06-10-2002 Council Packet - Laserfiche WebLink

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2.11 De-certification and Disposition of Obsolete Radios The Metropolitan Radio Board and COUNTY may de-certify radios and/or radio operating so^are versions which become obsolete for reasons including but not limited to: become unsafe to use, impair System performance, are no longer supported by the radio Manufacturer, are no longer supported by the COUNTY, exhibit substantial defects, exhibit performance deficiencies. Impair Implementation of System upgrades, become unreliable, become economically unfeasible to maintain, etc. Except in those cases affecting safety or performance impacts to the System, COUNTY will make reasonable efforts to avoid de-certification of radios leased to USER which have not been fully depreciated and to provide USER with at least one (1) year of advance notice prior to the effective date of radio or software version de certification. De-certified radios, or radios operating with de-certified software versions will not be allowed to access or use the System. USER agrees to dispose of obsolete radios, batteries and other equipment In accordance with applicable laws and rules regarding disposal of hazardous materials. 2.12 Limitation of Radio Programming. Radio Code Plug Programming Files and System Key File Regardless of ownership, all radios on the System shall be programmed only by the COUNTY, and the COUNTY shall retain an archived electronic copy of all radio code plug programming files and encryption keys files installed in all USER radios covered under this Agreement The configuration of all radio code plug programming files and radio templates shall be subject to approval by the COUNTY before the radios will be activated on the System. All radio code plug programming files, system key files and encryption key files are the sole property of the COUNTY, and contain infonnation that is classified as security information and non-public government data. Unless specifically authorized by the COUNTY in writing, USER may not directly or indirectly, or permit any third party to: view. read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug programming file, system key file or encryption key file for any radio on the System. In the event USER learns that any party has improperly or fraudulently obtained radio code plug programming file information, system key file or encryption key file. USER will immediately notify COUNTY of the security breech. 2.13 Payment for Damaged Radies USER aorees to promptly pay COUNTY for all costs incurred to repair radios damaged for any reason while lea'sed to USER, excluding ncrmal wear anc tear which is included in the COUNTY'S maintenance pregram. and also excluding damage which cc.curs while the radios are in the ccssess:on of COUNTY. I •- R‘S k c‘ -OSS for _cs:. Stoier c’ Cesircvec Rscict j5Hr. assumes full ns.< cf .css fc* CCUNT' crovicsc .'acics assignee :c rci-cmg soecialeven, anc repair loaner racics temporar.iy assigned to USER wn-cn are lost, stolen. pr.ysicaiK un-repairabte or destroyed for any reason excluding carnage which occurs while the radios are in me possession of COUNTY. USER will be invoicea. end agrees to pay. the remaining amount of tne non-cepreciated lease balance, including inte.--est. for any lost, stolen or destroyed radios. Assessment of subscriber fleet support fees and Tier 1 fixed maintenance fees will be terminated uoon such payment. 2.15 Notification to COUNTY of Lcs: cr Stolen Radios USER agrees to immediately nctry COUNTY of any missing, lost or stoien racics sc the radio can be deactivated on tne system 2.16 Radios Not Economical to Repair A USER radio which is covered under the annual Tier 1 fixed fee maintenance and repair services program listed in Appendix A which has malfunctioned, broken or failed, excluding a radio that is damaged, lost, stolen, destroyed or physically un-repairable as described in sections 2.13 and 2.14 above, and which the COUNTY determines cannot be economically repaired, by mutual agreernent may either be: (1) Replaced by COUNTY with a used radio of comparable age. value and condition if available; or (2) Considered an obsolete radio, deactivated and terminated from the lease and maintenance program witn no addiuonal fees payable by USER. In the event the reoiacement option is chosen, the used replacement radio may. at COUNTY’S option, be reconditioned or reouilt from salvaged parts and the COUNTY shall retain or assume ownership of the original failed radio and such radio may be salvaged for spare parts, rebuilt or otherwise disposed of by COUNTY. Further, if the failed radio is a