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HomeMy WebLinkAboutC10-158 Motorola Inc. Service Agreement© MOTOROLA Attn: National Service Support/4th fl 1301 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Date: 05/04/2010 Company Name: Eagle County Attn: Billing Address: City, State, Zip: Customer Contact: Phone: Fax: P O Box 850 Eagle, CO 81631 Barry Smith (970)328-3545 SERVICE AGREEMENT Contract Number: Contract Modifier: Supercedes Agreement(s): S00001013061 RN23-NOV-09 15:32:35 Required P.O.: Customer # : BiIltoTag#: Contract Start Date: Contract End Date: Anniversary Day: Payment Cycle: Tax Exempt: PO#: No 1000441783 0002 01 /01 /2010 12/31 /2010 Dec 31st MONTHLY Exempt From All Taxes Qty Model/Option Description Monthly Ext Extended ***** Recurring Services ***** SVC01SVC1102C DISPATCH SERVICE $ 134.51 $ 1,614.12 1 SVC242AC ENH: DISPATCH CENTER LOCATION 14 SVC234AA ENH: SMARTZONE SITE 6 SVC239AA ENH: SMARTZONE OPERATOR POSITION SVC01SVC1104C TECHNICAL SUPPORT SERVICE $ 198.40 $ 2,380.80 14 SVC131AA ENH: SMARTZONE SITE 6 SVC134AA ENH: SMARTZONE OPERATOR POSITI 1 SVC455AE ENH: DISPATCH SITE SVC01SVC1108C INFRASTRUCTURE REPAIR $ 568.06 $ 6,816.72 14 SVC251AB ENH: SMARTZONE SITE 6 SVC256AB ENH: SMARTZONE OPERATOR POSITION SVC01SVC1410C ONSITE INFRASTRUCTURE RESPONSE $ 4,598.68 $ 55,184.16 1 SVC218AA SITES 13 SVC218AA SITES 6 SVC220AA OPERATOR POSITIONS 1 SVC986AA DISPATCH CENTER LOCATION SVC02SV00001C SP -MICROWAVE SERVICES $ 1,860.71 $ 22,328.52 1 SITE(S) SVC02SV00030C SP -LOCAL REPAIR WITH ONSITE RESPONSE $ 1,860.71 $ 22,328.52 1 NETWORK(S) SPECIAL INSTRUCTIONS -ATTACH STATEMENT OF WORK FOR Subtotal -Recurring Services $ 9,221.07 $ 110,652.84 PERFORMANC E DESCRIPTIONS Subtotal -One-Time Event $ .00 $ .00 Services Total $9,221.07 $110,652.84 The Zone Controller and the Power supply are not Taxes - - covered by this contract for repair; instead, repairs will be Grand Total $ 9,221.07 $ 110,652.84 Charged above-Contract and SUbJeCt tO parts aVallablllty. THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. Subcontractor(s) Cit State MOTOROLA SYSTEM SUPPORT ELGIN IL CENTER MOTOROLA SECURITY AR627 SCHAUMBURG IL MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CTR-CALL CENTER D0066 LEGACY COMMUNICATIONS INC EAGLE CO LEGACY COMMUNICATIONS INC EAGLE CO LEGACY COMMUNICATIONS INC EAGLE CO JIO-~~ 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 6MER (PRINT NAME) _ . r ~ - ~ `'J - - ) AOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE Lorraine Hoover `~ !\~._ ( ~, ~ ~ _ ~(it j „ ~ ~~"~ („ ~ (~^_ ~"7 C',/~ MOTOROLA REPRESENTATIVE (PRINT NAME) VL PHONE l lSZ FAXJ ~t _( L. / Service Terms and Conditions These Service Terms and Conditions are made effective , 2010, by and between Motorola, Inc. ("Motorola") and the Board of County Commissioners, Eagle County, State of Colorado ("Customer"). Recitals A. Customer owns and operates an 800 MHz SmartZone communications system (hereinafter referred to as "Communications System") for use by various emergency service providers and other agencies throughout Eagle County, Colorado. B. Customer desires to have professional repair and maintenance performed on the Communications System with an emphasis on preventative maintenance. C. Motorola has indicated that it has the resources and skills necessary to meet the maintenance and repair demands of the County. D. Customer and Motorola intend by this Agreement to set forth the scope of the responsibilities of Motorola in connection with this repair and maintenance as well as other related terms and conditions to govern the relationship between Customer and Motorola. Agreement Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the Contract Documents set forth in Section 18 of these Service Terms and Conditions; and any other attachments, all of which are incorporated herein by this reference. In interpreting ambiguities between the Service Terms and Conditions, the Contract Documents, and any other attachments, Section 18.2 of the Service Terms and Conditions shall control. 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. 2.4. "Force Majeure Events" shall include acts of God, war, riot, acts of public enemy, or sabotage. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Eagle County, CO -Service Terms and Conditions - 10-18266/JOI Final 2-19-2010 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 Customer's notification in a manner consistent with Agreement. any Equipment failure. Motorola will respond to the level of Service purchased as indicated in this 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, or 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 Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line. 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 Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, anon-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 Eagle County, CO -Service Terms and Conditions - 10-18266/JC~Final 2-19-2010 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. Notwithstanding the foregoing, Motorola recognizes that during winter months, it is often necessary to use snow cats, snow machines or snowmobiles to access certain Customer repair sites. Winter access by snowmobile shall be considered an expense reasonably incurred by Motorola in rendering Services, but access by snowcat shall not. If Motorola deems it necessary, due to snow and weather conditions, to access a service site via snowcat, Motorola will pre- arrange for such snowcat access with Customer. Charges and expenses for snowcat access will only be chargeable to Customer with Customer's approval. 