The URL can be used to link to this page

Home My WebLink AboutDoc 004 - Motorola Svc Agrmt - Sheriff EquipG �zES e � Z� Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 20, 2010 DATE: January 5, 2010 FROM: Sue Brewster Department: Sheriffs Office Phone#: 385-1714 TITLE OF AGENDA ITEM: Consideration of Board Signature of : Document No. 2010-004: Service Agreement between the Deschutes County Sheriffs Office and Motorola. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This is an existing/sole source procurement for maintenance and repair to Motorola equipment used in the 800MHz Sheriffs Office radio system. The 2010 contract reflects an increase of $3,630 over the 2009 contract. The reason for the increase is the additional maintenance of an antenna and other equipment to the Pine Marten site on Mt. Bachelor. The Pine Marten site was added to the radio sy stem for coverage in that area in 2008. FISCAL IMPLICATIONS: $203,167.92, which is included in the current budget for 2010 RECOMMENDATION & ACTION REQUESTED: Approve and sign the Service Agreement. ATTENDANCE: Sue Brewster, DCSO Legal Counsel; Jon Sholes, DCSO Communications Technician; and Captain Tim Edwards DISTRIBUTION OF DOCUMENTS: Return one signed original and one copy to Sue Brewster, Sheriffs Office Legal Counsel, for distribution. DESCHUTES COUNTY DOCUMENT SUMMARY Date: January 5, 2010 Department: Sheriffs Office Contractor/Supplier/Consultant Name: Motorola Contractor Contact: Jim Nicholl Contractor Phone #: 253-377-9400 Type of Document: Document 2010-004 is a Service Agreement between Motorola and the Sheriff's Office. Goods and/or Services: This is an existing sole source procurement for maintenance and repair to Motorola equipment used in the 800MHz Sheriffs Office radio system. The 2010 contract reflects an increase of $3,630 over the 2009 contract. The reason for the increase is the addition of an antenna and other communications equipment at the Pine Marten site on Mt. Bachelor. Background & History: This is the annual service agreement needed to insure the radio communication system is repaired and maintained. The agreement is with Motorola because the County has purchased communications equipment from Motorola since 1998 and only Motorola can maintain, repair, and guarantee that the equipment will function as required for the Sheriff's Office. Agreement Starting Date: January 1, 2010 Ending Date: December 31, 2010 Annual Value or Total Payment: $203,167.92 X Insurance Certificate Received (check box) Insurance Expiration Date: 7/01/2010 Check all that apply: ❑ RFP, Solicitation or Bid Process Informal quotes (<$150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) DCC 2.37.080(B)(4) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes /1 No Special conditions attached to this grant: Deadlines for reporting to the grantor: 1/5/2010 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Sue Brewster, Sheriff's Office Legal Counsel P one :5-1714 Sheriff's Approval: Signature Date Distribution of Doc ment: Return one original and one copy to Sue Brewster, Sheriff's Office Official Review: County Signature Required (check one): ® BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Document Number 2010-004 1/5/2010 ® MOTOROLA Attn: National Service Support 1309 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 AIEViEWED L.KCAL COUNSEL Date: 10/21/2009 Company Name: Deschutes County Sheriffs Office Attn: Billing Address: 63333 W Hwy 20 City, State, Zip: Bend, OR 97701 Customer Contact: Phone: Fax: SERVICE AGREEMENT Contract Number: S00001004720 Contract Modifier: RN02-OCT-09 10:51:07 Supercedes Agreement(s): Required P.O.: Customer # : Bill to Tag # : Contract Start Date: Contract End Date: Anniversary Day: Payment Cycle: Tax Exempt: PO#: No 1000708307 0001 01/01/2010 12/31/2010 Dec 31st MONTHLY Pays All Taxes Qty Model/Option Description ***** Recurring Services Monthly Ext Extended SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $ 5,090.30 $ 61,083.60 2 SVC257AA ENH: SMARTNET SITE 6 SVC257AA ENH: SMARTNET SITE 10 SVC258AA ENH: SMARTNET STATION 60 SVC258AA ENH: SMARTNET STATION SVC01SVC1102C DISPATCH SERVICE $ 790.50 $ 9.486.00 8 SVC240AA ENH: SMARTNET SITE 70 SVC241AA ENH: SMARTNET STATION SVC01SVC1104C TECHNICAL SUPPORT SERVICE $ 830.50 $ 9 966.00 8 SVC135AA ENH: SMARTNET SITE 70 SVC136AA ENH: SMARTNET STATION 1 SVC147AA ENH: SMARTNET SYSTEM SVC01SVC1405C NETWORK PREVENTATIVE MAINTENANCE A $ 1,149.36 $ 13.792.32 60 SVC212AA ENH: GROUND ACCESSIBLE STATION 10 SVC212AA ENH: GROUND ACCESSIBLE STATION 6 SVC850AA SITE PM ACCESS A 2 SVC850AA SITE PM ACCESS A SVCO1SVC1410C ONSITE INFRASTRUCTURE RESPONSE $ 1,170.00 $ 14,040.00 2 SVC218AA SITES 70 SVC219AA STATION(S) SVCO1SVC1411C ONSITE INFRASTRUCTURE RESPONSE SERVICE - $ 5,400.00 $ 64 800.00 LIMITED OPTION SVC218AB NONCONVENTIONAL 10 SVC219AB STATIONS 60 SVCO2SVC0028C SP - FSO MAINTENANCE SERVICES $ 2,500.00 $ 30 000.00 6 SITE(S) 2 SITE(S) SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR Subtotal - Recurring Services $ 16,930.66 $ 203,167.92 PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event $ .00 $ .00 Services Total $16,930.66 $203,167.92 Taxes - - Grand Total $ 16,930.66 $ 203 167.92 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. DC 2010.01)1 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. This Service Agreement includes the attached exhibits & attachments, by this reference fully incorporated herein: Exhibit A, ServiceTerms and Conditions; Exhibit B, Infrastructure Repair with Advanced Replacement Statement of Work for SmartNetSystem; Exhibit C, Network Preventative Maintenance Statement of Work; Exhibit D, OnSite Infrastructure Response and Dispatch Statement of Work; Exhibit E" SmartNet System Optimization Statement of Work; Exhibit F Standard County Contract Terms; Exhibit G, Memorandum of Insurance; Exhibit H, Technical Support Statement of Work; Attachment A, List of Equipment covered; Attachment B1, escription of Services Offered Subcontractor(s) City State MOTOROLA WEST ADJUSTMENT D0175 SAN DIEGO CA MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CTR -CALL CENTER D0066 SCHAUMBURG IL MOTOROLA SYSTEM SUPPORT -TECHNICAL SUPPORT DO068 SCHAUMBURG IL DAY WIRELESS SYSTEMS (03) BEND OR cl2iaz / C -/ 0 AUTHORIZ Cl/STOMIER SIGNATURE Larry Blanton CUSTOMER (?RINT NAME) TITLE DATE Sheriff 1-6-10 MO ROLA REPRESENTATIVE (SIGNATURE) TITLE DATEJ Jim Nicholl 25--377-4 761d MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX DATED this _ Day of 2010. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair ALAN UNGER, Vice Chair TAMMY BANEY, Commissioner ATTEST: Recording Secretary Motorola Service Department Attachment A to Deschutes County Sheriffs Office Service Agreement #S00001004720 2/ Equipment covered under Service Agreement S00001004720: 10 Digitacs 60 Quantar Stations 9 Tenser ch bank 6 Efratom GPS units 1 T -bar switch 2 Universal Simulcast Controller Interface (USCI) 8 MTC3600 controllers 6 combiners 6 multicouplers 7 blackboxes Equipment not covered: UPS antenna systems mircowave links modems surge protection (RF and telco) patch panels Attachment P Motorola Service Department Attachment B to Deschutes County Sheriffs Office Service Agreement #S00001004720 Attachment B Description of Services for Deschutes County Sheriffs Office Service Agreement #S00001004720 Infrastructure Repair with Advanced Replacement Infrastructure Repair with Advanced Replacement can provide a field replacement unit (FRU) in advance and in exchange for the customer's malfunctioning component from Infrastructure Depot Operation's (IDO's) inventory, (FRUs are subject to availability). Advanced Replacement FRUs are shipped overnight with high priority. In the event the Motorola Local Service Provider must remove a malfunctioning board/unit at the site location, the Motorola Local Service Provider will contact the System Support Center's Call Center to request a return authorization (RA) number. The Motorola Local Service Provider will remove the malfunctioning board/unit and ship to the SSC for repair. Network Preventative Maintenance Motorola's Network Preventative Maintenance will provide operational test and alignment, as applicable, on the customer's equipment (infrastructure or fixed network equipment only) to ensure the equipment meets original manufacturer's specifications. OnSite Infrastructure Response with Customer Initiated Dispatch OnSite Infrastructure Response provides for on-site technician response as determined by pre -defined severity levels and response times (on either a 8X5 "Limited" or 24X7 basis) in order to restore the system. Technicians are dispatched by the SSC to perform first echelon service, provide information to customer regarding system condition, remove failed components for repair, and reinstall new or reconditioned components. OnSite Infrastructure Response requires the purchase of Dispatch Service. The Call Center Operation (CCO) at Motorola's System Support Center (SSC) is your single point of contact for service issues. A phone call to this operation's toll free 800- phone number initiates an electronic customer service request (Case) and begins the response process to the appropriate degree required. If a technician is required to respond to an issue for resolution, the CCO identifies the Motorola Service Shop to dispatch the appropriate technician and tracks his response to the on-site point of failure. They track the technician's progress in effecting the repair and restoration, and notify the Customer of the status. In the event that a System Engineer or other system specialist is required, the CCO escalates the case to the appropriate level and assigns the required personnel. Once the case has been resolved the CCO will contact the Customer to advise that the issue has been resolved and that the case is ready to be closed with the Customer's concurrence. Attachment B Motorola Service Department Attachment B to Deschutes County Sheriffs Office Service Agreement #S00001004720 Network Optimization — applicable for the trunked simulcast voice system and also for the data system Motorola's Network Optimization services will provide for the adjustment of system equipment settings and alignment in order to ensure that the overall system operates optimally. The service not only is intended to adjust individual pieces of equipment as in a Network Preventative Maintenance service as described above, but also to perform adjustments in order for those pieces of equipment to optimally work together as a system. Technical Support Motorola's Technical Support was created to insure that the customer is provided the answers to their technical issues. Motorola's Technical Support Operation is manned 24 hours per day, 365 days a year to field all levels of calls. This operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues by telephone. A Case is created on each issue and is followed to resolution, with escalation if necessary. Because of the Center's proximity to the factory engineers, the highest level of technical support is available. Attachment B Exhibit A, Service Terms and Conditions Motorola, Inc., through its Commercial, Govemment, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service 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 ever 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 Agreemer t. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreem€ nt. 