HomeMy WebLinkAbout2007-012 Agrmt - Motorola
05/01/07 TUE 11:07 FAX 541 488 5320
ASHLAND SVC CTR
IaI 003
. MOTOROLA
SERVICE AGREEMENT
Altn: National Service SuppoIt
1307 E8SI AIgonqufn Road
Sahllumburp. IL 00196
(BOO) 247.2346
Contract Number: $00001000395
Contract Modifier. RN16-MAR-0708:26:54
Supercedes Agreement(s):
Date: 04/13/2007
Company Name: Ashland. City Of
Attn:
Billing Address: 20 N Main
City, State. Zip: Ashland, .OR 97520
Customer Contact: Chief Keith E Woodley
Phone: (541)482-2nO
Fax:
Required P.O.: Yes
Customer # : 1011793777
BW to Tag #: 0001
Contract start Date: 07/01/2007
Contract End Date: 0613012008
Anniversary Day: Jun 30th
payment Cycle: ANNUAL
Tax Exempt: Pays All Taxes JJ
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@ MOTOROLA
Statement of Work
Prepared For:
ASHLAND, CITY OF
20 N MAIN
ASHLAND, OR 97520
. M07'OROLA
Statement of Work
Definitions
1.0 Definitions
These defined terms might not apply to every Statement of Work. Capitalized terms below and
not otherwise defined within the Statement of Work, or in the Communications System
Agreement or other applicable agreement (collectively, "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
specificati ons.
1.2 Case: Electronic tracking document for requests for service through the System Support
Center.
1.3 Case Status: Identifier of the status of a Case from beginning to end. .
1.4 Component( s): Motorola new orrefurbished parts of equal quality.
1.5 Configuration Change Support: A change in a user-defined parameter, which may
include a change in the placement of a dispatch console talkgroup window.
Fleetmapping is not included in Configuration Change Support.
1.6 Connectivity: Establishment of remote access to the System via dial up or fixed
dedicated links.
1.7 Continuously/Continuous: Seven (7) days per week, twenty-four (24) hours a day,
including holidays.
1.8 Customer: The end-user Customer as identified in the Agreement.
1.9 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
described in this Statement of Work.
1.10 Elements: Those device types present on the Customer's System whose status may be
communicated to the SSC.
1.11 Equipment: The equipment specified in the Equipment List as set forth in the
Agreement, including any additions to the Equipment List during the Warranty Period.
1.12 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 Agreement.
1.13 Event: An alarm or informational notification received by Motorola through the
Network Management tools.
1.14 Feature: A Software functionality
1.15 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 United
States Federal Government Customers.
1.16 Firmware: Software in object code form that is implanted or embedded in hardware.
1.17 FRU: Field Replaceable Unit, typically a board or module, contained within the
Infrastructure.
1.18 Infrastructure: The fixed Equipment excluding mobiles, portables, and accessories.
1.19 Infrastructure Depot Operations (IDO): A Motorola facility, which serves as Motorola's
centralized location for infrastructure repair.
1.20 Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement
while the Customer's Infrastructure is being repaired.
1.21 Maintenance: The process for determining the cause of Equipment failure, removing,
repairing, or replacing Components necessary to conform the Equipment with the
manufacturer's specifications along with system-specific specifications, delivering and
reinstalling the Components" and placing the Equipment back into operation.
1.22 MCNS: Mission Critical Network Services
1.23 Motorola Software: Software whose copyright is owned by Motorola or its affiliated
company
1.24 Non-Motorola Software: Software whose copyright is owned by a party other than
Motorola or its affiliated company.
1.25 Notification: The point in time when the Customer contacts Motorola and requests
service.
1.26 Optional Feature: An additional Feature issued with a System Release that is available
to Customer at additional cost.
1.27 Radio Support Center (RSC): A Motorola facility which serves as Motorola's
centralized location for radio repair.
1.28 Response: The event when a technician, a remote systems technologist or a remote
network specialist begins actively to work on the technical issue, remotely or on-site, as
determined by Motorola.
1.29 RestoreIRestorationlRestoral: 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.
1.30 Servicer: A Motorola Authorized Service Station or Motorola Field Service personnel.
1.31 Severity Level: The degree of adverse impact of an issue or Event.
1.32 Software: The software furnished with the System, including any Motorola Software
and Non-Motorola Software.
