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Home My WebLink About2003-184 Agrmt - MotorolaAttn: National Service Support 1307 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Vet. 4.6 Build 1004 Date: 8/11/03 SERVICE AGREEMENT Agreement Order # · 0601031280579 Supersedes Agreement #(s) · f Company Name: City of A~shland Attn: Billing Address: 20 East Main Street City, State, Zip: Ashland, OR, 97520 Customer Contact: David Hard Phone: 541 552-2218 Fax: davidh@ashland.or, us Required P.O.: yes Customer # · 1011793777 Bill to Tag # · 0001 Contract Start Date: 07/01/2003 Contract End Date: 06/30/2004 Anniversary Date: Payment Cycle: Annually _ Tax Exempt: _Yes PO Cf · 04401 Qty- --iM~)deliOption --',D~scr,'pt'i~n - ' -- !--M(~nthl~ Ex~ ~ Extended ..... !SVC01SVC1420- ' ~SP- Local In~r~U~i;~e~Pair ....... ! ...... i ! Remotes [$ 171.90 $ 2,062.80, 30 2 1 4 1 1 14 4 21 8 19 11 27 37 41 SVC02SVC0015 SVC01 SVC2007 SVC02SVC0013 1 3O 2 1 4 1 4 1 1 iMidland Base Station i Midland Control Station !MSR2000 Base Station I MSR2000 Control Station ! MSR2000 Base Station i SP - Subscriber Repair- Local i Local Radio Combo Package i Midland Mobile i Maratrac Mobile IM1225 Mobile I Matxtrac Spectra Mobile !Astro Mobile ~ HT1000 !Saber Portable !XTS3000 Portable i SP - OnSite Infrastructure Response !On Site Infrastructure Response with Local Dispatch i Centra Corn i Domo+e~ I Midland Base Stations !,Midland Control Station i Quanter Base Station !Quantar Repeater MSR2000 Base Station MSR2000 Control Station ! MTR2000 Base Station !SP- Depot Infrastructure Repair i Centra Comm I Quantar Base Station !Quantar Repeater !$ 96.62 !$ 24.10 $ 192.92 $ 48.21 $ 48.21 $ $ $ $ $ $ $ $ $ ,$ $ '$ !$ $ $ $ I$ $ 135,24 38,64 165.o6 77.28 183,54 106.26 193.32 264.18 293.15 14.57 64.801 32.181 8.13! 64.36! 16.09! 64.361 16.09 i 16.09! 206,50 171.60 ~ 40.42 $ 1,159.441 $ 289.20' $ 2,315.04 $ 578.52 $ 578.52 1,622.88 463.68 1,980.72 927.36 2,202.48 1,275.12 2,319.84 3,170.16 3,517.80 174.84 '~ 777.60, 386.16i 97.56~ 772.32 193.081 772.32 193.081 193.08~, 2,478.00 I 2,059.20 485.04 ~ SPC v4.6 Build 1004 Release Date: 06/02/03 SPECIAL INSTRUCTIONS - A~i-ACH STATEMENT OF WORK FOR PERFORMANCE DESCR~PTIONS received Sta[ements of Work that describe the services provided on this Agreement. Motorola's Service Terms & Conditions, a copy of which is attached to this Service SUBTOTAL- RECURRING SERVICES SUBTOTAL - ONE-TIME EVENT SERVICERS __ _~$ TOTAL $ 2,753.82 $ 33,045.84 i TAXE. GRAND TOTAL $ 2,753.82 ] $ 33,045.84 THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY MOTOROLA. , SUBCONTRACTOR(S) -- Day Management Corp dba Day Medford OR twireles~ems - - - Agree,~ent, is incorporated herein b~ this reference ' - AUTHORIZED CUSTOMER SIGNATURE ( TI~..ICE DATE Da_wid Y~. Hard~ ./¢' _ ~sistant F~~/Fir~s~l ~ .~8/12/2~Q3 . CUST~ NT NA~ ~/ /~ ,-~ / t' ~"' Y ~' . '~ Central Customer Suppod Manager / ~ ¢~/' MOTORO~~R~E (SIGNAT' RE) TITLE '~ / Ma Figolah ?~ ~7 576-2438 ~7 576-8311 MOTORO~ REPRESE--~VE (PRINT NAME) PHONE F~ SPC v4.6 Build 1004 Release Date: 06/02/03 PRODUCER Serial # 1116 ACH RISK SERVICES, INC. OF ILLINOIS 1000 NORTH MILWAUKEE AVENUE GLENVlEW, ILLINOIS 60025 08/15/2003 THIS CERTIFICATE IS ISSUED AS A MATTER O-F INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ATTN: INSURANCE VERIFICATION CENTER i COMPANY- -- 1-800-4-VERFIY/FAX 1-847-953-5341 : A LIBERTY MUTUAL INSURANCE COMPANY INSURED COMPANY LIBERTY MUTUAL FIRE INSURANCE COMPANY B MOTOROLA INC. AND ITS SUBSIDIARIES .... 1303 EAST ALGONQUIN ROAD I COMPANY SCHAUMBURG, IL 60196 I C COMPANY D 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 B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO I POLICY EFFECTIVE POLICY EXPIRATION LTR I TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS A ! GENERAL LIABILITY RG2C41005169073 x iCOMMERO'A' GENE~L"AB,L,~ -~:: C~*,MS MADE ! X~ OCCUR !OWNER'S & CONTRACTOR'S PROT B A AUTOMOBILE LIABILITY X i ANYAUTO i ALL OWNED AUTOS AS2C41005169013 ALL STATES INCL. TX SCHEDULED AUTOS HIRED AUTOS ~ NON-OWNED AUTOS I GARAGE LIABILITY ~ ANY AUTO EXCESS LIABILITY ~ UMBRELLA FORM i OTHER THAN UMBRELLA FORM i A WORKER'S COMPENSATION AND !