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 at the end of each payment period. All other charges will also be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 TERMINATION 10.1. Notwithstanding Section 10.2, hereunder, this Agreement may be terminated, in whole or in part, with 30 days notice by Customer for its convenience. In the event of a partial termination, Customer will state specifically which services from the Statement of Work shall be terminated. Full or partial termination may occur at any time during a payment period, in which case Motorola shall be compensated for all work completed up to the date of termination. 10.2. 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 ten (10) 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. In the case of Motorola defaulting, and Motorola fails to correct such deficiencies after timely notification by Customer, Customer may in addition to or as an alternative to termination correct such deficiencies and deduct the cost of correction from payments due Motorola. Customer may recover the reasonable costs of correcting deficiencies to a capability not exceeding that specified in the Agreement. Eagle County, CO -Service Terms and Conditions - 10-18266/JC$Final 2-19-2010 10.3. 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 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 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 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. Motorola acknowledges that Customer is a Colorado public entity governed by the Colorado Open Records Act as set forth at C.R.S. § 24-72-201. et. seq. 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 Eagle County, CO -Service Terms and Conditions - 10-18266/JC~Final 2-19-2010 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 Reserved 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. If such property is stored on Customer's premises for any reason, it may be removed 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 that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 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 those services on a time and materials basis at Motorola's then effective hourly rates. 17.8 Notwithstanding anything to the contrary contained in this Agreement, Customer shall have no obligations under this Agreement after, nor shall any payments be made to Motorola in respect of any period after December 31, 2009 without an appropriation therefore by Customer in accordance with a Eagle County, CO -Service Terms and Conditions - 10-18266/JC~Final 2-19-2010 budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §§ 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Section 18 CONTRACT DOCUMENTS 18.1 .The following Contract Documents together comprise the Agreement defined in Section 2.1, herein, and consist of the following: 18.1.1. Service Terms and Conditions, 18.1.2. Statements of Work: 18.1.2.1. OnSite Infrastructure Response and Dispatch Service, 18.1.2.2. Infrastructure Repair with Advanced Replacement, 18.1.2.3. Technical Support Service, 18.1.2.4. SP -Microwave Local Infrastructure Repair, 18.1.2.5. SP -Local Repair with OnSite Responses, 18.1.3. Eagle County System Support Services Budgetary Proposal ("Cover Page"), 18.1.4. Services Agreement. 18.2. In interpreting this Agreement and resolving any ambiguities, the Service Terms and Conditions take precedence over all the Contract Documents. The Cover Page shall take precedence over any attachments and Statements of Work, unless the Cover Page, Statement of Work or attachment specifically states otherwise. 18.3. Each Statement of Work as described in Sections 18.1.2.1 - 18.1.2.5 may be terminated and severed from the Agreement in accordance with Section 22, below. Section 19 PERSONNEL 19.1. Motorola shall identify key personnel who will work on the Project. Motorola's use of subcontractors and the work they are to perform shall be reasonably approved by the Customer. Motorola shall be responsible for all work performed and materials provided by subcontractors. 19.2. Motorola expressly agrees that all Motorola personnel and subcontractor personnel assigned to the Project may be fingerprinted by the Customer and are subject to a criminal history record check and background check to verify identification and state of residency. To the extent permitted by law, Customer shall conduct the fingerprinting, criminal history checks, and background checks prior to such Motorola personnel reporting for work at the Customer's sites. All expenses under this section shall be assumed by Customer. Any personnel may be denied access based upon the results of the checks and investigation. Customer's use of the information collected will be for the specific purpose of facilitating fingerprinting, criminal history record check and background check. All information collected will be treated as strictly confidential. Customer will limit access to the information received to the Customer's project manager and will properly store the information in a secure manner. Customer will promptly dispose all collected information in an appropriate manner when the purpose for which it was originally collected is no longer valid. Eagle County, CO -Service Terms and Conditions - 1 0-1 8266/JC~Final 2-19-2010 19.3. The Customer's facilities are adrug-free workplace and as a condition of continued service on the Agreement, the Customer may require any Motorola personnel and subcontractor personnel assigned to the Project to submit to an alcohol/drug test at any time, to the extent permitted by law. 19.4. The Customer may require Motorola to replace any assigned Motorola personnel or subcontractor personnel who are found for reasonable cause to be unacceptable to the Customer. 