2016-29479 Reso RESOLUTION NO. 2016-29479
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE EXTENSION OF A
COMMUNICATIONS SYSTEM AGREEMENT, AND ALL EXHIBITS THERETO,
WITH MOTOROLA SOLUTIONS INC. IN THE AMOUNT OF $335,443 FOR A
TERM OF ONE YEAR TO MAINTAIN A CONTINUITY OF SERVICE OF THE 800
MHZ PUBLIC SAFETY RADIO SYSTEM.
WHEREAS, On July 19, 2000, the City of Miami Beach's ("City") Information Technology
Department informed the City Commission via a Letter to Commission (LTC No. 133-2000)that the
City's radio system coverage was progressively worsening as new, more dense buildings were
being erected and therefore the Public Safety Radio System needed to be upgraded to the most up-
to-date digital technology; and
WHEREAS, on December 20, 2000,the Mayor and City Commission authorized a Technical
Service Agreement with RCC/Omnicon, Inc. (RCC Consultants, Inc.)to review, analyze and report
on the proposed Motorola upgrade; and
WHEREAS, RCC Consultants provided a final report that addressed major issues involved in
the proposed radio system upgrade and gave recommendations on how the City should proceed;
and
WHEREAS, as a result of that report, on July 18, 2001, and pursuant to Resolution No.
2001-24537, the City Commission authorized the Administration to waive the competitive bidding
process by 5/7ths vote and negotiate a contract with Motorola, Ericsson, or any other public safety
radio system provider as determined by the City of Miami Beach, to replace the existing City of
Miami Beach 800 MHz Analog Radio System; and
WHEREAS, on April 30, 2003, the City entered into a Communications Service agreement
with Motorola for purchase, Installation and maintenance services for a Public Safety Radio system
(the "Agreement"); and
WHEREAS, Motorola has manufactured and maintained the City of Miami Beach 800 MHz
SmartZone Public Safety radio system since the original purchase and most of the installed
equipment and software contains proprietary and other protected design aspects which are only
known to Motorola; and
WHEREAS, the City's current Motorola Solutions Services Agreement will expire on
September 30, 2016; and
WHEREAS,the City's Department of Emergency Management desires to exercise its rights
under Section 17.6 of the Agreement, in order to extend the Agreement for a period of 12 months.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission
hereby approve the extension of the City's Motorola Service Agreement for a period of 12 months in
the total amount of$335,443, in order to maintain continuity of service of the 800 MHz Public Safety
Radio System.
PASSED AND ADOPTED this 13 day of "Al , 2016.
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Philip.Levine
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T:'AGENDA22016Wuly\Emergency Management\Resolution 2016-29479 Motorola Contract Extension.doc
1
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wwN.miamibeachfl.gov
COMMISSIO MEMORANDUM
TO: Mayor Philip Levine and Member of the City Co miss
FROM: Jimmy Morales, City Manager
DATE: July 1, 2016
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE EXTENSION OF A COMMUNICATIONS
SYSTEM AGREEMENT, AND ALL EXHIBITS THERETO, WITH MOTOROLA IN THE
AMOUNT OF $335,443 FOR A TERM OF ONE YEAR TO MAINTAIN A CONTINUITY OF
SERVICE OF THE 800 MHZ PUBLIC SAFETY RADIO SYSTEM.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
July 19, 2000, the City's Information Technology Department advised the Administration and the City
Commission via a Letter to Commission, LTC No. 133-2000, that the City's radio system coverage
was getting progressively worse as new, more dense buildings were being erected and therefore the
Public Safety Radio System needed to be upgraded to the most up-to-date digital technology.
Subsequent to that, on December 20, 2000, the City Commission authorized a Technical Services
Agreement with RCC/Omnicom, Inc. (RCC Consultants, Inc.) to review, analyze and report on the
proposed Motorola upgrade. RCC Consultants, Inc. provided a final report that addressed major
issues involved in the proposed radio system upgrade and gave recommendations on how the City
should proceed.
As a result of this report, on July 18, 2001, the City Commission authorized the Administration to
waive the competitive bidding process by 5/7ths vote, and negotiate a contract with Motorola,
Ericsson, or any other public safety radio system provider, as determined by the City of Miami
Beach, to replace the existing City of Miami Beach 800 MHz Analog Radio System.
CURRENT STATUS
Over the past ten years, Motorola Solutions, Inc. has maintained the City of Miami Beach's
SmartZone Public Safety radio system. The cooperation between the system users and Motorola
has resulted in a Public Safety Radio System that has historically provided reliable public safety and
public service communications to the City of Miami Beach.
