problem Types Severity 1 1. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub - system, Product, or critical features from the Customer's perspective. No Work - around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4 This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub- system, product, or major non - critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub - system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On -Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Level Premier Resters' Off Deferral Response Time Severity 1 Within 2 hours from receipt of Notification 8 Hours Time provided Continuously by Servicer * Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Standard Business Day by Servicer * Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided Standard Business Day by Servicer * Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. • Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Appendix 1 Connectivity Matrix _ System Type Connectivity Responsibility Astro 25 T1 Motorola SmartZone/OrnniLink v3.5 and below 256K Motorola SmartZone/OmniLink v4 and above 512K Motorola Private Data 256K Motorola ARC 4000 TI or VPN Motorola — MESH T1 or VPN Motorola Harmony ' T1 Motorola 13 MotoBridge T1 or VPN Motorola SmartNet Dial -up Customer Private Network Connection Public Internet Connection IP VPN IPVPN (All Customers) (Option Available only to Customers outside of the US) Standard solution for real time Connectivity Non Standard solution for Connectivity Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption available Encryption is required Connectivity available through Motorola Customer provides Connectivity to the interne via an intemet service provider selected by Customer. Motorola Owned & Supplied Equipment Table Equipment Type Location Instilled Firewall/Router Master Site System Support Server Master Site for each Zone Monitored Elements Table (Listed by technology) I System Type 1 Equipment / (vu( 1 /tpt ut' 1t pro/the' 'ill(! 14 0 MOTOROLA SOLUTIONS Statement of Work Infrastructure Repair 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 (Le. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola ?sdiscretion, 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. 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 repair return authorization numbers when requested by Customer. 2 2 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.3 Perform the following service on Motorola Infrastructure: 2.3 1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.3.2 Replace malfunctioning FRU or Components. 2.3.3 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.3.4 Perform a Box Unit Test on all serviced Infrastructure. 2.3.5 Perform a System Test on select Infrastructure. 2.4 Provide the following service on select third party Infrastructure: 2.4.1 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. 2.4.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.4.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.4.4 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 2.5 Re- program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.3. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.6 Properly package repaired Infrastructure 2.7 Ship repaired Infastructure to the Customer specified address during normal operating hours of Monday through Friday 7:OOarn to 7.00pm CST, excluding holidays. FRU will be sent two -day air unless otherwise requested. Select third party FRU. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours an& 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 a return authorization number prior to shipping malfunctioning!nfrastmcture or third party 15 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 Properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un- damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.3 Maintain templates of Software/applications and Firmware for re- loading of Infrastructure as set forth in paragraph 3.4 For Digital In-Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair services to Customer. 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. 1. All Infrastructures over seven (7) years from product cancellation date. 2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date. 3 Physically damaged Infrastructure. 4 Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In -Car Video equipment. 7. Test equipment. 8. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades SmartZone System Incursions, Exchasions, Exceptions and Notes 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, MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub Excludes all other technologies see SOW specifically for NICE logging recorders Channel Bank(s) Includes Prernisys and Telco Excludes Siemens Comparator(s) Includes Spectratac, Digitac, and ASTRO -rac Comparators Computer(s) Inclubes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II, keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers, defective or phosphor- burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes Centracom Gold Elite, MCC7500, MCC5504, MIPS000 as part of complete communication System 9 including headset jacks, dual footswitches, and gooseneck microphones. Excludes cables Controller(s) - Trunking Includes SmartNet II prime and remote controllers. 16 Excludes SSMT and SCMS controllers. Dictaphones, Logging Excludes all other technologies Recorders and Recording see SOW specifically for NICE logging recorders 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, AIM[, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Included Interconnect 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 any on -site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor -bumed cathode ray tubes CRT(s) and bumcd -in flat panel displays image retention as well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Moscad Includes NFM (Network Fault Management), as part of comrnunication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. Motobridge Included Network Fault Management Includes Full Vision Excludes NMC Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1 101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRD -TAC Receivers Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Excludes MFS - Rubidium Standard Network Time and Frequency devices Universal Simulcast Controller Included Interfaces) UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on -site services. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x- terminals NDS 14C and NDS 17C Zone Controller(s) Includes console terminals. Excludes all Sun/IMP hard drives except TLN3495A 0820 1 GB drive as well as the following SUN/IMP CPUSET?s: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. Approved by Contract and Compliance 11/20/09 Motorola, Inc. 1303 E. Algonquin Road, Setiaumburg, 11. 60196 U.S A. Version 1.9 1/12/12 17 MOTOROLA SOLUTIONS Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported by Motorola. Technical Support is applicable to the following system types: ASTRO®, ASTRO® 25 , ARC 4000, SmartZone® v2.0.3 and higher, SmartZane® /OmniLink ®, E911, Private Data v2.0.3 and higher, SmartNet®, Conventional Two-Way, and Wireless Broadband. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.1.1 If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System but may not be able to resolve the issue without the Customer replacing the Infrastructure. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2 5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2 6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following Responsibilities: 3.1 . Provide Motorola with pre - defined information prior to Start Date necessary to complete Customer Support Plan. 3 1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, sites) in questions, and brief description of the problem. 3.3. Supply on -site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Remove video from Digital In -Car Video equipment prior to contacting Motorola. If Technical Support assists the Customer in removing video, the Customer acknowledges, understands and agrees that Motorola does not guarantee or warrant that it will be able to extract any captured video or that any captured video will not be damaged, lost or corrupted. 18 3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.8 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 1. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub - system., Product, or critical features from the Customer's perspective. No Work - around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub- system, product, or major non - critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2.. Intermittent system issues 3 Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub - system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity 1 Within 1 Hour from receipt of Notification, Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day ;ppm, <z/ 111 1_,;'u! l I - 20 - 09 19 MOTOROLA SOLUTIONS Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two -way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two -way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; 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 services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick -up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terrns 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 utilising the latest Radio Service Software (RSS) version for that Equipment will be used The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment tolfrom 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 ftashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts & Compliance 04 -30 -2004 20 sQW rIONs May 22, 2013 Paul Deale Boynton Beach, City of 100 E Boynton Beach Blvd Boynton Beach, FL 33435 Subject: Sole Source Justification Letter Dear Mr. Deale Over the past ten plus years, Motorola Solutions, Inc. has maintained the City of Boynton Beach's SmartZone radio system. The local Motorola service team you presently have maintains customers throughout Martin, Palm Beach, Broward, and Dade Counties. The close cooperation between the system users and Motorola has resulted in a public safety radio system that now provides outstanding capabilities to the City of Boynton Beach. The system has proven to be very reliable in times of critical needs. Motorola takes great pride in delivering this level of reliability to its customers.. This 800 MHz Government Communications Network (GCN) was manufactured, installed and has been continuously maintained by Motorola Solutions, Inc. since the original purchase. Most of the installed equipment contains proprietary and other protected design aspects, which are known only to Motorola. The proprietary nature of your system is also related to the software that drives the system. Since Motorola installed the entire radio system, our familiarity with the network and the associated equipment enables us to provide the highest standard of responsiveness and reliability. Because of strict licensing controls, some communication encryption technology used in the system requires special handling and repair measures, which can only be carried out at our Motorola Authorized Service Centers which includes the local Motorola FSO (Field Service Organization) Team and Control Communications. Should you have any questions or if I can be of further assistance, feel free to contact me at 954- 723 -4718 or 954 -520 -8868. Sincerely, Cindee Markes Customer Support Manager Motorola Solutions, Inc.