4B, Radio Communications Agreement

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COUN"I'Y for, but not limite� to, software updates, tec�z�'iical support, administrative support, configuration support, access to the emergency and special event shaxed pool of rac�ios, and training support attril�utable to SUBSCREBER'S participatian under this Agreement. Fees s�al! be assessad on a per-radio basis. Any such fees wili be sub�ect to annual adjusttnent by the Board of Ramsey County Comtn.issioners. COi.JNTY is responsible for Subsystem Infrastructure Support Costs. 3.5 Pass Through Fe�s SUBSCRIBER agrees ta pay alI fees assessed on a per radio basis to COUN'i'Y or SL3BSCRlBER by ar�y outside agency, as estabiished through the outside agency's wriiten contract with COUNTY or hy statutory a�thority. 3.6 Radio Clonin Fees Far a penod of two years fallowit�g initial activation of radios listed in Appendix A by CO[JNTY or COUNTY- Approved Vendors, SUBSCRIBER shatl be entitled to receive SUBSCRIBER-requested radio recloning by COUNTY or CQ�_TNTY-Approved Vendors one addiiional time for each radio witho�t additianal cost to �USSCRIBEA, and_C�UNTY will pay the costs of recloning each radio_one additional time for chan es req�ired b the COI_TNTY. Provided, however, .that CQLTNTY shall pay such recloning costs at the Regular In-Shop Flat Fee as estabiished in the agreemen# between CO�iN"I'Y and the COUNTY-Approved Vendor. SUBSCRIBER shaI� obtain any additional radio recloning necessary for SUBSCRIBER to use t1-�e Subsystem at SUBSCRIBER'S sole cost. SUBSCRIBER shall nonfy and ohiain approval from the Radio Systern Manager or the Radio System Manager's designee prior to obtaining the additional recloning. Aii recloning must be performed by COUNTY or CQLTNTY-Approved Vendors. 3.7 Changes in �ees Foilowing consu�tation with ti�e Subsysiem Policy Group, COi3NTY sha�l natify SUBSCRIBER of any proposed change in any of the fees payable by SUBSCRIBER to COUNTY under the terms of this Agreernent for the following calendar year �o later than �une 1 of the current calendar year. T�e COLTNTY Board shall have final authoriry to �stablish or change fees. 3.$ �n�oicin and Pa ent Terms COLJNTY will invoice SUBSCRIBER monthly, or at ather intervaIs as determined by COCTNTY, for aIl fees payabie to COiJN"�'Y as specified herern. For radios activated on or before the i 5"' of the month, SUBSCRIBER wil� be charged for the entire month. For radios activated after t�e 15�' of ikie mon�h, the fees wil� commence on the first day o€ the following month. Payment of al� fees herein shaIl be made directly to COUN"I'Y within thiriy-five {35} days from receipt of the invoice. COIINTY-approved vendors w�o provide reprograrnming for SUBSCRIBER shall invoice SUBSCRIBER directly and SUBSCR]BER shali make the paymet�t; SUBSCRIBER rr�ay submit a request for reimbursement for any reprogramrc►ing costs for which COT_TNTY is responsible under the provisions of Subparagraph 2.6 herein. 3.9 Flow Down Me�ro olitan Emer enc Set-vices Board Contract Provisions SUBSCRIBER agrees to cornpiy with alI applicable flow down provisions contained in the Caopera#ive Agreement �etween COUNTI' and the Metropolitan Radio Board, incorparated �erein and made a part of this Agre�ment by ihis reference 3.10 De-certification and Dis osition of O�solete Radios The Metropolitan Emergency Services Boaxd, or its successor, and CO�JNTY may de-certify radios, radia operating soft�vare versions, and radio program files and configuration settings (comxnonly catled Code PIugs) which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs Subsystem performance, no longer supported by ihe radio manufactt�rer, no langer supporYed by COI.INTY, exhibit substantial defects, exlubit perfot-�tance de�ciencies, impair implementation of Subsystem upgrades, become unreliable, and become econorr�icaliy unfeasible to ma�ntain. Except in those cases affecting safety ar performance impacts to the Subsystem, other subsystems, or the regional system, COUNTY will rnake reasonable efforts to avoid decertification of radios owned by SUBSCRiBER vvhich have not been fu�ly depreciated and to �rovide SUBSCRIBER wiih at least one (1) year advance notice p�ior to the effective date of radio or soflware version decertification. Decerti#'ied radios, or radios operating with decertified software versions or decertified Code Piugs will no� be aiIowed io access or use the Sul�system. SUBSCR�BER may not dispose of an obsolete rad.io uniil the 800 MHz Subsystem Subscriber Agreernent — City of Arden Hzlls 4 oi IO