(EXCEPT OHIO) AS1 C41005169023 (OHIO) 7/01/2003 7/01/2004 7/01/2003 7/01/2004 [GENERAL AG~GREGA~TE i$ 5 000 00~0 ; PRODUCTS - COMP/OP AGO $ 5,000,000 ' PERSONAL & ADV INJURY$ 5,000,000 EACH OCCURRENCE i $ 5,000,000 FIRE DAMAG~E (Any one fire) ! $ 250,000 MHD EXP (Any one person) i $ 10,000 COMBINED SINGLE LIMIT I $ 5,000,000 BODILY INJURY i $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ !AUTO ONLY ~ EA ACCIDENT !OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE .EACHOCCUR~RENCE~ [$ __ ~AGGREGATE ;$ ! WAT-C4 D-005169-083 I 7/01/2003 7/01/2004 EMPLOYERS'LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER (ALL OTHER STATES) ~ WC7-C41-005169-093 !INCL (AK,ID,MT,OR,WI) EXCL I EL EACH ACCIDENT $ 1,000,000 iELD,SEX;E:POL, Y',M,T EL DISEASE- iA EMPLOYEE I $ 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: PO # 04401, 2 XTS 3000(S) AND M1225 RADIOS TO THE CONTRACT. s.ouLD A.YOF T.E ABovE DESCR.BED POL,ClES .E CA.CELLED BEFORE T.E CITY OF ASHLAND I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 20 EAST MAIN STREET I 30. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ASHLAND, OR 97520 I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY A reques~ for a Purchase Order REQUISITION FORM L/ THIS REQUEST IS A: [] Change Order(existing PO # __.) CITY OF -ASHLAND Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Fax Number Deliver Location Mntnrnln Attn' Nnfinnnl .c;~rvinR Ru,n,nnrt. Mnn/Fi?lnh 1307 East A!,qonquin Road Schaumberg, IL 60196 1-800-247-2346 or 847-576-2438 FAX: 847-576-8311 ')1'1 ~-~et i~l~3~n ~tr~t nr Z~ ~eW~/~H ~11"¢1 Services Only Description Total Cost Solicitation Process: Annual radio maintenance and service contract for the :; ::; : [] Exempt [] 3 Written Quotes entire city. ; (copies attached) [~ Sole Source I~ Invitation to Bid(copies on fie) Please see attached spreadsheet for department/division costs and associated account numbers. [] Less than [] Request for $ 33i045i84 $5000 Proposal (copies on file) Account Number___-. *Please attach the Original signed contract and Insurance certificate. Materials Only Item # Quantity Unit Description Unit Cost Total Cost Account Number *Please attach the quotes. Employee Signature:0~...~./,_~.:._.//.-://'~~.-~ Supervisor/Dept. Head Signature: NOTE: By signing this requisition form, I certify that the a~ve request meets the City of Ashland Solicitation Process reqUirements and can be providedrd when necessary. G:Finance\Procedure~AP~Forms\Requisition form Updated on:07/15/02 ~ ZXO000000000 0000000000~0000 ~ ~ oooooooooo oooo Service Terms Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section I 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 "Agreemenf' means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any aRachments, unless the cover page or attachment specifically states otherwise. "Equipmenf' means the communication equipment that is specified in the attachments or is subsequently added to this Agreement. "Services" means those installation, maintenance, support, training, and other serqices described in this Agreement. Section3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreelnent 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 atlachment. 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 fo flowed. 4.3. If Customer purchases from Motorola additional equipment that becomes pa~ 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. ff Equipment cannot, in Motorola' s opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or practical infeasibility, Motorola may modify the scope of Services related to such Equipment; ~emove such Equipmeat. fi.om the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola directly of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Serviee purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES Service excludes the repair or replacement of Equipment that has become defective or damaged fi.om use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; or accident, liquids, power surges, neglect, acts of God or other force majeure events. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries, magnetic tapes, etc.; upgrading or re'programming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any txansmission line, antenna, microwave eqtipment, 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 malfimction caused by such trans mission 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 loc ation, Customer will provide Motorola, at no charge, a non 4~azardous work environment with adequate shelter, heat, light, and power and with full and fi-ce access to the Equipment. Waivers of liability fi.om Motorola or its subconU-actors will not be imposed as a site access requirement. Customer will provide all information pertaining t o the hardware and so,ware 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 inrendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section7 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. Section8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each 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 thatits Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days following completion of those Services. In the event ora 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 PARTICULARPURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to thenon -performing party a written and detailed notice of the default. The non-performing paa3, Service Terms and Conditions Final Rev. 8/21/02 (CSA formatted) and Conditions will have thirty (30) days thereafter to provide a written plax] 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 furtber 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 deatb, Motorola's total liability, whether for breach of con~xact, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the previous twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT TO THE FULL EXTENT SUCH DAMAGES MAY BE DISCLAIMED BY LAW, MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER ~PECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT. Except for money due upon an open account, no action may be brought for a breach of this Agreement more than one (1) year after the accrual of such cause of action. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CON DITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between tile parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an inadvertent omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii) such pun:hase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Sectlon13 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 M0torola'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 e~iration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will h ave no obligation to provide Customer with access to its confidential and proprietary information, including cost and pti cing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license undex 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 Se rvices performed under this Agreement. Section 14 FCC LICENSES AND OTHERAUTHOR[ZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Conrnunications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY 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 empbyees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or contxol, 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 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not o p erate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting fi.om any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its per formance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. Statement of Work Definitions There may be additional terms defined in this list that do not apply to the SOWs attached. Terms in this list that are not specifically used in the attached SOWs should be disregarded. 1.0 Definitions Capitalized terms used in this Statement of Work and not otherwise defined within the Statement of Work, Communications System Agreement or other applicable Agreement have the following meanings: 1.1 Box Unit Test: Unit is tested in a fixture that simulates the functions for which it was designed, engineered, or manufactured to insure that it meets manufacturer specifications. 1.2 Case: Electronic tracking document for requests for service through the System Support Center. 1.3 Components: Motorola new or refurbished parts of equal quality. 1.4 Configuration Change Support: A change in a user-defined parameter, which may include, but is not limited to, a change in the placement of a dispatch console talkgroup window. Fleetmapping is not considered included in Configuration Change Support. 1.5 Continuously: Seven (7) days per week, twenty four (24) hours a day, three hundred sixty five (365) days a year including holidays. 1.6 Core Release: A new version of Software that adds Standard Features and major enhancements. These new versions are signified by changes to the first digit of the version identifier number (e.g. SmartZone 2.0.3 to SmartZone 3.0). 1.7 Customer: The end-user Customer as identified in the Communications System Agreement, Service Agreement or other applicable Agreement. 