HomeMy WebLinkAboutAgreement_General_10/01/2016 (4) MOrOROLA SOLUTIONS SERVICES AGREEMENT
Attn: National Service Support/4th 11 Contract Number. S00001025123
1301 East Algonquin Road Contract Modifier: RN23- FEB -16 17:10:42
(800) 247 -2346
Date: 02/29/2016
Company Name: Tequesta, Village Of Required P.O.: No
Attn: Customer #: 1012622016
Billing Address: 357 Tequesta Dr Bill to Tag it: 0001
City, State, Zip: Tequesta,FL,33469 Contract Start Date: 10/01/2016
Customer Contact: D J Rick Ricciardi Contract End Date: 09/30/2017
Phone: (561)768 -0522 Anniversary Day: Sep 30th
Payment Cycle: MONTHLY
PO #:
QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED
EXT AMT
Total Services $1,273.92 $15,287.04
SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services
STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Subtotal -One -Time Event
Services
Total $1,273.92 $15,287.04.
Taxes - -
SERVICE AGREEMENT TO COVER 2 MCC5500 Grand Total CONSOLES, 29 APX6000 PORTABLES, 10 $1,273.92 $15,287.04
APX6500 MOBILES AND 3 APX7500 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
CONSOLETTES. SERVICES INCLUDED: JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
DISPATCH, TECHNICAL SUPPORT,
INFRASTRUCTURE REPAIR WITH ADVANCED
REPLACEMENT, ON SITE INFRASTRUCTURE
RESPONSE- PREMIER AND LOCAL RADIO
COMBO PACKAGE.
The prices quoted via this service contract renewal
are valid only until expiration of the current service
contract. If Customer does not provide to MSI a
valid, executed contract renewal within 30 days of
contract expiration a one -time administrative fee
equal to 5% of the subsequent year?s annual
contract rate will be billed to the Customer upon
reestablishment of the expired service contract.
Price with 5% Administration fee once delinquent =
$715.00
Subcontractor(s) City State
MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL
N
MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL
MOTOROLA SYSTEM SUPPORT CTR CALL SCHAUMBU IL
CENTER D0066 RG
MOTOROLA SYSTEM SCHAUMBU IL
SUPPORT-TECHNICAL SUPPORT D0068 RG
CONTROL COMMUNICATIONS DAVIE I FL
1 received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms
and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference.
1
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CUSTOMER (PRINT NAME)
MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Cindee Markes 954 - 723 -4718
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name: Tequesta, Village Of
Contract Number: S00001025123
Contract Modifier: RN23- FEB -16 17:10:42
Contract Start Date: 10/01/2016
Contract End Date: 09/30/201.7
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Customer Name: Village of Tequest Effective Date: 10/1/2016
Site ID Number: SZ05981
QTY Equipment Description Covered
2 MCC5500 Consoles
29 APX6000 Portables
10 APX6500 Mobiles
3 APX7500 Consolettes
3
Customer Name: Village of Tequesta PD Start Date: 10/1/2016
Contract Number: S00001025123
QTY Model T pe Serial
1 APX7500 Consolette 761 CQK0514
2 APX7500 Consolette 761 CQK0515
3 APX7500 Consolette 761 CQK0516
1 APX6500 627CQK1574
2 APX6500 527CQK1575
E 3 APX6500 527COK1576
4 APX6500 527CQK1577
5 APX6500 527CQK1578
6 APX6500 527CQK1579
7 APX6500 527CQK1580
8 APX6500 527CQK1581
9 APX6500 527CQK1582
10 APX6500 527COK1583
1 APX6000 481CQK4378
2 APX6000 481 CQK4379
3 APX6000 481 CQK4380
4 APX6000 481 CQK4381
5 APX6000 481 CQK4382
6 APX6000 481 CQK4383
7 APX6000 481CQK4384
8 APX6000 481 CQK4385
9 APX6000 481 CQK4386
j 10 APX6000 481 CQK4387
11 APX6000 481CQK4388
12 APX6000 481 CQK4389
13 APX6000 481.CQK4390
14 APX6000 481 CQK4391
15 APX6000. 481CQK4392
16 APX6000 481CQK4393
17 APX6000 481 CQK4394
18 APX6000 481 CQK4395
19 APX6000 481 CQK4396
20 APX6000 481CQK4397
21 APX6000 481 CQK4398
22 APX6000 481CQK4399
23 APX6000 481 CQK4400'
24 APX6000 481 CQK4401
25 APX6000 481 CQK4402
26 APX6000 481 CRM3438
27 APX6000 481CRM3439
28 APX6000 481 CRM3440
29 APX6000 481 CRM3441
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Service Terms and Conditions
Motorola Solutions Inc.(" 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 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 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 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 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
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obligations for any transmission medium, such as telephone lines, computer networks, the intemet 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 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 Senrices,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,
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. DEFAULTITERMINATION
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 ANYWAY 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
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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 Motorola's, property, will be deemed proprietary, will be kept confidential,
and will be promptly returned at Motorola's request. Customer may 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, onotherwise, 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
Customer's 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 Customer's premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.
