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HomeMy WebLinkAboutItem E(02) Consideration of Motorola Service Maintenance Agreement in the Amount of $23,522.76 to Service Radio System Lente of Good L ,e. AGENDA ITEM COVER SHEET Meeting Date: December 7, 2004 Item # 2.. Reviewed By: /J Contact Name: S Goclon Department Director: ,/ Contact Number: x 3027 City Manager: i Subject: Motorola Service Agreement Background Summary: The City of Ocoee maintains a radio service maintenance agreement with Motorola, Inc. to service its 800 MHz radio system. The current agreement expires at the end of September 30, 2004. Attached is the proposed agreement which takes effect October 1, 2004 through September 30, 2005. Issue: Should the Honorable Mayor and Board of City Commissioners authorize the Mayor and City Clerk to execute the Services Agreement between Motorola Incorporated and the City of Ocoee, Florida in the amount of$23,522.76. Recommendations It is respectfully recommended that the Honorable Mayor and Board of City Commissioners authorize the Mayor and City Clerk to execute the Services Agreement between Motorola Incorporated and the City of Ocoee, Florida in the amount of$23,522.76. Attachments: Agreement is hyperlinked in the Staff Report Financial Impact: $23,522.76 is budgeted in the FY 2004-2005 budget. Type of Item: (please mark with an"x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance First Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A Mayor cerium°f Good t Commissioners S. Scott Vandergrift .. . -•w.,,,.` Danny Howell.District 1 Tim a Scott Anderson,District 2 City Manager — __ Rusty Johnson.District 3 Robert Frank Nancy J. Parker,District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goclon, Chief of Police DATE: November 27, 2004 RE: Motorola Service Agreement ISSUE Should the Honorable Mayor and Board of City Commissioners authorize the Mayor and City Clerk to execute the Services Agreement between Motorola Incorporated and the City of Ocoee, Florida in the amount of $23,522.76. BACKGROUND/DISCUSSION In November 1995, The Honorable Mayor and Board of City Commissioners authorized the purchase of the Motorola 800 MHz Radio system currently being utilized by the City in conjunction with Orange County's radio system from Motorola, Inc. Also purchased with the radio system was a service maintenance agreement. The current agreement expires at the end of September 30, 2004. Attached is the proposed agreement which takes effect October 1, 2004 through September 30, 2005. Included in the agreement is all the radio equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the City for the Fire Department. The cost of the service agreement for the next 12 months is$1,960.23 per month for a total of$23,522.76. This was budgeted in the FY 2004-2005 budget. Foley and Lardner reviewed and approved the proposed service agreement. This is essentially the same service agreement that was executed by the City in FY 2003-2004. OMOTOROLA ver.4.6 Build 1000 SERVICE AGREEMENT Attn:National Service Support Agreement Order#: 0504052490702 1307 East Algonquin Road Schaumburg,IL 60196 Supersedes Agreement#(s): 314002718„ (800)247-2346 —_. -._ Date: 8/26/2004 Required P.O.: No Company Name: Ocoee Police Department,City of \ Customer#: 1000290619 Attn: Accounts Payable Bill to Tag#: 0002 Billing Address: 150 N.Lakeshore Drive Contract Start Date: 10/01/2004 • • City,State,Zip: Ocoee,FL 34761 _- Contract End Date: 09/30/2005 • Customer Contact: Mayor Scott Vandergrift Anniversary Date: Phone: 407-905-3123 _ — Payment Cycle: Monthly Fax: / Tax Exempt:Yes PO#: ._ Qty Model/Option 4Description _ - Monthly Ext Ex_tended SVCO2SVC0014 ISP-Subscriber Repair-Rockford $ 527.11 I$ 6,325.32 57 IMCS2000 • 135 MTS2000 7 i Spectra consolettes j SVCO2SVC0015 SP-Subscriber Repair-Local $ 566.29 $ 6,795.48 'Local radio support service 57 IMCS2000 135 j MTS2000 7 'Spectra consolettes 7 MTS2000 Convertacom(N1671A) 5 Multi Unit charger(current radio models) SVCO2SVC0030 SP-Local Repair with OnSite Response !$ 551.65 1$ 6,619.80 • Includes local dispatch 1i Fixed equipment,Smartzone Mgr terminal,3 CRT consoles SVCO2SVC0015 !SP-Subscriber Repair-Local '$ 315.18 $ 3,782.16 !Local Radio Combo Package 51 Portable remote speaker microphones I , I :i.... • • i • ' • • ( SUBTOTAL-RECURRING SERVICES I$ 1,960.23 $ 23,522.76 SPECIAL INSTRUCTIONS-ATTAOl9TATEMENT OF WORK FOR PERFORMANCE I SUBTOTAL-ONE-TIME EVENT SERVICES $ ---- - --.. . . . . .. . . . - --- - -- - - --- _ . .