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Resolution 082-1989 .. James R. Paros, A.C.A. Division of Public Safety RESOLUTION NO. 082-1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE FOUR (4) AGREEMENTS AND ADDENDUMS ATATCHED THERETO BETWEEN CONTEL AND THE BOARD CONCERNING NOAA WEATHER WIRE SERVICE EQUIPMENT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute four (4) Agreements and Addendums attached thereto between Contel and the Board, copies of same being attached hereto and made a part hereof, concerning NOAA weather wire service equipment. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 7th day of February, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: /III~tfF~ MAYOR/ (Seal) Attest: DANNY 1.. KOLHAGE, Clerk -.aJ~.~~' /)L .4l"JWDM 70~ AND LEGAL .1-F,c,& 41. BY ~~,,'d A me'" ~ UNO"" n 6tr. Z d L - ClVf,J 6fJ. ~I,.)\....' . '--.J Uj 7/.:J l! / >1 ,\ "I I /"1; ~ '\ ~\ ~.->\ " ,I, _Jr ATTN:3A CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFO"MAnON SERVICES Contract No.: Upper Keys Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Conte I and Monroe County Board of County COIllIDSSloners a corporation having its principal office at 500 Whitehead St. Key Wept, Florida 33040 ("Customer"). Billing address (if different than above) c/o Monroe County Civil Defense, 5192 OVerseas Hwy., Marathon, Fl. 33050, 1. GENERAL 1.1 Contel will furnish to Customer the NOAA Weather Wire Service ("The Service') during the term of this agreement, 1.2 Customer shall not redistribute, for financial gain, the Service or any parts thereof, to any person or enti~ for any purpose or by any means whatsoever, Without Contel s written .Juthorizatlon. Any such distribution shall be considered a resale and subject to the Contel Reseller Agreement, , ,3 To receive the ServICe, Conte I will install and maintain on Customer's premises, and such other locations as Customer may deSignate. appropriate equipment compriSing principally one or more receive-only micro earth stations and selector (the "EQUipment") (See Attachment 1, ~Leue Plan"), At Customer's option. the Equipment may be purchased from Contel. In which event Customer is responsible for all EQ\,jIClm,nt maintenance, including demand service rates enabllslled by C':lnt,l. unl.ss Customer elects to pa~ Contel a monthly mlllnt.n.nc. f... (5.. Attachment 2, Purchase Pllln ") 2, CHARGES 2.1 Customer wlIl...2ay Cont,l th, c:hilrg,. Stt forth in o Attachment 1 or 0 .ttlchm.nt : (ch,c~ plln s,lect,d), which reflects charges for the EQuipm.nt 'f"Icl inltilllltion of the EQUipment. data. and other costs associat.d with the S.rvic:., 2.2 The charges for the Service will remain fixed dUring the Initial term of this Agreement. DUring any extended or renewal term. the charges Will be based on the prices in effect at the Inception of the .xtended or renewal term, 2.3 B.fore the S.rvice is mad. available to Customer. Contel may require a Htisfactory credit guarantee or d.posit(s). d.ral, stat., and lOcal sales, use, excise, v persona' pr '. other taxes an ny. nature relating to the ervlC ulpm.nt as provld.d to Custom lmpoted on Custo nt.1. shall be Irectly by or reimbursed to Cont.1 by Custom.r, f prior to ~~if~tiO" of the term of this A re , Custom. ' t....",,'nat'on of service 0 continue rec.lving the s.tv verth.less remain fully bound ~ the cOnditIO r..ment and shall required by this Agr..ment. 1. IItU"" Ii.VMfNT 1.' IAasf Plan (Attachm.nt 1), All recurring fees will be '''"olced monthly to Cl.Istamer. Such fees HIett be payable by Customer In .dvance OR th.firu' day of eKh month during whlcn the Service IS to be prOVIded. . 3.2 PurChue Plan (Attachment 2) All recurnng fees $hiUl be InvOiced annually to Customer, Such fe" shall be payable by Customer In advance on the firsr day of each year during which the Service IS to be prOVided. 