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HomeMy WebLinkAboutItem 07 Approval of the Renewal of Radio Services Agreement with Motorola, Inc. V � I ocoee florida AGENDA ITEM COVER SHEET Meeting Date: November 20, 2018 Item # Reviewed By: Contact Name: Stephen McCosker 7 Department Director: Charles ' r. Contact Number: 407-905-3160 ext. 3055 City Manager: Robert Fran /r / Subject: Renewal of Radio Services Agreement with Motorola, Inc. Background Summary: In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with Orange County's radio system. Also purchased with the radio system was a service maintenance agreement. The agreement is required for equipment that is no longer under factory warranty. Included in the agreement is all covered radio equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the City for the fire department. Attached is the proposed agreement that takes effect October 1, 2018 and runs through September 30, 2019. The cost of the service agreement for the next 12 months is $20,703.84 (payable in monthly payments of$1,725.32). Issue: Should the Honorable Mayor and Board of City Commissioners authorize the renewal of the Radio Services Agreement between Motorola Incorporated and the City of Ocoee, Florida in the amount of$20,703.84? Recommendations It is respectfully recommended that the Honorable Mayor and Board of City Commissioners authorize renewal of the Radio Services Agreement between Motorola Incorporated and the City of Ocoee, Florida in the amount of$20,703.84. Attachments: Motorola Radio Services Agreement 2018-2019 Financial Impact: The cost of the service agreement for the next 12 months is $20,703.84 (payable in monthly payments of $1,725.32). $103,420 is allocated in the FY 2018-2019 budget for Equipment Maintenance Contracts. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second 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 x N/A Reviewed by Finance Dept. 9 11. 11._ x N/A Reviewed by () N/A 2 I0 MOTOROLA SOLUTIONS SERVICES AGREEMENT 1299 EAlgonquin Road Contract Number: USC000007366 Schaumburg,IL 60196 Contract Modifier: R02-JUN-18 03:43:36 (800)247-2346 ' Date:09/17/2018 Company Name: Ocoee Police Dept, City Of Required P.O.: Yes Attn: Accounts Payable Customer#: 1000290619 Billing Address: 150 N Lakeshore Dr. Bill to Tag#: 0002 City,State,Zip: Ocoee,FL,34761 Contract Start Date: 10/01/2018 Customer Contact: John Park Contract End Date: 09/30/2019 Phone: (407)905-3160 Anniversary Day: Sep 30th Payment Cycle: MONTHLY PO#: TBD QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT ***** Recurring Services***** LSVO1S00020A ASTRO ESSENTIAL POST WARR $460.19 $5,522.28 80 SVC866AE APX7000 LSVOOS00047A LOCAL DEVICE SUPPORT $519.99 $6,239.88 80 SVC945AE APX7000 3 XTL5000-CONSOLETTE SVCO1SVC1420C SP-LOCAL INFRASTRUCTURE REPAIR $290.18 $3,482.16 1 CLASSIC CRT CONSOLE SVCO1SVC1424C ONSITE RESPONSE-LOCAL DISPACTH-STD $399.69 $4,796.28 2 SVC220AD OPERATOR POSITIONS 1 SVC992AA DISPATCH CENTER LOCATION 1 SVC993AA CENTRAL ELECTRONICS BANK(CEB) SVCO1SVC2012C SP-CONTRACT ADMINISTRATION $55.27 $663.24 1 CLASSIC CRT CONSOLE SPECIAL INSTRUCTIONS-ATTACH Subtotal-Recurring Services $1,725.32 $20,703.84 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS. Subtotal-One-Time Event MOTOROLA WILL PROVIDE COMMERCIALLY REASONABLE Services $.00 $.00 EFFORTS ON END OF LIFE EQUIPMENT DEPENDANT UPON PARTS AVAILABILITY. Total $1,725.32 $20,703.84 The prices quoted via this service contract renewal are valid only until expiration of the current service contract.If Taxes - - Customer does not provide to MSI a valid,executed contract renewal within 30 days of contract expiration a Grand Total $1,725.32 $20,703.84 one-time administrative fee equal to 5%of the subsequent THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING years annual contract rate will be billed to the Customer JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. upon reestablishment of the expired service contract.Price with 5%Administration fee once delinquent=$21,739.08. Subcontractor(s) City State MOTOROLA RADIO SUPPORT CENTER ELGIN IL MOTOROLA CENTRAL FL FSO ORLANDO FL MOTOROLA-ORANGE COUNTY(D0222) LAKE MARY FL AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER(PRINT NAME) Pte/ - Customer Support Manager 09/17/2018 OTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE James Parker 904-832-6947 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Ocoee Police Dept, City of Contract Number: USC000007366 Contract Modifier: R02-JUN-18 03:43:36 Contract Start Date: 10/01/2018 Contract End Date: 09/30/2019 Service Terms and Conditions Motorola Solutions Inc.("Motorola")and the customer named in this Agreement("Customer")hereby agree as follows: Section 1.APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1)maintenance,support,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 Maintenance 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 Maintenance Service Terms and Conditions take precedence over any cover page,and the cover page takes precedence over any attachments, unless the cover page or attachment 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 Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins 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 the 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 that 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 this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot,in Motorola's reasonable opinion,be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement;or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5.EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal,customary,intended,and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear;or accident,liquids,power surges, neglect,acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment;accessories,belt clips, battery chargers,custom or special products, modified units,or software; and repair or maintenance of any transmission line,antenna, microwave equipment,tower or tower lighting,duplexer,combiner,or multicoupler. Motorola has no obligations for any transmission medium,such as telephone lines,computer networks,the internet or the