---. -- _ _ OL"'M°"DN8 i TOTAL $ 1,960.23 $ 23,522.76 • TAXES $0.00 $0.00 GRAND TOTAL 1.5 1.960.23 $ 23.522.76 THIS SERVICE AMOUNT IS SUBJECT TO STATE&LOCAL TAXING JURISDICTIONS,TO BE VERIFIED BY MOTOROLA. • SUBCONTRACTOR(S) 191 TY STATE Motorola--Rockford-BRANDED I Rockford I IL • sOBSCRLBLER5Ig6Z231__-.. Wireless Technology Equipment Company ?Orlando -i-;FL I received Statements of Work that describe the services provided on this Agreement. .I Motorola's Service Terms&Conditions,a copy of which is attached to this Service — SPC v4.8 Build 1000 Release Date:05/17/04 Agreement,is incorporated herein by this reference - --- ----- - AUTHORIZED CUSTOMER SIGNATURE TITLE DATE Mayor Scott Vandergrift CUSTOMER(PRINT NAME) Customer Support Manager MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Carol Ginger_ -- —_ ._. ._ 847-538-2443 847-576-8311 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE FAX • • SPC v4.8 Build 1000 Release Date:05/17/04 CITY OF OCOEE SIGNATURE BLOCK WITHOUT WITNESSES AND WITHOUT NOTARY CITY! CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 20_ LEGALITY this day of UNDER AGENDA ITEM NO. , 20 FOLEY & LARDNER LLP By: City Attorney 006.237063.1 -. 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 "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. "Equipment"means the communication equipment that is specified in the attachments or is subsequently added to this Agreement. "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 attachment. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be Serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. Service Terms and Conditions Final Rev.8/21/02(CSA formatted) 006.318768006:318768 006:318768.1.1:1 -. SERVICE TERMS AND CONDITIONS i 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 opinion, be properly or economically serviced for any reason including excessive wear,unavailability of parts, the state of technology,or practical infeasibility,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 directly 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; 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,magnetic tapes, etc.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units,or software; and repair or maintenance of any transmission line, antenna, microwave equipment,tower or tower lighting, duplexer, combiner, or multicoupler. Motorola • has no obligations for any transmission medium, such as telephone lines, computer networks,the intemet 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 am. 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. Service Terms and Conditions Final Rev.8/21/02(CSA formatted) 006.318768006,31.8768 006:318768.144 -. SERVICE TERMS AND CONDITIONS Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly,and Customer must pay each undisputed invoice in U.S. dollars within twenty(20)days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement(except income,profit,and franchise taxes of Motorola)by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days following completion of those Services. 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 prorata basis,the fees paid for the non-conforming Service, MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party,in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All undisputed 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, Motorolaeach party's total liability,whether I 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 the previous twelve(12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT TO THE FULL EXTENT SUCH DAMAGES MAY BE DISCLAIMED BY LAW, MOTOROLA NEITHER PARTY WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; I 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. Except for money due upon an open account, no action may be brought for a breach of this Agreement Service Terms and Conditions Final Rev.8/21/02(CSA formatted) 006.318768006448768 006:34.8768.1.:1 SERVICE TERMS AND CONDITIONS more than end-}-two (2)years after the accrual of such cause of action. 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 inadvertent omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i)such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify 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)to the extent permitted by law, 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 Equip t-seld-e-Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY Service Terms and Conditions Final Rev.8/21/02(CSA formatted) 006.318768006.318768 006:318768.1:1.1 . SERVICE TERMS AND CONDITIONS During the term of this Agreement and continuing for a period of two (2)years thereafter, Customer will not hire, engage on contract, solicit the employment of,or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. This provision shall not apply to Customer's announcement of job openings and its employment engagements resulting therefrom. Section 16 MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges,models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control,be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction upon reasonable advance notice to Customer. • 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. 