3.3 Equipment. Installation fees shall be fully payable by Customer upon receipt of the Cant. I invoice for installation. Customers choosing self-installation of the equipment shall pay the fees commencing 30 days after either the effective date of this Agreement as provided in Section 6,1 or the date on which NOAA Weather Wire Service rNWWS~) becomes available In Custom.r's local area, whichever is later, regardless of the actual date of installation, Customers chOOSing self-installatIon shall pay for installation related service calls at demand service rates established by Contel regardless of the plan under which the S.rvice is being provided or if Customer has chosen monthly maint.nance. Applicable deposits and down payments shall be paid in full prior to installlltion of the EqUipment, Interest at a rate not exceeding one and one-half percent a month will be charged on any account overdue more than fifteen days. 4. CUSTOMER RESPONSI81UTY FOR HANDLING OF NA TIONAL WEATHER SERVICE INFORMATION TRANSMITTED BY CONTEL 4.1 If Customer furnishes severe w.ather information and/or forecasts to the general public. Customer will ensure that all severe w.ather fnd flood bull.tins, stat.m.nts, adVISOries. wetches, or warnings that originate with the National Weather SefVict (NWS) end which are transmitted by Conte I to Customer $1'1111: (a) be .ttribut,cf to ~h. NWS; (bl not be mOdified ,llc:_pt fpr ph~'lc:al format; (c) be issued ve....tim and .Iways IS soon IS pOSJlble llfter receipt when issued to the g,ner.1 public;; Ind (d) not be disseminated after expiration time. 4.2 If Customer 1150 originates its own severe weather Information and/or forecasts. Customer Will ensure that such information is clearly differentiated from NWS-originated watches and warnings and is attributed to Customer, aVOiding use of the terms .watch. and "warning" in presenting such information. 4.3 For media or other release to the gen.ral public of the NWS weather information transmitted by Contel to Customer (including reports, warnings, analyses. and forecasts or information derived from them), Customer also Will ensure that: (a) nothing in announcements associated With such releases shall indicat. or imply that the Government endorses any commercial product advertised; and (b) full credit shall be given for the source of the information and car. will be taken to avoid any Implication that Interpret.tlOns by others of such information are those of the NWS or Contel. 5. CUSTOMER RESPONSIBIliTY FOR CDNTEL EQUIPMENT 5.1 Customer, at its OWn 'xpense. will: (a) ~in authorization and any ~rmits needed to allow (I) Installation of the EqUipment (Including cable access and power supply), and (II) access by Contel and Its authorized repres~ntatlves to th.Equipment for the purpose of maintaining and repairing It and otherwise to permit Contel to eqrclse Its rights under this Agreement; (b) prepare and maIntain the locations at which the Equipment will be Installed In accordance wIth such wrttten spe<lficatlons ilS Conte! may supply; ilnd (c) provIde the power source (' 'OVac 60Hz with a stilndilrd and proper receptilcle containing a ground lead) to operate the controller unit ilnd ilny other components WIth separate power requirements. 5.2 With respect to EqUipment prOVided pursuant to Attachment 1, Customer Will pay Conte' for illI dilmage to, or theft of the EqUIpment and report to Contel, In writing, any malfunctIon '", damage to, or theft of any of the Equipment promptly after Its discovery by Customer, unless the Customer has selected the insurance option, 5.3 Customer will not allow any person, other than its own employees. Contel and its representatives to UM or have access to the EqUIpment. Contel shall have reasonable access to the EqUIpment to perform maIntenance or repair service to ensure proper receptIon of the data (including relocation of the antenna. at Customer's expense. to obtain ne<:essary shielding against interference or to obtain an unobstructed satellite look angle). 