The 800 MHz Public Safety Radio System was manufactured installed and has been continuously
maintained by Motorola since the original purchase. Most of the installed equipment contains
Agenda Item C 1 a
Date 7-1.3 -f6
City Commission Memorandum—Motorola Service Agreement Extension
July 13, 2016
Page 2 of 2
proprietary and other protected design aspects, which are only known to Motorola. The proprietary
nature of the system is also related to the software that drives the system and is critical to its
performance.
Motorola as the manufacturer and long term service provider as well as their operational familiarity
with the network and associated equipment, enable them to provide the highest level of service and
responsiveness. And due to strict licensing controls, some communication encryption technology
used in the system requires special handing and repair measures. Therefore, for continuity of
service, the Emergency Management Department would like to exercise their option to extend the
existing service agreement another twelve months under the same terms and pricing.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments:
Services Agreement
Maintenance Contract Extension Agreement
JLIV�fCRF
F:IEMGT\$ALL1105 Director's Office\EM Memos\Motorola Commission Memo.doc
MOTOROLA SOLUTIONS SERVICES AGREEMENT
Attn:National Service Support/4th/i Contract Number: S00001006123
1301 East Algonquin Road Contract Modifier: RN 12-APR-16 15:45:27
(800) 247-2346
Date: 04/14/2016
Company Name: Miami Beach, City Of Required P.O.: No
Attn: BARBIE PAREDES BELLO Customer# : 1000200262
Billing Address: 2310 Pinetree Dr 3rd Floor Bill to Tag # : 0042
City, State, Zip: Miami Beach,FL,33140 Contract Start Date: 10/01/2016
Customer Contact: Steve Sawicki Contract End Date: 09/30/2017
Phone: (305)673-7000 Ext.3799 Anniversary Day: Sep 30th
Payment Cycle: MONTHLY
PO # :
QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED
EXT AMT
Total Services $27,953.53 $335,442.96
SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services
STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Subtotal - One-Time Event
Services
Total $27,953.58 $335,442.96
Taxes - -
TOTAL SERVICES INCLUDE:DISPATCH Grand Total
SERVICE,TECHNICAL SUPPORT, $27,953.58 $335,442.96
INFRASTRUCTURE REPAIR WITH ADVANCED THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
REPLACEMENT,ON SITE INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA.
RESPONSE-PREMIER, NETWORK
MONITORING AND NETWORK PREVENTATIVE
MAINTENANCE.
MOTOROLA WILL PROVIDE COMMERCIALLY
REASONABLE EFFORTS ON END OF LIFE
EQUIPMENT DEPENDENT UPON PARTS
AVAILABILITY.
—*The prices quoted via this service contract
renewal are valid only until expiration of the current
service contract. If Customer does not provide to
MSI a valid,executed contract renewal and hard
copy Purchase Order within 30 days of contract
expiration,a one-time administrative fee equal to
5%of the subsequent years annual contract rate
will be billed to the City of Miami Beach upon
reestablishment of the expired service contract.
Price with 5%Administration fee once delinquent=
$16,772.15—
Subcontractor(s) City State
MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL
N
MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL
MOTOROLA SYSTEM SUPPORT SCHAUMBU IL
CENTER-NETWORK MGMT D0067 RG
MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL
CENTER D0066 RG
1
MOTOROLA SYSTEM SCHAUMBU IL
SUPPORT-TECHNICAL SUPPORT D0068 RG
CONTROL COMMUNICATIONS DAVIE FL
I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms
and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
CUSTOMER (PRINT NAME)
MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE
Cindee Markes 954-723-4718
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name: Miami Beach, City Of ,
Contract Number: S00001006123
Contract Modifier: RN 12-APR-16 15:45:27
Contract Start Date: 10/01/2016 •
Contract End Date: 09/30/2017
2
Customer: Miami Beach, City of Effective: 10/1/2016
Contract Number: S00001006123
System Description
1 Master Site
1 Prime Site
4 Remote Sites
10 Channel
3 Dispatch Centers (PD, Parking, EOC)
2 Microwave Only Sites (first escelon only)
1 FHAS Site ID (for Dispatching shop only)
Qty Equipment Description
33 Quantar Repeaters
10 AstroTac Comparators
2 MTC3600 Prime Site Controllers
4 MTC3600 Remote Site Controllers
1 MTR2000 VHF Base Station
7 TeNsr Channel Banks
5 Trak GPS Clocks
8 MC3000 Deskset Remotes
11 Gold Elite Consoles (8 PD, 2 EOC,1 Parking)
All subscribers, microwave and FHAS repair is removed
3
Service Terms and Conditions
Motorola Solutions Inc.("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:
Section 1. APPLICABILITY
These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer
either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under
a Motorola Installation Agreement.
Section 2. DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement
or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this
reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and
Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the
cover page or attachment states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this
Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described in this
Agreement.
Section 3. ACCEPTANCE
Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement
begins on the "Start Date" indicated in this Agreement.
