HomeMy WebLinkAboutRADIO SERVICES CONTRACT_ 800 MHZ USER AGREEMENT 800 MHZ USER AGREEMENT
THIS 800 MHZ USER AGREEMENT including all Attachments hereto (the "User
Agreement") effective January 7, 2017, (the "Effective Date") is entered into by and between
Motorola Solutions ("Motorola"), a Delaware corporation, which provides management services
for a cost sharing, wide-area 800 MHz trunked voice radio system throughout portions of South
Carolina and Georgia (the "Wide-Area Network") comprised of facilities authorized by Federal
Communications Commission ("FCC") licenses held by Licensees (hereinafter defined);
Augusta, Georgia ("User"), a body politic which will utilize the Wide-Area Network; and
SCANA Communications, Inc. ("SCI"), a South Carolina corporation; State of South Carolina, a
body politic; County of Lexington, South Carolina, a body politic; County of Spartanburg, South
Carolina, a body politic; County of Charleston, South Carolina, a body politic; County of Jasper,
South Carolina, a body politic; County of Richland, South Carolina, a body politic;
Augusta/Richmond, Georgia, a body politic; South Carolina Electric and Gas Company, a South
Carolina corporation (collectively, "Licensees"), which hold the licenses on the Wide-Area
Network which User will utilize. This User Agreement is subject to acceptance by Motorola.
No additions or subtractions by User to this User Agreement are acceptable unless and until
expressly agreed upon by Motorola.
WHEREAS, Motorola is the manager of a cost sharing, wide-area 800 MHz Trunked
voice radio system throughout portions of South Carolina and Georgia(the"System"); and
WHEREAS, Motorola manages the Wide-Area Network according to certain standards
as set forth in the State of South Carolina(the"State Contract") Contract#4400013556; and
WHEREAS, Licensees have appointed Motorola as Licensees' agent collectively and
individually, for purposes of entering into this User Agreement to govern use of Licensees' radio
stations in accordance with the requirements of Section 90.179(d) of the FCC's rules; and
WHEREAS, User desires service on the Wide-Area Network pursuant to the terms of
this User Agreement; and
WHEREAS, by separate agreement, User may contribute User's own licenses to the
Wide-Area Network and contract with Motorola for management services.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Motorola, User, and the Licensees hereby covenant and agree as follows:
1. ACCEPTANCE
This document, including any attachments, is an offer by User, which will become a
contract when accepted in writing by an authorized employee of Motorola. The banking,
negotiation or other use of any payment by Motorola shall not constitute an acceptance hereof by
Motorola. It is agreed that service will be provided only on the terms and conditions herein.
Neither Motorola nor the Licensees shall be bound by the terms and conditions in User's
purchase order or elsewhere unless expressly agreed to in writing. Acceptance of services
hereunder shall constitute an acceptance of these terms and conditions.
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2. SERVICES AND USER FEES
2.1 User has requested, and Motorola agrees to provide, the services detailed on
Attachment A. User and Motorola understand and agree that User shall load on the system the
radios specified in Attachment A pursuant to the schedule set forth in that attachment (User may
load the specified radios onto the Wide-Area Network in advance of the schedule with prior
coordination with Motorola).
2.2 User agrees to pay for the services provided, including any optional features, on a
cost-shared basis in accordance with 47 C.F.R. section 90.179 of the FCC's rules. User's service
charges are User's pro rata contribution to the operation of the Wide-Area Network based upon
User's usage of the Network. These contributions shall cover User's share of the costs of
operating the Wide-Area Network (including management fees) as well as the costs of
implementing certain system expansions and upgrades.
2.3 User's service fees are detailed in Attachment A. Motorola agrees to maintain
User's current schedule of fees without increase through June 30, 2017 unless this Agreement is
terminated prior thereto in accordance with Section 6 of this Agreement. After that date,
Motorola may revise User's current schedule of fees set forth in Attachment A by giving User
written notice of the amount of increase at least thirty(30) days in advance of the date on which
the increased schedule of fees is to become effective. The new fees shall become effective on the
date specified in such notice.
2.4 Billing will commence on the first day of the calendar month after service has
begun. Any partial month will be prorated. Airtime charges, if any, will be billed at the end of
each month. In the event that User does not load additional radios on the system in conformance
with the schedule in Attachment A, User nevertheless shall be responsible for and make
contributions to the Wide-Area Network (and any other applicable charges) as if the additional
radios were added to the system consistent with the above schedule.