1.8 Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services promised under this Statement of Work. 1.9 Enhancement Release: A superseding issue of Software, which adds to, improves, or enhances the performance of Standard Features contained in the then currently shipping Software version. These releases are signified by changes to the second digit of the version identifier number (e.g. SmartZone 3.1 to SmartZone 3.2). l. 10 Equipment: The equipment specified in the Equipment List as set forth in the Communications System Agreement, Service Agreement or other applicable Agreement, including any additions to the Equipment List during the Warranty Period. 1.11 Enhanced System Support (ESS) Period: The 12 month period commencing at the start of the Warranty Period for Equipment and Software as defined by the Communications System Agreement. 1.12 Event: An alarm or informational notification received by Motorola through the Network Management tools. 1.13 Federal Technical Center: A Motorola facility located in Lanham, Maryland, the purpose of which is to serve as Motorola's centralized location for radio repair for Federal Customers. 1.14 Firmware: Software in object code form that is implanted or embedded in hardware. 1.15 Infrastructure: The fixed Equipment excluding mobiles, portables, and accessories. 1.16 Maintenance: The process for determining the cause of Equipment failure, removing, repairing, or replacing parts or elements necessary in order to conform the Equipment with the manufacturer's specifications along with system specific specifications, delivering and reinstalling the parts, and placing the Equipment back into operation. 1.17 Motorola Software: Software whose copyright is owned by Motorola. 1.18 Radio Support Center: A Motorola facility located in Rockford, Illinois, the purpose of which is to serve as Motorola's centralized location for radio repair. Definitions Approved by Motorola Contracts & Compliance Page 1 of 2 1.19 Response: Response times are defined as when a technician, a remote systems technologist or a remote network specialist is actively working the technical issue, remotely or on-site, as determined by Motorola. 1.20 Restore/Restoration: The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, although such Equipment may not necessarily be malfunctioning. 1.21 Servicer: a Motorola Authorized Service Station or Motorola Field Service personnel. 1.22 Software: Includes Motorola and any non-Motorola Software that may be furnished with the Communications System. 1.23 Standard Business Day: Monday through Friday, 8:30 a.m. to 4:30 p.m., local time, excluding Motorola holidays. 1.24 Standard Feature: A software functionality for components of Customer's System that is available to Customer in the standard software release. 1.25 Start Date: Effective start date as listed on the Service Agreement or other applicable Agreement. 1.26 System: System is the communications system as defined in the Communications System Agreement or other applicable Agreement. 1.27 System Acceptance: Unless otherwise defined in the Communications System Agreement, the date upon which Motorola has successfully completed all of the System tests as described in the acceptance test plan. 1.28 System Support Center: a Motorola facility located in Schaumburg, Illinois, the purpose of which is to serve as Motorola's centralized system support facility to compliment the field support resources. The System Support Center is hereinafter referred to as the "SSC." 1.29 System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. 1.30 Systemic: A software/hardware product defect related to or affecting the designed system operation. 1.31 Technical Support Operations: A centralized telephone support help desk that provides technical support for Motorola customers' who have purchased Commercial Government and Industrial Solutions Sector (CGISS) products or have a contract for technical support. 1.32 Work Flow: A step-by-step process including instruction or direction for routing, handling, and processing information at a given agency. Definitions Approved by Motorola Contracts & Compliance 11/14/01 Page 2 of 2 Special Statement of Work Local Infrastructure Repair-Designated Equipment 1.0 Description of Services Local Infrastructure Repair provides repair service of Equipment named on the Customer Equipment list by the Servicer. At the Servicer's discretion and responsibility, Equipment may be sent to Motorola, original equipment manufacturer, or other facility for repair. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1. Repair Equipment at the Servicer facility or Customer location to be determined by Motorola. Servicer is responsible for travel costs to a Customer location to repair Equipment. 