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 Customer is located. 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 with Customer's concurrence. 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 CONTRACT END 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. 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. Service Terms and Conditions Final Rev.8/21/02(CSA formatted) 006.318768006:318768 006.a18768.1:1,1 © MOTOROLA Statement of Work Definitions There may be additional terms defined in this list that do not apply to the SOWs attached. Terms in this list that are not specifically used in the attached SOWs should be disregarded. 1.0 Definitions Capitalized terms used in this Statement of Work and not otherwise defined within the Statement of Work, Communications System Agreement or other applicable Agreement have the following meanings: 1.1 Box Unit Test:Unit is tested in a fixture that simulates the functions for which it was designed, engineered,or manufactured to insure that it meets manufacturer specifications. 1.2 Case:Electronic tracking document for requests for service through the System Support Center. 1.3 Components:Motorola new or refurbished parts of equal quality. 1.4 Configuration Change Support: A change in a user-defined parameter,which may include,hut is not limited to,a change in the placement of a dispatch console talkgroup window.Fleetmapping is not considered included in Configuration Change Support. 1.5 Continuously:Seven(7)days per week,twenty four(24)hours a day,three hundred sixty five (365)days a year including holidays. 1.6 Core Release: A new version of Software that adds Standard Features and major enhancements. These new versions are signified by changes to the first digit of the version identifier number(e.g. SmartZone 2.0.3 to SmartZonc 3.0). 1.7 Customer:The end-user Customer as identified in the Communications System Agreement,Service Agreement or other applicable Agreement. 1.8 Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services promised under this Statement of Work. 1.9 Enhancement Release:A superseding issue of Software,which adds to,improves,or enhances the performance of Standard Features contained in the then currently shipping Software version. These releases are signified by changes to the second digit of the version identifier number(e.g. SmartZone 3.1 to SmartZonc 3.2). 1.10 Equipment:The equipment specified in the Equipment List as set forth in the Communications System Agreement,Service Agreement or other applicable Agreement, including any additions to the Equipment List during the Warranty Period. 1.11 Enhanced System Support(ESS)Period:The 12 month period commencing at the start of the Warranty Period for Equipment and Software as defined by the Communications System Agreement. 1.12 Event:An alarm or informational notification received by Motorola through the Network Management tools. 1.13 Federal Technical Center:A Motorola facility located in Lanham,Maryland,the purpose of which is to serve as Motorola's centralized location for radio repair for Federal Customers. 1.14 Firmware: Software in object code form that is implanted or embedded in hardware. I.15 Infrastructure:The fixed Equipment excluding mobiles,portables,and accessories. 1.16 Maintenance:The process for determining the cause of Equipment failure,removing,repairing,or replacing parts or elements necessary in order to conform the Equipment with the manufacturer's specifications along with system specific specifications,delivering and reinstalling the parts,and placing the Equipment back into operation. 1.17 Motorola Software:Software whose copyright is owned by Motorola. 1.14 Radio Support Center.A Motorola facility located in Rockford,Illinois,the purpose of which is to serve as Motorola's centralized location for radio repair. Definitions Page I oft Approved by Motorola Contracts& Compliance MOTOROLA 1.19 Response:Response times are defined as when a technician,a remote systems technologist or a remote network specialist is actively working the technical issue,remotely or on-site,as determined by Motorola. 1.20 Restore/Restoration:The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications,although such Equipment may not necessarily be malfunctioning. 1.21 Servicer:a Motorola Authorized Service Station or Motorola Field Service personnel. 1.22 Software:Includes Motorola and any non-Motorola Software that may be furnished with the Communications System. 1.23 Standard Business Day: Monday through Friday,8:30 a.m.to 4:30 p.m.,local time,excluding Motorola holidays. 1.24 Standard Feature:A software functionality for components of Customer's System that is available to Customer in the standard software release. 1.25 Start Date:Effective start date as listed on the Service Agreement or other applicable Agreement. 