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 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. 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 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 oth ar 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 operaticy1 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 transmissh )n 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 personne to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless altemative 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 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 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. 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 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 ort, 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 u f on 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, whe :her 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 intention of both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings aye 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 . it 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 crea ed 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 govemmental matters. Section 15 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 i, 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. Section 16 GENERAL TERMS 16.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 16.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 16.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 16.4. 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. 16.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 16.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE BY MUTUAL AGREEMENT OF BOTH PARTIES UNLESS A TERMINATION DATE IS NOTED 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 theServices to reflect its current rates. 16.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in ;ffectat the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services or a time and materials basis at Motorola's then effective hourly rates. 0 MOTOROLA Exhibit B Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer -modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be retumed, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page 1 of 3 41) MOTOROLA 2.7.5. Perform a System Test on select Infrastructure. 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre -diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re -program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If 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. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non - Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un -damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 if received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page 2 of 3 0 MOTOROLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party Equipment not shipped by Motorola. 4. Consumable items including, but not limited to, battet'ies, connectors, cables, tone/ink cartridges. 5. Test equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page 3 of 3 41) MOTOROLA SmartZone System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre -amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Lo in Recorder Interface and Network Hub Channel Bank(s) Includes Premisys and Telco . Excludes Siemens Comparator(s) Includes Spectratac, Digitac, and Astrotac Comparators. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboardv, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System - ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Controller(s) -Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recording Equipment Excludes all types and models. Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time arid material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Interfaces) Included 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 any on-site services. Excludes all batteries. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x -terminals NDS14C and NDS17C Zone Controller(s) Includes console terminals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN 343A 0424 and TLN3278A 0181/0389. CDMOTOROLA SmartNet System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre -amplifiers, antennas, cables, towers, tower lighting, and transmission lines Base Station(s) and Repeater(s) Includes Quantar, Quantro, Digital MSF5000, MTR2000, and Desktrac L35SUM7000-T Repeaters ONLY. Network Management (Please refer to the SOW for details) is not available on all stations. Includes Logging Recorder Interface and Network Hub. Central Electronics Bank(s) Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparator(s) Includes Spectratac, Digitac, and Astrotac Comparators. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and al l 286, 386, 486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System - ONLY. Includes headset jacks, dual footswitches, anA_gooseneck microphones. Excludes Centracom I. Controller - trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recording Equipment Excludes all types and models. Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Included upon modem model availability Digital Voice Modem(s) Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or contrc 1 the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contra.:t, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with c r control the communications System. Includes flat panel displays and tout h screen monitors. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar, MTR2000 and ASTRO-TAC Receivers. Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Interface(s) Included 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 any on-site services. Excludes all batteries. Gil MOTOROLA Conventional System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair 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) Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Excludes MICOR and Analog MSF5000 Central Electronics Bank(s) Includes logging recorder interface and network hub. Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparator(s) Includes Spectratac, Digitac, and Astrotac. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLen, and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System - ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Commandstar and Commandstar Lite are not included as a conventional system operator position but can be covered when services are purchased separately. Dictaphones and Recording Equipment Excludes all types and models. Digital Interface Unit(s) (DIU) Included Digital Signaling Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All equipment must b+ shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Printer(s) Includes printers that directly interface with the communications System. Receiver(s) Includes Quantar , MTR2000 and ASTRO-TAC receivers. Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Interface(s) Included 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 any on-site services. Excludes all batteries. MOTOROLA Data System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Base Station(s) and Repeater(s) Includes Quantar (DSS3, DBS), Digital MSF5000 (DSS2) ONLY. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor - burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Dictaphones and Recording Equipment Excludes all types and models. 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 monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention. Printer(s) Includes printers that directly interface with the communications System. Radio Network Controller Includes One (1) RNC and One (1) RNC Console. Redundant RNC's must be quoted separately. Excludes RNC 1000, NCP500, NCP2000, NCP2500 and NCP3000. Site Data Link Modem(s) Included 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 any on-site services. Excludes all batteries. Wireless Network Gateway Excluded from the prime/remote site or system agreement but can be covered when services are purchased separately. MOTOROLA 911 System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair ALI Controller Includes Analog Station Card(s), Caller ID Board(s), Conference Board(s), DTMF Tone Receiver Board(s), Digital Station Card(s), E&M Card(s), Ground Loop Start Card(s), MF Receiver Board(s), 911 Line Card(s) ANI Controller Included Client Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Dictaphones and Recording Equipment Excludes all types and models. Hub(s) Included Line Boosters/Amplifier/Short haul modems Excludes all Modem(s) Includes TDD Modem. Includes UDS202T, Memotech Digital, US Robotics Sportster, US Robotics Carrier V. Everything, UDS 2440, Hayes Accura, Hayes Smartmodem, BOCA Research Tidalwave. Excludes short haul modems and Avatex 1200, Practical Peripheral, UDS Fasttalk II Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention. Network Switches Included Printer(s) Includes printers that directly interface with the communications System. Power Supplies Includes PDU 120, PDU 288, RPU 48 Ring Generator(s) Included Routers Included SEB II /SiteSentry Included Server(s) - ALI, Data base Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Excludes Intrados Loc ALI Telephone(s) Includes up to six (6) administrative phones, and all 911 and KEM phones. Terminals Includes Wyse 370 and Qume VT70. TDD Detector(s) Includes Keytronics, and UltraTec 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 any on-site services. Excludes all batteries. 0 MOTOROLA Console Only Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Card Cages Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub. Includes Base Interface Module (BIM), Console Operator Interface Module (COIM), Operator Interface Module (OMI). Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with CEB. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite, Commandstar and Commandstar Lite) Includes headset jacks, dual footswitches, gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom I. Dictaphones and Recording Equipment Excludes all types and models. Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must bt. shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with the CEB. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention. Site Frequency Standard(s) Includes Netclocks systems UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems =1St be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. 0 MOTOROLA Exhibit C, Statement of Work Network Preventative Maintenance 1.0 Description of Service Network Preventative Maintenance will provide an operational test and alignment, on the Customer's Infrastructure Equipment (infrastructure or fixed network equipment only) to ensure the Infrastructure meets original manufacturer's specifications, as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated by this reference. Customer's System type determines which Exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Network Preventative Maintenance will be performed during Standard Business Days. If the System or Customer requirements dictate this service must occur outside of Standard Business Days, Motorola will provide an additional quotation. Customer is responsible for any charges associated with helicopter or other unusual access requirements or expenses. 