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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9' <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24. <br />25 <br />26 <br />27 <br />28 <br />COMMUNICATIONS AGREEMENT <br />Rage 2 <br />2. CITY agrees not to apply to the FCC for individual authority or license to <br />operate a base station or mobile transmitter operating on SYSTEW S) BACKBONE. <br />3. COUNTY agrees to assist CITY to apply for. FCC authority or license to operate <br />a base station or mobile transmitter not associated with SYSTEM(S) BACKBONE. <br />4. CITY agrees to maintain a current inventory of all communications and any <br />other -equipment maintained by COUNTY and/or associated with the COUNTY Coordinated <br />Communications Systems. CITY also agrees to .update this listing as equipment is <br />acquired or at least 'every six (6) months an COUNTY provided foam. List will include <br />and designate: <br />(a) Existing equipment. <br />(b) Equipment acquisitions (leased or owned). <br />(c) Equipment either disposed of or no longer used within the systems.. <br />(d) Equipment acquisition date and warranty information <br />5, CITY agrees that COUNTY is, and.shall at all times be deemed to be an <br />independent contractor that is wholly responsible for the manner it performs services <br />required by this Agreement. <br />(a) COUNTY,.its agents and employees will not be. entitled to any rights or <br />privileges of CITY employees. <br />(b) COUNTY assumes exclusively the responsibility for the acts of its <br />employees or agents as they relate to services provided during the course and scope of <br />their employment. <br />(c) Nothing herein contained will be construed as creating relationship of <br />em.ployer and employee, or principal and agent, between COUNTY and CITY or any of <br />COUNTY's agents or employees, <br />6. CITY agrees to pay COUNTY, in accordance with the terms set forth in Appendix <br />3, for the following services: <br />(a) Maintenance, repair and/or installation/removal of CITY -owned equipment <br />as specified in Appendix 1. Services set forth in Appendix l of this. Agreement shall <br />be reviewed annually. <br />(b) Subcontract maintenance/repair/installation pass through costs necessary <br />to repair or install specified equipment that cannot be performed by COUNTY staff. <br />7. .COUNTY agrees to warrant COUNTY installation, labor and materials to thirty <br />(30) days after completion of each service without additional charge. HD ever, if <br />manufacturer of the materials serviced by COUNTY provides.additiona.l.warranties, <br />COUNTY's obligation to CITY is limited to returning the.materials to manufacturer at <br />CITY's expense. The decision of any warranty liability in these cases rests with <br />manufacturer. <br />JK:nd:cv <br />1423w-2 <br />8-1-88 <br />