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R03-140RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC,, PROVIDING FOR THE MAINTENANCE OF THE RADIO SYSTEM FOR A TWELVE (12) MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $74,225.86; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period; NOW, THEREFORE, BE Zl' RESOLVED BY THE cz'rY COt.'It41'SSi'ON OF THE CZTY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute an Service Agreement between the City of Boynton Beach and Motorola, Inc., a copy of said agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this [~ day of August, 2003. Commissioner ~ I¥10~'OROI. A Attn: National Service Support 1307 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Ver. 4.6 Date: 4/8/2003 Ro3- o SERVICE AGREEMENT Agreement Order # · 0555013280600 Supersedes Agreement #(s) · 315002782 //' Company Name: Attn: Billing Address: City, State, Zip: Customer Contact: Phone: Fax: City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425 Phyliss Dixon 561-742-6032 561-742-6039 :Qty ! M_od_el/~Optipn _D._es_c ri p~t_io~n ...... SVC01SVC1102 SVC01SVC1104 , SVC01SVC1103 SVC01SVC1220 SVC01SVC1423 SVC01SVC1101 SVC01SVC1413 SVC02SVC0001 SVC02SVC0003 l Total Services: Dispatch Service Technical Support Service Network Monitoring Service Radio Repair Service Local Radio Support Service Infrastructure Repair With Advanced Replacement Service OnSite Infrastructure Response Service - Premier Option SP - Microwave Services SP - Software Subscription Agreement SUBTOTAL - RECURRING SERVICESi $ 6,185.49 $ 74,225.86 Required P.O.: No Customer # · 1000303040 Bill to Tag # · 0001 Contract Start Date: 10/01/2003 Contract End Date: Anniversary Date: 10/01/2004 Payment Cycle: Quarterly Tax Exempt: Yes PO # ' ~ Monthly Ext - / $ ...... ~, ~5.49~ ~ 741225.86 ................... ' SUBTOTAL ~ ONE_T~/E~T SERV CE~ -!$ : DOE~CI~R'~ITt%LNsII~IO/~Ut~/ItJI~I~'~ - ATTACH STATEMENT OF WORK FOR PERFORblANCE i - TOT~L~ $ 6~i~5.~9~ 7~225.86; list for equipment covered. ........ ~ ' T~ES~ ~ $ ~ GR~ND TOTAL[ $ 6,185.49 / ~ 7~2~ ~ THIS SERVICE ~OUNT IS SUBJECT TO STATE & LOCAL T~ING ~ JURISDICTIONS, TO BE ~RIFIED BY MOTORO~ ! [] I received Statements of Work that describe the services provided on this Agreement. SUBCONTRACTOR(S) CIT~_ Motorola- System Support Center Sch_au~.m_b_~rg_ ~IL Motorola - Rockford-BRANDED Rockford IL SUBSCRIBERS(CL723) Motorola - Team One Ft. Lauderdale POOL POOL ~-~OOL [] Motorola Service Terms & Conditions, a copy of which is attached to this Service A~ment, is incorporated)~rein by this reference. ../~ ,UTH(~IZED CU5 Phyli~e-~on .......... CJ~I~TO~R (PRINT NAIV~E) n I / ( ~' ~ ~ ~,~..~-----~-~. C?~t_o_mer Support Manager .... '~'~ ~ ~ ~ ..... ~A REPRESENTATIVE (SIGNATURE) TITLE DATE Cindee Smith 954-717-4686 954-676-9976 MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX SPC 4.6 Release Date: 9/30/02 Customer: Boynton Beach, City of Effective: 10/1/2003 Qty 5 4 8 5 1 46 217 97 239 1 1 1 5 Equipment Description Quantar Repeaters Centracom Gold Elite Consoles Control Stations RCH Digital Remote Moscad (1 PC, 1 Laptop, 1 RTU) Astro Spectra Mobiles LTS2000 LCS2000 XTS3000 Microwave System System Description Prime Site Dispatch Center Channels Service Terms Motorola. bic. through its Commercial, Govemmem. and Industrial Solutions Sector ¢'Motomla'). and the customer named in this Agreement ("Customer~ hereby agree as follows: Seclhm ! APPLICABILITY Theae Service Terms and Conditioos alYply to service cent~'acts whereby Motorola agrees to pmvitle to Costumer either (1) maintenance, support and/or other services onder a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Seclt~m2 DElqN ITIONS AN D IN TERPRETATION "Agraement' means these Servica Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, aH of which ate inenqx~'ated herein by this referent, in interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachmen~ unless the cover page or attachment specifically states otherwise. "Equipment" means the communication equipment that is specified in the attachments or is subsequently, added to this Agreement. 'Smvieas' mesm those installation, maintenance, support, training, and other services described in this Agreement. SucK~m3 ACCEPTANCE Ck~omer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writiag by Motorola. The term of this Agreernent will begin on the "Start Dale" indicated in this Agreement. Seclx~m4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed Statement of Work or other attachment. At Customer's request, Motorola may also l~'ovide additional services at Motorola' s then-applicable rates for such ser~ces. 4.2. If Motorola is providing Services for Equipment, MY. orola parts or parts of equal quality will be used; the Equipment will be Serviced at levels set forth in thc manufacturer's product manuals; end routine service prceedures that arc prcecrll}ed by Motorola will be fo Bowed. 4.3. If Crammer pun~has~ from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4_4_ All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete aerial and model number list of the EquipmenL Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out ofsorvice. Customer's obligation to pay See¢ice fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer most specifically identify any Equipment that is labeled intrinsically safe for use in hazardous enviroranents. 4.6. If Equipment caonot, in Motorola' s opinion, be properly or econemk'ally serviced for mW reason including exceasive wear, unavailability of parts, the state of technology, or practical infeasibtlity, Motucola may modify the scope of Services related to such Equipment; mnmr~e such Equipment from the Agreement; or increase the price to Service such Equipment_ 4.7. Customer must promptly notify Motorola directly of any Equ~ment faihne~ Motorola will respond to Customer's notification in a manner consktent with the level of Sorvice puccha~d as indicated in this Agreement_ S~cfl~m5 EXCLUDED SERVICES Service excludes the repair or replacement o£Equipment that has become defective or damaged ftom usc in other than the normal, cestoma~y, intended, and amhor~ed maturer; use not in compliance with applicable indosu~ standards; or accident, liquids, power surges, neglec~ acts of God or other force majenre events. Urde~ specifieallyincluded in this Agreement, Ser~ce excindns kerns that are consumed in the normal operation of the Equipment, such a~ batteries, mageetic tape~ etc_; upl~tding or re~o~amming Equipment; aceaasones, belt cl~s, ~ue~y charger~ en sram or special preducts, meddled oni~ or software; and repair or maimerrance of any um~smis~km line, amerma, microwave eq~.