R2008-94 ACCEPTING PROPOSAL AND AUTHORIZING USER AGREEMENT, SYSTEM MANAGEMENT AGREEMENT & COMMUNICATIONS SYSTEM AGREEMENT

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STARCOM21 USER AGREEMENT THIS STARCOM21 USER AGREEMENT including all Attachments hereto (the "User Agreement") is made as of (the "Effective Date") by and between Motorola, lnc., a Delaware corporation ("Motorola"), and ("User"). No modification, amendment or waiver of any provision of this User Agreement shall be effective unless approved in writing by each of the Parties hereto. Introduction In 2001, Motorola and the State of Illinois ("State") entered into Master Contract#TCVS1500, as amended January 15, 2005 and as amended subsequently, hereinafter referred to as the "Master Contract" pursuant to which the State agreed to lease from Motorola, and Motorola agreed to build, own and operate, a statewide, trunked-digital voice radio network for the State. As part of that contract, the parties agreed that the network, commonly referred to as the STARCOM21 Network ("STARCOM21") had to have the capability of being expanded consistent with the Public Safety Wireless Network for use by other federal, state and local agencies as well as qualified non-governmental entities. The Master Contract is an indefinite quantity, non-exclusive master contract established for the use of State agencies, universities, boards, authorities and commissions (collectively "State Users"), and is also established for the use of federal, county and local governmental agencies and qualified non-governmental entities. The Parties agree that the User Agreement shall be the vehicle that will be utilized to identify the terms and conditions that non-State Users will agree to in order to be able to access STARCOM21. Motorola is obligated in the Master Contract to provide certain levels of performance, and this User Agreement coordinates the rights and responsibilities of the parties in compliance with the Master Contract's performance requirements. The obligations of Motorola to the State in the Master Contract take precedence over anything herein. Pursuant to the Master Contract, Motorola is required, under the direction, guidance and oversight of the State, to supervise the day-to-day operations of STARCOM21 and maintain, and oversee, STARCOM21's performance, coverage, functionality, availability, and reliability requirements. As a result of additional governmental and non-governmental entities utilizing STARCOM21, the State established an Oversight Committee. That Oversight Committee will govern the manner in which STARCOM21 is used by governmental and non-governmental entities. The State and Motorola are required to develop a joint system administration pian for STARCOM21. 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 and User hereby covenant and agree that all the provisions above are hereby incorporated by reference, as if fully set forth herein, and hereby covenant and agree as follows: 1. DEFINITIONS: ISP: Illinois State Police. The ISP provides common communication channels to county and local law enforcement agencies including VHF frequencies known as "ISPERN' and "IREACH" and its inter- jurisdictional radio communications known as "HF-4". STARCOM2l will incorporate and supplement these frequencies by interfacing the frequencies to ISP dispatch consoles: 05-20-08