Section 4. SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other
document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola'
s then-applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the
Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that
are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial
Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the
warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the
Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which
Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous
environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason,
Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or
increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's
notification in a manner consistent with the level of Service purchased as indicated in this Agreement.
Section 5. EXCLUDED SERVICES
5:1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in
other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry
4
standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure
events.
•
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation
of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web,
or for Equipment malfunction caused by the transmission medium.
Section 6. TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When f./lotorola performs service at Customers
location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat,
light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors
will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services.
Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding
weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably
incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
Section 7. CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available
twenty-four(24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to
maintain contact, as needed, with Motorola.
Section 8. PAYMENT
Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each
payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within
twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise
taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except
income, profit, and franchise taxes of Motorola)by any governmental entity.
Section 9.WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period
of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this
warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a
pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10. DEFAULT/TERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a
written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a
written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately
after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in
addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a
written notice of termination to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.
Section 11. LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of
twelve (12)months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR
SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED
5
TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT
TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this
Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an
open account. This limitation of liability will survive the expiration or termination of this Agreement and applies
notwithstanding any contrary provision.
Section 12. EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties,
whether written or oral, related to the Services, and there are no agreements or representations concerning the subject
matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by
a written agreement signed by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,
however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be
bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase
order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties
to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by
authorized representatives of both parties.
Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise
furnished to Customer under this Agreement will remain Motorolas property, will be deemed proprietary, will be kept
confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written
permission or as required by law, any confidential information or data to any person, or use confidential information or
data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section
survive the expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time
by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with
access to its confidential and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license
under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property
created as a result of or related to the Equipment sold or Services performed under this Agreement.
Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
Commission or any other federal, state, or local government agency and for complying with all rules and regulations
required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer
in any governmental matters.
Section 15. COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage
on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its
subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of
Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found
to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
Section 16. MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose
of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in
Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request.
This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises
by Motorola at any time without restriction.
Section 17. GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force
and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State
6
in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that partys
reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this
Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder
without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted
assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola
may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In
addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of
a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior
written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to
benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the
Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY
OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR
ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT
LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in
effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those
services on a time and materials basis at Motorolas then effective hourly rates.
17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the
Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic
signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and
admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement
shall be treated as and shall have the same effect as an original signed copy of this document.
Revised Oct 15, 2015
7
M. MOTOROLA SOLUTIONS
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Motorola will provide Network Monitoring., Dispatch Service and OnSite Infrastructure Response services to the
Customer. These services are applicable only for die following system types: ASTRO®, ASTRO® 25, ARC 4000,
SmartZone®/OmniLink® v2.0.3 and higher. Smart Net®, Private Data (with a wireless network gateway) v2.0.3 and
higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral
part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this
SOW is appended and made a part thereof by this reference.
1.0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as
set forth in the Monitored Elements Table. When the Motorola System Support Center(SSC) detects an Event, trained
technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer
profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further
development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the
Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions
Table and Response times set forth in the On-Site Response Time Table in order to Restore the System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until
System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to
close through an automated Case tracking process.
2.0 Motorola Responsibilities:
2.I Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO
and ASTR025, SmartZone/OmniLink, Private Data, and Harmony Wireless Communications network
types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO
and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment,the
type equipment and location installed is listed in the Motorola Owned& Supplied Equipment Table.
2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet
System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment
and location installed is listed in the Motorola Owned&Supplied Equipment Table.
2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.5 Continuously receive data from Customer monitored System and Customer initiated service requests.
2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.7 Create a Case as necessary when service requests are received. Gather information to perform the following:
2.7.1 Characterize the issue
2.7.2 Determine a plan of action
2.7.3 Assign and track the Case to resolution.
2.8 Dispatch a Servicer,as required,by Motorola standard procedures and provide necessary Case
information collected in section 2.7
2.9 Ensure the required personnel have access to Customer information as needed.
2.10 Disable and enable System devices,as necessary, for Servicers.
2.I I Servicer will perform the following on-site:
2.11.I Run diagnostics on the Infrastructure or FRU.
2.1 1.2 Replace defective Infrastructure or FRU,as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.1 1.3 Provide materials, tools, documentation, physical planning manuals,diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2.1 1.4 If a third party Vendor is needed to restore the System,the Servicer may accompany that Vendor
onto the Customer's premises.
8
2.12 Verify with Customer that Restoration is complete or System is functional, if required by
Customer's repair Verification preference described in the Customer Support Plan required by section 3.5.
If Verification by Customer cannot be completed within 20 minutes of Restoration. the Case will be closed
and the Servicer will be released.
2.13 Escalate the Case to the appropriate party upon expiration of a Response time.
2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5
at the following Case levels
2.15.1 Open and closed; or
2.15.2 Open,assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.I6 Provide the following reports, as applicable:
2.16.1 Case activity reports to Customer.
2.16.2 Network Monitoring Service reports for Customer System(s).
2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/OmniLink, and
Private Data Systems only.