2.5 User understands and agrees that any and all programming of User equipment or
other related expenses associated with the service provided to User under this User Agreement
shall be the responsibility of and paid for by User. The User understands and agrees to purchase
equipment that will operate in the 806 and 821 frequency band and is compatible with the
Motorola SmartZoneTM equipment operated by Motorola. Any incompatibility of equipment
obtained by User shall be at User's sole risk,responsibility and expense.
3. REGULATORY ISSUES
3.1 It shall be the responsibility and obligation of User to seek all approvals including
federal, state, county, municipal or other governmental authority having jurisdiction over User in
order to enter into this User Agreement.
3.2 User understands that, subject to the approval of the FCC, numerous entities,
including, but not limited to, utilities, Public Safety users and Special Emergency users, will
utilize the Wide-Area Network. A waiver has been obtained from the FCC, which waives the
FCC's eligibility rules to allow Power Radio and Public Safety/Special Emergency eligibles to
share certain radio stations as part of the Wide-Area Network. The obligations of Motorola
hereunder are contingent upon approval of any additional regulatory action required by the FCC.
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3.3 User understands that pursuant to the FCC's rules, only certain entities are
qualified to utilize the Wide-Area Network. User represents and warrants that it will meet all
FCC eligibility requirements to utilize the Wide-Area Network during the term of this User
Agreement. User represents, warrants and covenants on the date hereof and throughout the term
of this User Agreement that it is, and will remain, qualified to utilize the Wide-Area Network and
that it meets, and will continue to meet, all such FCC eligibility requirements.
3.4 User understands and acknowledges that some or all of the licenses pursuant to
which the Wide-Area Network operates are held by the Licensees. The User further understands
that the Wide-Area Network will be operated on a shared-usage basis, in accordance with Section
90.179(d) of the FCC's rules. The method of operation of the Wide-Area Network is that Users
and others will utilize, share the costs associated with, and share the capacity of, the Wide-Area
Network. Costs will be apportioned as set forth in Section 2 above. User acknowledges that all
shared transmitter use must be subject to Licensees' control.
3.5 User understands that Motorola and/or the Licensees can discontinue service,
remove one or more licenses from the Wide-Area Network, or take any other steps that they
reasonably believe are in the best interests of the Wide-Area Network or is necessary to comply
with any federal, state, or local law, order, or directive. Any such action shall not give rise to any
claim on the part of User against Motorola or the Licensees.
4. INTERCONNECTION—CURRENTLY NOT OFFERED
If User wishes to obtain interconnection with the Public Switched Telephone Network,
User will so indicate on Attachment A on or prior to the date hereof. User hereby authorizes
Motorola or an agent of Motorola to arrange for such interconnection in accordance with the
rules and regulations of the FCC and any other applicable regulations. User directs Motorola to
provide information regarding usage of such telephone lines by User to any person necessary in
order to make interconnection available to User. Motorola reserves the right to regulate and
manage the use of telephone interconnection service in order not to degrade dispatch service.
User understands and agrees that Motorola has the right to invoke whatever operating restrictions
are deemed necessary to ensure that interconnection does not degrade dispatch service.
5. INTERCONNECTION CHARGES—CURRENTLY NOT OFFERED
Users electing to have the telephone interconnection option will be responsible to
Motorola for payment of all charges for usage of this option. Charges for interconnection will be
billed on either a flat fixed fee or on an air time billing cost basis or a combination of both
according to the terms of Attachment A. If User is billed on a per minute basis, User understands
and agrees that any access of the interconnection option will result in air time usage charges
regardless of whether calls are completed. User shall be responsible for its equal portion of basic
telephone company service, as well as telephone line charges, local calls and toll calls.
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6. AUTOMATIC RENEWAL - TERMINATION
This User Agreement will remain in full force and effect for a period of one(1)year from
the Effective Date. After such one (1) year period, it may be terminated by Motorola or User on
thirty (30) days written notice to the other party. At any time, at Motorola's sole option, this
User Agreement may be terminated immediately and without notice if the frequency
authorization(s) (which may be held by User, Motorola, a Licensee or any other licensee) under
which the Wide-Area Network operates is (are)revoked by the FCC.