6. TERM; TlRMlNAnON 6.1 This Agreement shall take effect on the date listed in Section 12,1 or the date on which the NWWS data becomes available in the Customer's local area. which"'er is later (the "Effective Oate"). and shall remain in effect for the term listed In Section 12.2 provided, however, that this Agreement shall automatically be renewed for successive terms of one-year at then current prices unless either party gives the other party at least 90 days' written notIce of its intention to terminate this Ag reement at the end of the original term or any renewal term, 6.2 If any invoice is not paid within thirty days after the invoice date or if Customer shall otherwise breach any provision of this Agreement, Contel (without waiving any other remedy or right at law or in eqwty). may immediately terminate this Agreement at its sole option and discretion at any time by giving written notIce to Customer. 6.3 If this Agreement is terminated for any reason. (a) Customer Shall remain liable to Conte I for anl damage to or theft of any of the Equipment which is Contel s property until such Equipment has been returned to Conte I fursuant to Section 6.4. and (b) the provisions of Section 7 0 this Agree- ment shall remain in effect with respect to any damage or injUry arising out of or incurred in connection with perfor- mance of this Agreement prior to such termination. If Customer is able to remedy the cause for termination, within 10 calendar days, to Contel's satisfaction, a one-time re<:onnect fee per site will be charged to reinitiate the service at the affected Customer site(s). 6A If Customer is re<eiving the Service pursuant to Attachment 1. then upon termination of this Agreement. Customer shilll return the equIpment at Its expense and With," ten calendar days of the terminatIon date. Customer WIll ensure that the EqUipment IS In good working order, subJect only to ordinary wear and tear due to normal use and subject to Conte!'s obltgatlons unde: Section 7,1 of thiS Agreement. If Contel BY~~ A/Pk (Cu.tom~r Slgnatur~) MJnroe County Board of County Conmissioners (PI~I~ Of'lnt namt! ot Cu,"tom.r) Title _Mayor Date J-!7 / J'l I Telephone No, (305) 294-4641 ~~~:KOLHAG~aeu ^, determInes in its sole discretion that the EqUipment is not In good working order. It has the right to repair or replace It and apply Customer's depOSit toward such costs. 7. CONTEL IlESPONSIIIlITY AND LIABILITY; INDEMNIFICATION 7.1 Contel will 11M its "Sf.Nons to make the S.",ice available for Cu.rtGmer's use 011 a ,..war and continuous basis and. if Custom.r has .Meted to pay for the Se",;ce pursuant to Attachment 1. to fH'OIFIptJy r.".ir or repMe. any Equipment that proves to be defective in worlrmanship or materials. Cont.I MAKES NO OTHER WARRANTY OF ANY KIND WHA TE"ER. EX""ESS 0" IM"I.IID. AND All. IMPLIED WAMANTlES OF IIIIfCHAIITAMJTY AIIID "TNESS FOR A "AIfTICIJI.AIf I'UIfI'OSf WITH apla TO THE SI""'CE AND THE IOU",."T A"E HI",.y DISCLAIMED Ir CONTEI.. WAI"ED IY CUSTOM", AND EXCLUDED F"OM THIS AGREEMENT. 7.2 Cont.' shal not ,.. I.,. in any event to Customer or any other person for .ny d..a,.s. indudin, incident.I or ~ ........ Csude... "e.mpIe.1oa of /HOfirs or loa 01 ..J 01 .~ ...tan ........",. arisiltf out of or in CGf..wcdon wifIt C., CUI1Iwer's .... 01 eN s.mce. CbJ delivery. ..... repair or ~ 01 eN I~t. or Cd any .lays in ...It"., ".. Servic. .v." foI o.stom.,.s lIH. or delays in trans.."'" ......... 1JOItItv.ilaltlllty 01 N<<lnCY 01 ,a,. as fumished by the NWS and transmitted by Contel. 7.3 Weather infonn.tion provided by eont.f orivinates with the NWS ..... eon,., does not In .ny ..y .SS""" any liability for Its content.. timeliness. fitness. or suitability for use by Cu.rtGmer or any othe, person. .. COMftJANCE WITH LAW The parties Will comply With all applicable feder~I, state. and local laws in connection With this Agreement. t. ENTIRE AGREEMENT; MODIFICATION This Agreement constitutes the entire agreement between the parties and supersedes any prior Wrttten or oral agreements or understandings, No amendment or waiver of this Agreement shall be binding unless in writing, identified as such, and Signed by the party against whom any such amendment or waiver is sought to be enforced, 10. ASSIGNMENT Customer shall not assign thIS Agreement without the prior written consent of Conte!. 