2.17 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer
managed passwords required for proper access to the Customer's System.
2.13 Apply additional support charges above and beyond the contracted service agreements that may apply if it
is determined that System faults were caused by the Customer making changes to critical System parameters.
3.0 Customer Responsibilities:
3.1 Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for
SNMP traps (outbound)and ZDS polling(inbound). Also provide continuous utility service to any
Motorola equipment installed or utilized at Customer's premises to support delivery of the Service.
3.3 Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types.
The Connectivity Matrix set forth in Appendix I, further describes the Connectivity options.
3.4 Unless otherwise specified,Motorola recommends a private network connection for all other Systems.
The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options.
3.5 Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary
to complete Customer Support Plan.
3.5.1 Case notification preferences and procedure
3.5.2 Repair Verification Preference and procedure
3.5.3 Database and escalation procedure forms.
3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.6 Provide the following information when initiating a service request:
3.6.1 Assigned System ID number
3.6.2 Problem description and site location
3.6.2 Other pertinent information requested by Motorola to open a Case.
3.7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity
that impacts the System may include, but is not limited to, installing software or hardware upgrades,
performing upgrades to the network,or taking down part of the system to perform maintenance.)
3.8 Allow Servicers access to Equipment(including any Connectivity or monitoring equipment)if remote service
is not possible.
3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service.
3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth
in paragraph 2.12.2
3.1 I Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.12 Maintain and store in an easily accessible location proper System backups.
3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair
Verification Preference provided by Customer in accordance with section 3.5.
3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it
is determined that System faults were caused by the Customer making changes to critical System parameters
3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the services described in this SOW.
9
Severity Definitions Table
Severity Level Problem Types
Severity 1 1. Response is provided Continuously
2. Major System failure
3. 33%of System down
4.33%of Site channels down
5. Site Environment alarms(smoke, access, temp. AC power)as determined by the SSC.
6. This level is meant to represent a major issue that results in an unusable system,
sub-system. Product,or critical features from the Customer's perspective. No
Work-around or immediate solution is available.
Severity 2 1. Response during Standard Business Day
2. Significant System Impairment not to exceed 33%of system down
3. System problems presently being monitored
4. This level is meant to represent a moderate issue that limits a Customer's normal use
of the system, sub-system, product,or major non-critical features from a
Customer's perspective
Severity 3 1. Response during Standard Business Day
2. Intermittent system issues
3. Information questions
4. Upgrades/preventative maintenance
5. This level is meant to represent a minor issue that does not preclude use of the
system, sub-system,product,or critical features from a Customer's perspective. It
may also represent a cosmetic issue,including documentation errors,general
usage questions,recommendations for product enhancements or modifications,
and scheduled events such as preventative maintenance or product/system upgrades.
On-Site Response Time Table (Customer's Response Time Classification is designated in the Service
Agreement).
Severity Level Premier Restoral Off Deferral
Response Time
Severity 1 Within 2 hours from receipt of Notification 8 Hours Time provided
Continuously by Servicer*
Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided
Standard Business Day by Servicer*
Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided
Standard Business Day by Servicer*
• Please note these are Standard Commitment times. The commitment times should be based on
the Customers Support Plan.
• Provide update before the specific contractual commitments come due.
* Note: Provide update to System Support Center before Deferral time comes due.
Appendix 1
Connectivity Matrix
System Type Connectivity Responsibility
Astro 25 T1 Motorola
SmartZone/OmniLink v3.5 and below 256K Motorola
SmartZone/OmniLink v4 and above 5I2K Motorola
Private Data 256K Motorola
ARC 4000 TI or VPN Motorola
MESH TI or VPN Motorola
Harmony T I Motorola
10
NlotoBridge TI or VPN Motorola
Smart Net Dial-up Customer
Private Network Connection Public Internet Connection
IP VPN IP VPN
(All Customers) (Option Available only to Customers outside of
the US)
Standard solution for real time Connectivity Non Standard solution for Connectivity
Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor
monitor Customers Customers
Protected from unauthorized intrusion Low risk of unauthorized intrusion
Encryption available Encryption is required
Connectivity available through Motorola Customer provides Connectivity to the internet via
an internet service provider selected by Customer.
Motorola Owned & Supplied Equipment Table
Equipment Type Location Installed
Firewall/Router Master Site
System Support Server Master Site for each Zone
Monitored Elements Table(Listed by technology)
System Type Equipment
11
APt MOTOROLA SOLUTIONS
Statement of `York
Infrastructure Repair with Advanced Replacement
I.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.I 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.
,.4.I 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 IDO and the Customer will own the Advanced
replacement FRU.