1.33 Software License Agreement: The agreement or portion of an agreement pursuant to
which Motorola licenses Software to Customer, including System Releases.
1.34 Special Product Feature: A Feature that is specially developed for Customer and which
contains a functionality that is unique to Customer.
1.35 Standard Business Day: Monday through Friday, 8:30 a.m. to 4:30 p.m., local time,
excluding Motorola holidays.
1.36 Standard Feature: A software functionality for components of Customer's System that is
available to Customer in the standard software release
1.37 Start Date: Effective start date as listed on the Agreement.
1.38 System: The communications system as defined in the Communications System
Agreement or other applicable Agreement.
1.39 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 pla~.
1.40 System Support Center (SSC): A Motorola facility which serves as Motorola's
centralized system support facility to compliment the field support resources
1.41 System Release: One software version release on a particular platform. ASTRO 25 6.3
example is where 6 is the platform indicator and .3 is software version release indicator.
1.42. 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.
1.43 Systemic: A recurring Software or hardware defect that significantly affects the
operation of the System.
1.44 Technical Support Operations (TSO): A centralized telephone support help desk that
provides technical support for Motorola customers who have purchased products from
Motorola (Networks & Enterprise) or who have a contract for technical support services.
1.45 Vendor: Any manufacturer (other than Motorola) or third party that services or repairs
Infrastructure or subscriber equipment
1.46 Verification: Contacting the appropriate designated person to verify the System is
operational (original problem resolved) and closing the Case.
1.47 Work-around: A change in the followed procedures or data supplied by Vendor to avoid
error without substantially impairing use of the Equipment.
1.48 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 10-31-2006
. IftItwOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party
Infrastructure as set forth in the applicable attached Exhibit(s), all of which are
hereby incorporated into this Statement of Work (SOW) by this reference.
Customer's System type determines which exhibit is applicable (i.e. SmartZone
system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to
the Component level, as applicable, at the Motorola Infrastructure Depot
Operations (IDO). At Motorola's discretion, select third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. If
Infrastructure is no longer supported by the original equipment manufacturer or
third party vendor, Motorola may replace Infrastructure with similar Infrastructure,
when possible.
When available, Motorola will provide Customer with an Advanced Replacement
unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s).
Non-standard configurations, Customer-modified Infrastructure and certain third
party Infrastructure are excluded from Advanced Replacement service.
Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to
IDO FRU inventory upon completion of repair. In cases where Advanced
Replacement is not available or when a Customer requires the exact serial number
to be returned, a FRU may be available on a Loaner basis.
The terms and conditions of this SOW are an integral part of Motorola's Service
Terms and Conditions or other applicable agreement to which it is attached and
made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Use commercially reasonable efforts to maintain an inventory of FRU.
2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon
request and subject to availability. The FRU will be of similar kit and version, and
will contain like boards and chips, as the Customer's malfunctioning
Infrastructure.
2.3. Program FRU to original operating parameters based on templates
provided by Customer as required in Section 3.5. If Customer template is not
provided or is not reasonably usable, a standard default template will be used.
2.4. Properly package and ship Advanced Replacement FRU from IDO's FRU
inventory to Customer specified address.
2.4.1. During normal operating hours of Monday through Friday
7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air
via Federal Express Priority Overnight or UPS Red, unless otherwise
requested. 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 IDa and the Customer will own the Advanced Replacement
FRU.
2.4.3. When sending a Loaner FRU to Customer, IDa 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 IDa. IDa will repair and return the Customer's
Infrastructure and will provide a return air bill for the customer to return
IDa'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.
2.8 Provide the following service on select third party Infrastructure:
2.8.1. Perform pre-diagnostic and repair services to confirm
Infrastructure malfunction and eliminate sending Infrastructure with no
trouble found (NTF) to third party vendor for repair, when applicable.
2.8.2. Ship malfunctioning Infrastructure to the original equipment
manufacturer or third party vendor for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer
or third party vendor for service.
2.8.4. Perform a post-test after repair by Motorola, original equipment
manufacturer, or third party vendor to confirm malfunctioning
Infrastructure has been repaired and functions properly in a Motorola
System configuration, when applicable.