7. ASSIGNMENT; SUBCONTRACT
Neither User nor Motorola may assign its rights or delegate its duties hereunder in whole
or in part without the express written consent of the other party hereto, it being agreed that
Motorola may subcontract certain of its duties hereunder consistent with past practice or industry
custom without the need to obtain User's consent.
8. ADDITIONAL UNITS
If User is not in default, then at any time during the term of this User Agreement or any
renewal period hereof, service will be provided for additional units ordered by the User if
Motorola determines that such additional service is technically feasible. The amount of
contributions required of User will increase accordingly pursuant to the schedule of rates for the
Wide-Area Network, as Motorola may amend from time to time.
9. COVENANTS OF USER
User agrees (a)to observe and abide by all applicable statutes, laws, ordinances, rules and
regulations, including but not limited to those of the FCC, and (b) to operate its radios and any
related equipment so as not to cause undue interference with any other users using the Wide-Area
Network. User recognizes that applicable FCC rules and other statutes, laws, ordinances, rules
and regulations may change from time to time and that, accordingly, Motorola in its sole
discretion has the right without liability to modify this User Agreement to comply with any such
changes.
10. COVERAGE
10.1 System coverage prediction is based on the knowledge of the propagation of radio
signals, and the ways in which they are attenuated as they travel through the atmosphere, over
terrain, through trees, around buildings, and around various obstacles. Predicted coverage is
dependent on many factors including the following: (1) transmitter power; (2) receiver
sensitivity; (3) antenna gains; (4) transmission line loss; (5) antenna height; (6) noise; (7) tree
density; (8) buildings; (9) terrain variations; and (10) atmospheric conditions. Coverage is also
dependent on User factors including: (1) antenna type and location; (2) radio programming; (3)
battery condition of portables; (4)maintenance of the radio and (5) firmware version.
10.2 User acknowledges that one hundred percent (100%) coverage of any area at all
times is improbable. Testing and experience with actual field conditions indicate adverse
propagation conditions, such as short-term unpredictable meteorological effects and sky wave
interference from distant stations, can interrupt service at any time. Such events are beyond the
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reasonable control of Motorola and the Licensees. Other causes beyond the reasonable control of
Motorola and the Licensees include but are not limited to motor ignition and other electrical
noise that could be minimized by corrective devices at User's expense.
11. DEFAULT AND REMEDIES
11.1 If User fails to make any payment of any sum due or fails to perform as required
by any other provision hereunder, and continues in such failure for fifteen (15) days after written
notice has been sent by Motorola to User, the User shall be deemed in default under this User
Agreement.
11.2 In the event of default, Motorola has the right, at its option, to immediately
terminate this User Agreement, retain all payments made hereunder, deny User any service
provided by the radio system or systems identified herein, and impose a separate charge for
disconnect and a separate charge for reconnect expenses, each in the same amount stated as the
initial activation charge on Attachment A. If disconnect takes place, User may also be subjected
to additional costs for reprogramming its equipment. Each and all of the rights and remedies of
Motorola hereunder are cumulative to, and not in lieu of, each and every other such right and
remedy and every other right and remedy afforded by law and equity.
12. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF REMEDIES
12.1 WITH RESPECT TO EQUIPMENT WITHIN THE SCOPE OF THIS USER
AGREEMENT, MOTOROLA HEREBY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN
CONNECTION WITH SUCH EQUIPMENT OR SERVICE (WHETHER PURCHASED OR
LEASED BY USER FROM MOTOROLA OR ANOTHER), INCLUDING BUT NOT
LIMITED TO, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF SUITABILITY,
DURABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
MOTOROLA TO THE EXTENT PERMITTED BY LAW ASSIGNS TO USER ANY AND
ALL MANUFACTURERS' WARRANTIES RELATING TO EQUIPMENT PURCHASED BY
USER, IF ANY, AND USER ACKNOWLEDGES RECEIPT OF ANY AND ALL SUCH
MANUFACTURERS' WARRANTIES.