2.4.3 When sending a Loaner FRU to Customer, IDO will not provide a return air bill for
the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping
the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's
Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU.
2.i 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.
12
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.
2.3 Provide the following service on select third party Infrastructure:
2.3.1 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.
2.3.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service,when applicable.
2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor
for service.
2.8.4 Perform a post-test after repair by Motorola,original equipment manufacturer,or third
party vendor to confirm malfunctioning Infrastructure has been repaired and functions
properly in a Motorola System configuration,when applicable.
2.9 Re-program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable,
a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to
a Software defect, IDO reserves the right to reload Infrastructure with a similar Software
version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer
unless the Customer has a Motorola Software Subscription agreement.
2.10 Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with
an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair.
2.1 1 Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth
in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or
carrier programs,such as NFO(next flight out). In such cases,Customer will be subject to shipping
and handling charges.
3.0 Customer has the following responsibilities:
3.1 Contact or instruct Servicer to contact the Motorola System Support Center(SSC)and request an
Advanced Replacement,or Loaner FRU and a return authorization number(necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1 Provide model description,model number,serial number,type of System and Firmware
version,symptom of problem and address of site location for FRU or Infrastructure.
3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected
to physical damage or lightning damage.
3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and
Software applications from Infrastructure being sent in for service.
3.1.4 Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4.1.
3.3 Within five(5)days of receipt of the Advanced Replacement FRU from IDO's FRU inventory,
properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to
IDO for evaluation and repair as set forth in 2.7.Customer must send the return air bill, referenced in
2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will
be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For
Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance,properly
package Infrastructure and ship the malfunctioning FRU,at Customer's expense and risk of'loss to
Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU
to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print
the return authorization number on the outside of the packaging.
3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five(5)
days of receipt of Customer's repaired FRU.
3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set
forth in paragraph 2.3 and 2.9.
3.6 For Digital In-Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in
13
for repair. Video retrieval is a separate service and is not included as part of this SOW.Additional
services and fee applies.
3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Infrastructure Repair with Advanced Replacement services to Customer.
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:
I. All infrastructure over seven (7)years from product cancellation date.
2. All Broadband/WiNS Infrastructure three(3)years from product cancellation date.
3. Physically damaged Infrastructure.
4. Third party Equipment not shipped by Motorola.
5. Consumable items including, but not limited to batteries, connectors, cables. tone/ink cartridges.
6. Video retrieval from Digital In-Car Video equipment
7. Test equipment.
S. Racks,furniture and cabinets.
9. Firmware and/or Software upgrades.
SmartZone System Infrastructure Inclusions,Exclusions,Exceptions and Notes
Exhibit
Antenna Systems Excludes all Equipment such as bi-directional amplifiers,multicouplers,
combiners,tower top pre-amplifiers,antennas,cables,towers,tower
lighting, and transmission lines.
Base Station(s)and Repeater(s) Includes: Quantar, Quantro, Digital, MTR2000 ONLY.
Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub
Excludes all other technologies
see SOW specifically for NICE logging recorders
Channel Bank(s) Includes Premisys and Telco
Excludes Siemens
Comparator(s) Includes Spectratac, Digitac,and ASTRO-tac Comparators
Computer(s) Includes computers(Pentium I, II, III, IV)that directly interface with or
control the communications System, including Systemwatch II,
keyboards,mice and trackballs.
Excludes laptop computers and all 286,386,486 computers,defective or
phosphor-burned cathode ray tubes CRT(s)and burned-in flat panel
display image retention.
Console(s) Includes Centracom Gold Elite, MCC7500, ivICC5500, MIP5000 as part
of complete communication System including headset jacks,dual
footswitches,and gooseneck microphones.
Excludes cables
Controller(s)-Trunking Includes SmartNet II prime and remote controllers.
Excludes SSMT and SCMS controllers.
14
Dictaphones, Logging Recorders and Excludes all technologies
Recording Equipment see SOW specifically for NICE logging recorders
Digital Interface Unit(s) Included
Digital Signaling Modem(s) Included upon modem model availability
Digital Voice Modem(s) Included upon modem model availability
Embassy Switch Includes AEB. AIMI.ZAMBI, AMB
Management Terminals Includes computers (Pentium I, II, III, IV)that directly interface with or
control the communications System, including Systemwatch 11.
Excludes laptop computers and all 286,386,486 computers.
MBEX(s)or NOVA Interconnect Included
Microwave Equipment. Excluded from service agreement but may be repaired on an above
contract, time and material basis. All Equipment must be shipped to
IDO.
Excludes any on-site services.
Monitor(s) Includes all Motorola certified monitors connected to computers that
directly interface with or control the communications System.
Excludes defective or phosphor-burned cathode ray tubes CRT(s)and
burned-in flat panel displays image retention as well as monitors that
were not shipped by Motorola and/or cannot be confirmed by a Motorola
factory order number.
Moscad Includes NFM(Network Fault Management), as part of communication
System only. Standalone MOSCAD and System Control and Data
Acquisition(SCADA)must be quoted separately. Includes FSA4000.
Excludes all other fire alarming systems. _
Motobridge Included
Network Fault Management Includes Full Vision
Excludes NMC
Printer(s) Includes printers that directly interface with the communications System.
RAS(s) Excludes RAS 1100, 1 101 and 1102
Receiver(s) Includes Quantar and MTR2000,ASTRO-TAC Receivers
Simulcast Distribution Amplifier(s) Included
Site Frequency Standard(s) Includes Rubidium,GPS and Netclocks systems sold with the Motorola
System.
Excludes MFS-Rubidium Standard Network Time and Frequency
devices
Universal Simulcast Controller Included
Interface(s)
UPS Systems. Excluded from service agreements but may be repaired on an above
contract,time and material basis. All UPS Systems must be shipped to
IDO for repair.
Excludes batteries and any on-site services.
Zone Manager Excludes HP715/33, HP 715/50 servers.
Excludes x-terminals NDS14C and NDS 17C
Zone Controller(s) Includes console terminals.
Excludes all Sun/IMP hard drives except TLN3495A 0820 I GB drive as
well as the following SUN/IMP CPUSET's: TLN3278B 0406,
TLN3343A 0424 and TLN3278A 0181/0389.
Approved by Contract and Compliance 11/20/09
15
MOTOROLA SOLUTIONS
Statement of `York
Technical Support Overview
Nlotorolas Technical Support service provides telephone consultation for technical issues that require a high level of
ASTRO network expertise and troubleshooting capabilities. Remote Technical Support is delivered through the Motorola
System Support Center(SSC) by a staff of technical support specialists skilled in diagnosis and swift resolution of
infrastructure performance and operational issues. Technical Support provides access to a solutions database,as well as
access to in house test labs and additional Motorola technical resources
Motorola applies industry best practices in recording, monitoring,escalating and reporting for Technical Support calls from
its contracted customers, reflecting the importance of maintaining mission critical systems.
The terms and conditions of this Statement of Work (SOW)are an integral part of Motorola's Service Agreement or other
applicable agreement to which it is attached and made a part thereof by this reference.
1.0 Description of Technical Support Services
Motorolas System Support Center(SSC)will provide technical support to assist the customers technical resources of the
Motorolas currently supported infrastructure. This team of highly skilled professionals is available to the customer as an
integrated part of the support and technical issue resolution process. The SSC remotely supports the customer and works
with but not limited to fault diagnostics tools,simulation networks and fault database search engines.
The Technical Support Operations is available 24 hours a day; 7 days per week to support technical requests(see severity
level response time commitments).Calls requiring incidents,problems,or service requests will be logged in Motorolas
issue management system. This ensures that technical issues are prioritized, updated,tracked and escalated as necessary,
until resolution. The Technical Support Operations shall assign the priority level as in accordance with the agreed Severity
Level Definitions stated in this document.
Motorola will track the progress of each case from initial logging to resolution. Motorola will ensure that the customer is
advised of the case progress and informed of tasks that require further investigation and assistance from the customers
technical resources
The provision of this service requires that the customer provides a suitably trained technical resource that delivers
maintenance and support to the system,and who is familiar with the operation of that system. Motorola provides technical
consultants to support the local resource in the timely closure of infrastructure,performance and operational issues.
1.1 Scope
Technical Support service is available 24 hours a day, 7 days a week based on Severity Level Definitions.
1.2 Geographic Availability
Technical Support is available to any customer regardless of their geographic location and timeframes are based on the
customer's local time zone.
1.3 Inclusions
Technical Support service will be delivered on Motorola sold infrastructure including integrated 3rd party products.
1.4 Limitations and Exclusions
The following activities are outside the scope of the Technical Support service, but are optional services that are available
to remote Technical Support customers at an additional cost:
1.4.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC
working remotely with the local customer technical resource.
1.4.2 Third party support for equipment not sold by Motorola as part of the original system.
1.4.3 System installations, upgrades,and expansions.
1.4.4 Customer training.
1.4.5 Hardware repair and/or exchange.
16
1.4.6 Network security services.
I.4.7 Network transport.
1.4.8 Information Assurance.
I.4.9 Motorola services not included in this statement of work.
1.4.10 Any technical support required as a result of a virus or unwanted intrusion is excluded if the system is
not protected against these security threats by N•lotorolas Pre-tested Security Update Service when
applicable.
1.5 Motorola has the following responsibilities:
1.5.1 Enable customer access to the Motorola Technical Support Center(800-221-7144), 24 hours a day. 7
days per week,to answer, document and respond to requests for support.
1.5.2 Respond to requests for Technical Support in accordance with the response times set forth in the
Severity Level Response Time Commitments section of this document and the severity level defined
in the Severity Level Definitions section of this document.
1.5.3 Advise caller of procedure for determining any additional requirements, activities or information
relating to issue restoration and/or characterization.
1.5.4 Maintain communication with the customer in the field as needed until resolution of the case
1.5.5 Coordinate technical resolutions with agreed upon third party vendors, as needed.
1.5.6 Escalate and manage support issues, including systemic issues, to additional Motorola technical
resources, as applicable.
1.5.7 Escalate the case to the appropriate party upon expiration of a response time.
1.5.8 Determine, in its sole discretion, when a case requires more than the Technical Support services
described in this SOW and notify customer of an alternative course of action.
1.6 The Customer has the following responsibilities:
1.6.1 Provide Motorola with pre-defined information prior to contract start date necessary to complete
Customer Support Plan(CSP).
1.6.2 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer
Support Manager(CSM).
1.6.3 Contact the SSC in order to engage the Technical Support service, providing the necessary
information for proper entitlement services. Including but not limited to the name of contact, name of
customer, system ID number, site(s) in question, and brief description of the problem including
pertinent information for initial issue characterization.
1.6.4 Maintain suitable trained technical resources that provide field maintenance and technical
maintenance services to the system,and who are familiar with the operation of that system.
1.6.5 Provide SSC access via the remote connection that has been established through other sold services
(e.g.Network Fault Monitoring)
1.6.6 Supply suitably skilled and trained on-site presence when requested by the SSC.
1.6.7 Validate issue resolution prior to close of the case in a timely manner.
1.6.8 Acknowledge that cases will be handled in accordance with the times and priorities as defined in the
Severity Level Definitions and in the Severity Level Response Time Commitments section in this
document.
1.6.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Technical Support service.
1.7 Severity Level Definitions
The following severity level definitions will be used to determine the maximum response times:
17
Severity
Severity Definition
Level
Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice
functionality and no work-around or immediate solution is available.
The following are examples of this kind of failure:
• 33%of call processing resources impaired
• Site Environment alarms:
o Smoke,
o Unauthorized access
o Temperature
o Power failure
Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in
capacity or functionality of core services (core services include, voice, data or network
management).
The following are examples of this kind of failure:
• Less than 33%of call processing resources impaired
• Failure of a single redundant component
Severity 3 This is defined as a fault which reduces the functionality, efficiency or usability of core
services (voice, data and network management)and there is a viable work-around in
place.
The following are examples of this kind of severity:
• Intermittent faults that are infrequent and minor impact to core services
• Statistical reporting problems
Severity 4 This is defined as a minor issue, which has little or no impact on the functionality,
efficiency or usability of core services. The following are examples of this kind of
severity:
• Faults resulting in minor functions or features being unsupported or
unreliable in ways that are not noticeable to the user.
• Faults that have no impact in how the user perceives the system to work.
• Cosmetic issues.
• Requests for information.
• Preventive Maintenance
2.1 Severity Level Response Time Commitments
The response times are based on the defined severity levels as follows:
Severity Level Response Time
Severity I I A Motorola SSC Technician will make contact with the customer technical
representative within one hour of the request for support being logged in the
issue management system. Continual effort will be maintained to restore the
18
system or provide.a workaround resolution. Response provided 24 x 7.
Severity 2 A Motorola SSC Technician will make contact with the customer technical
representative within four hours of the request for support being logged at the
issue management system. Response provided 8 x 5 on standard business days,
which is normally Monday through Friday SAM to 5PM, excluding US
Holidays.
Severity 3 A Motorola SSC Technician will make contact with the customer technical
representative within the next business day of the request for support being
logged at the issue management system. Response provided 8 x 5 on standard
business days, which is normally Monday through Friday 8AM to 5PM,
excluding US Holidays.
Severity 4 A Motorola SSC Technician will make contact with the customer technical
representative within the next business day of the request for support being
logged at the issue management system. Response provided 8 x 5 on standard
business days, which is normally Monday through Friday 8AM to 5PM.
excluding US Holidays.
19
MOTOROLA SOLUTIONS
Statement of `York
Network Preventative Maintenance
I.0 Description of Service
Network Preventative Maintenance will provide an operational test and alignment,on the Customer's
Infrastructure Equipment(infrastructure or fixed network equipment only)to ensure the Infrastructure meets
original manufacturer's specifications, as set forth in the applicable attached Exhibit(s), all of which are
•
hereby incorporated by this reference. Customer's System type determines which Exhibit is applicable(i.e.
SmartZone system exhibit, SmartNet system exhibit). Network Preventative Maintenance will be performed
during Standard Business Days. If the System or Customer requirements dictate this service must occur outside
of Standard Business Days, Motorola will provide an additional quotation. Customer is responsible for any
charges associated with helicopter or other unusual access requirements or expenses.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or
other applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Notify the Customer of any possible System downtime needed to perform this service.
