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Item F2 BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I AGENDA ITEM SUMMARY Meeting Date: October 15, 2014 Division: EMggegcy Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Holly Pfiester 289-6088 AGENDA ITEM WORDING: Approval of an agreement with Motorola Solutions, Inc.,commencing on October 1,2015 and running through September 30, 2015 with automatic annual renewals thereafter until terminated, for the service, maintenance, and support of existing mobile communications equipment, and any additional mobile communications equipment purchased from Motorola, and approval the Fire Chief to sign all documents as needed to complete the transaction. ITEM BACKGROUND: This past year's preventative maintenance and calibration contract has provided Monroe County Fire Rescue(MCFR) to send all radios,directly to the manufacturer(Motorola) providing for safe, effective communications and reduced radio failures. This annual maintenance is in addition to any unforeseen needed repairs throughout the year. Since implementing this fixed-cost service,the County has saved money both in staff time, and reduced expenses of individual unit repairs, due to the preventative care. PREVIOUS RELEVANT BOG ACTION: On August 21, 2013, the Board approved Item F3 agreement with Motorola Solutions, Inc. for$14,759.16 commencing on September 1, 2013 running through September 30, 2014, CONTRACT/AGREEMENT CHANGES: Motorola has exercised its option, per the initial agreement,to adjust the price of their services to reflect its current rates. The initial 13-month contract price was$14,759.16. The contract price on this annual renewal increases to$14,773.68 an 8.401�0 increase over last year. STAFF RECOMMENDATIONS: Approval TOTAL COST: FYI 5 = $14,773.68 BUDGETED: Yes X Na COSTTO COUNTY: $14,773.68 SOURCE CIF FUNDS: I,INQ-530340 REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing_&, Risk Managementzl�l DOCUMENTATION: Included X Not Required.......... DISPOSITION: AGENDA ITEM BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I CONTRACT SUMMARY Contract with: Motorola Solutions, Inc. Contract#— S00001022174 Effective Date: 10/01/2014 Expiration Date: 09/30/2015 Contract Purpose/Description: Qne-year term agreement with Motorola Solutions, Inc., commencing on October 1. 2015 and running througb SeRtember 20, 2015 with automatic annual renewals thereafter until terminated, for the service, maintenance, and support of existing mobile communications gguil2mgm. and any additional mobile communications equipment purchaged fr m Motorola, and approval the Fire Chief to ign all documents as needed t com, lete the transaction. Contract Manager: Holly Hester 6088 Emergency Services Stop 14 (Name) (Ext.) (Department/Stop#) For BOG meeting on 10/15/2014 Aaenda Deadline: 09/30/2014 CONTRACT COSTS Total Dollar Value $14,773.68 year Current Year(FY 14) $14,773.68 of Contract: Portion: Lump sum payment Budgeted? "Yes® No ❑ Account Codes: 11500-530340 Grant: $ NSA County Match: S N/A ADDITIONAL COSTS Estimated Ongoing Costs: S For: S 0 (Not included in dollar value above) (eg. maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director I :V-/rYesE:l No Risk Management ,L94YYesM N O.M.B./Purchasing l Yes[] NoE 1 .74.70�f County Attorney Yesf-1 NoF-1 zl;q0*- Comments: OMB Form Revised 2i27/01 MCP#2 0 MOrOJITOLA SOLUTIONS SERVICES AGREEMENT Attn:National Service Supportl4th fl Contract Number: S00001022174 1301 East Algonquin Road Contract Modifier: RN21-AUG-14 15:37:14 (800)247-2346 Date:09/03/2014 Company Name: Monroe County Board Of County Required P.O.: No Commissioners Attn: Customer#: 1000961187 Billing Address: 490 63rd St Ste 140 Bill to Tag#: 0001 City, State,Zip: Marathon,FL,33050 Contract Start Date: 10/01/2014 Customer Contact. Contract End Date: 09/30/2015 Phone. Anniversary Day: Sep 30th Payment Cycle: MONTHLY PO OTY MODEUOPTION SERVICES DESCRIPT10N MONTHLY EXTENDED EXT AMT Recurring Services ***** SVC01 SVC0097A SFS COMPREHENSIVE SERVICE AGREEMENT 41 SVC415AE ENH:XTS1500 $285.77 $3,429.24 115 SVC417AE ENH:XTS2500 $801.55 $9,618.60 4 SVC420AE ENH:XTS5000 $27§88 $334,56 SVC0ISVC1220C SFS LITE SERVICE AGREEMENT I SVC495AB XTL5000-MOBILE $141 $40.92 33 SVC688AD ENH:XTI 7500 $112.53 $1,350.36 SPECIAL INSTRUCTIONS-ATTACH Subtotal-Recurring Services $1,231.14 $14,773.68 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal—One-Time Event Services $.00 $ .00 Total $1,23114 $14,77168 SERVICE AGREEMENT TO PROVIDE Taxes I T - COMPREHENSIVE COVERAGE ON 41 Grand Total 1 _$1,231.14 $14,773.68 XTS1500,115 XTS2500 AND 4 XTS5000 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING RADIOS AND RADIO REPAIR FOR 1 XTL5000 JURISDICTIONS WHERE APPLICABLE,TO BE VERWIED BY MOTOROLA, AND 33 XTL2500 RADIOS.SEE ATTACHED SERIAL NUMBER LIST FOR RADIOS COVERED. Subcontractor(s) CI State MOTOROLA RADIO SUPPORT CENTER ELGW IL I received Statements of Work that describe the services provided on this Agreement.Motorola's Service Terms and Conditions,a copy of which Is attached to this Service Agreement is Incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER(PRINT NAME) MONROE QQ1JN1YA,=0R MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE AP 0' N T H 1111 ASSISTA T COUNTY ATTORNEY Date....... '6— tzo Cindee Markes 954-723-4718 Mt TOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Monroe County Board Of County Commissioners Contract Number: S00001022174 Contract Modifier: RN21-AUG-1415:37:14 Contract Start Date: 10/01/2014 Contract End Date: 09/30/2015 ,m..onroe County Fire Pricing Breakdown SFS Comprehensive Service Agreement Monthly Cost Qty Model Type Monthly Cast Each Extended Annual Cost 41 XT51500 $ 6.97 $ 285.77 $ 3,429.24 115 XTS2500 $ 6.97 $ $01.55 $ 9,618.60 4 XTS5000 $ 6.97 $ 27.88 $ 334.56 SFS Lite Service Agreement Monthly Cast Qty Model Type Monthly Cost Each Extended Annual Cost 1 XT1.5000 $ 3.41 $ 3.41 $ 40.92 33 XT1.2500 $ 3.41 $ 112.53 $ 1, 50.36 Annual Grand Total $ 14,778.68 3 Service Terms and Conditions Motorola Solutions, Inc. ("Motorola")and the County named in this Agreement(*County")hereby agree as follows: Section I APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to County 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 21. "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 a list provided by Monroe County to Motorola with serial numbers. Monroe County reserves the right to revise the list from time to time. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE County 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 County'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. 4.1 If County 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. 4A. 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, County will provide a complete serial and model number list of the Equipment. County must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. County'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. County must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. Service Terms and Conditions.Rev 1,1 2.12.doc(CSA formatted) ,4 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. County must promptly notify Motorola of any Equipment failure. Motorola will respond to County'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 County's location, County 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. County 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, County agrees to reimburse Motorola for those charges and expenses. Section 7 COUNTY CONTACT County 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 County's personnel to maintain contact,as needed,with Motorola. Section 8 PAYMENT Motorola will bill the County monthly and the County will pay the Invoice in accordance with the Florida Local Government Prompt Payment Act, Sections 218.70 et seq, Florida Statutes. 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, County's sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rats basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, Service Terms and Conditions,Rev 1.12,12,doc(CSA formatted) INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULTITERMINATION 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 County 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 Both the County and Motorola agree that either party may terminate this Agreement at any time without cause upon sixty(60)days advance written notice to the contact address listed on the cover page of the Services Agreement. In the event of such termination, the County shall be obligated to pay Motorola for pro-rated service fees up to and including the date of termination and the County shall have no further legal obligations pursuant to the Agreement. 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. County 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 County 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. Service Terms and Conditions.Rev 1,12.12.doc(CSA formatted) 6 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 fumished to County 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. Subject to the requirements of Florida Public Records law contained in Chapter 119, Florida Statues, County 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 County to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide County with access to its confidential and proprietary information, including cost and pricing data. 111 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 County 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 County 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, County 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 fumished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. County will safeguard all such property while it is in County'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 County for Motorola's use without charge and may be removed from County'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. 17.1 Failure to exercise any right Will not operate as a waiver of that right,power, or privilege. Service Torms and Conditions.Rev 1.1 2,12,doc(CSA formatted) 7 17A. 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 County. 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. Notice by Motorola of the adjusted rates must be given to the County at least ninety(90)days in advance of the current Contract End Date. 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 County agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 The County's performance and obligation to pay for the services pursuant to this agreement, is contingent upon adequate appropriations by the Monroe County Board of County Commissioners. The County shall notify Motorola Solutions Inc. promptly if such appropriations are not made, This Service Agreement will be effective only upon Motorola's receipt of a Purchase Order for the year or written confirmation that funds are appropriated and available for the applicable maintenance year. 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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;nonstandard 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 Equipment must be in good working order on the Start Date or when additional Equipment is added to the agreement.Equipment may only be added to the agreement,via a customer signed or emailcd Motorola Inventory Adjustment Form(IAF).Complete and accurate serial numbers and model descriptions must be supplied. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the I st of the following month.Equipment add-on requests received after the 15th of the month will be effective the I st 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. 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), 12. Reprogram Equipment to original operating parameters based on the Customer template,if retrievable,or from a Customer supplied backup diskette.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. 14 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 an the Motorola repair request form. 18, If applicable,notify Customer of changes in Motorola designated inventory adjustment email address or fax number. Customer has the following Responsibilities: 3A 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 33 Access the Motorola repair request form and Inventory Adjustment Form(IAF)through Motorola On Line (MOL). 14 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 flashcode 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. 