03-22-2006 Council Agenda - Laserfiche WebLink

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3.13 Repair of SUBSCRIBER -Owned Radios SUBSCRIBER is responsible for maintaining SUBSCRIBER -owned radios in good repair and for replacing any SUBSCRIBER -owned radios that are unrepairable. Repair and maintenance shall be performed only by COUNTY - approved vendors. COUNTY will provide this listing to SUBSCRIBER. SUBSCRIBER shall be responsible for payment of fees during the period of repair. A replacement radio may not be used on the Subsystem until COUNTY or a COUNTY - approved vendor has cloned the radio pursuant to the provisions of this Agreement. COUNTY will not provide SUBSCRIBER with the temporary use of a COUNTY -owned radio while a SUBSCRIBER -owned radio is being repaired. 3.14 Deactivation of Radios by SUBSCRIBER SUBSCRIBER may request COUNTY to deactivate a radio for reasons other than those set forth in Subparagraphs 3.12 and 3.13 if the radio is no longer needed by SUBSCRIBER and will be out of use for an extended period of time. During such period of deactivation, SUBSCRIBER'S obligation to pay fees pursuant to Subparagraphs 3.4, 3.5, and 3.8 may be suspended based on MESB and COUNTY policies. COUNTY reserves the right to charge SUBSCRIBER a reactivation fee if the deactivated radio is brought back into service within one year of deactivation. 4. DUTIES AND RESPONSIBILITIES OF COUNTY 4.1 Furnishing, of Radios to SUBSCRIBER SUBSCRIBER is making an initial purchase of radios as described in Appendix A, Subscriber Initial Purchase Order, attached hereto and made a part of this Agreement. COUNTY will obtain the radios and will inventory, inspect, test, and program them before they are turned over to SUBSCRIBER. 4.2 Additional SUBSCRIBER Radios SUBSCRIBER is responsible for the purchase and payment of radios that SUBSCRIBER adds after the initial radio purchase described in Appendix A. Any radios subsequently purchased by SUBSCRIBER must be specifically certified for use on the Subsystem by the Metropolitan Emergency Services Board, or its successor, and COUNTY. Non - certified radios, or radios operating with non - certified software versions will not be allowed to access or use the Subsystem. Prior to use on the Subsystem by SUBSCRIBER, such subsequently- purchased radios must be tested and cloned by COUNTY or a COUNTY - approved vendor in accordance with COUNTY's policies on radio operations and maintenance at SUBSCRIBER'S expense. All subsequently purchased radios are subject to the terms and conditions of this Agreement. SUBSCRIBER shall notify COUNTY in writing of such additional radio purchases and COUNTY will activate the radios upon receipt of the written notice. 4.3 Financing of SUBSCRIBER Radios and Transfer of Title Pursuant to COUNTY Board Resolution 2004 -433, COUNTY will finance the initial purchase of radios up to $1,995 per radio based on the average price of the radios purchased. The total amount to be paid by COUNTY for SUBSCRIBER'S initial purchase is set forth in Appendix A. SUBSCRIBER will be responsible for any additional cost for the purchase of the number of radios identified in Appendix A over the amount set forth in Appendix A as payable by COUNTY. COUNTY will invoice SUBSCRIBER for the additional cost not financed by COUNTY upon delivery of the radios to SUBSCRIBER by COUNTY. SUBSCRIBER shall make payment to COUNTY within thirty -five (35) days from receipt of the invoice. Risk of loss shall transfer to SUBSCRIBER upon delivery; and title will transfer upon receipt by the COUNTY of payment in full from SUBSCRIBER. Failure of SUBSCRIBER to make payment within the specified time period will be grounds for COUNTY to disconnect the radio from the Subsystem. SUBSCRIBER may not transfer ownership of radios financed by COUNTY to a third party during the Initial Term without the prior consent of COUNTY. 4.4 Special Event /Emergency Radios COUNTY will maintain a fleet of radios which will be made available to SUBSCRIBER, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. The risk of loss transfers to SUBSCRIBER upon receipt of the COUNTY radios and SUBSCRIBER shall be responsible for the loss of or damage to the COUNTY radios, including the cost of repair, the cost of a replacement 800 MHz Subsystem Subscriber Agreement-enter name of ends; iime period 5 of 12-1?