2.2 Physically inspect the Infrastructure Equipment in the system(equipment cabinets,general circuitry,
fault indicators,cables,and connections).
2.3 Remove any dust,and/or foreign substances from the Infrastructure.
2.4 Clean filters, if applicable.
2.5 Measure,record,align,adjust the Infrastructure Equipment parameters in accordance with the
manufacturer's service manuals and the Rules and Regulations of the Federal Communications
Commission(FCC),where applicable.
3.0 Customer has the following responsibilities:
3.1 Provide preferred schedule for Network Preventative Maintenance to Motorola.
3.2 Authorize and acknowledge any scheduled System downtime.
3.3 Maintain periodic backup of databases, Software applications and Firmware.
3.4 Establish and maintain a suitable environment(heat, light, and power) for the Equipment location and
provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services.
All sites shall be accessible by standard service vehicles.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide
the Network Preventative Maintenance services to Customer.
SmartZone-Network Preventative Maintenance Checklist
•
20
SmartZONE Infrastructure: Operational:Check(«here'applicable)
Repeater(s).Control Station(s) Transmitter modulation
RF power output/reflected
RF Frequency Measured/adjusted
Receiver Sensitivity Measured/Adjusted
Power Supply voltages
Audio Input& Output Level _
Check Low Speed Data
Combiners& Circulator Loss
Receiver Desense(Full Duplex Only)
Consoles Positions/Remotes Audio Input& Output Level
Ethernet Operation
CEB Power Supply Voltage, and AC Ripple
Switches. Lights, CRT
CEB Signal Levels
Wiring and Grounding for each Position
CEB Diagnostics
Check and Clean keyboards,CPU. CRT's
Central Controllers. DIGITAC Comparators Central Controller and Power Supplies
T Bar Switched
Simulcast Controller
Simulcast Remote Controller
Distribution Amp
DIGITAC Comparator
Receiver Multi-Couplers and Tower Mounted
Amplifier
Check for receiver to Comparator audio path.
Check for proper audio to Status Tone ratio
Confirm that all Receiver RX Notch Filters are
either N or OUT
GPS Roll to Redundant Receive Reference Module
Check Frequency Standards
Check Power Supply Voltages
Site Equipment Audio Network Analyzer
Baseline Database Server
System Manager Terminal
Site Test/System Calibration Equipment
Power Check Diagnostics/Alarms
UPS AC/DC Voltages/Batteries
Generator Switch-Over Operations
AC to DC Power Unit(RF equipment)
All Equipment Switch to Generator Power
Switch to Battery Power
Check Diagnostics/Alarms
Other Equipment Check all system printers
Check all modems for proper levels&
synchronization
MBX/Other telco interface common equipment
Approved by Motorola Contracts& Compliance: 1/28/08
21
•
•
Exhibit C
Maintenance Agreement
•
•
•
•
•
•
•
•
Maintenance Agreement.City of Miami Beach
Motorola Contract No.-02-199333
4.6. After the 10 year serviceability period, if 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;
or increase the price to Service such Equipment or remove such Equipment from the Agreement. Where
Equipment is removed from the Agreement under this provision, Motorola will use reasonable commercially
available means to repair such Equipment on a Time and Materials basis.
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 Service purchased as indicated in this
Agreement.
Section 5 EXCLUDED SERVICES
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; or accident, foreign 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 Equipment; accessories, belt
clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of
any transmission line, antenna, tower or tower lighting, duplexer, or combiner. 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. The hours of subscriber Service will be 8:30 a.m. to
5:30 p.m., local time, excluding weekends and holidays. Infrastructure emergency support will be provided
24 hours a day, 7days a week, including holidays. A technician will be on site or working on City equipment
from 8:30 a.m. to 5:30 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 forty-five (45) days of the invoice date. Customer agrees to reimburse Motorola
for all property 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.
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13.2. Unless otherwise agreed in writing, no business 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 its confidential and proprietary information, including cost and pricing data, to Customer.
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
solicit for hire and engage on contract any employee of Motorola or its subcontractors. 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 (excluding as built documentation, drawings and
records pertaining to this Agreement) 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 of Florida.
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 BECOME EFFECTIVE FOLLOWING EXPIRATION OF THE
APPLICABLE WARRANTY PERIOD IN THE COMMUNICATIONS SYSTEM AGREEMENT AND
TERMINATE AFTER THE EXPIRATION OF 9TH SERVICE YEAR. THEREAFTER THIS CONTRACT MAY
BE RENEWED BY MUTUAL AGREEMENT BY THE PARTIES, FOR AN ADDITIONAL ONE (1) YEAR
TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS ONE PARTY NOTIFIES THE OTHER
IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30)
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