12.2 USER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND
EXCLUSIVE REMEDY IN CONNECTION WITH ANY DEFECTS IN ANY EQUIPMENT,
INCLUDING MANUFACTURE OR DESIGN, SHALL BE AGAINST THE
MANUFACTURER OF THE EQUIPMENT UNDER THE MANUFACTURERS'
WARRANTIES AND THAT MOTOROLA UNDER THIS USER AGREEMENT SHALL
HAVE NO LIABILITY TO USER IN ANY EVENT FOR ANY LOSS, DAMAGE, INJURY,
OR EXPENSE OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO
ANY SUCH EQUIPMENT OR SERVICE PROVIDED HEREUNDER. WITHOUT LIMITING
THE ABOVE, MOTOROLA UNDER THIS USER AGREEMENT SHALL HAVE NO
LIABILITY OR OBLIGATION TO USER, IN EITHER CONTRACT OR TORT, FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED
BY USER, SUCH AS, BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL
INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF
ANY KIND RELATED TO ANY SUCH EQUIPMENT OR RADIO SERVICE DESCRIBED
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HEREIN, WHETHER OR NOT CAUSED BY MOTOROLA'S NEGLIGENCE, TO THE FULL
EXTENT SAME MAY BE DISCLAIMED BY LAW. ANY REFERENCES TO EQUIPMENT
IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO ALL EQUIPMENT
PURCHASED BY USER OR LEASED BY USER FROM MOTOROLA, IF ANY, OR
ANOTHER LESSOR.
13. INTERRUPTION OF SERVICE; FORCE MAJEURE
Notwithstanding any other provision of this User Agreement, neither Motorola nor the
Licensees shall be liable to User or any other person for any loss or damage, regardless of cause,
for interruption or loss of radio service except as described in Section 14 hereof. Motorola and
the Licensees do not assume and shall have no liability under this User Agreement for failure to
provide, or delay in providing, service due directly or indirectly to causes beyond the control of
Motorola and/or the Licensees or their subcontractors, including but not restricted to, acts of
God, or governmental entities, or of the public enemy, strikes, or unusually severe weather
conditions. In the event of any failure or delay attributable to the fault of Motorola, the Licensees
or their subcontractors, User's sole remedy shall be limited as is more fully described in Section
14 below.
14. LIMITATIONS OF LIABILITY; INDEMNIFICATION
14.1 USER UNDERSTANDS AND ACKNOWLEDGES THAT (A)ALTERNATIVE
MEANS OF COMMUNICATION ARE AVAILABLE TO USER; (B) OCCASIONAL
INTERRUPTIONS OR IRREGULARITIES IN THE SERVICE MAY OCCUR; AND (C) ANY
POTENTIAL HARM FROM INTERRUPTIONS OR IRREGULARITIES IN THE SERVICE IS
SPECULATIVE IN NATURE. THE WIDE-AREA NETWORK CANNOT PROVIDE RADIO
SERVICE AT RATES WHICH REFLECT ITS VALUE TO EACH USER, AND NEITHER
MOTOROLA NOR LICENSEES ASSUME RESPONSIBILITY OTHER THAN THAT
CONTAINED IN THIS USER AGREEMENT. ACCORDINGLY, USER AGREES THAT
EXCEPT AS LIMITED BY LAW, MOTOROLA'S AND LICENSEES' SOLE LIABILITY FOR
LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS,
DELAYS, ERRORS, OR DEFECTS IN THE SERVICE OR TRANSMISSION OF SERVICE
PROVIDED BY THE WIDE-AREA NETWORK AND/OR MOTOROLA AND/OR THE
LICENSEES OR ANY CARRIER, OR FOR LOSSES OR DAMAGES ARISING OUT OF THE
FAILURE OF MOTOROLA OR ANY CARRIER TO MAINTAIN PROPER STANDARDS OR
MAINTENANCE AND OPERATION SHALL BE AS FOLLOWS:
(i) A CREDIT ALLOWANCE, AS DESCRIBED IN SUBSECTION
(14)(a)(iii) BELOW, WILL BE MADE AT USER'S REQUEST IN THE FORM OF A PRO-
RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED TO USER. FIXED
MONTHLY CHARGES ARE THE MONTHLY CHARGES PAID BY USER FOR SERVICE
FROM THE WIDE-AREA NETWORK.