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 party's
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.
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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 Motorola's then effective hourly rates.
Revised Jan 1, 2010
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MOVOROLA
Statement of Work
On Site 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.
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 terns 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.
2.5A. 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.
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.
3.2.2. Repair Verification preference and procedure.
9.
MOTOROLA
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 secondarylbackup PSAP connection to be prepared in the event of a
catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3.9. 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.
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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
p reventative maintenance or oduct/s stem Upgrades.
Response Times Table (Customer's Response Time Classification is designated in the Service Agreement)
Severity Level Premier Regular
Response Time Response Time
Severity 1 Within 2 hours from receipt of Within 4 hours from receipt of
Notification Notification
Continuously 24 x 7 Standard Business Da
Severity. 2 Within 4 hours from receipt of Within 4 hours from receipt of
Notification Notification
Standard Business Day Standard Business Da
Severity 3 Within 24 hours from receipt of Within 24 hours from receipt of
Notification Notification
Standard Business Day Standard Business Da
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MOTOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise.or troubleshooting on Equipment. The
Motorola System Support Center's (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 25 6.x, SmartZone v2.0.3 and
higher, SmartZone /OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two -
Way-
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by
this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis
of operation problems in'accordance with the response times set forth in the Remote
Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, Restoration, including providing a known fix for issue resolution when
available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as
needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in
or remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support
services described in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre - defined information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Complete database and escalation procedure forms..
3.1.2. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller,
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description of the problem.
3.3. Supply on -site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
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MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connectivity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level Problem Types
Severity I Response is provided Continuously
Major System failure
33% of System down
33% of Site channels down
Site Environment alarms (smoke, access, temp, AC power.
This level is meant to represent a major issue that results in an unusable
system, sub- system, Product, or critical features from the Customer's
perspective. No Work - around or immediate solution is available.
Severity 2 Response during Standard Business Day
Significant System Impairment not to exceed 33% of system down
System problems presently being monitored
This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub- system, product, or major non - critical
features from a Customer's perspective
Severity 3 Response during Standard Business Day
Intermittent system issues
Information questions
Upgrades/preventative maintenance
This level is meant to represent a minor issue that does not preclude use of
the system, sub - system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
p reventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY RESPONSE
Severity 1 Within 1 Hour from receipt of Notification Continuousl
Severity 2 Within 4 Hours from receipt of Notification, Standard Business Da
Severity 3 Within next Business Day, Standard Business Da
13
M070ROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair with Advanced Replacement 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. 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.
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 or select third party FRU inventory to
Customer specified address.
2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless
otherwise requested. Select third party FRU may ship second day air via Federal Express Priority
Overnight or UPS red as noted in the attached exhibit(s). 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 or select third party 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.
2.7.5. Perform a System Test on select Infrastructure.
14
2.8. Provide the following service on select third party Infrastructure: MOTOROLA
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 Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from 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 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for
repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services
and fee applies.
3.7 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.
15
M070ROLA
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. All Broadband/WNS Infrastructure three (3) years from product cancellation date._
3. Physically damaged Infrastructure.
4. Third party Equipment not shipped by Motorola.
5. Consumable items including, but not limited to, batteries, connectors, cables, tone /ink cartridges.
6. Video retrieval from Digital In -Car Video equipment.
7. Test equipment.
8. Racks, furniture and cabinets..
9. Firmware and/or Software upgrades.
16
0 MOTOF O&A
Console Only Infrastructure Exhibit Inclusions Exclusions Exceptions and Notes
Card Cages Included
Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub, Base Interface Module (BIM), Console Operator
Interface Module (CORM), Operator Interface Module (OMI).
