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HomeMy WebLinkAbout20143977 RESOLUTION RE: APPROVE SERVICES AGREEMENT FOR SUBSCRIBER UNITS AND AUTHORIZE CHAIR TO SIGN - MOTOROLA SOLUTIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Services Agreement for Subscriber Units between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety and Communications, and Motorola Solutions, commencing January 1, 2015, and ending December 31, 2019, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Services Agreement for Subscriber Units between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety and Communications, and Motorola Solutions be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ars ATTEST: daisy Douglas Rademacher, hair Weld County Clerk to th= Barbara KirkmeyeroPro-Tem BY. Deputy CI'rk to the Boar. ° - Sean P. Conway c. F APPROVED AS TO FORM: `p Q 1 t Mike ��FrrrJeem County Attorney G��'' ' � P DEC 2 9 2014 William F. Garcia Date of signature: 2014-3977 Cc: en(nUlfg- ( 1pra /Z CM0024 Weld County Regional Communications Center r. 1551 N 17th AVE, STE 2 'p r GREELEY, CO 80631 c Phone: 970-350-9600 x4 Regional Fax: 970-304-6501 Communications WCRCC@WeldGov.com www.co.weld.co.us Date: 12-24-2014 To: Board of County Commissioners From: Mike Wallace Director of Public Safety Communications Per our work session on December 22, 2014, Attached are the annual maintenance contracts for Motorola. One being the Master Zone Controller, one being Weld County 9-1-1 for consoles, one for Weld County Tower infrastructure, and one being Weld County subscriber units. tit Michael R Wallace, ENP Weld County Director of Public Safety Communications 2014-3977 MOTOROLA SOLUTIONS SERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001017673 1301 East Algonquin Road Contract Modifier: RN 10-SEP-14 21:55:48 (800)247-2346 Date: 10/21/2014 Company Name: Weld County E911 Authority Board Required P.O.: No Attn: Customer# : 1035917840 Billing Address: 1551 N 17th Ave Bill to Tag# : 0017 City, State, Zip: Greeley,CO,80631 Contract Start Date: 01/01/2015 Customer Contact: Michael R Wallace Contract End Date: 12/31/2019 Phone: (970)304-6455 Anniversary Day: Dec 31st Payment Cycle: MONTHLY PO# : QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT ***** Recurring Services ***** SVC01SVC0097A SFS COMPREHENSIVE SERVICE AGREEMENT $2,949.00 $176,940.00 102 SVC413AE ENH: XTL5000 48 SVC414AE ENH: XTL2500 35 SVC415AE ENH: XTS1500 247 SVC417AE ENH: XTS2500 137 SVC420AE ENH: XTS5000 72 SVC496AE ENH: XPR6550 SVC01SVC1423C LOCAL RADIO SUPPORT SERVICE $29,850.16 $358,201.92 1235 SVC26AB XTS2500 685 SVC27AB ENH: XTS5000 360 SVC346AE XPR6550 240 SVC454AE ENH: XTL2500 175 SVC575AB XTS1500 - PORTABLE 510 SVC587AB XTL5000 - MOBILE SPECIAL INSTRUCTIONS-ATTACH Subtotal - Recurring Services $32,799.16 $535,141.92 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal -One-Time Event Services $ .00 $ .00 Total $32,799.16 $535,141.92 Taxes Grand Total $32,799.16 $535,141.92 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State MOTOROLA RADIO SUPPORT CENTER ELGIN IL WIRELESS ADVANCED COMMUNICATIONS EVANS CO I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. ATTEST: G ate%/ v t�"�+ BOARD OF COUNTY COMMISSIONERS Weld Co ty Clerk to the Bo• �� ti �- 4% WELD COUNTY, COLORADO BY: ( i sI ar . ._� , ) , I` Gt � Deputy Cler to the B. t ( ��� i�oug I saademacher,Chair DEC 2 9 2014 APPROVED AS TO FUNDI � APPROVED AS TO SUBSTANCE: 6U _64.11C Cif l� )c Controller Elected Official or Department Head APPROVED AS TO FORM: f�It4 /. Director of General Services County Attorn y Larry Mabry MSSSI Vice President&Director Sales / MOTORO E ENTATIVE( GNATURE) TITLE DATE Larry Mabry (303) 527-4051 MOTOROLA REP SENTATIVE(PRINT NAME) PHONE Company Name: Weld County E911 Authority Board Contract Number S00001017673 Contract Modifier: RN10-SEP-14 12:55:48 Contract Start Date: 01/01/2015 Contract End Date: 12/31/2019 Service Terms and Conditions Motorola Solutions, Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola 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 cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. At the end of the first year from the Effective Date and each year after, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase the current years and all future years' maintenance prices by the consumer price increase ("CPI") increase amount exceeding 3%. The All Urban Consumers-Denver-Boulder-Greeley, CO Consumer Price Index (Series ID CUURA433SA0, CUUSA433SAO, All Items, Not seasonally adjusted with Base Period 1982-1984=100) shall be used as the measure of CPI for this price adjustment. The CPI percentage change calculation will take place once the annual average for each new year has been posted by the Bureau of Labor Statistics. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 The Parties agree that the annual fees for the Services are based upon the assumption that this Agreement will be in effect for the full 5 year term; and if the Agreement is terminated before the end of the term, then a termination will be assessed equal to 5% of the annual price times the number of years the maintenance contract has been in effect ("Termination Fee"). The Termination Fee will be payable upon early termination and is not a penalty, but rather is a charge to compensate Motorola for Customer's failure to satisfy the full term on which the maintenance pricing was based. 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. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be 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 subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 If funds are not appropriated and budgeted in any fiscal year for payments due under this Agreement, Customer will immediately notify Motorola of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which the appropriation was made without penalty or expense to the Customer of any kind whatsoever, except to the extent that Customer has received a discount for a multi-year purchase. To the extent Motorola has delivered Equipment or performed Services prior to the last day of the fiscal for which the appropriation was made, Customer shall be liable for such Equipment and Services. 17.10 Motorola agrees that it is an independent contractor and that Motorola's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Motorola shall perform its duties hereunder as an independent contractor. Motorola shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Motorola, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Motorola or any of its agents or employees. 17.11 No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 17.12 This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. Statement of Work Service From the Start - LITE End Users 1.0 Description Service From the Start-LITE 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 Radio Support Center(RSC), or Federal Technical Support Center. In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start LITE includes service on single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. Service From the Start LITE excludes repairs to: optional accessories; standard mobile palm microphones; 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. Engraving service is not covered under standard Service From the Start LITE.This service does not cover defects,malfunctions,performance failures or damage to the unit resulting from physical, liquid,or chemical damage. An estimate for non-covered repairs will be provided for units displaying extensive damage. Service From the Start LITE is non-cancelable and non-refundable. If Equipment is added to the agreement subsequent to the Start Date,these units are also non-cancelable and non-refundable for the agreement duration. All added Equipment must be in"good working order"on the Start Date or when additional Equipment is added to the agreement. To ensure"good working order",added equipment will incur a time and material (T&M)repair fee if a repair is requested on that equipment within 30 days after being added to the agreement. Equipment may only be added to the agreement,via a customer signed or emailed Motorola Inventory Adjustment Form (IAF). Complete and accurate serial numbers and model descriptions must be supplied or the added unit will not be included under the agreement and will incur a T&M repair fee. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the 1st of the following month. Equipment add-on requests received after the 15th of the month will be effective the 1st of the next succeeding month. Equipment deletions from the agreement may only be deleted under the following limited conditions: a)Equipment was stolen and proof of theft is provided to Motorola; or b) Motorola determines Equipment is damaged beyond repair; or c)Motorola determines Equipment is no longer supportable or is obsolete; or d) Equipment had already been under a previous contract for at least the twelve month requirement. Equipment deletions,where applicable,will be effective at the end of the month in which the request was received. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable agreement and this Statement of Work,the provisions of this Statement of Work shall prevail. Service From the Start-LITE 08-25-14 2 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual (FM),and Mine Hazard Safety Association(MHSA). 2.2 Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup. If the Customer template or code plug is not usable,a generic template or code plug utilizing the latest Radio Service Software(RSS)or Customer Programming Software(CPS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. All Firmware is upgraded to the latest release for each individual product line. 2.3 Clean external housing of the Equipment. External components of unit will only be replaced when functionality has been diminished. 2.4 Pay the outbound freight charges. Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 2.5 Provide the Motorola repair request and Inventory Adjustment Form (IAF) via Motorola On Line(MOL). 2.6 Process inventory adjustment requests received by email or fax from Customer. If the request is received by email, Motorola will email an acknowledgement to the sender. 2.7 Perform covered services as requested by Customer on the Motorola repair request form. 2.8 If applicable, notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.1 Supply Motorola complete and accurate serial numbers and model description. 3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping 3.3 Access the Motorola repair request form and Inventory Adjustment Form (IAF)through Motorola On Line (MOL). 3.4 Initiate service request via Motorola On Line(MOL)or complete a Motorola repair request form with contract number referenced, and submit with each unit of Equipment sent in for service. Mobile control heads or accessory items sent in must reference the serial number of the main unit. 3.5 If desired,supply Motorola with a 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 tlashcode for each radio. 3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.7 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. 3.8 Local services or annual maintenance required for maintaining normal operation of the equipment,unless specified on the service agreement. Servicer 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 provided by the Servicer and not described in this Statement of Work. Local Radio Support 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;non-standard mobile microphones,mobile external speakers;optional or additional control heads, single and multiple unit portable chargers;batteries, mobile antennas; mobile power& antenna cables and power supplies. The following are excluded from Local Radio Support service unless they are purchased as option for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads The Servicer will provide Local Radio Support services to the Customer. The relationship between Motorola and the Servicer shall be as set forth in this Statement of Work(SOW). Subcontracts for Local Radio Support will be electronically posted by Motorola on Motorola's website for Servicers. Motorola reserves the right to alter, amend or change the scope of work with 30 days written notice to Servicer. All terms or Attachment C-Service Subcontract will remain in full force and effect during the term and any subsequent terms of this SOW 2.0 Motorola has the following responsibilities: 2.1 Provide the following Customer information to Servicer: 2.1.1. Customer name, contact and address. 2.1.2. System type and Equipment descriptions. 2.1.3. Site identification(site names, site ids,addresses and zip codes) 2.1.4. Provide Equipment list including type and quantity, when available. 3.0 Servicer has the following responsibilities: 3.1 Receive Equipment that is delivered by Customer. 3.2 Provide an operational check of Equipment to determine the nature of the problem. 3.3 Restore Equipment with external defects, or can be Restored without opening the radio case. 3.4 Remove/reinstall mobile or data Equipment from vehicles as needed for servicing. 3.5 Service shall be performed at the Servicer facility during Standard Business Days. 3.6 Notify the Customer upon completion of repair for pick up of Equipment. Servicer Statement of Work Local Radio Support: OnSite Option Pick-up & Delivery 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 designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. The OnSite Option of Local Radio Support SOW covers Equipment that is specifically named in the applicable Customer Agreement. Subcontracts for the Option will be electronically posted by Motorola on Motorola's website for Servicers. 2.0 Motorola has the following responsibilities: 2.1 Provide mutually agreed upon Customer location, days of week,and preferred time for pick up and delivery of Equipment as outlined in the Customer Support Plan. 3.0 Servicer has the following responsibilities: 3.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a 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. 3.2 Generate service ticket and leave with Customer. Servicer Statement of Work Local Radio Support: Radio Survey and Analysis Option 1.0 Description of Service: The Radio Survey and Analysis Option ("Option")provides for one annual operation test to ensure Customer's Equipment meets manufacturer's specifications. This Option will be provided during Standard Business Days at the Servicer facility. Subcontracts for this Option will be electronically posted by Motorola on Motorola's website for Servicers. 2.0 Motorola has the following responsibilities: 2.I Provide Customers'preferred schedule to perform the Radio Survey& Analysis. 3.0 Servicer has the following responsibilities: 3.1 Receive Equipment from Customer provided that Customer has given reasonable notice to Servicer prior to Equipment delivery. 3.2 Physically inspect the radio Equipment. 3.3 Remove any dust,and/or foreign substances from the Equipment. 3.4 Measure(original measurements and the adjusted measurements),record, align and adjust the following applicable Equipment parameters,to the frequency and modulation outlined in the Rules and Regulations of the Federal Communications Commission(FCC): 3.4.1. Receive frequency 3.4.2. Transmit frequency 3.4.3. Deviation 3.4.4. Transmitter power 3.4.5. Reflected power in antenna line(mobile antennas only) 3.4.6. Receive sensitivity 3.4.7. Audit output levels Servicer Statement of Work Local Radio Support: Antenna Replacement Program Option for Portables 1.0 Description of Service The Antenna Replacement Program Option for Portables("Option")provides for an operational check and Restoration of the portable antenna. Due to the nature of this Option,Customer's entire inventory of portables must be covered by this Option. Subcontracts for this Option will be electronically posted by Motorola on Motorola's website for Servicers. 2.0 Motorola has the following responsibilities: 2.1 No additional responsibilities. 3.0 Servicer has the following responsibilities: 3.1 Check and replace antenna as needed. Servicer Statement of Work Local Radio Support: Remote Control Head Option for Mobiles 1.0 Description of Service Remote Control Head Option for Mobiles provides for the Restoration of additional remote control heads, extended control heads,and Direct Entry Keypad(DEK) Plus that have become defective through normal wear and usage. Due to the nature of this Option, Customer's entire inventory of mobiles must be covered by this Option. Subcontracts for this Option will be electronically posted by Motorola on Motorola's website for Servicers. 2.0 Motorola has the following responsibilities 2.1 No additional responsibilities. 3.0 Servicer has the following responsibilities: 3.1 Restore remote control heads, extended control heads,and Direct Entry Keypad(DEK) Plus as needed. Servicer Statement of Work Local Radio Support: Remote Speaker Microphone Option for Portables 1.0 Description of Service Remote Speaker Microphone Option for Portables provides for the Restoration and/or replacement of remote speaker microphones that have become defective through normal wear and usage. This Option includes service to the remote speaker microphone cord that attaches to the portable. Due to the nature of this Option,Customer's entire inventory of portables must be covered by this Option. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. Subcontracts for this Option will be electronically posted by Motorola on Motorola's website for Servicers. 2.0 Motorola has the following responsibilities: 2.1 No additional responsibilities. 3.0 Servicer has the following responsibilities: 3.1 Restore and/or replace remote speaker microphones as needed. Hello