19.5. The Customer considers a suitable working relationship to be a product of several factors, not the least of which is the presumption of permanency of Motorola personnel and subcontractor personnel for the duration of the work effort. It is anticipated that Motorola will provide a stable work force and limit disruptive personnel changes (those not otherwise requested by the Customer). Such restriction does not include staff changes due to circumstances beyond Motorola's control, such as a person's "long term" illness or accident, resignation, or military mobilization. Replacement personnel must be identified using the same guidelines established for the initial Motorola Project personnel as described above and must be approved by the Customer. Motorola agrees to provide satisfactory turnover and knowledge transfer from one person to the other in the event of the removal of personnel and to make no charge to the Customer for the time associated with such turnover and knowledge transfer. Motorola shall keep the Customer advised on a current basis as to the availability of personnel to perform work. 19.6 The relationship of Motorola to Customer is that of independent contractor. No agent, employee, volunteer or other personnel of Motorola shall be deemed to be an agent, employee or volunteer of Customer. Section 20 Prohibition Against Employing Illegal Aliens. A. Motorola shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to Motorola that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Motorola shall confirm or attempt to confirm through participation in the Basic Pilot Verification Program, as administered by the United States Department of Homeland Security, that Motorola does not employ any illegal aliens. If Motorola is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, Motorola shall apply to participate in the Program every three months until Motorola is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: htt~~s //www.vis-dhs.com\employerregistration C. Motorola shall not use the Basic Pilot Verification Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. D. If Motorola obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Motorola shall be required to: i. Notify the Subcontractor and the Customer within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and Eagle County, CO -Service Terms and Conditions - 10-18266/JQFinal 2-19-2010 ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that Motorola shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. Motorola shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If Motorola violates these prohibitions, the Customer may terminate the contract for a breach of the contract. Section 21 NOTICES All notices given between parties shall be in writing and shall be considered properly sent by Electronic Mail (E-mail), postage prepaid United States Mail or Country of Origin Mail to the persons identified below: Motorola: Lorraine Hoover Customer Support Manager Motorola, Inc. 9800 Mt. Pyramid Ct. Ste. 200 Englewood, CO 80112 Tel: (303) 689 - 2960 Mobile: (720) 937 - 9245 Fax: (303) 689 - 2900 Customer: Barry Smith Emergency Management Director PO Box 850 500 Broadway Eagle, CO 81631 Tel: (970) 328 - 3545 Fax: (970) 328-8694 Section 22 Indemnification 22.1. Motorola shall indemnify Customer for, and hold and defend Customer and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the performance of this Agreement to the extent such cost, claim and expense is caused in whole or in part by the negligent or willful acts or omissions of Motorola. //SIGNATURE PAGE TO FOLLOW // Eagle County, CO -Service Terms and Conditions - 10-18266/JC~3Final 2-19-2010 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: Customer: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: .,.r•wr.._ BOARD OF COUNTY COMMISSIONERS ~c~ c o g x Clerk to the B~rd of~unty `r'ot Commissioners *, • r ,~ ~ t,_ ~`~~-~: ~~ Sara J.~ Fisher, chairman Motorola, Support Manager Eagle County, CO -Service Terms and Conditions - 10-18266/J(~Final 2-19-2010 !MOTOROLA Servicer Statement of Work SP-Microwave 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 Service's discretion and responsibility, Infrastructure may be sent to Motorola, original equipment manufacturer, third party vendor, or other facility for repair. The responsibilities of Motorola and Servicer shall be as set forth in this Statement of Work. Subcontracts for this Service will be electronically posted by Motorola on Motorola's website for Servicers. Motorola reserves the right to alter, amend or change the scope of work with 30 days written notice to Servicer. All terms or Attachment C-Service Subcontract will remain in full force and effect during the term and any subsequent terms of this SOW. 2.0 Motorola has the following responsibilities: 2.1. Provide the following information to Servicer 2.1. I .Customer name and address 2.1.2. Equipment list including Infrastructure type and model 3.0 Servicer has the following responsibilities: 3.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by the 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. 3.2. Perform the following on Motorola Infrastructure: 3.2. I .Perform an operational check on the Infrastructure to determine the nature of the problem. 3.2.2. Repair or replace malfunctioning FRU, as determined by Servicer. 3.2.3. Verity that Motorola Infrastructure is returned to Motorola manufactured specifications. 3.3. Provide the following service on select third party Infrastructure 3.3.1. 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. 3.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for service. 