18 Local services or annual maintenance required for maintaining normal operation of the equipment,unless specified on the service agreement. Service From the Start-LITE Updated on 04/1 V 13 Reviewed April 2013 15 AWOL &Tlk ve MOTOROLA SOLUTIONS Statement of Work Service From The Start (SFS) SFS Comprehensive 1.0 Description Service From The Start(SFS)Comprehensive provides all-component 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(RSQ,or Federal Technical Support Center. SFS Comprehensive is only applicable on XTS,XTL,APX and some MOTOTRBO model radios.A radio model may be added to an SFS Comprehensive service agreement while it is currently being manufactured by Motorola,or for up to one (1)year after manufacturer cancellation date of said model. SFS Comprehensive includes: A. Repair and or replacement of cracked housings,frames,covers,crushed components,shields,missing components,circuit boards,warped circuit boards B. Damage to LCD screens(cracks to screen,or any damage that does not pass Motorola test parameters) C. Damaged foils1traces/lands D. Electrical damage E. Watcr,'chemical corrosion F. Contaminants visible which cannot be cleaned up reliably The customer will incur additional charges at the prevailing rates for any of the following activities,which are NOT covered under SFS Comprehensive- A. Replacement of consumable parts or accessories,as defined by product,such as batteries,antennas,and other similar items R. Damages from natural or man-made disasters where normal use of the product was not a factor,such as but not limited to fire,theft,and floods that would cause internal and external component damage or destruction. C. Non-remedial work,such as but not limited to firmware or protocol upgrades,reprogramming,and product configuration D. Repair of non-covered products E. Damages caused by using the device outside of the product's operational and environmental specifications F. Damages caused as a result of the device being modified or repaired by a third party Motorola reserves the right to monitor the customer's repair history under this SFS Comprehensive service agreement. Motorola may take appropriate action if the customer's repair history under this SFS Comprehensive service appears to be in violation of this Statement of Work. MOTOTRBO,XTS,XTL and APX model radios that arc presently on a standard service agreement may be transferred to an SFS Comprehensive service agreement.These transferred units must either be models that are currently being manufactured by Motorola or models where manufacturing by Motorola was canceled within the prior 364 days, Customers who wish to add MOTOTRBO,XTS,XTL and APX model radios that are currently being manufactured by Motorola that are not presently on a standard service agreement must be operating in accordance with Motorola specifications,and are not damaged.If Customer attempts to add radios to the SFS Service Agreement that are not operating in accordance with Motorola specifications or are damaged,Motorola may either terminate the Service Agreement,as provided in the Service Terms and Conditions,or in its sole discretion, Motorola may terminate just those services covered by this SFS Comprehensive Statement of Work. Motorola recommends a Preventative Maintenance check be completed on radios that are not currently under an SFS service agreement so the customer can confirm radios are operational and aligned with Motorola specifications,and are not damaged. 16 In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start Comprehensive includes single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. SFS Comprehensive excludes repairs to:optional accessories;standard mobile palm microphones;non-standard mobile microphones;iDEN mobile microphones,portable remote speaker microphones;optional or additional control heads; mobile external speakers;mobile power and antenna cables;and power supplies.Engraving service is not covered under SFS Comprehensive. SS Comprehensive is non-cancelable and non-refundablc.If Equipment is added to the agreement subsequent to the Start Gate,these units arc also non-cancelable and non-refundable for the agreement duration. 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. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the I st of the following month. Equipment add-on requests received after the 15th of the month will be effective the Ist 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. 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(MFISA). 2.2 Deprogram Equipment to original operating parameters based on the Customer template,i€retrievable,or from a Customer supplied backup..If the Customer template 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 tine. 23 Clean external housing of the Equipment.External components of unit will only be replaced when functionality has been diminished. 2.4 Replace currently manufactured Equipment if it is determined that the Equipment is unrcpairable.Motorola will contact the customer to inform them if Equipment needs to be replaced and that the cycle time may be increased because of the replacement.If unrepairable Equipment is no longer manufactured,the Customer will have the option of having the radio returned unrepaircd to them. 2.5 Pay the outbound freight charges.Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 2.6 Provide Customer with the Motorola repair request form and Inventory Adjustment Form(IAF). 2.7 Perform covered services as requested by Customer on the Motorola repair request form. 2.8 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. 2.9 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. .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. 3.4 Initiate service request via Motorola On Dine or complete a Motorola repair request form with contract number referenced,and submit it with each unit of Equipment sent in for service.Mobile control heads or palm microphones sent in must reference the serial number of the main unit, 17 3.5 If desired,supply Motorola with a backup of 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. 16 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. 33 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. SFS Service Agreement-SFS Comprehensive Updated 4.15-2013 1i8