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• i * <br />2.3 Response to Improper Use <br />In the event COUNTY informs USER that statistical analysis of System usage or other information <br />indicates that USER personnel may hav& inappropriately used the System, or may have violated <br />standards, policies, procedures, rules, regulations or laws regarding proper operation of the System, or <br />may have violated the provisions of this Agreement, USER a^ees to take immediate and appropriate <br />investigative and conective action to stop the violation and eliminate any reoccurrence. <br />2.4 Radio and Equipment Lease Fees <br />USER agrees to pay to COUNTY all iease fees assessed to USER by COUNTY throughout the lease <br />term In accordance with a lease policy established by the Board of Hennepin County Commissioners for <br />end user radios or other related equipment furnished to USER by COUNTY under this Agreement. The <br />specific lease fee schedule established by COUNTY and the list of equipment leased by USER shall be <br />detailed in Appendix A attached hereto, and such Appendix A shall be made a part of this agreement. <br />2.5 Subscriber Fleet Support Fees <br />USER agrees to pay COUNTY all Subscriber Fleet Support Fees assessed to USER by COUNTY In <br />accordance with a cosf recovery policy established by the Board of Hennepin County Commissioners for <br />costs including but not limited to programming, software updates, technical support, administrative <br />support, configuration support, access to the special event shared pool of radios, training support and <br />other costs attributable to USER’S participation under this Agreement. The Subscriber Fleet Support <br />Fees are subject to annual adjustment and shall be detailed in Appendix A. <br />2.6 Maintenance and Repair Fees <br />USER agrees to pay COUNTY all fixed fees for Tier 1 maintenance and repair services; time ai id <br />material charges for consumables and repairs not covered under Tier 1 service: and lime and materials <br />charges for Tier 2 maintenance and repair services. The Tier 1 Maintenance and Repair Fees, and the <br />hourly rates for time and materials charges are subject to annual adjustmenl and shall be detailed in <br />Appendix A. <br />2.7 Pass Through Metropolitan Radio Board User Fees <br />USER agrees to pay to COUNTY ail user fees attributable to USER assessed to the COUNTY by the <br />Metropolitan Radio Board, or its successor entity if appiicabie. and passed throuen by COUNTY to <br />USER. ”“.e Matroociitan Radio Scare user fees snail be oetaileo m Appenoix A. <br />2.3 invcic:nc anc Pavnen: lerms <br />COUNTY will invoice USER montniy. or at other intervals as oetermined by COUNTY, for all fees <br />specifiec herein. Pnncipal and interest charges for leased equipment will commence wnen the COUNTY <br />IS invoiced by the equipment supplier. Ail other fees specified in this Agreement wiil commence as <br />foilows: For radios activated on or before the IS*” of the month. USER will be charged for the entire <br />month. For radios activated after the 15” of the month, the fees will commence on the first day of the <br />following month. Payment of all fees herein shall be made directly to the COUNTY within thirty (30) days <br />from receiot of the invoice. <br />2 ? -low Down Metropolitan Radio Board Contract Provisions <br />U5E.R agrees to ccmoiy with all applicable flow down provisions contained in Agreement No. A16906. as <br />Amended, between the COUNTY and the Metropolitan Radio Board. Such Agreement provisions, <br />including any Amendments thereto, are hereby incorporated herein as being part of this Agreement by <br />this reference. <br />2.10 Provisional Use of USER Purchased and Owned Radios and Radio Software <br />USER may utilize radios purchased and owned by USER on the System provided that such radios and <br />i-adio operating software versions are specifically certified for use on the System by the Metropolitan <br />.Radio Board and the COUNTY. Non-certified radios, or radios operating with non-certrfied software <br />versions will not be allowed to access or use the System. <br />I