CCP 08-08-2006 - Laserfiche WebLink

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. . . 3.10 De-certification and Disposition of Obsolete Radios The Metropolitan Emergency Services Board, or its successor, and COUNTY may de-certify radios, radio operating software versions, and radio program files and configuration settings (commonly called Code Plugs) which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs Subsystem perfonnance, no longer supported by the radio manufacturer, no longer supported by COUNTY, exhibit substantial defects, exhibit performance deficiencies, impair implementation of Subsystem upgrades, become unreliable, and become economically unfeasible to maintain. Except in those cases affecting safety or performance impacts to the Subsystem, other subsystems, or the regional system, COUNTY will make reasonable efforts to avoid decertification of radios owned by SUBSCRIBER which have not been fully depreciated and to provide SUBSCRIBER with at least one (1) year advance notice prior to the effective date of radio or software version decertification. Decertified radios, or radios operating with decertified software versions or decertified Code Plugs will not be allowed to access or use the Subsystem. SUBSCRIBER may not dispose of an obsolete radio until the Code Plug and encryption key information have been deleted from the radio memory as necessary to protect private data and prevent unauthorized access to the Subsystem information. SUBSCRIBER agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials. SUBSCRIBER understands that it will not receive any payment from COUNTY for a decertified radio. 3.11 Limitation of Radio Code Plug Files and System Kev File All radio Code Plug Files shall be created and modified by COUNTY before the radios will be activated on the Subsystem. All radios on the Subsystem shall be cloned only by COUNTY or by COUNTY- Approved Vendors. All radio Code Plug Files and System Key Files are the sole property of COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by COUNTY in writing, by law, or court order, SUBSCRIBER may not directly or indirectly pennit 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 File or System Key File for any radio on the Subsystem. In the event SUBSCRIBER learns that any party has improperly or fraudulently obtained radio Code Plug File information or System Key File information, SUBSCRIBER will immediately notify COUNTY of the security breach. ' 3.12 Risk of Loss and Payment for Lost. Stolen, Unreoairable. or Destroved Radios SUBSCRIBER assumes full risk of loss for radios owned by the SUBSCRIBER, which are lost, stolen, physically un-repairable or destroyed for any reason. 3.13 Notification to COUNTY of Missing. Lost. Stolen, Unreoairable. or Destroved SUBSCRIBER- Owned Radios SUBSCRIBER agrees to immediately notify COUNTY in writing of any missing, lost, stolen, unrepairable, or destroyed SUBSCRIBER-owned radios, so the radio can be deactivated on the Subsystem. SUBSCRIBER shall be responsible for payment offees until written notification is received by COUNTY. 3.14 Repair ofSUBSCRIBER~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. 3.15 Deactivation of Radios bv 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 800 MHz Subsystem Subscriber Agreement - City of New Brighton 5 of 11