3.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 3.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer. 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. 3.5. Notify the Customer upon completion of repair or replacement. 3.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified address. Servicer will pay return shipping charges, if being sent via overnight carrier. Local Infrastructure Repair Page l of 1 Approved b~• Motorola Contracts & Compliance: ll/11/O8 ® MoToRaLa Statement of Work Technical Support Service LO Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Suppor[ Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.03 and higher, SmartZone/Omnitink, E911, Private Data v2.0.3 and higher, SmartNet, Conventional Two- Way, and Wireless Broadband. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterisation, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2J. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1. L Suhmit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 33. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. Technical Support Ser~~ire Aphro>>ed 6~~ Motorola Conn•acts cued Compliance / 1-/ 1-08 page 1 0~'2 M4roRo~a 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level detned in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously ^ Major System failw•c ^ 33% of System down ^ 33% of Site channels down ^ Site Environment alarms (smoke, access, temp, AC power. • This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day ^ Signiticant System Impairment not to exceed 33% of system down ^ System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 Response during Standard Business Day ^ Intermittent system issues ^ Information questions ^ Upgrades/preventative maintenance ^ This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/systcm u ~~rades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity 1 Within 1 Hour from recei t of Notification, Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day Technical Support Service Approved b~~ Motorola Contracts and Compliance 11- l 1-08 page 2 of 2 MOTOROLA Statement of Work OnSite Infrastructure Response and Dispatch Service I.0 Description of Services The Motorola System Support Center (SSC) will receive Customer request for service and dispatch a Servicer. The Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC will maintain contact with the on-site Servicer until System Restoral and Case is closed. The SSC will Continuously track and manage Cases from creation to close through an automated Case tracking process. This Case management allows for Motorola to provide Case activity reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Continuously receive service requests. 2.2. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.2.1. Characterize the issue. 2.2.2. Determine a plan of action. 2.2.3. Assign and track the Case to resolution. 2.3. Dispatch a Servicer as required by Motorola standard procedures and provide necessary Case information collected in 2.2. 2.4. Ensure the required personnel have access to Customer information as needed. 2.5. Servicer will perform the following on-site: 2.5.1. Run diagnostics on the Infrastructure or FRU. 2.5.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.5.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.6. Verity with Customer that Restoration is complete or System is functional, if required by Customer's repair Veritication in the Customer Support Plan required by section 3.2. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.9. Notify Customer of Case Status as defined reyuired by the Customer Support Plan: 2.9.1. Open and closed; or 2.9.2. Open, assigned to the Servicer, arrival of the Servicer on-site, deterred or delayed, closed. 2.10. Provide Case activity reports to Customer. 3.0 Customer has the following responsibilities: 3.1. Contact Motorola System Support Center (SSC) and open a case request local service shop dispatch. 3.2. 3.3. as necessary, to request service continuously. 3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer support Plan. OnSite lnfrastrucnu•e Response and Dispatch Service np~~roved ~~~ Motorola Connarlr and Compliance 12-22-OS page 1 of 3 MOTOROLA 3.4.1. Case notification preferences and procedure. 3.4.2. Repair Verification preference and procedure. 3.4.3. Database and escalation procedure forms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assigned System ID number. 3.5.2. Problem description and site location. 3.5.3. Other pertinent information requested by Motorola to open a Case. 3.6. Allow Servicers access to Equipment. 3.7. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.5.2. 3.H. Maintain and store in an easily accessible location any and all Software needed to Restore the System. 3.9. Maintain and store in an easily accessible location proper System backups. 3.10. Verify with the SSC that Restoration is complete or System is functional, if required by Repair Verification preference provided by Customer in accordance with section 3.2. 