HomeMy WebLinkAboutC11-068 Motorola Technical Support Agreement f
0 MOTOROLA SERVICE AGREEMENT
Attn: National Service Support/4th fl Contract Number: S00001013061
1301 East Algonquin Road Contract Modifier: RN24- SEP -10 11:42:16
Schaumburg, IL 60196
(800) 247 -2346 Supercedes Agreement(s):
Date: 03/01/2011
Company Name: Eagle County Required P.O.: No
Attn: Customer # : 1000441783
Billing Address: P 0 Box 850 Bill to Tag # : 0002
City, State, Zip: Eagle, CO 81631 Contract Start Date: 01/01/2011
Customer Contact: Barry Smith Contract End Date: 12/31/2011
Phone: (970)328 -3545 Anniversary Day: Dec 31st
Fax: Payment Cycle: MONTHLY
Tax Exempt: Exempt From All Taxes
PO # :
Qty Model /Option Description Monthly Ext Extended
* * * ** Recurring Services * * * **
SVCO1SVC1104C TECHNICAL SUPPORT SERVICE $ 378.00 $ 4,536.00
14 SVC131AA ENH: SMARTZONE SITE
6 SVC134AA ENH: SMARTZONE OPERATOR POSIT!
1 SVC455AE ENH: DISPATCH SITE
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR Subtotal - Recurring Services $ 378.00 $ 4,536.00
PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event $ .00 $ .00
Services
Total $378.00 $4,536.00
Taxes - -
Grand Total $ 378.00 $ 4,536.00
THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
Subcontractor(s) City State
MOTOROLA SECURITY AR627 SCHAUMBURG IL
I received Statements of Work that describe the services provided on this
Agreement. Motorola's Service T nd onditions copy of which is
attached to this Service Ag , is " rporate erein by this reference.
AUTHORIZED CUSTOMER SI RE TITLE DATE
�=� N - o - � . l - �- ,y-3///'
CUS • MER (PRINT NAME `
. .A ; _ ...ii. C M 2 I — 1
•T•ROLA REPRESENTATIVE (SIGNATURE) TITLE DATE
Lorraine Hoover .) n ?) (0 C A -1 ,Z L A C A O3 - S 2 1 - 2-Z6
MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX
CM-CAPF
Service Terms and Conditions
These Service Terms and Conditions are made effective January 1, 2011, 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 is in need of technical support services for the Communications System..
C. Motorola has indicated that it has the resources and skills necessary to provide the required technical
support services to 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/JG Final 12 -2 -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 any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the level of Service purchased as indicated in this
Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged
from use in other than the normal, customary, intended, and authorized manner; use not in compliance
with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect,
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, 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
Eagle County, CO - Service Terms and Conditions — 10- 18266/JG Final 12 -2 -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/JG Final 12 -2 -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
have no obligation to provide Customer with access to its confidential and proprietary information,
including cost and pricing data.
Eagle County, CO - Service Terms and Conditions — 10- 18266/JG Final 12 -2 -2010
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, 2011 without an appropriation therefore by Customer in accordance with a
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).
Eagle County, CO - Service Terms and Conditions — 10- 18266/JG Final 12 -2 -2010
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. Statement of Work, and
18.1.3. Service 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.
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.
19.3. The Customer's facilities are a drug -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
Eagle County, CO - Service Terms and Conditions — 10-18266/JG Final 12 -2 -2010
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.
Motorola shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public
Contracts for Services, and this Contract. By execution of this Contract, Motorola certifies that it
does not knowingly employ or contract with an illegal alien who will perform under this
Contract and that Motorola will participate in the E- verify Program or other Department of Labor
and Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
A. Motorola shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
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 has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through
participation in the E- verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E -verify program can be found at:
http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm
C. Motorola shall not use either the E- verify program or other Department 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 County within three days that Motorola
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
Eagle County, CO - Service Terms and Conditions — 10- 18266/JG Final 12 -2 -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 established in C.R.S. § 8 -17.5- 102(5).
F. If Motorola violates these prohibitions, the County may terminate the contract for
a breach of the contract. If the contract is so terminated specifically for a breach
of this provision of this Contract, Motorola shall be liable for actual and
consequential damages to the County as required by law.
G. The County will notify the office of the Colorado Secretary of State if Motorola
violates this provision of this Contract and the County terminates the Contract for
such breach.
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
Eagle County, CO - Service Terms and Conditions — 10- 18266/JG Final 12 -2 -2010
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/JG Final 12 -2 -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
BOARD OF COUNTY COMMISSIONERS
Keith ontag, Eagle ' ounty Manager
Motorola:
�� ► � A
L. rraine Hoover
Customer Support Manager
Eagle County, CO - Service Terms and Conditions — 10- 18266/JG Final 12 -2 -2010
0 MOTOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise or troubleshooting on Equipment. The
Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists
who specialize in the diagnosis and resolution of system performance issues. Technical Support
Service: (i) does not include software upgrades that may be required for issue resolution; (ii) does not
include Customer training; (iii) is only available for those system types supported and approved by
Technical Support Operations and (iv) limited to Infrastructure currently supported by Motorola,
Technical Support is applicable to the following system types: ASTRO®, ASTRO■ 25, ARC 4000,
SmartZone'1 v2.0.3 and higher, SmartZone ® /OmniLinkiI E911, Private Data v2.0.3 and higher,
SmartNet ®, Conventional Two -Way, Wireless Broadband and Digital In -Car Video.
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.
2.1.1. If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the
System but may not be able to resolve the issue without the Customer replacing the
Infrastructure.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, and Restoration which includes providing a known fix for issue resolution
when available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as
needed.
2.5. Coordinate technical resolutions with agreed upon third party Vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or
remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services
described in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre - defined information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller,
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description of the problem.
3.3. Supply on -site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
Approved by Legal 11 - 20 - 09
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MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connectivity.
3.6. Remove video from Digital In -Car Video equipment prior to contacting Motorola. If Technical
Support assists the Customer in removing video, the Customer acknowledges, understands and
agrees that Motorola does not guarantee or warrant that it will be able to extract any captured
video or that any captured video will not be damaged, lost or corrupted.
3.7. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.8. 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 failure
• 33% of System down
• 33% of Site channels down
• Site Environment alarms (smoke, access, temp, AC power).
• This level is meant to represent a major issue that results in an unusable
system, sub - system, Product, or critical features from the Customer's
perspective. No Work - around or immediate solution is available.
Severity 2 • Response during Standard Business Day
• Significant System Impairment not to exceed 33% of system down
• System problems presently being monitored
• This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub - system, product, or major non - critical
features from a Customer's perspective
Severity 3 • Response during Standard Business Day
• Intermittent system issues
• Information questions
• Upgrades /preventative maintenance
• This level is meant to represent a minor issue that does not preclude use of
the system, sub - system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY RESPONSE
Severity 1 Within 1 Hour from receipt of Notification, Continuously
Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day
Severity 3 _ Within next Business Day, Standard Business Day
Approved by Legal 11-20-09 page 2 of 2