1.26 System:System is the communications system as defined in the Communications System Agreement or other applicable Agreement. 1.27 System Acceptance:Unless otherwise defined in the Communications System Agreement,the date upon which Motorola has successfully completed all of the System tests as described in the acceptance test plan. 1.28 System Support Center:a Motorola facility located in Schaumburg,Illinois,the purpose of which is to serve as Motorola's centralized system support facility to compliment the field support resources. The System Support Center is hereinafter referred to as the"SSC." 1.29 System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. 1.30 Systemic:A software/hardware product defect related to or affecting the designed system operation. 1.31 Technical Support Operations:A centralized telephone support help desk that provides technical support for Motorola customers' who have purchased Commercial Government and Industrial Solutions Sector(CGISS)products or have a contract for technical support. 1.32 Work Flow:A step-by-step process including instruction or direction for routing,handling,and processing information at a given agency. Definitions Page 2 oft Approved by Motorola Contracts& Compliance 11/14/01 M01"011:1OLA Statement of Work Radio Repair 1.0 Description Radio Repair provides component level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work(SOW)is attached or any of the agreement's subsequent.revisions_ Services are performed at the Radio Support Center(RSC)or Federal Technical Support Center. In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached,Radio Repair includes service on standard mobile palm microphones and single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. Additional mobile control heads are covered only with purchase of the applicable service option. Radio Repair excludes repairs to:optional accessories;non-standard mobile microphones;iDEN accessories; iDEN mobile microphones;portable remote speaker microphones;optional or additional control heads;mobile external speakers;single and multiple unit portable chargers;batteries;mobile power and antenna cables;mobile antennas;portable antennas,and power supplies. Optional accessories are serviced individually and are not part of the Radio Repair. Engraving service is not covered under standard Radio Repair. New Equipment purchases will only be added upon Customer request. The terms and conditions of this Statement of Work are an integral part of the Motorola service agreement or other applicable agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola service agreement or other applicable agreement and this Statement of Work,the provisions of this Statement of Work shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipment to Motorola factory specifications,including Factory Mutual(FM),and Mine Hazard Safety Association(MHSA). 2.2 Reprogram Equipment to original operating parameters based on the Customer template,if retrievable,or from a Customer supplied backup diskette. If the Customer template is not usable,a generic template or code plug utilizing the latest Radio Service Software(RSS)or Customer Programming Software(CPS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to restore the original template. All Firmware is upgraded to the latest release for each individual product line. 2.3 Clean external housing of the Equipment. External components of Unit will only be replaced when functionality has been diminished. 2.4 Pay the outbound freight charges for next day shipping. Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 2.5 Provide Customer with the Motorola repair request form and Inventory Adjustment Form(IAF). 2.6 Perform covered services as requested by Customer on the Motorola repair request form. 2.7 Process inventory adjustment requests received by email or fax from Customer. If the request is received by email,Motorola will email an acknowledgement to the sender. 2.8 If applicable,notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.1 Supply Motorola complete and accurate serial numbers and model description. 3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping. 3.3 Access the Motorola repair request form and Inventory Adjustment Form(IAF)through Motorola On Line. Radio Repair Page 1 of 2 Approved by Contracts&Compliance 4-30-04 € ti { MOTOFICILA 3.4 Initiate service request via Motorola On Line or complete a Motorola repair request form with contract number referenced,and submit it with each unit of Equipment sent in for service. Mobile control heads or accessory items sent in must reference the serial number of the main unit. 3.5 If desired,supply Motorola with a 3.5"backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. This step must be completed for Equipment that will not power up. If applicable,record the current flashcode for each radio. . 