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 Notify the Customer of any possible System downtime needed to perform this service. 2.2 Physically inspect the Infrastructure Equipment in the system (equipment cabinets, general circuitry, fault indicators, cables, and connections). 2.3 Remove any dust, and/or foreign substances from the Infrastructure. 2.4 Clean filters, if applicable. 2.5 Measure, record, align, adjust the Infrastructure Equipment parameters in accordance with the manufacturer's service manuals and the Rules and Regulations of the Federal Communications Commission (FCC), where applicable. 3.0 Customer has the following responsibilities: 3.1 Provide preferred schedule for Network Preventative Maintenance to Motorola. 3.2 Authorize and acknowledge any scheduled System downtime. 33 Maintain periodic backup of databases, Software applications and Firmware. 3.4 Establish and maintain a suitable environment (heat, light, and power) for the Equipment location and provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services. All sites shall be accessible by standard service vehicles. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Network Preventative Maintenance services to Customer. Network Preventative Maintenance Page 1 of 1 Approved by Motorola Contracts & Compliance: 04/30/04 0 MOTOROLA SmartNet System Exhibit Network Preventative Maintenance Approved by Motorola Contracts & Compliance: 04/30/04 Repeater(s), Control Station(s) Transmitter modulation RF power output/reflected RF Frequency Measured/adjusted Receiver Sensitivity Measured/Adjusted Power Supplies Audio Input & Output Levels Combiner & Circulator Loss Receiver Desense (Full Duplex Only) Consoles Positions/Remotes Audio Input & Output Levels Ethernet Operation CEB Power Supply Voltage, and AC Ripple Switches, Lights, CRT CEB Signal Levels Wiring and Grounding for each Position Check and Clean keyboards, CPU. CRT's Central Controllers, Digitac, Comparators Central Controller and Power Supplies T Bar Switched Simulcast Controller Simulcast Remote Controller Distribution Amp Digitac Comparator Receiver Multi -Couplers Check for receiver to Comparator audio path. Is EQUALIZATION Required? Check for proper audio to Status Tone ratio Confirm that all Receiver RX Notch Filters are either IN or OUT GPS GPS RX/Controller Frequency Standard Calibration Site Equipment Audio Network Analyzer Baseline Database Server System Manager Terminal Site Test/System Calibration Equipment �w UPS (if covered under Motorola Service Agreement) Batteries Switch -Over Operations AC/DC Voltages Other Equipment Check all system printers Check all modems for proper levels & synchronization MBX/Other telco interface common equipment Network Preventative Maintenance Approved by Motorola Contracts & Compliance: 04/30/04 MOTOROLA Exhibit D Statement of Work OnSite Infrastructure Response and Dispatch Service 1.0 Description of Services The Motorola System Support Center (SSC) will receive Customer request for service and dispatch a Servicer. For Mesh system a Servicer will be dispatched only to the central site where the Mobile Integrated System Controller (MISC) is located. The Servicer will respond to the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC will maintain contact with the on-site Servicer until System Restoral and Case is closed. The SSC will Continuously track and manage Cases from creation to close through an automated Case tracking process. This Case management allows for Motorola to provide Case activity reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Continuously receive service requests. 2.2. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.2.1. Characterize the issue. 2.2.2. Determine a plan of action. 2.2.3. Assign and track the Case to resolution. 2.3. Dispatch a Servicer as required by Motorola standard procedures and provide necessary Case information collected in 2.2. 2.4. Ensure the required personnel have access to Customer information as needed. 2.5. Servicer will perform the following on-site: 2.5.1. Run diagnostics on the Infrastructure or FRU. 2.5.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.5.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.6. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification in the Customer Support Plan required by section 3.2. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.9. Notify Customer of Case Status as defined required by the Customer Support Plan: 2.9.1. Open and closed; or 2.9.2. Open, assigned to the Servicer, arrival of the Servicer on-site, deferred or delayed, closed. 2.10. Provide Case activity reports to Customer. 3.0 Customer has the following responsibilities: 3.1. Contact Motorola, as necessary, to request service Continuously. 3.2. Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.2.1. Case notification preferences and procedure. OnSite Infrastructure Response and Dispatch Service Approved by Motorola Contracts and Compliance 1/30/08 page 1 of 3 0 MOTOROLA 3.2.2. Repair Verification preference and procedure. 3.2.3. Database and escalation procedure forms. 3.2.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.3. Provide the following information when initiating a service request: 3.3.1. Assigned System ID number. 3.3.2. Problem description and site location. 3.3.3. Other pertinent information requested by Motorola to open a Case. 3.4. Allow Servicers access to Equipment. 3.5. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.5.2. 3.6. Maintain and store in an easily accessible location any and all Software needed to Restore the System. 3.7. Maintain and store in an easily accessible location proper System backups. 3.8. 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. 