worldwide web, or for Equipment malfunction caused by the 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 Customers 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 those 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 stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly,and Customer must pay each invoice in U.S.dollars within twenty(20)days of the invoice date. Customer will reimburse Motorola for all property taxes,sales and use taxes,excise taxes,and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income,profit,and franchise taxes of Motorola)by any governmental entity. Section 9.WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund,on a pro-rata basis,the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement,the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan,then the injured party,in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement,including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY 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 contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of the cause of action,except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 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 will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement,or other writings unless:the purchase order, acknowledgement, or other writing specifically refers to this Agreement;clearly indicate the intention of both parties to override and modify this Agreement;and the purchase order,acknowledgement, or other writing is 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 Motorolas 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 confidential information or data to any person,or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing,no commercial 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 governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15.COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two(2)years thereafter,Customer will not hire,engage on contract,solicit the employment of,or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS,TOOLS AND EQUIPMENT All tools,equipment, dies,gauges,models,drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control,be liable for any loss or damage to this property,and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customers 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. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right,power,or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that partys reasonable control,such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party,which consent will not be unreasonably withheld. Any attempted assignment,delegation,or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition,in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether by way of a sale,establishment of a joint venture,spin-off or otherwise (each a"Separation Event"), Motorola may,without the prior written consent of the other Party and at no additional cost to Motorola,assign this Agreement such that it will continue to benefit the Separated Business and its affiliates(and Motorola and its affiliates,to the extent applicable)following the Separation Event. 17.7. 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. 17.8. 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 those services on a time and materials basis at Motorolas then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts,all of which shall be considered part of the Agreement.The parties may execute this Agreement in writing, or by electronic signature,and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity,enforceability and admissibility. In addition,an electronic signature,a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised Oct 15,2015 0 MOTOROLA Statement 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 Infrastucture 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 Infrastucture 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 Infrastucture 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 Contracts and Compliance 08-24-07 page 1 of! © 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 Contracts&Compliance August 2007 Page 1 of 1 MOTOROLA Statement 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)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 location 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:8/10/11 Page 1 oft MOTOROLA Severity Definitions Table Severity Level Problem Types Severity 1 • Response is provided Continuously • Major System failure ■ 33%of System down • 33%of Site channels down • Site Environment alarms(smoke,access,temp,AC power. • This level is meant to represent a major issue that results in an unusable system,sub-system,Product,or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 • Response during Standard Business Day ▪ Significant System Impairment not to exceed 33%of system down ■ System problems presently being monitored • This level is meant to represent a moderate issue that limits a Customer's normal use of the system,sub-system,product,or major non-critical features from a Customer's perspective Severity 3 • Response during Standard Business Day • Intermittent system issues • Information questions • Upgrades/preventative maintenance • This level is meant to represent a minor issue that does not preclude use of the system,sub-system,product,or critical features from a Customer's perspective.It may also represent a cosmetic issue,including documentation errors,general usage questions,recommendations for product enhancements or modifications,and scheduled events such as preventative maintenance or product/system upgrades. Response Time Table (Customer's Response Time Classification is designated in the Service Agreement) Severity Regular Premier Limited Level Response Time Response Time Response Time Severity I Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Continuously Continuously Standard Business Day Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from of Notification of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day OnSite Infrastructure Response With Local Dispatch Approved by Motorola Contracts&Compliance:8/10/11 Page 2 of 2