3.1 1. Cooperate with Mororola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. OnSite Infrastructure Response and Dispatd2 Service Approred be Molornla Connnc~s and Complrnnce 12-22-OS page 2 of 3 MOTQROLA Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously ^ Major System failure ^ 33~/n of System down ^ 33% of Site channels down ^ Site Environment alarms (smoke, access, temp, AC power. ^ This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day ^ Significant System Impairment not to exceed 33% of system down ^ System problems presently being monitored ^ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 Response during Standard Business Day ^ Intermittent system issues ^ Information questions ^ Upgrades/Preventative maintenance ^ This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product system upgrades. Response Times Table (Customer's Response Time Classification is designated in the Service Agreement) Severity Regular Level Response Time Severity I Within 3 hours from receipt of Notification Continuously Severity 2 Within 3 hours from receipt of Notification Standard Business Day Severity 3 Within 24 hours from receipt of Notification Standard Business Day On Site li- fi-ash~ucture Response and Dispatch Service Ap~~roved bt~ Motorola Conn•acts and Compliance 12-22-US page 3 of 3 MOTOROLA 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 hcrehy 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 applicahle, 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. 2.4.1. During normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Inti-astructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7. L 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. Verity that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable /nfrast~ucni~e Repui~~ Frith Adrunced Replacement Apprured br Mnrorola Contract and Compliance I1-1-06 Lash Reviewed II-IS-07 Page 1 of 7 MOTQRQLA 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. 2.7.5. Perform a System Test vn select Infrastructure. 2.8. Provide the following service vn 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 apost-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has heen 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 I. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4. L 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 Hight out). In such cases, Customer will be subject to shipping and handling charges. 2.12. 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) privy to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 2.12.1. 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. 2.12.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 2.12.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 2.12.4. Provide Customer purchase order number to secure payment for any costs described herein. 2.13. Within tive (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrasu•ucture and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Mvtorola shop must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tacking 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 Infrast•ucture FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorisation number on the outside of the packaging. 2.14. If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 2.15. Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.0 Customer has the following responsibilities: 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard husiness hours or carrier programs set forth in section 2.4.1. br~rushvcture Repair frith Adranced Repluc emeN Approred 6y Motorola Cnnn'uct and Cornpliurtc~e ! l-1-06 Lcr.rt Recie~red 11-15-07 Pale 2 of 7 MvroRO~a 3.3 Cooperate with Motorola and perform all acts that are reasonahle or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 3.4 All Motorola Infrastructure eyuipmen[ at customer sites will be covered for one year from the signature date of the Terms and Conditions after review of Network Preventative maintenances. 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. Physically damaged Infrastructure. 2. Third party Equipment not shipped by Motorola. 3. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 4. Test equipment. 5. Racks, furniture and cabinets. 6. Firmware and/or Software upgrades. In%rasn~ucture Repair ~i irh Adremred Replacen~en~ Apprnred by Mntnrolu Cnnhz~rt caul Cr~inpliunce 11 J-06 L.as~ Rerie~red l 1-LS-07 Pnge ~ of 7 MoroRaL,a Astro25 Infrastructure Exhibit Inclusions, Exclusions, Exce bons and Notes for Infrastructure Re air Antennas Including Microwave Antenna Excludes all Equipment such as hi-directional amplifiers, multicouplers, Systems combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines Base Station(s) and Repeater(s) Includes Quantar, STR3000, GTR8000, GTR8000 HPD, IntelliRepeater, Network Management (Please refer to the SOW for details) is not available on all stations. Quantar high power booster power amplifier, power supply and control board Excludes Fan Modules, Dual Circulator Tray, Site RMC Tray Channel Bank(s) Includes Premisys ,Telco, IMACS models 600, 800 . Excludes Siemens Controller - trunking Includes SmartNet II prime and remote controllers, MTC3600, GCP8000, Site Controller PSC9600, CSC7000, MTC9600, MZC3600, MZC5000. Excludes SSMT and SCMS controllers. CD ROM Drive, Fan Tray Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes lapto computers and all 286, 386, 486 com uters. Microwave Equipment. Will be repaired excluding the Antenna Systems. Moscad Only NFM (Network Fault Management), as part of communication System only, RTU, SDM Site Manager RTU. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Astro25 Infrastructure Re air con't Inclusions, Exclusions, Exce bons and Notes for Infrastructure Re air Receiver(s) Includes Quantar, MTR2000 and ASTRO-TAC, GTR8000, GTR8000 HPD Receivers. Excludes Fan Modules, Dual Circulator Tray, Site RMC Tray Routers Includes ST5500, ST5598, S2500-S6000 Switch Avaya Difinity PBX, S8300, S8500. Nortel Passport 7480, Cisco Catalyst 6509, HP 5308 LAN switch, HP ProCurve Switch 2524, 2650, 2626, 3Com PS40, SS1100 UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. lnfiztshvcna•e Repair frith Adrunced Replacement Approved be Motnrnla Cann-act wrd Compliance 11-1-06 l.etstReriewed I1-10-0R Page 4 of 7 MOTOROLA SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure hrxhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre- am lifters, antennas, cables. towers, tower liehtine. and transmission lines. Base Station(s) and Re eater(s) Includes: Quantar, Quantro, Di ital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub Excludes Nice Loe~ine Recorders Channel Bank(s) Includes Premisys and Telco .Excludes Siemens Computer(s) Includes computers (Pentium I, 1[, 1[[, IV) directly interface with or control the communications System, including SiteLens and Sys[emwatch IL Includes keyboards, mice and trackballs. Excludes laprop computers and all 286. 386. 486 computers. Excludes detective or phosphor- burned cathode ray tubes CRT(s) and burned-in Flat panel display image retention. Console(s) Includes consoles (Centracom Cold Series, Centracom Gold Series Elite, Centracom Gold Elite. CommandSTAR lite, MIP5000, MCI000, MC2000, MC2500, MC3000, MCC5500) Includes headset jacks, dual footswitches, gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom I. Controller(s) -Trunkin Includes SmartNet ^ rune and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones. Logging Recorders and Excludes all types and models. Recording Equipment Di ital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Di ital Voice Modem(s) Included u on modem model availability Embass Switch Includes AEB, A[M[, ZAMB[, AMB Management Terminals Includes computers (Pentium I, ll, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch 11. Excludes laptop computers and all 286. 386. 486 com users. Microwave Equipment Will be repaired excluding the Antenna Systems. 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. Monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Contro] and Data Acyuisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Printer(s) Includes rinters that directly interface with the communications S stem. Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Am lifter(s) Included Universal Simulcast ConU-oller Included Interface(s) UPS Systems. Excluded from service agreements hu[ may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any nn-site services. Excludes all batteries. Zone Manager Excludes HP715/33. HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Zone Controller(s) Includes console terminals. Excludes ALL Sun/IMP hard drives exec t TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. ln(rasn~iu~ture Repair ~ridr Adranced Replurenrent ilpprot~ed by Mntornla Contract and Cnn~pliunte 11-1-O1 LastRevie~~ed I1-1U-OS Page 5 n/'7 MoroRo~a Conventional System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Re air Antenna Systems Excludes all Equipment such as bi-directional amplifiers. multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines Base Station(s) and Repeater(s) Quantar, Quantro. Digital MSF5000 and MTR2000 ONLY. Excludes MICOR and Analog MSF5000 (can not get parts). Central Electronics Bank(s) Includes logging recorder interface and network hub. Excluded Nice logging recorders Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparators) Includes Spectratac, Digitac, and Astrotac. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System - ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Dictaphones, Logging Recorders and Recording Excludes all types and models. E uipment Digital Interface Unit(s) (DIU) Included Digital Signaling Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB 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. Monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Intraru'uclure Repair tirillt Advanced ReplacemerU Aphroced bt' Mntorulrr Cnnu'act and Cninpliance 11-1-OG Lust Revierored I l -I U-OR Pnge 6 oF7 ® MOTOROLA Console Only Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Re air Card Cages Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub. Includes Base Interface Module (BIM), Console Operator Interface Module (COIM), Operator Interface Module (OMI). Central Electronic Shelf (CES) Included Computer(s) Includes computers that directly interface with CEB. Includes 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 consoles (Centracom Gold Scries, Centracom Gold Series Elite, Centracom Gold Elite, CommandSTAR life, MIP5000, MC1000, MC2000, MC2S00, MC3000, MCC5500) Includes headset jacks, dual footswitches, gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom 1. Console Audio Box (CAB) Included Dictaphones, Logging Recorders and Recording Excludes all types and models. E ui ment Junction Box Included Microwave Equipment. Will be repaired excluding the Antenna Systems. Monitor(s) Includes all Motorola certitied 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 tlat panel displays image retention. Monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. lnf'ru.ch'ucture Repuir wirlt Advanced Replurcment Appwn'ed br hiotni'olu Gntn•uctund Compliance 11-1-06 L,us~ Necreu•ed 11-10-OR Page 7 of 7 MOTOROLA Statement of Work SP -Local Repair with OnSite 1.0 Description of Services Local Repair with Onsite 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 he 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. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2. I . Provide repair return authorization numbers when reyuested by Customer. 2.2. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.3. Perform the following service on Motorola Infrastructure: 2.3. I . Pertbrm an operational check on the Infrastructure to determine the nature of the problem. 2.3.2. Replace malfunctioning FRU or Components. 2.3.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.3.4. Perform a Box Unit Test on all serviced Infrastructure. 