~mcm, tower or tower ]ighting~ cbiplexer, combiner, or mult~icr. Motorola has no obligat~os for any traosmiasion medium, such as telephone lh~, computer networks, the intemet or the worldwide web, or for Equipment malfnoction eaused by such traosmis~ien raedkrm. Secti~m6 TIME AND PLACE OE SERVICE Set,ce will be provided at the luc~on specified in this A~ee~ent. When Motorola pa~orms ~ce at C~omer's loc atior~. Costumer will l~rovida Motorola, at no charge, a non-hamrdons work envimanent with adequate shelter, heat, light, and power and with full and flee accc~ to the Equ~l~nent. Wak'ers of liability from Motorola or its subcontracmra will not be impased as a site acceas requu~rnent. Customer will provide all information I~X'taining t o the hardware and software elements of any system with which the Equipment is interfacing so that lV~tcmla may perform its ~'r~cns. Unless otber~ise stated in this Agreement, the hom~ of Set,ce will be 8:30 a.m. to 4~30 pJn~, local time, exclutlin§ weekends and hnlidays. Unleas otherwise stated in this Agreement, the p~ce for the Ser~ces exclude any charges or expenses aasociated with helicopter or other mmmal access requirements; if these charges or expermes are reasonably incurred by Motorola in renderin§ the Services, Customer agrees to mimbu~e Motorola for such chasges and expenses. Sectioa 7 CUSTOMER CONTACT Cust~ner will provide Mutm~la with ck~i~mated points of contact (list of names and phone nombe~) that will be available twen ty-foor (24) hours per day, seven (7) days per wec~ and an escalation procedure to enable Customer's persoenel to maintain contact, as nceded~ with Secli~m8 PAYMENT Unleas alternative payment tem~ me specifically stated in this A~ement, Motorola xvill invoice Customer in advance for each payment p eried~ AH o~cr char~es wi11 be billed monthly. and Costumer most pay each invoice in U.S. d~llars within twenty (20) days of the invoice date. Customer ~ to re~nborse Motorola for all property taxes, sales and use taxcs~ excise taxes, and other t~xes or a.~c~ments levied as a result of Ser~cns rendered under this Agreement (except income, profit, and fiauchise taxes of Motorola)by any guvernmcntal m~ity. Seclion9 WARRANTY Motorola warrants thatits Ser~ces under this Agreement will be flee of dofects in materials and workmanship for a l~nd of ninety (90) days fo llowing completion of those Services. In the event ufa breach o£this warranty, Cestomer's sole ramedy is to require Motorola to re-perform thc non-conforming ~ce or to refund, on a pro-rata bas~ the fees paid for the mm- conforming ~'r~ce. MOTOROLA DISCLALMS ALL OTHER WARRANTIES, E~PR~ OR IMPLIED, INCLUDING THE IMPLI~ WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seefl®n 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will g~ve to thnnon -performing party a written and detailed notice of the default. The non -l~,fomaing party Service Terms and Conditions Final R~v. 8/21/02 (CS^ formatt~:l) and Conditions will have thirty (30) days thereafter to provide a written plan to cure thc default that is acceptable to the other party and begin implementing thc cum plan immediately after plan approval. If the non- performing party fails to provide or implement the cure plan, then th e injured puny, 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 thc defaulting puny. 10.2. Any termination of this Agreement will not relieve either patty of oblJgefions p~avionsfy inetmed 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 termimfion of this Agtecment. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Szeli~u II LIMFFATION OF LIABILFIY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for p~soual injury or deafft, 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 e~ceed the price of the pttn'inos twelve (12) montlm of Service provided trader this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT TO THE FULL EXTENT SUCH DAMAGES MAY BE DISCLAIMED BY LAW, MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCX)NVENIENCE; LOSS OF USF~ TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER ~PECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT. Except for moncy due ulxm an open account, no action may be brought for a breach of this Agreement mine than one (1) year after the accrual of such cause of action. This limitation of liability will sursr~e the expiration or termination of this Agreement. SecfiUl~12 EXCLUSIVETERMSANDCON DITIONS 12.1. This Agreement supersedes all prior and conommat agreements and understandings between the purees, whether written or oral, misted to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for these expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both panties. 12.2. Cnstomer agrces to refi,-n'enen this Agreement on any purchase order issued in furtherance of this Agreement, however, an inadvertent omission of the referanco to this Agreement shall not affect its applicability, lu no event shall either party be bound by any terms contained in a Custemer purchase writings spacifieally ~er to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii)such pmehase order, acknowledgement, or other writings are signed by authorized representatives of buth parties. Seetto~ 13 PROPRIETARY INFORMATION;CONiqI~-,NTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or dats in the form of aPe°ficatioua, drav,~gs, reprints, technical information or otherwise furnished to Customer under this AI0ucmeot will remain Motmola's progerty, will be deemed propnetaqt, will be kept confidential, and will be promlXly returned at l~t~ola's requcst. Customer may not disclose, without Motorolaka written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligstiona set forth in this Section will survive the e~irafion or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Oastomer to Motorola will be deemed secret or eonfidentiei. Motorola will h ave no obligation to pt~ovide Customer with aceeas to its ennfidenfial and pr°prletsry information, including cost and pri cing data. 13.3. This Agreemera does not grant directly or by implication, estoppel, or raheradse, any owncmhip right or license undec any Motorola patent, oupyright, trade seereL or other intellectual propen'y including any intellectual property created as a resuh of or related to the Equipment sold or Services S~eliuu 14 FCC LICENSES AND OTHER AUTIIO RIZATIONS Customer is solely respoosble for obtaining licenses or other anthorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all roles and regulations required by such agmeics. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental ma tters. Sectlua 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) yem's the~aftor, Customer will not hire, engage on contract, solicit the employment o[ or reeorranend employment to any third party of any employee of Motorola or its subeoatractors without the la'lot written anthorization of Motorola. This provision applies only to those empbyecs of Motorola or its subcontractors who are ~espoosible for rendering services under this Agreement. if this pmvisiou is found to be overly broad under applicable }aw, it shall be mod4fied as nucessasy to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gnugea, models, drawings or other materials paid for or furnished by Motorola for the pa~pese of this Agreeraent will he ami remain the sole plx~et~ of Motraola. Costumer will safugosl'd all such property while it ia in Cnstmner's custody or conu'ol, be liable for any loss or damage to such propoay, and tatum it to Motorola upon request. Such pmpen'y will be held by Customer for Motomla's uae without charge and may be removed fi'om Costumer's premises by Motorola at any thne without restriction. SuclJnu 17 GENERAL TERMS 17.1. If any court renders any Portion of this Agreement onenforoeable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the pa~ties will be governed and inhal~z:ted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not o peeate as a waiver o f that right, power, or priviicge. 17A. Neither patty is liable for delays or lack of performance resulting frmn any causes such as strikes, material shortages, or acts of God that are beyond that party' s reasonable control. 17_5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Ag~n~ennent. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (I) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS F-.ITH-ER THE C~)V-ER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF l~X3 INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the aninversaxy date, Motorola may adjust the price of the Services to reflect its culreot rates. 17.7. If Motorola provides Selvices after the terrain arian or expiration of this Agn-=ornent, the terms and conditions in effec~ at the time of the termination or exph'afion will apply to those Se~4eea and Customer agl~es to pay for such services on a time and materials basis at Motorola's then effective hourly rates. MOTOROLA Statement of Work Dispatch Service 1.0 Description of Services The Call Center Operation (CCO) at Motorola's SSC provides Continuously a central point of contact for technical customer service requests. The CCO is staffed with customer support representatives who will coordinate the appropriate service response and resources. Service requests are tracked and monitored from creation to close through an electronic Case process. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this Statement of Work and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2. I. Continuously receive technical service requests from Customer or Motorola via telephone. 2.2. Open a Case and gather information from Customer 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 standard procedures and provide necessary Case information collected in section 3.2 2.4. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair verification preference as set forth in section 3.1. If verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.5. Ensure the required personnel have access to Customer information as needed. 2.6. Escalate the Case to the appropriate party upon expiration of a Response time. 2.7. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.8. Notify Customer of Case status via pager or email at the following Case levels as determined in section 3.1: 2.8.1. Open and Close; or 2.8.2. Open, Assigned, Arrival, Deferred, Closed. 2.9. Provide periodic activity reports to Customer. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with the following pre-defined information prior to service Start Date: 3.1.1. Case notification preferences 3.1.2. Repair verification preference 3.2. Call the SSC provide the following information to the customer support representative: 3.2.1. Assigned System ID number 3.2.2. Problem description and site location 3.2.3. Other pertinent information for Motorola to open a Case. 3.3. Verify with the SSC that Restoration is complete or System is functional, if required by Customer's repair verification preference stated in section 3.1. 3.4. Complete and submit all required database and escalation procedure forms to be entered and stored at the System Support Center. 3.5. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Dispatch Service to Customer. Statement of Work Technical Support Service 1.0 Description of Services The Technical Support Operation at Motorola's SSC provides to Customer's technical staff centralized remote telephone support for technical issues that require a high level of communications systems expetlise or troubleshooting on the Equipment. The Technical Support Operation is staffed with technologists who speg~li7g in the diagllosis and resolution of system performance issues. Technical Support Service (i) .~hnll not include software upgrades that may be required for issue resolution; ami (ii) is only avaihble for those system types supported and approved by Technical Support Operations, and (iii) is not a~ihble to provide Customer training via the telephone. Technical Support is applicable to the following system types: SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, and SmartNet The following equipment is not supported by Technical Support: Micor, DeskTrac Repeater Model gL35SUM7000, MSF 5000 Analog, NCP, and Darcom. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is o_-_oched and made a pa~ thereof by this reference, ff there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement glmll pp~-nrai~ 2.0 Motorola has the foUowing responsibilities: 2.1. Provide Technical Support Operation availability for all Severity One issues Continuously. 2.2. Respond to requests for the Restoration of failed Systems and to diagnose operation-affecting problems in accordance with the Response times defined in Table B and Severity Levels defined in Table C in Appendix 1 at the back of this Statement of Work. 2.3. Advise caller with procedure for determining ally additional requirements for ~ characterization, Restoration, or known fix for issue resolntio~ 2.4. Attempt remote access to System for remote diagnostics, if possible. 2.5. As needed, coordinate with the Servicer or Customer in the field until close of the Case. 2.6. Coordimte technical resolutions with agreed upon third ~ vendor(s), as neede~ 2.7. Esc~__l~t_e support issues to Motorola engineering and product groups, if necessary. 2.8. Provide a focal point for any Sys~mic issue and nmn~ge the Systemic issue to resolution. 2.9. Escalate the Case to the ~propriate party upon expiration of a Response time. 2.10. Provide remote assistance, if needed to ~ an Enlmncement Release provided pursuant to the Software Subscription Agreement. 2.11. Provide Configuration Change Support and Work Flow changes to Systems llmt have dial in capability. 3.0 Customer has the following responsibilities: 3.1. Complete and submit all required da~ase and escalation procedure forms to be entered and stored at the System Support Center prior to S~art Date. 3.2. Submit changes in any information supplied in the above documents to the Customer Support Manager prior to the change taking effect. 3.3. Contact the System Support Center in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreemem m~mber, site(s) in questions, and brief description of the problem. 3.4. Supply on-site presence when requested by System Support Center. 3.5. Validate issue resolution prior to close of the Case. 3.6. Allow Motorola remote access to the System. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support services to Customer. 3.8. Acknowledge that Cases will be lmndled in accordance with the times and priorities as defined in Table B and C in Appendix 1 at the back of this SOW. APPENDIX 1 TABLE B - Remote Technical Support Response Times SEVERITY RESPONSE Severity 1 Within 1 Hour from receipt of notification Severity 2* Within 4 Hours from receipt of notification Severity 3* Within next Business Day *Standard Business Days TABLE C-Severity Definitions Severity Level Severity 1 Severity 2 Severity 3 Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, AC Power) Response is provided Continuously. Significant System Impairment Response during Standard Business Day Parts Questions Upgrades Intermittent problems System problems presently being monitored Operational and informational questions Configuration Change Support and Work Flow procedure questions Response durin~ Standard Business Day. Technical Support Service Approved by Motorola Contracts & Compliance 04/09/02 ~ge2~2 Statement of Work MOTOROLA Network Monitoring Service 1.0 Description of Services Network Monitoring Service electronically monitors specific elements of the System for Events. When an Event is detected, it is forwarded to the Motorola System Support Center using system specific monitoring tools. The System Support Center is staffed with trained technologists, who acknowledge the Event, run available diagnostic routines, and initiate an appropriate response. Network Monitoring Service is applicable to the following system types: SmartZone, SmartZone/OmniLink v2.0.3 and higher, E911, Private Data v2.0.3 and higher with a WNG box, and SmartNet. The following equipment is not supported by Network Monitoring Service: Private Data systems without a WNG box, Micor, DeskTrac Repeater; MSF 5000 that are not part ora SmartZone system; MTR 2000; MSR 2000; and NCP Data Base Stations. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.8. 2.9. 2.10. 2. I. Recommend and coordinate installation of any needed connectivity or monitoring equipment. 2.2. Provide dedicated 56k frame relay necessary for monitoring SmartZone, SmartZone/OmniLink, and Private Data system types. 2.3. Verify connections and Event monitoring prior to System Acceptance or Start Date. 2.4. Monitor System Continuously. 2.5. Access the Customer's System to perform remote diagnostics as indicated per Customer in section 3.6. 2.6. Create a Case when action is required. 2.7. Disable and enable System devices as needed for Servicers who go to the Customer's site when intervention is needed. Verify service of Event as needed. Provide activity reports to Customer on Case history. Provide Performance Reports for SmartZone, SmartZone/OmniLink, and Private Data System types. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola remote access Continuously to obtain System performance data. 3.2. Purchase any connectivity or monitoring equipment as determined by Motorola. 3.3. Cover any installation costs of connectivity or monitoring equipment. 3.4. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.5. Allow Servicers access to Equipment (including any connectivity or monitoring equipment) if remote service is not possible. 3.6. Order and maintain dedicated dial-up phone lines for telephone service for SmartNet and E911 system types. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Network Monitoring Service to Customer. Network Management Service Approved by Motorola Contracts & Compliance 10/03/01 Page 1 of 2 APPENDIX 1 Severity Definitions Severity Level Severity 1 Severity 2 Severity 3 Problem Types Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, AC Power) Response is provided Continuously Significant System Impairment System problems presently being monitored Response during Standard Business Day Pans Questions Upgrades Intermittent problems Response durin~ Standard Business Day. Network Management Service Approved by Motorola Contracts & Compliance 10/03/01 Page 2 of 2 MO~ROLA Statement of Work Radio Repair 1.0 Description Radio Repair provides board level service for the Equipment that is specifically named in the applicable Agreement to which this Statement of Work (SOW) is attached or any of the Agreement's subsequent revisions. Services are performed at the designated Motorola facility. In addition to Equipment specifically named in the applicable Agreement to which this Statement of Work is attached, Radio Repair includes service on standard palm microphones and single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. Additional mobile control heads are covered only with purchase of the applicable service option. Radio Repair excludes repairs to: optional accessories; non-standard mobile microphones; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; single and multiple unit portable chargers; batteries; mobile power and antenna cables; mobile antennas; portable antennas, and power supplies. New Equipment purchases will only be added upon Customer request. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable Agreement and this SOW, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipment to Motorola factory specifications. 2.2 Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup diskette. If the Customer template is not usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to restore the original template. 2.3 Clean external housing of the Equipment. 2.4 Pay the outbound freight charges for next day shipping. 2.5 Pay the inbound freight charges only if the Customer uses the Motorola designated delivery service. 2.6 Provide Customer with the Motorola repair request form and inventory adjustment form. 2.7 Process inventory adjustment requests received by fax or email from Customer. If the request is received by email, Motorola will email an acknowledgement to the sender. 2.8 If applicable, notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.1 Utilize the Motorola designated delivery service program for inbound shipping. 3.2 Pay freight insurance charges for declared values in excess of $100 on inbound shipments. 3.3 Complete a Motorola repair request form and submit it with each unit of Equipment sent in for service. Mobile control heads or accessory items sent in must reference the serial number of the main unit. 3.4 If desired, supply Motorola with a 3.5" backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. This step must be completed for Equipment that will not power up. If applicable, record the current flashcode for each radio. 3.5 If Motorola must utilize a generic template to Restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. Complete a copy of the Motorola inventory adjustment form (IAF) for Equipment additions or deletions and submit it to Motorola. Radio Repair Approved by Motorola Contracts & Compliance 8/1/01 Page 1 of 1 )MO'rOROLA Statement of Work Local Radio Support 1.0 Description of Service Local Radio Support provides an operational check of Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. An operational check is an analysis of the Equipment to identify external or internal defects. If the Equipment has an external defect, or can be Restored without opening the radio case, the Equipment will be Restored and returned to Customer. If the Equipment has an internal defect, or is not serviceable without opening the radio case, then the Equipment will require additional service not described in this Statement of Work. In addition to Equipment specifically named in the applicable Agreement to which this Statement of Work is attached, Local Radio Combo Package includes service on standard palm microphones and single mobile control heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Local Radio Support excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; single unit portable chargers; batteries, mobile antennas; portable antennas; and mobile power and antenna cables. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 3.0 Motorola has the following responsibilities: 2.1. Service to be performed at the Servicer facility during Standard Business Days. 2.2. Perform an operational check on Equipment to determine the nature of the problem. 2.3. Remove/reinstall mobile or data Equipment from/to vehicle as needed for servicing. Customer has the following responsibilities: 3.1. Deliver and pick up Equipment to/from the Servicer facility. 3.2. Inform Servicer of description of problem for Equipment brought in for service. 3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Support service to Customer. Local Radio Support Approved by Motorola Contracts & Compliance 8/1/01 Page 1 of 1 Statement of Work Mo'rOROLA Local Radio Support OnSite Option 1.0 Description of Service For the OnSite Option ("Option"), equipment will be picked up from and delivered to the Customer's location within a 30-mile radius of the Servicer facility. This Option allows for two scheduled pickups per week. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1. Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. Ifa pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2. Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1. Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2. Provide problem description along with Equipment. Statement of Work MOTOI~OLA Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair provides repair service to Motorola and select third party Infrastructure as set forth in the applicable attached Exhibits, all of which are hereby incorporated by this reference. Customer's System type determines which Exhibit is applicable (i.e. Exhibit A is for SmartZone systems, Exhibit B is for SmartNet systems). Equipment is serviced down to the component level at the Motorola Infrastructure Depot Operations ("lDO"). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Equipment is no longer supported by the original equipment manufacturer, Motorola may replace Equipment with a comparable/compatible or like Equipment, when possible. When available, Motorola will provide Customer with an Advanced field Replacement unit(s) "FRU(s)" in exchange for Customer's malfunctioning FRU (s). Non-standard configurations and Customer-modified units are excluded from this service. Malfunctioning FRU (s) will be evaluated and repaired by Motorola's (IDO) and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not an option, such as when the Customer requires the exact serial number in order for Equipment to be returned, FRU may be available on a loaner basis. 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. Maintain and provide access to an inventory of FRU, subject to availability, that can be shipped from IDO to Customer or Servicer upon request as described in 3.1. IDO reserves the right to provide new or reconditioned units as FRU. The FRU will be of the same kit and version, and will contain similar boards and chips, as the Customer's malfunctioning FRU(s). 2.2. Program FRU which will be exchanged with Customer's malfunctioning unit to original operating parameters based on templates provided by Customer. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.3.Properly package and ship FRU from IDO's FRU inventory to Customer specified address. 2.3.1. A FRU is sent next day air (paid by Motorola) via Federal Express Priority Overnight or UPS Red unless otherwise requested. Shipments outside of the above mentioned carrier programs, such as NFO (next flight out), are subject to additional charges to be paid by Customer. 2.3.2. Motorola will pay shipping and handling during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. Shipments outside standard business hours are subject to additional shipping and handling charges to be paid by Customer. 2.3.3. When sending the FRU to Customer, provide a return air bill in order for Customer to return the Customer malfunctioning FRU. 2.4. Receive Equipment from Customer and document its arrival, repair and return. Provide return authorization numbers when requested as mentioned in 3.1. 2.5. Perform the following service on Motorola Equipment: 2.5.1. Perform an operational check on the Equipment to determine the nature of the problem. 2.5.2. Replace malfunctioning Components with new or reconditioned assemblies. 2.5.3. Verify that Motorola Equipment is returned to Motorola manufactured specifications, as applicable. 2.5.4. Perform a Box Unit Test on all serviced Equipment. 2.5.5. Perform a System Test on select Equipment. 2.6. Provide the following service on select third party Infrastructure: 2.6.1. Perform pre-diagnostic and repair services to confirm Equipment malfunction and eliminate sending Equipment with no trouble found (NTF) to third party vendor for repair, when applicable. Infrastructure Repair with Advanced Replacement (cont.) 3.0 MOTOROLA 2.6.2. Ship Equipment to the original equipment manufacturer or third party vendor for repair service. 2.6.3. Coordinate and track Equipment sent to the original equipment manufacturer or third party vendor for service. 2.6.4. Perform a post-test to confirm malfunction Equipment has been repaired and functions properly in a Motorola System configuration, when applicable. 2.7. Reprogram Equipment to original operating parameters based on templates provided by Customer per 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 Equipment is due to a Software defect, lDO reserves the right to reload Equipment 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. 2.8. Properly package and return ship (Motorola will pay return shipping charges) Equipment to the Customer specified address or if Customer FRU was exchanged with an lDO FRU, return Customer's FRU(s) to IDO's FRU inventory upon completion of repair. Customer has the following responsibilities: 3.1. Contact the Motorola System Support Center (SSC) and request an advanced FRU exchange or a return authorization number (for all other repairs) prior to shipping malfunctioning Equipment or third party Infrastructure named in the applicable attached Exhibit. The initial call to the SSC may be from Servicer if, pursuant to a Statement of Work or other applicable Agreement, Servicer is acting on Customer's behalf. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Equipment. 3.1.2. Indicate if the Equipment or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Equipment being sent in for service. 3.1.3. Provide Customer purchase order number to secure payment for any cost as set forth in paragraph 2.3.1, 2.3.2., 2.7 or 3.2 3.2. Upon receipt of the FRU from IDO's FRU inventory, properly package Customer's malfunctioning Equipment and ship the malfunctioning Equipment to IDO within five (5) days for evaluation and repair as set forth in 2.4. Customer must send the return air bill, referenced in 2.3.3 above back to lDO in order to ensure proper tracking of the return. Customer will be subject to a replacement fee for FRU not properly returned. For Equipment and/or third party Infrastructure repairs that are not exchanged in advance, properly package Equipment and ship the malfunctioning FRU (freight prepaid by Customer) to Motorola. Clearly print the return authorization number on the outside of the packaging. Customer is responsible for properly packaging the Customer FRU or IDO FRU to ensure that the shipped Equipment arrives un- damaged and still in repairable condition. 3.3. Maintain templates of Software/applications and Firmware for reloading of Equipment as set forth in paragraph 2.2 and 2.7. 3.4. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Equipment over seven (7) years from product cancellation date. 2. Physically damaged Equipment. 3. Third party equipment not shipped by Motorola with the original System. 4. Consumable items including but not limited to batteries, connectors, cables, tone/ink cartridges. 5. Test Equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. Infrastructure Repair with Advanced Replacement Approved by Motorola Contracts & Compliance 09/19/02 Page 2 of 2 Base Station(s) and Repeater(s) Central Electronics Bank(s) Channel Bank(s) Computer(s) Controller(s) -Thinking Dictaphones and Recording Equipment Digital Interface Unit(s) Digital Signaling Modem(s) Digital Voice Modem(s) Embassy Switch Management Terminals MBEX(s) or NOVA Interconnect Microwave Equipment Monitor(s) Moscad Network Fault Management Printer(s) Excludes aH Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antenna.% cables, towers, tower lighting, and transmission lines. Includes: (~mntar, Quantro, Digital MSF5000 and MTR2000 ONLY. Includes Logging Recorder Interface and Network Hub Includes Pgemisys and Telco. Excludes Siemens Includes Spectratac~ Digitac, and AstrOtac Comparators. Includes computers (Pentium I, II, IIL IV) directly interface with or control the comm~mications System, including Sitcl~ns and Systemwatch II. Includes keyboards, mice and trackball~ Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-bmod cathode ray tubes CRT(s) and burned-in fiat panel display image reteniion. Includes consoles (Centracom 1I, Centracom Gold Classic, Centmcom Gold Elite) as part of complete communication system - ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Includes SmartNet II Prime and Remote Controllers. Excludes SSMT and SCMS controllers. Exclndes aH types and models. Included Refer to the IDO Support matrix for Model exclusions Refer to the lDO Support matrix for Model exclusions Includes AEB, AIMI, ZAMBI Includes computers (Pentinm I. II, m, IV) directly interface with or control the communications System, inclt~ing SiteLens and Systemwatch II. Excludes laptop computers and aH 286, 386, 486 computers. Included Excluded from service agreement but may be repaired on an above contract, Time aM Material basis. All equipment must be shipped to IDO. Excludes any on-site services. Includes aH 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 fiat panel display image retentior~ Only NFM (Network Fault Management), as part of Communication System only. Standalone MOSCAD must be quoted separately. Excludes System Control and Data Acquisition (SCADA) and Fire alarming systems. Includes Full Vision. Excludes N-MC Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Qhmmar and MTR2000, ASTRO-TAC Receivers. Simulcast Distnlmtion Included Amplifier(s) Site Frequenc~ Smudard(s) Universal Simnlcast Controller Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. 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 lDO for repair. Excludes any on-site services. Excludes aH batteries. Zone Manager Excludes HP715/33, lip 715/50 servers. Excludes x-terminals NDS 14C and NDS 17C Zone Controller(s) Includes console terminals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. InfrastmcUn~ Repair with Advanced Replacement Approved by Motorola Contracts & Compliance 09/19/02 Statement of Work OnSite Infrastructure Response - Premier Option 1.0 Description of Service OnSite Infrasmgage Response provides for on-site technician Response as determined by preqtefined severity levels set forth in Table C and Response times set forth in Table A-1 in order to Restore the System. The teams and conditions of this Statement of Work (SOW) are an integral prat of the Motorola Service Agreement or other applicable Agreement to which it is anached and made a part thereof by this reference. ff there are any inconsistencies between the provisions of this SOW and the pglyvisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responm~ilities: 2.1 ffMotorola is providing Technical Support service (via an additional Statement of Work) in addition to this OnSite Infra.,a~acture Response serdce, Motorola wffi first respond in accordance with Technical Support service Statement of Work and Table B herein, unless required to Respond otherwise in the Comm~mications System Agreement or other applicable Agreement. fi, in the performance of the Technical Support responsibilities, Motorola determines that an on-site technician is necessary, dispatch will occur promptly after such determination is made and on-site response will occur in accordance with Table A-2. 2.2 ff Motorola is not providing Technical Support but only providing OnSite Infrastructure Response, Motorola will respond in accordance with this Statement of Work and Tables A-1 and C. 2.3 Perform diagnostics on the Component/Field Replaceable Unit (FRLD/assembly 2.4 Restore the System by replacing defective Component/FRU/assembly: 2.4.1 FRU and assembly will be provided by Cnstomer. 2.5 Provide materials, tools, documentation, physical planning manuals, diagnostic and test equipment necessary to perform the Maintemmce service. 3.0 Customer has the following responsibilities: 3.1 Establi~ ami maintain a suitable environment (heat, light, and power) for the Equipment locatien and provide the Senricer full, free, and safe access to the Equipment so that the Servicer may provide services. All sites ~qhall be accessible by standard sendce vehicles. 3.2 Supply FRU or assembly as needed in order for Motorola to Restore the System as set forth in paragraph 2.4.1 3.3 Maintain and store any and all Software needed to Restore the System. 3.4 Cooperate with Motorola and perform all acts that are reasonable or neck_tory to enable Motorola to provide the OnSite Infrastructure Response services to Customer. Table A-I - OnSite Response Times Severity Level Response Time Severity 1 Within 2 hours from receipt of notification Severity 2* Within 4 hours from receipt of notification* Severity 3* Within 24 hours from receipt of notification* Page 1 of 2 Table A-2- OnSite Response Times with Remote Technical Support Response Times Severity 1 Within I hour from receipt of request for Technical Suppork On-site within 2 hours from time of dispatck Severity 2* Within I hour from receipt of request for Technical Support On-site within 4 hours* from time of dispatch* Severity 3* WJlhin next Buginess Day from receipt of request for Technical Support*. On-site wilhin 24 hours from time of dispatch* *Denotes that these response times are applicable only during Slandard Business Day. Severity 1 Response Times are applicable Continuously. Table B- Remote Technical Support Response Times Severity 1 Within 1 Hour from receipt of notification Severit~ 2* Within 4 Hours from receipt of notification Severit)' 3* Within next Business Day * Denotes that these