3.9. Verify with the SSC that Restoration is complete or System is functional, if required by Repair Verification preference provided by Customer in accordance with section 3.2. 3.10. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. OnSite Infrastructure Response and Dispatch Service Approved by Motorola Contracts and Compliance 1/30/08 page 2 of 3 OD MOTOROLA Severity Definitions Table Severity Level Problem Types Severity 1 • Response is provided Continuously Off Deferral • Major System failure Within 2 hours from receipt of Notification Continuously • 33% of System down Time provic ed by Servicer * • 33% of Site channels down Within 4 hours from receipt of Notification Standard Business Day • Site Environment alarms (smoke, access, temp, AC power. Time provided by Servicer * • 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 Time provic::ed by Servicer * • 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 Times Table Customer's Response Time Classification is designated in the Service Agreement) Severity Level Standard Response Time Premier Response Time Limited Response Time Restoral Off Deferral Severity 1 Within 4 hours from receipt of Notification Continuously Within 2 hours from receipt of Notification Continuously Within 4 hours from receipt of Notification Standard Business Day 8 hours Time provic ed by Servicer * Severity 2 Within 4 hours from receipt of Notification Standard Business Day Within 4 hours from receipt of Notification Standard Business Day Within 4 hours from receipt of Notification Standard Business Day 8 hours Time provided by Servicer * Severity 3 Within 24 hours from receipt of Notification Standard Business Day Within 24 hours from receipt of Notification Standard Business Day Within 24 hours from receipt of Notification Standard Business Day 48 hours Time provic::ed 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. OnSite Infrastructure Response and Dispatch Service Approved by Motorola Contracts and Compliance 1/30/08 page 3 of 3 EXHIBIT E DESCHUTES COUNTY SHERIFF'S OFFICE SYSTEM OPTIMIZATION STATEMENT OF WORK (SOW) MOTOROLA DESCHUTES COUNTY SHERIFF'S DEPARTMENT OPTIMIZATION SOW 1. INTRODUCTION This document is intended to provide a definition of responsibility for technical services proposed by Motorola. This document separates tasks to be performed by Motorola, or representatives of Motorola, and others (which include the customer and suppliers of services other than Motorola). This Statement of Work (SOW) may reference other documents as part of a contract between the Deschutes County Sheriff's Department and Motorola. In all cases, the most recent document will be considered the "working" document for the delivery of these technical services. This SOW contains the following topics: ❖ Project Identification ❖ System Description ❖ Description of Services ❖ Excluded Services ❖ Customer Responsibilities ❖ SOW Modifications / Change Orders ••• Repairs ❖ Project Timeline/Completion Date ❖ Pricing ❖ Approval of SOW ❖ Change Order Request Form ® MOTOROLA December 11, 2007 1 800MHz TRUNKED SIMULCAST SYSTEM OPTIMIZATION STATEMENT OF WORK 2. PROJECT IDENTIFICATION Identifying Name Deschutes County, OR Simulcast Optimization Customer or Buyer Deschutes County Sheriffs Department Customer End User Deschutes County Sheriffs Department Customer Address (for correspondence) 63333 W. Hwy 20 Bend, Oregon 97701 Customer Contact Jon Sholes (541-385-1400) Document Version 1.0 — December 12, 2004 Document Expiration Date January 1, 2010 3. SYSTEM DESCRIPTION System Number 0572E Identifying Name Deschutes County, OR Sheriffs Department Motorola Maintenance Contract Number S00001004720 System Description Motorola Smartnet 800 MHz Trunked Simulcast Number of RF Channels Ten Number of RF Remote Sites Seven 2 December II, 2007 ® MOTOROLA DESCHUTES COUNTY SHERIFF'S DEPARTMENT 4. DESCRIPTION OF SERVICES Motorola will provide System Technologist(s) services to assist the Deschutes County Sheriffs Department personnel in the optimization of their 800 MHz Motorola Trunked Simulcast System. The following sections identify specific work and services provided during the course of this proposal. Below is a list of services included in the system optimization: • Optimize Quantar base stations • Measure and optimize insertion loss of transmitter combiners • Perform receiver multi -coupler spectrum analysis • Optimize tower -top amplifier systems to Motorola specifications for optimum performance • Measure the effective sensitivity of each receiver (only if customer has test ports) • Verify operation of frequency standards • Verify operation of MTC3600 controllers, including TO counters • Optimize DigiTac audio levels • Optimize Gold Elite Console audio levels (TBIMs only) • Optimize USCIs (audio and data levels) • Optimize simulcast audio amplitude • Verify simulcast audio phasing • Verify operation/programming of Premisys channel banks • Check T1 links for errors and alarms (Premisys T1 links only) • Document optimization results 5. EXCLUDED SERVICES Tasks not specifically included in section 4 of this SOW should not be considered part of this SOW. Such tasks include, but are not limited to, engineering design, engineering consulting, project management, coverage design, coverage testing, microwave testing, subscriber template design/review, installation of tower -top amplifier test port coax lines, tower climbing for purposes other than antenna system testing, and acceptance test plan. ® MOTOROLA December 11, 2007 3 800MHz TRUNKED SIMULCAST SYSTEM OPTIMIZATION STATEMENT OF WORK 6. CUSTOMER RESPONSIBILITIES Deschutes County shall provide the following general items: • Designate a single point of contact for all assignments • Insure the system is in known working order with no known needed repairs • Provide site access and escort to all the associated sites • Provide at least two portable radios for use on the 800MHz simulcast system • Provide transportation to any site not easily accessible with a four-wheel drive vehicle, if necessary. The transportation shall allow for at least eight hours of work onsite per day. • Coordinating any scheduled downtimes with end-users on the system 7. SOW MODIFICATIONS / CHANGE ORDERS Once this Statement of Work is approved and signed by authorized representatives of Deschutes County and Motorola, a formal Change Order procedure will be in effect. 