2.9. Re-program repaired Infrastructure to original operating parameters based
on templates provided by Customer as required by Section 3.5. If Customer
template is not provided or is not reasonably usable, a standard default template
will be used. If IDa determines that the malfunctioning Infrastructure is due to a
Software defect, IDa 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 IDa FRU. Motorola will return
Customer's FRU(s) to IDa'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 (SSe) 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 IDa 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
IDa's FRU inventory, properly package Customer's malfunctioning Infrastructure
and ship the malfunctioning Infrastructure to IDa 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 Ifreceived, 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
ofInfrastructure as set forth in paragraph 2.3 and 2.9.
3.6 Cooperate with Motorola and perform all acts that are reasonable or
necessary to enable Motorola to provide the Infrastructure Repair with Advanced
Replacement services to Customer.
4.0 In addition to any exclusions named in Section 5 of the Service Terms and
Conditions or in any other underlying Agreement to which this SOW is attached, the
following items are excluded from Infrastructure Repair with Advanced Replacement:
1. All Infrastructure over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors,
cables, tone/ink cartridges.
5. Test equipment.
6. Racks, furniture and cabinets.
7. Firmware and/or Software upgrades.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contracts & Compliance 01-15-2004
. AlOFOROLA
Statement of Work
Local Infrastructure Repair
1.0 Description of Services
Local Infrastructure Repair is a repair service provided by the Servicer for Infrastructure named
on the Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure
may be sent to Motorola, original equipment manufacturer, third party vendor, or other facility for
repair.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's
Service Terms and Conditions or other applicable Agreement to which it is attached and made a
part thereof by this reference.
2.0 Motorola Servicer has the following responsibilities:
2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as
determined by Servicer. Any replaced FRU will be of a similar kit and version, and will
contain like boards and chips, as the Customer's malfunctioning FRU(s). Servicer is
responsible for travel costs to a Customer location to repair Infrastructure.
2.2. Perform the following on Motorola Infrastructure:
2.2.1. Perform an operational check on the Infrastructure to determine the nature of
the problem.
2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer.
2.2.3. Verify that Motorola Infrastructure is returned to Motorola manufactured
specifications.
2.3. Provide the following service on select third party Infrastructure
2.3.1. Perform pre-diagnostic and repair service to confirm Infrastructure malfunction
and eliminate sending Infrastructure with no trouble found (NTF) to third party
vendor for repair, when applicable.
2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or
third party vendor for repair service. Servicer is responsible for all shipping and
handling charges.
2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer
or third party vendor for service.
2.4. Re-program Infrastructure to original operating parameters based on templates provided
by Customer required by Section 3.2. If the Customer template is not provided or is not
reasonably usable, a standard default template will be used. The Servicer will provide
the standard template.
2.5. Notify the Customer upon completion of repair or replacement.
2.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified
address. Servicer will pay return shipping charges, ifbeing 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, ifknown.
3.2. Maintain and/or store backups of all applicable Software applications and Firmware for
reloading, if necessary by Servicer, after repair service is completed.
3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable
Motorola to provide Local Infrastructure Repair services to Customer.
Local Infrastructure Repair
Approved by Motorola Contracts & Compliance 01-15-2004
. AlO'rOllOLA
Statement of Work
SP - Subscriber Repair - Local
1.0 Description of Services
2.0 Motorola has the following responsibilities
3.0 Customer has the following responsibilities
. MOTOROLA
Statement of Work
Radio Repair
1.0 Description
Radio Repair provides component level service for the Equipment that is specifically named in the applicable
agreement to which this Statement of Work (SOW) is attached or any of the agreement's subsequent revisions.
Services are performed at the Radio Support Center (RSC) or Federal Technical Support Center.
In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is
attached, Radio Repair includes service on standard mobile palm microphones and single mobile control heads
provided that they are required for normal operation of the Equipment and are included at the point of
manufacture. Additional mobile control heads are covered only with purchase of the applicable service option.
Radio Repair excludes repairs to: optional accessories; non-standard mobile microphones; iDEN accessories;
iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile
extemal speakers; single and multiple unit portable chargers; batteries; mobile power and antenna cables;
mobile antennas; portable antennas, and power supplies. Optional accessories are serviced individually and are
not part of the Radio Repair. Engraving service is not covered under standard Radio Repair. New Equipment
purchases will only be added upon Customer request.