2.3.5. Perform a System Test on select Infrastructure. 2.4. Provide the following service on select third party Infrastructure: 2.4. I. 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. 2.4.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.4.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.4.4. Perform apost-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. 2.5. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.3. 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. 2.6. Properly package repaired Infrastructure. 2J. Ship repaired Infrastructure to the Customer specified address during normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays. 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. I . Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request a return authorization number prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. /nfi~a.ctrurutr-e Repair Approved by .V/otorolu Conlra~t a~~d Compliance ll/14/05 page l of 2 M~TQROLA 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 Properly package Infrastructw•e and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrasp•ucture 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. 3.3 Maintain templates of Software/applications and Firmware for re-loading of Infrastructure as set forth in paragraph 2.5. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair services to Customer. 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. Physically damaged Infrastructure. 3. Third party Equipment not shipped by Motorola. 4. Consumahle 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. lnfrastrucutre Reparr /l pp~•oved by Mo~orala Caitrac•t and Compliance ! //14/05 page 2 ~ f 2 ® ,Moro,4o~A SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as hi-directional amplifiers, multicouplers, combiners, tower to pre-amplifiers, antennas, cahles, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub Channel Bank(s) Includes Premisys and Telco .Excludes Siemens Comparators) Includes Spectratac, Digitac, and Ast-otac Comparators. Computer(s) Includes computers (Pentium I, II. III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch IL Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and gooseneck micro hones. Excludes Centracom I. Controller(s) -Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recording Excludes all types and models. Equipment Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI. ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop com uters and all 286, 386, 486 com uters. MBEX(s) or NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an ahove contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes Flat panel displays and touch screen monitors. Excludes defective or phosphor-bw-ned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be c uoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Printer(s) Includes rinters that directly interface with the communications System. RAS(s) Excludes RAS 1 100, 1101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers. Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Included Interface(s) UPS Systems. Excluded fi~om service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS 14C and NDS 17C Zone Controller(s) Includes console terminals. Excludes ALL Sun/IMP hard drives exec t TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406. TLN3343A 0424 and TLN3278A 018 UU389. MOTOROLA SmartNet System Infrastructure Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair 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 MSF5000, MTR2000, and Desktrac L35SUM7000-T Repeaters ONLY. Network Management (Please refer to the SOW for details) is not available on all stations. Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub. Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparators) Includes S cctratac, Digitac, and Astrotac Comparators. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and h•ackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Controller - trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dicta hones and Recording Equipment Excludes all ty es and models. Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included u on modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium L II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386, 486 com users. 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 monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in t7at panel displays image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be uoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Printer(s) Includes rinters that directly interface with the communications System. RAS(s) Excludes RAS 1100, I ] 01 and 1102 Receiver(s) Includes Quantar, MTR2000 and ASTRO-TAC Receivers. Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller 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 any on-site services. Excludes all batteries. ® MOTOROLA Broadband Infrastructure Exhibit Inclusions, Exclusions, Exce bons and Notes for Infrastructure Re air Access Points Includes WLAN, Canopy and Mesh Intelli~*ent access points. Backhaul Includes Canopy. Excludes all other technologies Cables, connectors and [esters Excluded Cameras Excluded, Fixed black & white, color, pan tilt zoom analog, pan tilt zoom IP, fixed hybrid (IP and Analog) cameras Cluster Management Modules (CMM) Includes Cano y. Excludes all other technologies Enchanted Wireless Router Includes WLAN Mobile Internet Switching Controller(MISC) Includes WLAN Mounting Bracket Excluded Multiplexers Excludes RAD data multiplexers Network Interface Card Includes WLAN Network Switches Included Power