8. REPAIRS Motorola will notify Deschutes County of any items found in need of repair. It is the responsibility of Deschutes County to acquire parts and effect repairs, as identified, to the existing infrastructure equipment. Motorola shall not provide labor, parts and/or spare boards as part of this project to support these repairs. Motorola shall not be held responsible for schedule overruns, system malfunctions, or system down time related to these items. Motorola will notify Deschutes County of predicted impact to the system operation due to items in need of repair. Deschutes County assumes all responsibility for system degradation and/or malfunction in this situation. 9. PROJECT TIMELINE/COMPLETION DATE A mutually agreed upon project timeline will be developed upon receipt of executed purchase order. 10. PRICING The total price of Motorola services quoted is $30,000.00. 4 December 11, 2007 GI MOTOROLA REQUIRED PUBLIC CONTRACT TERMS EXHIBIT F Throughout this Exhibit C, Motorola, Inc. is hereinafter referred to as "Contractor" and Deschutes County, by and through the Sheriff's Office, is hereinafter referred to as "County". 1. Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Debt Limitation. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. a. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. b. Contractor shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Contract. c. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: 1) Titles VI and VII of the Civil Rights Act of 1964, as amended; 2) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; 3) the Americans with Disabilities Act of 1990, as amended and ORS 659A.112 through 659A.139; 4) Executive Order 11246, as amended; 5) the Health Insurance Portability and Accountability Act of 1996; 6) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; 7) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; 8) ORS Chapter 659A, as amended; 9) all regulations and administrative rules established pursuant to the foregoing laws; and 10)all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. d. The above listed laws, regulations and executive orders and all regulations and administrative rules established pursuant to those laws are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. 2. Constraints. Pursuant to the requirements of ORS 2796.220 through 2796.235 and Article XI, Section 10, of the Oregon Constitution, the following terms and conditions are made a part of this contract. a. Contractor shall: 1) Make payments promptly, as due, to all persons supplying to Contractor labor or materials for the performance of the work provided for in this contract. 2) Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of this contract. 1 -STANDARD TERMS AND CONDITIONS 2008 LEGAL/C&A/MOTOROLA/SERVICE AGREEMENTS/STD CONDITIONS SERVICE AGREEMENT 2008 3) Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished. 4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 5) Be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, County will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual. b. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with this Contract as such claim becomes due, the proper officer or officers representing the County may pay such claim to the person furnishing the Tabor or services and charge the amount of the payment against funds due or to become due Contractor by reason of this Contract. c. Contractor's Employees. 1) Employees of Contractor may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases (except for personal services designated under ORS 279A.055) the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days , Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. 2) In the case of contracts for personal services described in ORS 279A.055, the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29. USC 201 to 209 from receiving overtime. 3) Except for contracts subject to ORS 279B.235(4), contracts for services require that persons employed under such contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020 and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. d. Contractor shall promptly, as due, make payment to any person or co partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to 2 -STANDARD TERMS AND CONDITIONS 2008 LEGAL/C&NMOTORotA/SERVICE AGREEMENTS/STD CONDITIONS SERVICE, AGREEMENT 2008 pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of Contractor's employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services. e. Contractor agrees that if Contractor is a subject employer that is not exempt under ORS 656.126, that it shall comply with ORS 656.017. 3. Contractor Not an Agent of County. a. It is agreed by and between the parties that Contractor is not carrying out a function on behalf of County, and County does not have the right of direction or control of the manner in which Contractor delivers services under this Contract or exercise any control over the activities of Contractor. b. Contractor is not an officer, employee or agent of County as those terms are used in ORS 30.265. c. Contractor covenants for itself and its successors in interest and assigns that it will not claim or assert that Contractor is an officer, employee or agent of the County, as those terms are used in ORS 30.265. 