(ii) SUCH CREDIT ALLOWANCE WILL BE BASED UPON THE PERIOD
OF TIME DURING WHICH SUCH MISTAKES, OMISSIONS, DELAYS, ERRORS AND
DEFECTS IN THE SERVICE OR ITS TRANSMISSIONS CAUSED INTERRUPTIONS IN
THE RENDERING OF THE SERVICE. ANY SUCH PERIOD OF TIME AN
INTERRUPTION OCCURS WILL BE MEASURED FROM THE TIME IT IS REPORTED TO
OR DETECTED BY MOTOROLA, WHICHEVER OCCURS FIRST. IN THE EVENT USER
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IS AFFECTED BY SUCH INTERRUPTION FOR A PERIOD OF LESS THAN 48 HOURS,
NO SUCH ADJUSTMENT SHALL BE MADE. WHEN AN INTERRUPTION EXCEEDS 48
HOURS, THE LENGTH OF THE INTERRUPTION WILL BE MEASURED IN 24 HOUR
(DAY) INTERVALS. A FRACTION OF A DAY CONSISTING OF LESS THAN 12 HOURS
WILL NOT BE CREDITED, BUT A PERIOD OF 12 HOURS OR MORE WILL BE
CONSIDERED AN ADDITIONAL DAY.
(iii) THE CREDIT ALLOWANCE WILL BE COMPUTED BY DIVIDING
THE LENGTH OF THE SERVICE INTERRUPTION BY A STANDARD 30 DAY MONTH
AND THEN MULTIPLYING THE RESULT BY USER'S FIXED MONTHLY CHARGES
FOR EACH RADIO SET TO WHICH SERVICE WAS INTERRUPTED. IN NO CASE WILL
THE CREDIT EXCEED THE FIXED MONTHLY CHARGES.
(iv) A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR MISTAKES,
OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS, OR CURTAILMENTS
IN THE SERVICE CAUSED BY THE NEGLIGENCE OR WILLFUL ACT OF USER OR
OTHER PARTIES OR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS,
OR DEFECTS CAUSED BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED
BY MOTOROLA.
(v) THE SERVICE FURNISHED BY MOTOROLA, IN ADDITION TO
THE LIMITATIONS SET FORTH PRECEDING, IS ALSO SUBJECT TO THE FOLLOWING
LIMITATION: THE LIABILITY OF MOTOROLA FOR LOSS OR DAMAGES ARISING OUT
OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN
THE SERVICE, ITS TRANSMISSION OR FAILURES OR DEFECTS IN FACILITIES OF
THE UNDERLYING CARRIER, OCCURRING IN THE COURSE OF FURNISHING
SERVICE AND NOT CAUSED BY THE NEGLIGENCE OF THE AUTHORIZED USER, OR
THE UNDERLYING CARRIER IN FAILING TO MAINTAIN PROPER STANDARDS OF
MAINTENANCE AND OPERATION AND TO EXERCISE REASONABLE SUPERVISION,
SHALL IN NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PROPORTIONATE
FIXED MONTHLY CHARGE TO THE AUTHORIZED USER FOR SERVICE DURING THE
PERIOD OF TIME IN WHICH SUCH MISTAKES, OMISSIONS, INTERRUPTIONS,
DELAYS, ERRORS, OR DEFECTS IN SERVICE, ITS TRANSMISSION OR FAILURES OR
DEFECTS IN FACILITIES FURNISHED BY MOTOROLA OR THE UNDERLYING
CARRIER OCCURRED.
14.2 Neither Motorola nor the Licensees shall in any event be liable for service or
equipment interruptions or delays in transmission, errors or defects in service or equipment when
caused by acts of God, fire, war, riots, government authorities, default of supplier or other causes
beyond their or any carrier's control.
14.3 User acknowledges that the radio service provided hereunder uses radio channels
to transmit voice and data communications and that the service may not be completely private.
Neither Motorola nor the Licensee shall be liable to User for any claims, loss, damages or cost
which may result from lack of privacy on the system.
14.4 User hereby agrees to indemnify and hold Motorola and the Licensees harmless
against claims for libel, slander, infringement or copyright from the material, in any form,
transmitted over the radio system by User or those using User's equipment; against claims for
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infringement of patents arising from, combining or using apparatus or systems of the User with
the facilities of Motorola and/or the Licensees or any carrier; and against all other claims arising
out of any act or omission of User in connection with the facilities or service provided by
Motorola and/or the Licensees.
14.5 Neither Motorola nor the Licensees are liable for any damage, accident, injury or
the like occasioned by the use of the radio service or the presence of equipment, including 800
MHz radio handsets and other devices, facsimile units, and ancillary equipment of User and/or
Motorola and/or the Licensees, except as provided herein.
14.6 Neither Motorola nor the Licensees are liable for any defacement or damage to
User's motor vehicle(s) or any personal or real property resulting from the presence of 800 MHz
radio and ancillary equipment.
