R2003-58 AUTHORIZING AGREEMENT - Laserfiche WebLink

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5. This agreement does not cover the use of the City of Decatur's Emergency Back up ',, System. '�, 6. The City reserves the right to deny any radio or radios operated by the District access to the System at any time if the use thereof by the District in any way hampers the operation or security of the System or the use thereof by other agencies or is in violation of this agreement or II any FCC regulations. Said access can be denied without prior warning; however,the City agrees to provide a statement in writing within 10 business days as to what access was removed or de- nied and the basis for such action to the chief executive officer of the affected agency. In such i case, the District shall reimburse the City for all costs incurred in removing such radio or radios I from the System, including but not limited to fees charged by independent contractors and wages paid to City employees for time spent removing said radio or radios. 7. The software keys necessary to access the System shall remain the property of the City, and use of said keys by any persons, firms or corporations working on behalf of the Dis- trict,whether to service radios or otherwise,must be approved by the City. 8. (a) Every radio of the District using the System shall have a unique electronic code number("PVT Number") created and assigned by the City. (b) The District shall supply the City with the following information on every radio authorized for access to the System: type of radio, model number, serial number and "PVT number". • 9. Access to the System sha11 only be authorized for radios that match the configuration of the System, and all such radios sha11 have the ability to inhibit a radio by use of System soft- ware. Existing radios may be programmed into the System that do not meet the terms of this paragraph at the time of the signing of this agreement; however, any additional radios pro- grammed after the approval of this agreement shall comply with the terms of this paragraph. 10. If the District receives written approval to access the talk group of any other user of the System and that approval is subsequently withdrawn, in writing, the District sha11 remove its radios therefrom at its expense within 30 days of receipt of written notice. 1 l. THE CITY DOES NOT WARRANTEE OR GUARANTEE THE USABILITY OR SERVICEABILITY OF THE SYSTEM FOR ANY PURPOSE, AND THE DISTRICT EXPRESSLY ACKNOWLEDGES THAT NO RADIO SYSTEM CAN OR WILL TRANSMIT OR RECEIVE SIGNALS FROM EVERY LOCATION IN A GEOGRAPHICAL AREA. 12. The District hereby indemnifies and holds harmless the City and its Mayor and Council members, officers, employees and agents, in both individual and official capacities, from a11 claims for property damage, bodily injury or death resulting from or arising out of the use of the System by the District,and from a11 costs,demands, suits, losses,attorney fees and liabilities incurred in or about any such claim for property damage, bodily injury or death.