4. Partnership. County is not, by virtue of this contract, a partner or joint venturer with Contractor in connection with activities carried out under this contract, and shall have no obligation with respect to Contractor's debts or any other liabilities of each and every nature. 5. Insurance. In conjunction with all services performed under this agreement: a. Contractor shall maintain Commercial General Liability insurance with a combined single limit of not less than $500,000 per occurrence limit / $1,000,000 annual aggregate limit. Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed operations and contractual damages. By separate endorsement, the policy shall name Deschutes County, its officers, agents, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County are maintained. b. Contractor shall maintain automobile liability insurance with a combined single limit of not Tess than $500,000 per occurrence. Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include: plumbers, electricians or construction contractors. An Example of an acceptable personal 3 -STANDARD TERMS AND CONDITIONS 2008 LEGA JC&1VMCYtOROL AISER V ICE AGREEMENTS/STD CONDITIONS SER VICE AGREEMENT 2008 automobile policy is a contractor who is a sole proprietor that does not own vehicles registered to the business. c. Additional Requirements. Contractor shall pay all deductibles and retentions. A cross -liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of Toss. d, Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed Contract. The Certificate shall provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without at least 30 days written notice from the Contractor's insurer to the County. The Certificate shall also state the deductible or, if applicable, the self-insured retention level. For commercial general liability coverage, the Certificate shall also provide, by policy endorsement, that Deschutes County, its agents, officers, employees and volunteers are additional insureds with respect to Contractor's services provided under this Contract. The endorsement must be in a format acceptable to Deschutes County. If requested, complete copies of insurance policies shall be provided to the County 9. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding o appeal. 4 -STANDARD TERMS AND CONDITIONS 2008 LEGA[/C&A/MOTOROLA/SERVICE AGREEMENTS/STD CONDITIONS SERVICE AGREEMENT 2008 EXE MOTOROLA MEMORANDUM OF INSURANCE PRODUCER AON RISK SERVICES CENTRAL, INC. AON CENTER 200 EAST RANDOLPH STREET CHICAGO, ILLINOIS 60601 D/B/A Aon Risk Insurance Services of Illinois. CA License #0095623 THIS MEMORANDUM IS A MATTER OF INFORMATION ONLY. T}IIS MEMORANDUM DOES NOT AMEND, EXTEND OR ALTER T (-IE COVERAGES AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LIBERTY MUTUAL FIRE INSURANCE COMPANY INSURED MOTOROLA INC. AND ITS SUBSIDARIES 1303 EAST ALGONGUIN ROAD SCHAUMBURG, IL 60196 COMPANY B LIBERTY INSURANCE CORPORATION COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 01 SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY/) LIMITS A GENERAL LIABILITY -Commercial General Liability -Occurrence TB2-641-005169-079 7/01/2009 7/01/2010 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG Included PERSONAL & ADV INJURY $1,000,000 EACH OCCURENCE $1,000.')00 FIRE DAMAGE (any one fire) $250, )00 MED EXP (any oRe perms) $10..)00 A AUTOMOBILE LIABILITY -Any Auto AS2-641-005169-019 (Domestic Auto- A11 Sates) 7/01/2009 7/01/2010 COMBINED SINGLE LIMIT $1,000,110 BODILY INJURY (per accident) BODILY INJURY (per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY (each accident) OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURENCE AGGREGATE B B WORKERS COMP & EMPLOYER'S LIABILITY WA7-64D-005169-089 (Deductible) WC7-641-005169-099 (Retro) 7/01/2009 7/01/2010 X WC Statu- tory limits EL EACH ACCIDENT $1,000,1100 EL DISEASE - POLICY LIMIT $1,000,000 EL DISEASE — EA EMPLOYEE $1,000,. 100 OTHER FOR INFORMATIONAL PURPOSES ONLY 0 MOTOROLA Exhibit H 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. Technical Support is applicable to the following system types: ASTRO®, ASTRO® 25 , ARC 4000, SmartZone® v2.0.3 and higher, SmartZone®/OmniLink®, E911, Private Data v2.0.3 and higher, SmartNett , 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. 2.2. 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, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. page 1 of 2 41) MOTOROLA 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 • Response is provided Continuously Within 4 Hours from receipt of Notification, Standard Business Day • Major System failure 1 33% of System down • 33% of Site channels down • Site Environment alarms (smoke, access, temp, AC power. • This level is meant to represent a major issue that results in an unusable system, sub -system, Product, or critical features from the Customer's perspective. No Work -around or immediate solution is available. Severity 2 • Response during Standard Business Day • Significant System Impairment not to exceed 33% of system down • System problems presently being monitored • This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub -system, product, or major non-critical features from a Customer's perspective Severity 3 • Response during Standard Business Day • Intermittent system issues • Information questions • Upgrades/preventative maintenance • This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY 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 page 2 of 2