03-22-2006 Council Agenda - Laserfiche WebLink

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2. PURPOSE AND INTRODUCTION The purpose of this Agreement is to define the rights and obligations of COUNTY and SUBSCRIBER with respect to the cooperative and coordinated purchase, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the SUBSCRIBER on COUNTY'S Subsystem. The Subsystem is a multi -site general purpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other SUBSCRIBER benefits and services include access to the System, a wide area nine - county regionwide public safety radio communications system; multiple System redundancies with backup power; a wide range of talk groups; electronic identification of all radios on all transmissions; 99.999% microwave system reliability; system security; radio interoperability; 24 hour a day Subsystem monitoring and repair response; access to a pool of special event radios; and SUBSCRIBER radio training. 3. DUTIES AND RESPONSIBILITIES OF SUBSCRIBER 3.1 Conformance to Metropolitan Emergency Services Board and COUNTY Standards SUBSCRIBER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the Metropolitan Emergency Services Board ( "MESB ") or its successor; the State Radio Board; and COUNTY related to use of the Subsystem, including, but not limited to, radio user training requirements, radio operating guidelines, audit, monitoring, and compliance; 3.2 Conformance to Federal Laws and Regulations SUBSCRIBER agrees to be aware of and conform to all applicable Federal Rules, Regulations, and Laws pertaining to use of the Subsystem, including, but not limited to, the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. 3.3 Response to Improper Use In the event COUNTY informs SUBSCRIBER that statistical analysis of Subsystem usage or other information indicates that SUBSCRIBER personnel may have inappropriately used the Subsystem, or may have violated standards, policies, procedures, rules, regulations, or laws regarding proper operation of the Subsystem, or may have violated the provisions of this Agreement, SUBSCRIBER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 3.4 Subscriber Fleet Support Fees Any Subscriber Fleet Support Fees established by the Board of Ramsey County Commissioners must first be reviewed by the Subsystem Users Group and the Subsystem Policy Group. If the Board of Ramsey County Commissioners thereafter establishes a Subscriber Fleet Support Fee schedule, SUBSCRIBER agrees to pay COUNTY the fee assessed to SUBSCRIBER by COUNTY. Fleet support fees shall include costs incurred by COUNTY for, but not limited to, software updates, technical support, administrative support, configuration support, access to the emergency and special event shared pool of radios, and training support attributable to SUBSCRIBER'S participation under this Agreement. Fees shall be assessed on a per -radio basis. Any such fees will be subject to annual adjustment by the Board of Ramsey County Commissioners. COUNTY is responsible for Subsystem infrastructure support costs. 3.5 Pass Through Fees SUBSCRIBER agrees to pay all fees assessed on a per radio basis to COUNTY or SUBSCRIBER by any outside agency. 3.6 Radio Cloning Fees For a period of two years following initial activation of radios by COUNTY or COUNTY - approved vendors, SUBSCRIBER shall be entitled to receive SUBSCRIBER - requested radio recloning by COUNTY or COUNTY - approved vendors one additional time for each radio without additional cost to SUBSCRIBER, and COUNTY will pay the costs of recloning each radio one additional time for changes required by the COUNTY. Provided, however, that COUNTY shall pay such recloning costs at the regular in -shop flat fee as established in the 800 NIHz Subsystem Subscriber Agreement -enter name of n ane period 3 of 12-14