14.7 THE LIABILITY OF MOTOROLA AND THE LICENSEES IN CONNECTION
WITH THE SERVICE PROVIDED IS SUBJECT TO THE FOREGOING LIMITATIONS AND
MOTOROLA AND THE LICENSEES MAKE NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED,AS TO THE PROVISION OF SUCH SERVICE.
14.8 User agrees to release, defend, indemnify and hold harmless Motorola and the
Licensees, as well as their officers and employees, to the full extent permitted by law from and
against any and all claims, damages, liabilities and expenses, including, legal and attorney fees,
of any nature arising directly or indirectly out of this User Agreement including, without
limitation, claims for personal injury or wrongful death to User or other users of the equipment,
products or services provided by Motorola and/or the Licensees or used in conjunction with such
equipment, products or services and arising out of the manufacture, purchase, operation,
conditions, maintenance, installation, return or use of the equipment or Service arising by
operation of law, whether the claim is based in whole or in part on negligent acts or omissions of
Motorola, and/or their Licensees, or their agents or employees.
15. NOTICES
Any notice or demand required or permitted to be given or made hereunder shall be given
or made by certified or registered mail to the addresses shown immediately below the signature
of the parties signatory to this Agreement. Any party may, from time to time, designate any other
address for this purpose by written notice to the other party.
16. WAIVER
Failure or delay on the part of any party to exercise any right, remedy, power or privilege
hereunder shall not operate as a waiver thereof. A waiver, to be effective, must be in writing and
signed by the party making the waiver. A written waiver of a default shall not operate as a
waiver of any other default or of the same type default on a future occasion.
17. GENERAL
No revision of this User Agreement, including any attachments hereto, shall be valid
unless made in writing and signed by an authorized employee of Motorola, as system manager,
and an authorized agent of User. This User Agreement constitutes the entire agreement of the
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parties and shall supersede all prior offers, negotiations and agreements. If any provision of this
User Agreement or the application thereof to any person or circumstance shall, at any time or to
any extent, be invalid or unenforceable, the remainder of this User Agreement shall not be
affected thereby. This User Agreement is exclusively for the benefit of the parties hereto and
shall, under no circumstances, be deemed to benefit any other party whatsoever. This User
Agreement shall be construed in accordance with and governed by the laws of the State of South
Carolina.
18. ADDITION OF NEW LICENSEES
Each party understands that license holders other than the Licensees may make their
licenses available to the Wide-Area Network. The parties agree that such license holders, upon
making their licenses available to the Wide-Area Network, shall automatically be included within
the term"Licensees" for purposes of this User Agreement.
OFFER Made by:
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Name: Jim Weih
Title: Director of Operations/System Manager
Date: /6- V-/(
Phone: 800-353-0101
Address: 6 Harbison Way
Columbia, SC 29212
Additional Notice to: Tameka Allen, Dir of IT
Contract Administrator
535 Telfair St — Bldg 2000
Augusta GA 30901
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Attachment A—Initial Service
Customer: Augusta, Georgia
Number of Radios: 500+ Total:28.50 per radio
Dispatch Option:
4 at 28.50 Number of sites selected in the Coverage Plan
Augusta,Blythe,McBean in Georgia
North Augusta in South Carolina(Once moved to P25 this site may not be available and
price would need to be adjusted to a 3 site rate)
(Roaming on site not in plan$0.45 per minute)*
Private Call Option:
$7.00 per radio Number of Radios: If Needed Total: $Not Applicable per month
Talkgroup Charges:
One(1)talkgroup is provided for each twenty-five(25)radios of an account at no charge. Additional talkgroups
must be approved by the User's Advisory Committee and are$2.00 per month or$60.00 one time fee.
Roaming Charges:
Roaming charges are controlled by each talkgroup. Although each entities talkgroups are set to predefined sites,the
radio may roam to additional sites if utilizing a shared talkgroup. In the event this occurs,there will be roaming
charges for transmit time on any additional site at$0.45 per minute.
Activation Charges:
Unit with dispatch only/encryption $10.00
Unit with Private Call/DID $25.00
Change charges:
Reconfigure talkgroup options(per unit) $25.00
**See State Contract Exhibit D for Full Details of System User Fees**
**All radios utilized on the Palmetto 800 Shared Mission Critical Voice& Data Network should be able to utilize
both 806 and 821 frequency ranges**
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