response times ate applicable only during Standard Business Day. Severity 1 Response Times are applicable Continuously. Table C -Severity l~t'mitio~s Severity 1 Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, A/C Power) Response is provided Continuously Severity 2 Significant System hnpaitment Response is provided Standard Business Day Severity 3 Parts Questions Upgrades Intermittent problems System problems presently being monitored Operational and inform~onal questions Configuration Change Support and Work Flow procedure questions Response is provided Standard Business Day. OnSite Infrastru~ Response - Premier Option Approved by Motorola Contracts & Compliance: 04/03/02 Page 2 of 2 Statement of Work SP- OnSite Microwave Response - Premier Option 1.0 Description of Service OnSite Microwave Response provides for on-site technician Response as determined by pre-defined severity levels set forth in Table C and Response times set forth in Table A-1 in order to Restore the System. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1 If Motorola is providing Technical Support service (via an additional Statement of Work) in addition to this OnSite Microwave Response service, Motorola will first respond in accordance with Technical Support service Statement of Work and Table B herein, unless required to Respond otherwise in the Communications System Agreement or other applicable Agreement. If, in the performance of the Technical Support responsibilities, Motorola determines that an on-site technician is necessary, dispatch will occur promptly after such determination is made and on-site response will occur in accordance with Table A-2. 2.2 If Motorola is not providing Technical Support but only providing OnSite Microwave Response, Motorola will respond in accordance with this Statement of Work and Tables A-1 and C. 2.3 Perform diagnostics on the Component/Field Replaceable Unit (FRU)/assembly 2.4 Restore the System by replacing defective Component/FRU/assembly: 2.4.1 FRU and assembly will be provided by Customer. 2.5 Provide materials, tools, documentation, physical planning manuals, diagnostic and test equipment necessary to perform the Maintenance service. 3.0 Customer has the following responsibilities: 3.1 Establish and maintain a suitable environment (heat, light, and power) for the Equipment location and provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services. All sites shall be accessible by standard service vehicles. 3.2 Supply FRU or assembly as needed in order for Motorola to Restore the System as set forth in paragraph 2.4.1 3.3 Maintain and store any and all Software needed to Restore the System. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the OnSite Infrastructure Response services to Customer. Table A-1 - OnSite Response Times Severity Level Response Time Severity 1 Within 2 hours from receipt of notification Severity 2* Within 4 hours from receipt of notification* Severity 3' Within 24 hours from receipt of notification* OnSite Infrastructure Response - Premier Option Approved by Motorola Contracts & Compliance: 04/03/02 Page 1 of 2 Table A-2 - OnSite Response Times with Remote Technical Support Response Times Severity Level Response Time Severity 1 Within 1 hour from receipt of request for Technical Support. On-site within 2 hours from time of dispatch. Severity 2* Within 1 hour from receipt of request for Technical Support. On-site within 4 hours* from time of dispatch* Severity 3* Within next Business Day from receipt of request for Technical Support*. On-site within 24 hours from time of dispatch* *Denotes that these response times are applicable only during Standard Business Day. Severity 1 Response Times are applicable Continuously. Table B - Remote Technical Support Response Times Severity Response Severity 1 Within 1 Hour from receipt of notification Severity 2* Within 4 Hours from receipt of notification Severity 3* Within next Business Day * Denotes that these response times are applicable only during Standard Business Day. Severity 1 Response Times are applicable Continuously. Table C -Severity Definitions Severity Level Problem Types Severity 1 Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, A/C Power) Response is provided Continuously Severity 2 Significant System Impairment Response is provided Standard Business Day Severity 3 Parts Questions Upgrades Intermittent problems System problems presently being monitored Operational and informational questions Configuration Change Support and Work Flow procedure questions Response is provided Standard Business Day. OnSite Infrastructure Response - Premier Option Approved by Motorola Contracts & Compliance: 04/03/02 Page 2 of 2 Statement of Work SP- Software Subscription Agreement 1.0 Description of Service Motorola provides Software releases by means of a Software Subscription Agreement ("SSA"). As more thoroughly discussed in the SSA, Motorola will provide to Customer periodic bulletins which announce and explain available Enhancement Releases and Core Releases for Motorola Software for use with upgrade-capable Motorola Equipment covered by the SSA. 2.0 Motorola has the following responsibilities: 2.1 Provide to Customer bulletins announcing Enhancement Releases and Core Releases. 2.2 Provide to Customer available Enhancements Releases and Core Releases as ordered by Customer. If Customer orders a new Enhancement Release or Core Release, provide those Standard Features included in the release which apply to Customer's existing system components. 3.0 Customer has the following responsibilities: 3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core Release. 3.2 Pay any charges associated with additional engineering or hardware required for each Enhancement Release or Core Release that Customer chooses to order and install. Additional engineering may be required if Customer's System has specially developed options. 3.3 Use the Software and releases in accordance with the terms of the Motorola software license agreement executed by Customer, or Motorola's standard software license terms if no license was signed. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Software Subscription Agreement services to Customer.