The terms and conditions of this Statement of Work are an integral part of the Motorola service agreement or
other applicable agreement to which it is attached and made a part thereof by this reference. If there are any
inconsistencies between the provisions of the Motorola service agreement or other applicable agreement and
this Statement of Work, the provisions of this Statement of Work shall prevail.
2.0 Motorola has the following responsibilities:
2.1 Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual (FM), and
Mine Hazard Safety Association (MHSA).
2.2 Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or
from a Customer supplied backup diskette. If the Customer template is not usable, a generic template or
code plug utilizing the latest Radio Service Software (RSS) or Customer Programming Software (CPS)
version for that Equipment will be used. The Equipment will require additional programming by the
Customer to restore the original template. All Firmware is upgraded to the latest release for each
individual product line.
2.3 Clean external housing of the Equipment. External components of unit will only be replaced when
functionality has been diminished.
2.4 Pay the outbound freight charges for next day shipping. Motorola will pay the inbound freight charges if
the Customer uses the Motorola designated delivery service.
2.5 Provide Customer with the Motorola repair request form and Inventory Adjustment Form (IAF).
2.6 Perform covered services as requested by Customer on the Motorola repair request form.
2.7 Process inventory adjustment requests received by email or fax from Customer. If the request is received
by email, Motorola will email an acknowledgement to the sender.
2.8 If applicable, notify Customer of changes in Motorola designated inventory adjustment email address or
fax number.
3.0 Customer has the following Responsibilities:
3.1 Supply Motorola complete and accurate serial numbers and model description.
3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound
shipping.
3.3 Access the Motorola repair request form and Inventory Adjustment Form (IAF) through Motorola On
Line.
Radio Repair
Approved by Contracts & Compliance 4-30-04
Page 1 of2
. 1II00000OLA
3.4 Initiate service request via Motorola On Line or complete a Motorola repair request form with contract
number referenced, and submit it with each unit of Equipment sent in for service. Mobile control heads or
accessory items sent in must reference the serial number of the main unit.
3.5 If desired, supply Motorola with a 3.5" backup diskette with the Software template or programming in
order to assist in returning the Equipment to original operating parameters. This step must be completed
for Equipment that will not power up. If applicable, record the current flashcode for each radio.
3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition,
Customer is responsible for any programming required to Restore Equipment to desired parameters.
3.7 Provide a signed or emailed Motorola Inventory Adjustment Form (lAF) for all Equipment additions.
Radio Repair
Approved by Contracts & Compliance 4-30-04
Page 2 of2
. IWOTOIIOJ.A
Statement of Work
SP - Local Repair with Onsite Response
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. I. 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:
2.2.1. Perfonn an operational check on the Equipment to detennine 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. I. 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 where applicable 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
3.1.
3.1.1.
3.1.2.
known.
3.2. Maintain and/or store backups of all applicable Software applications and Finnware 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.
Customer has the following responsibilities:
Contact Servicer and provide the following information:
Provide customer name, address of site location, and symptom of problem
Provide model description. model number. serial number, and type of System and Finnware version, if
1.0 Description of Service
DnSite 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) lassembly
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
3.1
3.2
3.3
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.
Customer has the following responsibilities:
Contact the Servicer when service is needed.
Contact the Servicer upon expiration of Response time goal.
Supply FRU or assembly a.~ needed in order for Motorola to Restore the equipment as set forth in paragraph
Service Terms and Conditions
Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer
named in this Agreement ("Customer"), hereby agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either
(1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a
Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the
Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In
interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over
any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment
specifically states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this 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 will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the
"Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other
document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's
then-applicable rates for such services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment
will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are
prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial
Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the
warranty for such additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which
Motorola receives such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous
environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola
may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase
the price to Service such Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in
a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other
than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards;
excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of
the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by such transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's
location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat,
light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will
not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available
twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for
each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within
twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes,
excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except
income, profit, and franchise taxes of Motorola) by any governmental entity.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period
of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty,
Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis,
the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Section 10 DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a
written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written
plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan
approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any
other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
Section 11 LIMITATION OF LIABILITY
This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for
personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort,
or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12)
months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF
SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL
LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS
AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon
an open account. This limitation of liability will survive the expiration or termination of this Agreement.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, 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 shall not affect its applicability. In no event shall either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such
purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of
both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are
signed by authorized representatives of both parties.
Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTEllECTUAL PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished
to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential,
and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or
as required by law, any such information or data to any person, or use such information or data itself for any purpose
other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the
expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at
any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide
Customer with access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license
under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created
as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
Commission or any other federal, state, or local government agency and for complying with all rules and regulations
required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any
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 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 control, be liable for any loss or damage to such property, and return it to Motorola upon request.
Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises
by Motorola at any time without restriction.
Section 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 operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material
shortages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this
Agreement.
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.
~
Page 1 / 1
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
~
VENDOR: 000110
MOTOROLA
13108 COLLECTION CENTER DRIVE
CHICAGO, IL 60693
SHIP TO: Ashland Fire Department
(541) 482-2770
455 SISKIYOU BLVD
ASHLAND, OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: FIRE & RESCUE
Contact: Keith Woodley
Confirming? No
Motorola Radio Service AQreement
Contract start date: 07/01/2007
Contract end date: 06/30/2007
Per attached aQreement date 04/13/2007
21,363.60
ar~(
?'V C) e---) ~ ( (, j ~c {{~ (jl"
~/ '-(- Vi:
, /
:p/C-1'tt4-f .d
\J I
C' ~ C;;' ( q-.
(~ 0 j d. 4" L
/
a'7'\.. cL
. /" '" t, (A_ (~~~..
(- u' f ( (K.. L-<
C~ '7 G ?- ?',' ,
c~ ~( /1. t{ (c- '7
ka YI
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
E 110.06.11.00.60350
E 110.07.12.00.60350
E 110.07.13.00.60350
E 675.08.17.00.60350
E 710.08.11.00.60350
11 981.64
4499.22
4 499.22
191.76
191.76
~ c::L .~ ?~?
Autho ed Signature
VENDOR COpy
,
CITY RECORDER'S COpy
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
r.,
J?O NUMBER-
07514
VENDOR: 000110
MOTOROLA
13108 COLLECTION CENTER DRIVE
CHICAGO, IL 60693
SHIP TO: Ashland Fire Department
(541) 482-2770
455 SISKIYOU BLVD
ASHLAND, OR 97520
FOB Point:
Tenns: Net 30 days
Req. Del. Date:
speclallnst:
Req. No.:
Dept.: POLICE
Contact: Keith Woodley
Confinning? No
,.'3,JJ
. ''Oe'l;ri'''tion
~
Motorola Radio Service AQreement
Contract start date: 07/01/2007
Contract end date: 06/30/2007
Per attached aQreement date 04/13/2007
21,363.60
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
21 36 .6
0.00
0.00
21,363.60
~l:~'t)iJnfNum!le,f!tI~~' ~erOjEtctN4nlber~"J!! ' r., ~ Amo'unf ",,' ."'1' , .Acco.lJ"iN4mblir~ If, ~Pr9jictNlJmber ~a '-l~'~' ,
. mQ!mt
E 1 10.06.1 1.04.603501 1 1 981.64
E 1 10.07.12.00.60350 4 499.22
E 1 10.07.13.00.60350 4 499.22
E 675.08.17,00.60350 191.76
E 710.08.1 1.00.60350 191.76
Lh( ~ized~~?
VENDOR COpy
A request for a Purchase Order
REQUISITION FORM
CI T'Y O,F
ASH'LA.ND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request:
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
MOTOROLA INC.
1307 EAST ALGONQUIN ROAD
SCHAMBERG, IL 60196
1-800-247-2346 or 1-847.;576-2438.
Fax: 1-847-5(6-8311
Fax. (541) 612-2014
SOLICITATION PROCESS
Small Procurement o Sole Source 0 Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Not required)
Cooperative Procurement 0 Reauest for Proposal
XX State of ORIWA contract (Copies on file)
Intermediate Procurement o Other government agency contract 0 Special f Exempt
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies attached) 0 Emeraency
0 Contract # 0 Written findings attached
Description of SERVICES
City of Ashland Motorola Radio Service Agreement Renewal
State 'of Oregon Contract Pricing. Contract # 27963.
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number .
Account Number: See Attachment For Account Distributions
. Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
xx Per attached Service Agreement
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature:
. SupervlsorlDept Head Signature: r~l.-/-- U ~r
G: Finance\ProcedurelAPlForrnslRequisition 2007 Motorola Radio Contract,doc
4/24/2007
Updated on: