4B, Radio Communications Agreement

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Non-Certified radios, or radios operating with non-Certified softvvare versions will no# be allowed to access or use the Subsystem_ Priar to use on the Subsystem by SUBSCRIBER, suc� subsequently-purchased radios must be tested and Cloned by C4UNTY ar a COUNTY-Approved Vendor in accardance with COUNTY's policies on radio operations and maintenance at SUBSCRIBER'S expense. All subsequent�y-purchased radios are subject to the terms and conditions of this Agreement. SUBSCRISER shalI no�ify COI.TNTY in writing of such additional radio purchases and COUN'I'Y wili activate the radias upon receipt of the wiritien notice. 43 Financin of SUBSCRIBER Radios and Transfer of Title Pursuant to COIJNTY Board Resolu�on 2004-433, CQLTNTY will iinance t�e initial purchase of rad�os up to $1,995 per radio based on the average price of the radios purchased. The total amount to be paid by COLJNTY for SUBSCR�BER'� initial purchase is set forth in Appandix A. SUBSCR�BER will be responsi�le for any additionai cost for the purc�iase of the number of radios ideniified in Appendix A over the arnount set forth in Appendix A as payable by COUNTY. COCIN'TY wiii invoice SUBSCRIBER for the additional cost not financed by COUNTY upon delivery of the radios to SUBSCRIBER by COIIN'I'Y. SUBSCRIBER shall make payrneni to COLTNTY within thirty-ftve {35) days fror►� receipt of the invoice. Risk oi loss shall transfer to SUBSCRdBER upon detivery; and title wi�l �-ansfer upon receipt by the COITNTY of payment in full from SUBSCRIBER. FaiIure of SUBSCRIBER ta make payment within the specifiec� time penod will be grounds for COUNTY to discannect the radio frorn the Subsystem. SUBSCRIBER rnay not transfer owr�ership of radios fnanced by CQiTNTY to a third party during the �-►itial Ternl without th� prior consent of COUNTY. 4,4 S ecial EvendEmer enc,�Radios COUN'i'Y w#11 maintain a Fleet of radios which wili be made available to SUBSCRiSER, generally on a�rst come first serve basis, far temporary assignment for specia� events, response to emergencies, or other similar e�ents. The risk of loss tratisfers to �UBSCRIBER upon receipt oF the COUNfY radios and SUBSCRIBER shall b� responsible for the lass of or damage to the COLTNTY radios, incIuding ihe cost of repair, the cost oi a reptacerr�ent radio, and programming and other costs requirEd to put the radio in the same operational condit�on i� was in when assigned Eo SUBSCRIBER. If there are rr�ore requests for these radios than can be accomrnodated, CO(.iNTY will prioritize allocations. These assigned radios wilt have a generic Code Plug using corninon county and regional interoperability talk groups. 4.5 Allocation of Subsystem Resources COUNTY will allocaCe to SUBSCRIBER, on a fair and non-discriminatory basis, sufficient Subsystem resources inciudirtg, but not limited to, Talk Groups, Announcement Grnups, Radio Unit IDs, and Alias IDs, in order to provide SUBSCRIBER with an equivaient grade of service afforded to other comparable Subsystem Subscribers. 4.6 Monitorin o�UBSCRIBER Talk Groups COi_TNTY may periodicaily monitor talk groups allocated to SUBSCRIBER for SUBSCRIBER'S inter€�a! use for Subsystern management purposes, inctuding, but not limited to, maintenance, t-�-oubleshooting, per#'ormance assessxnents, unusual traffic pattems (sudden jump in usage), and palicy and procedure cornpIiance checks. COUNTY monitaring of SUBSCRIBER'S taIk groups may occur at any time, for any duration, may be wit�out notice, and is subject ta recording. Access to recordings of any data fro�n this monitoring is subject to the provisior�s of the Minnesota Gov�rnment Da�ta Practices Act. 4.7 Radio O erator Trainin COI.JN"i'Y wil[ provide SUBSCItIBER with access to end user radio training, ins�uciional maierials ir� hard capy ar digitai media �o�, and training instructors as made avaiiab�e or provided to COi.TNTY fro�n the Metxopolitan Emergency Services Baard, or its successor, or other sources for the deployment oiradios inciuded in SUBSCRiBER'S initial purchase, at no cost to SUBSCRIBEA. Howe�e;r, COUNTY wiil not be respo�sibie for reimbursement to SUBSCRIBER of SUBSCRIBER'S interna� c�sts related to attendance of SUBSCRIB�R staff at such training. Once the initial training is provided, SUBSCRiBER wiIl be responsible for the cost of training new emptoyees and for providing refresher training. COUNTY and SUBSCRIBER rnay agree to provide future training cooperatively. 800 MHz Subsystem Subscriber Agreement — Ciiy af Arden Hills b of IO