2.2. Perform the following on Motorola Equipment: 2.2. l. Perform an operational check on the Equipment to determine the nature of the problem. 2.2.2. Replace malfunctioning Components with new or reconditioned assemblies. 2.2.3. Verify that Motorola Equipment is returned to Motorola manufactured specifications. 2.3. Provide the following service on third party Infrastructure 2.3.1. Perform diagnostic on select third party Infrastructure to determine whether there is an Equipment malfunction. If no malfunction is found, Equipment with no trouble found (NTF) will not be sent to third party vendor for repair. 2.3.2. If a malfunction is found, ship select third party Infrastructure to the original equipment manufacturer or third party vendor for repair service. 2.3.3. Coordinate and track third-party Infrastructure Equipment sent to the original equipment manufacturer or third party vendor for service. 2.4. Reprogram Equipment to return Equipment to original operating parameters based on templates provided by Customer. If the Customer template is not provided or is not reasonably usable, a generic template will be used which will be provided by Servicer. 2.5. Notify the Customer upon completion of repair. 2.6. Properly package, return ship or hand deliver Equipment to the Customer specified address. Servicer will pay return shipping charges, if being sent via overnight carrier. 3.0 Customer has the following responsibilities: 3.1. Contact Servicer and provide the following information: 3.1.1. Provide customer name, address of site location, and symptom of problem 3.1.2. Provide model description, model number, serial number, and type of System and Firmware version, if known. 3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading, if necessary by Servicer, after repair service is completed. 3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide Local Infrastructure Repair services to Customer. Special Statement of Work SP Local Radio Combo Package - Designated Equipment 1.0 Description SP Local Radio Combo Package provides operational check and board level repair services for mobile and portable two-way Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. An operational check is an analysis of the Equipment to identify external or internal defects. In addition to Equipment specifically named in the applicable Agreement to which this Statement of Work is attached, SP Local Radio Combo Package includes service on standard palm microphones and single mobile control heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. SP Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; single unit portable chargers; batteries, mobile antennas; portable antennas; and mobile power and antenna cables. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 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. SP Local Radio Combo Package Page 1 of 1 )MO~ROLA Special Statement of Work OnSite Infrastructure Response With Local Dispatch - Designated Equipment 1.0 Description of Service OnSite Infrastructure Response provides for on-site technician Response as determined by pre-defined severity levels set forth in Table C and Response times set forth in Table A in order to Restore designated equipment. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Provide Customer access to a single phone number to request service Continuously via one of the following communication methods: (telephone, answering service, pager, cellular phone). 2.2 Assign technical resources and provide estimated time of arrival (ETA) to Customer. 2.3 Respond to the Customer site per the Table A below. 2.4 Perform diagnostics on the Component/Field Replaceable Unit (FRU)/assembly 2.5 Restore the equipment by replacing defective Component/FRU/assembly: 2.5.1 FRU and assembly will be provided by Customer. 2.6 Call Customer upon restoration and request verification. If Customer cannot be contacted within twenty (20) minutes, the Servicer will be released from Customer site. 2.7 Provide the service ticket document to Customer when requested. Service ticket document should include the following: 2.7.1 Resolution action. 2.7.2 Provide defective FRU or part number (model #) used. 3.0 Customer has the following responsibilities: 3.1 Contact the Servicer when service is needed. 3.2 Contact the Servicer upon expiration of Response time goal. 3.3 Supply FRU or assembly as needed in order for Motorola to Restore the equipment as set forth in paragraph 2.5.1 3.4 Maintain and store any and all Software needed to Restore the System. 3.5 Upon being contacted by the Servicer requesting verification of a Restoration as described above in Section 2.6, respond to that request within twenty (20) minutes. 3.6 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. 3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide OnSite Infrastructure Response with Local Dispatch services to Customer. SP OnSite Infrastructure Response With Local Dispatch (5-02) Page 1 of 2 Table A - OnSite Response Times Severity Level Response Time Severity 1 Within 4 hours from receipt of notification Severity 2* Within 4 hours from receipt of notification* Severity 3* Within 24 hours from receipt of notification* * Denotes that these response times are applicable only during Standard Business Days. Severity 1 Response Times are applicable Continuously. Table C -Severity Definitions Severity Level Problem Types Severity I Major equipment failure 33% of equipment down 33% of Site channels down Response is provided Continuously Severity 2 Significant Equipment Impairment Response is provided Standard Business Day Severity 3 Parts Questions Intermittent Problems Equipment problems being monitored Operational and informational questions Response is provided Standard Business Day SP OnSite Infrastructure Response With Local Dispatch (5-02) Page 2 of 2 Special Statement of Work Infrastructure Repair - Designated Equipment 1.0 Description of Services Infrastructure Repair provides repair service to Motorola and select third party Infrastructure as set forth in the applicable Service Agreement. Equipment is serviced down to the component level at the Motorola System Support Center (SSC). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If third party Infrastructure is no longer supported by the original equipment manufacturer, Motorola may replace Equipment with a comparable/compatible or like Equipment, when possible. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1. Receive Equipment from Customer and document its arrival, repair and return. Provide return authorization numbers when requested as mentioned in 3.1. 2.2. Perform the following on Motorola Equipment: 2.2.1. Perform an operational check on the Equipment to determine the nature of the problem. 2.2.2. Replace malfunctioning Components with new or reconditioned assemblies. 2.2.3. Verify that Motorola Equipment is returned to Motorola manufactured specifications, as applicable. 2.2.4. Perform a Box Unit Test where applicable. 2.2.5. Perform a System Test on select Equipment where applicable. 2.2.6. Provide service on third party Infrastructure equipment where applicable. 2.2.7. Perform pre-diagnostic and repair services on select third party Infrastructure to confirm Equipment malfunction and eliminate sending Equipment with no trouble found (NTF) to third party vendor for repair, when applicable. 2.2.8. Ship select third party Infrastructure to the original equipment manufacturer or third party vendor for repair service. 2.2.9. Coordinate and track third-party Infrastructure Equipment sent to the original equipment manufacturer or third party vendor for service. 2.2.10. Perform a post-test to confirm malfunction Equipment has been repaired and functions properly in a Motorola System configuration, when applicable. 2.3. Reprogram Equipment to return Equipment to original operating parameters based on templates provided by Customer. If the Customer template is not provided or is not reasonably usable, a generic template will be used. 2.4. Properly package and return ship (Motorola will pay return shipping charges) Equipment to the Customer specified address. 3.0 Customer has the following responsibilities: 3.1. Contact the SSC for a return authorization number prior to shipping malfunctioning Equipment or third party Infrastructure named in the applicable attached Exhibit. The initial call to the SSC may be from Servicer if, pursuant to a Statement of Work or other applicable Agreement, Servicer is acting on Customer's behalf. 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 Equipment. Page 1 of 2 Special Statement of Work Infrastructure Repair - Designated Equipment (Cont'd) 3.1.2 Indicate if the Equipment or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Equipment being sent in for service. 3.2. Maintain templates of Software/applications and Firmware for reloading of Equipment as set forth in paragraph 2.4. 3.3. Properly package Equipment and third party Infrastructure for shipping and ship the malfunctioning Equipment and third party Infrastructure (freight prepaid by Customer) to Motorola. Clearly print the return authorization number on the outside of the packaging. 3.4. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair services to Customer. Inclusions/Exclusions: Base/Repeater (where applicable) Excludes all Equipment such as bi-directional amplifiers, multicouplers, Antenna Systems combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines Computers/Monitors (where applicable) Includes flat panel displays and touch screen monitors. Excludes laptop computers. Excludes mice and trackballs, unless unique to the product. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Additional Exclusions: 1. All Equipment over seven (7) years from product cancellation date. 2. Physically damaged Equipment. 3. Third party equipment not shipped by Motorola with the original System. 4. Dictaphones and Recording Equipment. 5. Consumable items including but not limited to batteries, connectors, mice, and trackballs. 6. Racks, furniture and cabinets. 7. UPS Systems. Firmware and/or Software upgrades Page 2 of 2 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY J DATE 08/08i2003 ] Page 1 /2 04401 VENDOR: 000110 MOTOROLA PO BOX 100184 PASADENA, CA 91189 SHIP TO: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Special Inst: Req. No.: Dept.: ELECTRIC Contact: David Hard Confirming? Yes THIS IS A REVISED PURCHASE ORDER · ..= ".":"'::" Annual radio maintenance and service agreement for entire Citv. A.qreement #0601031280579 Supersedes Agreement #615002379 ' · Customer #1011793777 Contract End Date: 06/30/2004 Revis.ed' purchase order 08/26/2003 C~an~ed Police ~C ¢110 06 11 04 604160 to ~C ¢110 06 11 04 603500 SUBTOTAL BILL TO: FEEI6HT TOTAL E 110.06.11.04.603500 12,020.16 E 675.08.17.00.603500 600.72 E 110.07.12.00.603500 5,175.12 E 675.08.19.00.603500 1,150.32 E 110.07.13.00.603500 5,175.12 E 690.11.18.00.603500 1,674.32 E 110.08.14.00.603500 110.89 E 691.11.00.00.603500 559.22 E 260.08.12.00.603500 2,003.37 E 710.08.11.00.603500 504.02 E 670.08.18.00.603500 1,708.52 E 710.08.23.00.603500 115.92 E 670.08.19.00.603500 201.84 E 730.08.24.00.603500 1,178.82 Authorized Signature VENDOR COPY CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 O8/O8/2OO3 Page 2 / 2 VENDOR: 000110 MOTOROLA PO BOX 100184 PASADENA, CA 91189 SHIP TO: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Special Inst: Req. No.: Dept.: ELECTRIC Contact: David Hard Confirming? Yes SUBTOTAL 33,045.84 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 lolA&. 33,045.84 ASHLAND, OR 97520 ..... · .. Account Number · Amount .... Account Number AmOunt E 710.03.07.00.603500 867.48 Signature VENDOR COPY CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY DATE 08/08/2003 Page 1 /2 PO NUMBER 04401 VENDOR: 000110 MOTOROLA PO BOX 100184 PASADENA, CA 91189 SHIP TO: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net 30 davs Req. Del. Date: Special Inst: Req. No.: Dept.: ELECTRIC Contact: David Hard Confirming? Yes Quantity Unit ' Description Unit Price Ext, Price Annual radio maintenance and service 33,045.84 agreement for entire Citv. Agreement #0601031280579 Supersedes Agreement #615002379 Customer #1011793777 Contract Start Date: 07/01/2003 Contract End Date: 06/30/2004 SUBTOTAL BILL TO: TAX FREIGHT TOTAL E 110.06.11.04.604160 12,020.16 E 675.08.17.00.603500 600.72 E 110.07.12.00.603500 5,175.12 E 675.08.19.00.603500 1,150.32 E 110.07.13.00.603500 5,175.12 E 690.11.18.00.603500 1,674.32 E 110.08.14.00.603500 110.89 E 691.11.00.00.603500 559.22 E 260.08.12.00.603500 2,003.37 E 710.08.11.00.603500 504.02 E 670.08.18.00.603500 1,708.52 E 710.08.23.00.603500 115.92 E 670.08.19.00.603500 201.84 E 730.08.24.00.603500 1,178.82 Authorized Signature VENDOR COPY CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 DATE 08/08/2003 Page 2 / 2 PO;NUMBER 044di ' VENDOR: 000110 MOTOROLA PO BOX 100184 PASADENA, CA 91189 SHIP TO: Ashland Fire Department (541) 482-2770 455 SISKIYOU BLVD ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Special Inst: Req. No.: Dept.: ELECTRIC Contact: David Hard Confirming? Yes Quantity Unit Description Unit Price Ext. Price BILL TO: Account Payable SUBTOTAL 33,045.84 20 EAST MAIN ST TAX 0.00 541-552-2010 FREIGHT 0.00 ARI-II ANIFI nl~ aT~'~n TOTAL 33,045.84 Account Number J Amount ! Account Number Amount E 710.03.07.00.603500 867.48 /~¢~' ~ed Signature VENDOR COPY