Excludes all other technologies
see SOW specifically for NICE logging recorders
Central Electronic Shelf (CES) Included
Computer(s) Includes computers that directly interface with CEB. Includes keyboards, mice and tmckballs.
Excludes laptop computers and all 286, 386, 486 computers. Defective or phosphor -burned cathode ray
tubes CRTs and burned -in flat panel display image retention.
Console(s) Includes consoles (CommandSTAR, CommandSTAR lite, Centracom Gold Elite MCC7500, MCC7500 w/
VPM, MCC5500, MIP5000, MC 1000, MC2000, MC2500, MC3000) as part of complete communication
System — Including headset jacks, dual footswitches, and gooseneck microphones and Console Interface
Electronics. Excludes cables
Console Audio Box CAB Included
Dictaphones, Logging Recorders and Recording Excludes all technologies
Eq uipment see SOW specifically for NICE logging recorders
Junction Box Included
Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All
Equipment must be shipped to IDO.
Excludes any on -site services.
Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the
communications System.
Excludes defective or phosphor -burned cathode ray tubes CRT(s) and bumed -in flat panel displays image
retention as well as monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory
order number.
Site Frequency Standard(s) Includes Netclocks systems
Excludes WS - Rubidium Standard Network Time and Frequency devices
UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All
UPS Systems must be shipped to IDO for repair.
Excludes batteries and any on -site services.
17
MOTOROLA
Statement of Work
Local Radio Combo Package
1.0 Description
Local Radio Combo Package provides operational check and board level repair services for mobile, portable,
two -way and mobile data. An operational check is an analysis of the Equipment to identify external or internal
defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile
controls heads, provided that they are required for normal operation of the two -way mobile and are included at
the point of manufacture. Service is only included on Equipment specifically named in the applicable
Agreement to which this Statement of Work is attached.
Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; MEN mobile
microphones; non - standard mobile microphones, mobile external speakers; optional or additional control
heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables
and power supplies.
The following are excluded from Local Radio Combo service unless they are purchased as an option for an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Service to be performed at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on the Equipment to determine the nature of the problem.
2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing.
2.4 Test and Restore the Equipment to Motorola factory specifications.
2.5 Remove any dust, and/or foreign substances from the Equipment.
2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the
template in the Equipment, if the template information can be retrieved from the Equipment, or from a
backup diskette provided by Customer containing the template information. If the Customer template is
not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software
(RSS) version for that Equipment will be used. The Equipment will require additional programming by
the Customer to Restore the original template.
2.7 Notify Customer upon completion of repair for pickup of Equipment.
3.0 Customer has the following Responsibilities:
3.1 Deliver and pick up Equipment to /from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the
Software template or programming in order to assist in returning the Equipment to original operating
parameters. If applicable, record the current flashcode for each radio.
3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is
responsible for any programming required to Restore Equipment to desired parameters.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Combo Package service to Customer.
18
MQTQRQ &A _
Statement of Work
Local Radio Combo Package
OnSite Option — Pick up & Delivery
1.0 Description of Service
Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the
Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan.
This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement
of Work is attached.
2.0 Motorola has the following responsibilities:
2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. If a pick up /delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up /delivery, to arrange a mutually agreeable
alternative date and/or time for pick up /delivery.
2.2 Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2 Provide problem description along with unit.
19
r
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
performance of the work described in the Proposal or Bid. Upon request
from the Village's custodian of public records, CONTRACTOR must provide
the Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be
subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida
Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,
CONTRACTOR shall ensure that -any exempt or confidential records
associated with this Agreement or associated with the performance of the
work described in the Proposal or Bid are not disclosed, except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of the Agreement,
CONTRACTOR shall transfer, at no cost to the Village, all public records in
possession of 'the CONTRACTOR, or keep and maintain public records
required by the Village.. If the CONTRACTOR transfers all public records to
the Village upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Village's custodian of public records,
in a format that is compatible with the Village's information technology
systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION - OF - CHAPTER 119, - FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 7680685, OR AT Immilliams@teguesta.org, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
3