3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.7 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. Radio Repair Page 2 of 2 Approved by Contracts& Compliance 4-30-04 © 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 Approved by Motorola Contracts& Compliance 04/03/04 Page 1 of 1 i 1 0 morottoLAStatement of Work Local Infrastructure Repair 1.0 Description of Services Local Infrastructure Repair is a repair service provided by the Servicer for Infrastructure 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,if being sent via overnight carrier. 3.0 Customer has the following responsibilities: 3.1. Contact Servicer and provide the following information: 3.1.1.Provide customer name,address of site location,and symptom of problem. 3.1.2.Provide model description,model number,serial number,and type of System and Firmware version, if known. 3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading,if necessary by Servicer,after repair service is completed. 3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide Local Infrastructure Repair services to Customer. Local Infrastructure Repair Approved by Motorola Contracts and Compliance 1-15-04 page 1 of 1 • MOTOROLAStatement of Work OnSite Infrastructure Response With Local Dispatch 1.0 Description of Service OnSite Infrastructure Response provides for on-site technician Response by a Servicer. A Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions '• ' • Table and Response times set forth in the Response Time Table in order to Restore the System: • • The terms and conditions of this Statement of Work(SOW)( W)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 Continuously receive service requests. 2.2 Assign and dispatch technical resources and provide estimated time of arrival(ETA)to Customer. 2.3 Servicer will perform the following on-site: 2.3.1 Run diagnostics on the Infrastructure or FRU. 2.3.2 Replace defective Infrastructure or FRU, as applicable.Customer,Servicer or Motorola may provide Infrastructure or FRU. 2.3.3 Provide materials,tools,documentation,physical planning manuals,diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.3.4 If a third party Vendor is needed to Restore the System,the Servicer may accompany that Vendor onto the Customer's premises. 2.4 Verify with Customer that Restoration is complete or System is functional. If Customer cannot be contacted within twenty(20)minutes of Restoration,the Servicer will leave the Customer site. 2.5 Provide the service ticket document to Customer,when requested.Service ticket document should include the following: 2.5.1 Resolution action. 2.5.2 Provide defective FRU or part number(model#)used. 3.0 Customer has the following responsibilities: 3.1 Contact Servicer,as necessary,to request service Continuously. 3.2 Allow Servicers access to Equipment. 3.3 Supply Infrastructure or FRU as needed in order for Motorola to Restore the System as set forth in paragraph 2.3.2. 3.4 Maintain and store in an easily accessible any and all Software needed to Restore the System. 3.5 Maintain and store in an easily accessible location proper System backups. 3.6 For E911 systems,test the secondary/backup 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. 3.7 Contact the Servicer upon expiration of Response time goal. 3.8 Upon being contacted by the Servicer requesting Verification of a Restoration as described above in Section 2.4,respond to that request within twenty(20)minutes. 3.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide this service to Customer. OnSite Infrastructure Response With Local Dispatch Approved by Motorola Contracts&Compliance 12-29-03 Page I oft .. w 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 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Continuously Continuously Standard Business Day Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day OnSite lnfrastnrciure Response With Local Dispatch Approved by Motorola Contracts&Compliance 12-29-03 Page 2 of 2 4 MC'!►7YlROLA 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 are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee.The options are OnSite,Radio Survey and Analysis,Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust,and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment,if the template information can be retrieved from the Equipment,or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable,a generic template utilizing the latest Radio Service Software(RSS) version for that Equipment will be used. The Equipment will require additional progrananing by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up,or if desired,supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable,record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition,Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. Local Radio Combo Package Page 1 of l Approved by Motorola Contracts& Compliance 04/30/04