Supply Included Rcllector Hardware Kit Excluded Software Excluded Subscriber Modules Includes Cano y. Excludes Mesh PCMCIA cards Surge Suppressor Excluded UPS Excluded from service agreements buy may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any one-site services. Excludes all batteries. Vehicle Mounted Modem Includes WLAN Networking Enablers Excludes Asymmetric DSL Broadband Gateway, Asymmetric Customer Premise Equipment, Symmetric DSL Broadband Gateway, Symmetric DSL- CPE's and accessories Wireless Router AC and DC Input Includes WLAN M(?TQROLA Conventional System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Re air Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines Base Station(s) and Repeater(s) Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY. Excludes MICOR and Analog MSF5000 Central Electronics Bank(s) Includes logging recorder interface and network hub. Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparators) Includes S ectratac, Digitac, and Astrotac. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in tlat anel dis lay image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System -ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Commandstar and Commandstar Lite are not included as a conventional system operator position but can be covered when services are purchased separately. Dictaphones and Recordin~~ Equipment Excludes all types and models. Digital Interface Unit(s) (DIU) Included Digital Signaling Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes t7at panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in tlat panel displays image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Excludes Fire alarming systems. Printer(s) Includes printers that directly interface with the communications System. Receiver(s) Includes Quantar , MTR2000 and ASTRO-TAC receivers. Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Interface(s) Included UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. MQTOROLA Data System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Re air Base Station(s) and Repeater(s) Includes Quantar (DSS3, DBS), Digital MSF5000 (DSS2) ONLY. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor- burned cathode ray tubes CRT(s) and burned-in tlat panel display image retention. Dictaphones and Recording Equipment Excludes all types and models. Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes t7at panel displays and touch screen monitors. Excludes detective or phosphor-burned cathode ray tubes CRT(s) and burned-in tlat panel displays image retention. Printer(s) Includes printers that directly interface with the communications System. Radio Network Controller Includes One (1) RNC and One (1) RNC Console. Redundant RNC's must be quoted separately. Excludes RNC 1000, NCP500, NCP2000, NCP2500 and NCP3000. Site Data Link Modem(s) Included UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. Wireless Network Gateway Excluded from the prime/remote site or system agreement but can be covered when services are purchased separately. MQTQROLA 911 System Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Re air ALI Controller Includes Analog Station Card(s), Caller ID Board(s), Conference Board(s), DTMF Tone Receiver Board(s), Digital Station Card(s), E&M Card(s), Ground Loop Start Card(s), MF Receiver Board(s), 91 l Line Card(s) ANI Controller Included Client Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in tlat panel display image retention. Dictaphones and Recording Equi ment Excludes all types and models. Hub(s) Included Line Boosters/Amplifier/Short haul modems Excludes all Modem(s) Includes TDD Modem. Includes UDS202T, Memotech Digital, US Robotics Sportster, US Robotics Carrier V. Everything, UDS 2440, Hayes Accura, Hayes Smartmodem, BOCA Research Tidalwave. Excludes short haul modems and Avatex 1200, Practical Peripheral, UDS Fasttalk II Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in tlat panel displays image retention. Network Switches Included Printer(s) Includes printers that directly interface with the communications System. Power Su plies Includes PDU 120, PDU 288, RPU 48 Ring Generator(s) Included Routers Included SEB II /SiteSentry Included Server(s) -ALI, Data base Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in tlat panel display image retention. Excludes Intrados Loc ALI Telephone(s) Includes up to six (6) administrative phones, and all 91 I and KEM phones. Terminals Includes Wyse 370 and Qume VT70. TDD Detector(s) Includes Keytronics, and U1traTec UPS Systems. Excluded from service agreements but may be repaired on an above conU•act, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. MOTOROLA Console Only Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes for Infrastructure Re air Card Cages Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub. Includes Base Interface Module (BIM), Console Operator Interface Module (COIM), Operator Interface Module (OMI). Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with CEB. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite, Commandstar and Commandstar Lite) Includes headset jacks, dual footswitches, gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom I. Dictaphones and Recording Equipment Excludes all types and models. Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shi ed to IDO. Excludes any on-site services. Monitor(s) Includes all monitors connected to computers that directly interface with the CEB. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in Flat panel displays image retention. Site Frequency Standard(s) Includes Netclocks systems UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries.