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<br />9/19/99 <br /> <br />Public Agency agrees to use the 9-1-1 equipment exclusively to carry out CAPCO's Strategic <br />Planfor 9-1-1 emergency communications. Public Agency agrees not to add to or modify <br />the software or hardware of the 9-1-1 equipment without CAPCO's prior written consent. <br /> <br />If Public Agency uses the 9-1-1 equipment in violation of CAPCa's Strategic Plan, Public <br />Agency agrees to cease the misuse immediately upon receipt of CAPCa's written notice to <br />do so. If Public Agency continues to misuse the 9-1-1 equipment after receipt of CAPCa's <br />notice, Public Agency agrees to transfer ownership of the 9-1-1 equipment to CAPCa within <br />15 calendar days after receipt of CAPCO's written instruction to do so. If Public Agency <br />intentionally or negligently misuses the 9-1-1 equipment and the misuse damages or destroys <br />the 9-1-1 equipment, or diminishes its operating capacity, Public Agency agrees at its own <br />expense either to replace, repair, or restore the 9-1-1 equipment to its full operating capacity <br />within a reasonable time or to pay CAPCa for doing so. If Public Agency elects to pay <br />CAPCa, Public Agency agrees to do so within 15 calendar days after receipt of CAPCO's <br />invoice. <br /> <br />Public Agency agrees to maintain property records on the 9-1-1 equipment that include a <br />description of the equipment and a serial or other identification number; the name of the <br />seller of the equipment, sales price and acquisition date; the location and condition of the <br />equipment; arid a description of any ultimate disposition of the equipment including <br />CAPCa's written consent to the disposition, the disposition date, and any consideration <br />received for disposition. Public Agency agrees to physically inventory the 9-1-1 equipment, <br />and to reconcile the results with the property records, at least once each year. The first <br />inventory must be prepared by September 1, 2000, and subsequent inventories prepared by <br />September 1 of each year thereafter. Public Agency agrees to furnish CAPCO a copy of the <br />reconciled inventory, certified as correct, within 30 calendar days after it is prepared. <br /> <br />Public Agency agrees to implement a control system, including an identification tag affixed <br />to each piece of equipment, that safeguards the 9-1-1 equipment from loss, damage, or theft. <br />Public Agency agrees to investigate any loss, damage, or theft within a reasonable time after <br />it is discovered, and to report the results of its investigation in writing to CAPCO. Public <br />Agency agrees to insure the 9-1-1 equipment for its replacement cost. <br /> <br />Public Agency agr:ees to maintain the 9-1-1 equipment in good working condition. Should <br />the 9-1-1 equipment require maintenance or repair, and Public Agency desires CAPca to <br />pay for the maintenance or repair, Public Agency agrees to request the maintenance or repair <br />from CAPCO in writing. CAPea agrees, within two business days of receiving the request, <br />to notify Public Agency whether it has funds for the maintenance or repair and, if so, when it <br />can have it done. Public Agency may maintain or repair the 9-1-1 equipment at Public <br />Agency's expense. If it does so, Public Agency agrees to provide CAPea a written <br />confirmation of the maintenance or repair within three business days after its completion. <br />The confirmation must describe the problem(s) requiring maintenance or repair, who <br />performed the maintenance or repair, the maintenance or repair performed, and the date(s) it <br />was performed. <br /> <br />4 <br />