11. APPlICABLE LAW This Agreement ~hall be 9..overn~ Rl ~ laws of the State of ~. Florlda 2/~8/89~ 12. DATE-INITIAL TEIlM · 2.1 The Date ofthisAgreement isr:eb ;:, 19li- , 2.2 The initial term of thiS Agreement Is~ear(s). By (Cont~l Signature) Title Date 4PPPU\iCi AS :0 FORM j '!7{/'" 'SU/c;Ir.~~NCY.. ,/~ . ,., r Ii,{ l ),., 'e .' 1/ ~. \... ~': '.~ j,1.. /-1.-/",,- .4, ~,.f"... ( ADOENDUM CONTEL 7916 WESTPARK DRIVE MCLEAN. VA 22102 OPTIONAL SERVICES WeatherStream 2000 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: Upper Keys Purchase Order No: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 ThIs Agreement is made between Contel and M::mroe ~v Board Of Cn1.lnty Corrmissoners a corporation having its principa 0 Ice at 500 Mlitehead Street, Key West, Florida 33040 ("Customer"), WHEREAS: Contel and Customer are parties to Contract No, ("the Agreement") by which Contel has agreed to furnish to Customer the NOAA Weather Wire Ser'ollclt ("the Ser'olice"); and WHEREAS: Customer seeks to obtain all or part of WeatherStream 2000, as Optional Services under the Agreement for use of the NOAA Weather Wire Service, THEREFORE. the parties have entered into this Addendum by which Contel will make available to Customer, through Satellite Information Services Corporation (SISCQRP), a Contel company. the following data from WeatherStream 2000 (initial all components selected): Digital Facsimile Data (DIFAX) Public Products (PPS) Domestic Data (DDS) International Data (IDS) AVIation Data (FAA 604) National Weather Wire (NWW) Hydrological Data (HDS) Solar/Geophysical Data (SGS) SelectiVity 98.00 1. Customer will pay Contel the charges set forth in 0 Attachment 1 ("Service Plan") or In o Attachment 2 ("Purchase Plan") (check plan selected) which reflects charges for the EqUipment and installation of the Equipment. d.ta .nd other costs associated With WeatherStream 2000. 2. Contel may unilaterally modify its charges for WeatherStream 2000 and any other additional options upon 30 days' written notice to Customer; provided, however, that such modi fled charges shall not become effective during the initial term specified in SectIon 12 of the Agreement. ], ThiS Addendum is hereby incorporated into and expressly made part of the Agreement. 4, The date of thiS Addendum is h' h ~'7 , 19 J..2, 5 The Initial term of thiS Addendum IS ~ ye.r(s). By ~H~) By Title Mayor Title Date 2--/ 7 }P? Date J " I' , Telephone No, (305) 294-4641 Attestn . ,,0 d ~~~{ I,. IWL ~ C~T (Contel Signature) ...F'pn" ~'c.. AS' cO FORM II. ,'::'U"~~E.NCY. , If, . ". I r to) .,'f' ,...,,,t~JJR. _~1.~ _lfLL AL . }i'ft i ( . "'t.:,' "'"l"t\/!l ~- CONTEL Government Networks Division 7916 Westpark Drive Mclean, VA 22102 NOAA Weather Wire Service (NWWS) End User Price Schedule STANDARD TERMINAL LEASE PLAN Monthly Fees: . E qu i pment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am-Spm/Mon-Fri maintenance coverage · Options: (Additional charge Items, Check Options to be provided.) o 24-hrn-day maintenance coverage l3J Customer selector keypad for NWWS data [] Dome-type cover for tlntenna ~ Equipment insurance o Parallel port on NW'NS selector [] Audible alarm on NWWS selector o Display device prices available upon request. Non-recurring fees: . Installation* COVERED BY SEPARATE PO # . Relocation (after initial instaI!0>;"'1) * Payable as a monthly fee of $5,00, Available only with 5 year subscriptions, Check if desired O. Terms: · Minimum service period is one YC,]r", · $200,00 security deposit WAVED (I1XAL GOVERNMENT) TOTAL Non-recurrin~ fc...,s po# Monthly fees PO# Shipping and handling (options) Required deposit Prices effective April 1988. ^ .......'hment 1 $ 89.00 S 10.00__ S 3.00 3.00 S 3.00 $ 3.00 3.00 $ 3.00 $ 3.00 3.00 N/A $ 250 00 $ 750.00 $ 25~.OO__ $ 98.00 $ N/A S N/A ^TJN:3A CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: Hiddle Keys Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Contel and Monroe County Board of County Cornnissioners a corporation having its principal office at 500 Wlitehead St., Key West, Florida 33040 ("Customer.). Billing address (if different than above) c/o Monroe County Civil Defense, 5192 Overseas Hwy., Marathon, Fl. 3305Q ,. GENERAL 1.1 Conte I WIll furnish to Customer the NOAA Weather Wire ServIce (" The Service") during the term of thiS agreement. 1.2 Customer shall not redistribute, for finanCial gain, the Service or any parts thereof, to any person or entity for any purpose or by any means whatsoever, Without Contel s written authorizatIon, Any such distribution shall be considered a resale and subject to the Contel Reseller Agreement. 1.3 To receive the Service, Conte I will Install and maintain on Customer's premises, and such other locations as Customer may designate, appropnate equipment comprising principally one or more receive-only micro earth stations and selector (the "EQUipment") (See Attachment 1, "Lease Plan"), At Customer's option, the Equipment may be purchased from Contel. '" which event Customer is responsible for all Equipment maintenance, including demand service rates established by Conte!. unless Customer elects to pa~ Contel a monthly maintenance fee, (See Attachment 2, Purchase Plan") 2. CHARGES 2.1 Customer will pay Contel the charges set forth in o Attachment 1 or 0 Attachment 2 (check plan selected), which reflects charges for the Equipment and installation of the Equipment, data, and other costs associated with the ServICe. 2.2 The charges for the Service Will remain fixed dunng the Initial term of thiS Agreement, Dunng any extended or renewal term, the charges Will be based on the prices in effect at the inception of the extended or renewal term. 2.3 Before the Service IS made available to Customer, Contel may require a satisfactory credit guarantee or deposit(s). ~/ ,,-, \. 2A All federal, state, and local sales, use, excise, ad valotem, personal p~rty, and other taxes and f.eesof any nature relating to the Service and-the EQUipment as prOVided to Customer, whether imposed on Customer or OJ! Contel, shall be paid directly by or reImbursed to Contel by Customer, 2.5 If, prior to expiration of the term of this Agreement, Customer requests termination of servICe or refuses to continue receiving the SerVice, Customer shall nevertheless remain fully bound by the terms and conditions of this Agreement and shall pay all fees reqUired by this Agreement, 3. ISllllNG&PAYMENT ) .~ <. 3.1 Lease Plan (Attachment 1). All recurring fees will be InvOiced monthly to Custo!'Oer. Such fees shall be payable by Customer .n advance on theTirn-dey- of e'f_~ month during whtch the Service IS to be prOVided. - - - .\ ],2 Purchase Plan (Attachment 2) All recumn\fees shall be ) " InVOiced annually to Customer. ,Such fefl shall e payable by . _ Customer In advance on thefirst day of each year during which ~.. the ServIce IS to be prOVided, .\ x '....... ..J' 3.3 Equipment. Installation fees shall be fully payable by Customer upon receipt of the Conte' Invoice for installatIon Customers choosing self-installation of the equipment shall pay the fees commencing 30 days after either the effective date of this AgrMment as provided in Section 6.1 or the date on whIch NOAA Weather Wire Service (.NWWS.) becomes avatlable In Customer's local area, whichever is later, regardless of the actual d.te of installation. Customers chOOSing self.installatlon shall pay for installation related service calls at demand service rates established by Contel r~ardless of the plan under which the Service is ~ing provided or if Customer has chosen monthly maintenance. Applicable deposits and down payments shall be paid in full prior to installation of the Equipment. Interest at a rate not exceeding one and one-half percent a month Will be charged on any account overdue more than fifteen days, 4. CUSTOMER RESPONSIBILITY FOR HANDLING OF NA nONAl WEATHER SERVICE INFORMATION TRANSMITTED BY CONTEl 4.1 If Customer furnishes severe weather information and/or forecasts to the general public. Customer will ensure that all severe weather and flood bulletins, statements. adVISOries, watches. or warnings that originate with the National Weather Service (NWS) and which are transmitted by Conte I to Customer shall: (a) be attributed to the NWS; (b) not be modified except for phYSical format; (c) be issued verbatim and always as soon as poSSible after receipt when issued to the general public; and (d) not be disseminated after expiration time, 4.2 If Customer also originates its own severe weather information and/or forecasts. Customer Will ensure that such information is clearly differentiated from NWS-originated watches and warnings and is attributed to Customer, aVOiding use of the terms .watch" and .warning" in presenting such information. 4.3 For media or other release to the general public of the NWS weather information transmitted by Contel to Customer (including reports, warnings. analyses. and forecasts or information derived from them). Customer also will ensure that: (a) nothing in announcements associated With such releases shall indicate or imply that the Government endorses any commercial product advertised; and (b) full credit shall be given for the source of the informatIon and care will be taken to avoid any Implication that interpretations by others of such information are those at the NWS or Contel. 5. CUSTOMER RESPONSIItlITY FOR CONTEt EQUIPMENT 5.1 Customer, at its own expense, will: (a) obtain authorization and any permits needed to allow (I) installation of the EQUipment (including cable access and power supply), and (ii) access by Contel and ItS authOrized representatives to the Equipment for the purpose of maintaining and repairing It and otherwise to permit Contel to exercise its rights under this Agreement; (b) prepare and maintain the locations at which the Equipment will be Installed In accordance with such written specifications as Contel may supply; and (c) provide the power source (1 10Vac 60Hz with a standard and proper receptacle containing a ground lead) to operate the controller unit and any other components w'th separate power requirements. 5.2 With respect to Equipment provided pursuant to Attachment 1, Customer will pay Contel for all damage to, or theft of the Equipment and report to Contel, in writing. any malfunction In, damage to, or theft of any of the EqUipment promptly after Its discovery by Customer, unless the Customer has selected the insurance option. 5.3 Customer will not allow any person, other than its own employees, Contel and Its representatives to use or have access to the Equipment. Contel shall have reasonable aCcess to the EqUipment to perform maintenance or repair service to ensure proper reception of the data (including relocation of the antenna. at Customer's expense, to obtain necesyry shielding against Interference or to obtain an unobstructed ytellit. look angle), 6. TERM; TERMINA nON 6.1 This AgrMment shall take effect on the date listed in Section 12.1 or the date on which the NWWS data b{ comes available in the Customer's loal area, whichever is later (the "Effective Date.), and shall remain in effect for the term listed In Section 12.2 provided, however, that this Agr"ment shall automaticalfy be renewed for successive terms of one-year at then current prices unless either party gives the other party at least 90 days' written notice of its intention to terminate this Agreement at the .nd of the original t.rm or any r.newal term. 6.2 If any invoice is not paid within thirty days atter the invoice date or If Customer shall otherwise breach any provision of this Agreement. Contel (without waiving any other remedy or right at law or in equity). may immediately terminate this Agreement at its sole option and discretion at any time by giving written notice to Customer, 6.3 If this Agreement is terminated for any reason, (a) Customer shall remain liable to Conte I for any damage to or theft of any of the Equipment which is Contel s property until such Equipment has been returned to Contel fursuant to Section 6.4, and (b) the provisions of Section 7 0 this Agree- ment shall remain in effect with respect to any damage or Injury arising out of or incurred in connection withperfor- mance of thIS Agreement pnor to such termination, If Customer IS able to remedy the cause for termination, Within 10 calendar days, to Contei's ytisfactlon, a one-time reconnect fee per site Will be charged to relnitiate the service at the affected Customer site(s). 6.. If Customer is receiving the Service pursuant to Attachment 1, then upon termination of this Agreement, Customer shall return the equipment at Its expense and Within ten calendar days of the termination date. Customer Will ensure that the EqUipment IS In good working order, sub,ect only to ordinary wear and tear due to normal use and subject to Contel's obligations under Section 7,1 of thiS Agreement, If Conte I By ~jJf~ (Customf!r S'gnaturt-) Monroe County Board of County Corrmisioners (Plea-,e pnnt nameo at (u~to",~r) Title Mayor I ' Date _2:1..'7 kl TelephOReA~Q,-1305) 294- 4641 Attest'~.NY L. KOLHAGE, Clerk ~ ~~,jQ.~,- determines in its sole discretion that the EqUipment IS not In good working order, It has the right to repair or replace It and apply Customer's depOSit toward such costs. 7. CONTEL RESPONSIBILITY AND LIABILITY; INDEMNIFICA nON 7.' Contel will use its bHt eNons to ma" the Service available for Customer's use Oft a regu"r and continuous "'sis and. if Customer has el<<ted to pay for the Service pursuant to Attachment t, to promptly re".ir or replace any Equipment that proves to be defective in workmanship or materials. Contel MAKES NO OTHER WARIfANTY OF ANY KIND WHATEVER, EXPRESS OR IMPUED, AND ALL IMPLIED WARRANnES OF MERCHANTAIILlTY AND FITNESS FOR A PARTICULAII PfJIU'OSE WITH RESPECT TO THE SERVICE AND THE EQUIPMENT ARE HEREBY DISCLAIMED IY CON TEL, WAIVED IY CUSTOMER AND EXCLUDED FROM THIS AGREEMENT. 7.2 Contel sha' not INt ,;.~ in any ewnt to Customer or any otlr.r person for any damagel, including incidental or consequential ~ (such as. for ...mple, loss of profits or loss 01 use' 01 a~ ..tuN whetsoever, arising out of or ;n cOl'iMCtion with (a, Customer's use of the ServICe, (b' delivery, use, re".ir 01 perlonunce of the EquiJNnenf. 01 (cJ any de,.ys in malting the s.rvice availabM for Customer's use, or d.,.ys in flansmission. "-rwss. nonavailabillty Of inaccuracy of data as furnished by the NWS and transmittH by Contel. 7.3 Weather information provided by Contel originates with the NWS and COftte/ does not in any way assume any liability for its content timeliness, fitness, or suitability for use by Custom.r or any other person. 8. COMPliANCE WITH LAW The parties Will comply With aU applicable federal, state, and local laws '" connection With this Agreement. 9. ENnRE AGREEMENT; MODIFICATION This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements or understandings, No amendment or waiver of this Agreement shall be binding unless in writing. identified as such, and Signed by the party against whom any such amendment or waiver IS sought to be enforced, 10. ASSIGNMENT Customer shall not assign this Agreement Without the pnor written consent of Contel. , ,. APPliCABLE LAW This Agreement shall be governed by the laws of the State of ~ Florida 2/28/89~ 12. DATE-INlnAL TERM 12.' The DateofthisAgreementisk?b '1,19~. 12.2 The Initial term of thiS Agreement IS--L>'ear(s), By (Cont~l Slgnatu(~) Title Date APMOV6DM TO,.., AND LEGAL SUFFJCfDICr. _J~~l\l1/~1~~P .....i'.:.Hnn.~l,lt \)Hic1'J ADDENDUM CONTEL 7916 WESTPARK DRIVE MCLEAN. VA 22102 OPTIONAL SERVICES WeatherStream 2000 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: Middle Keys Purchase Order No: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 Th is Agreement is made betwe~n Cont~1 a~d ~n:q;e f1fttv Board Of COunty Conmissoners a corporation havmg Its prmclpa 0 Ice at SOD Yffiitehead Street, Key West, Florida 33040 ("Customer"), WHEREAS: Contel and Custom@r are parties to Contract No, ("the Agreement") by which Contel has agreed to furnish to Customer the NOAA Weather Wire S.nllce ("the Senlice"); and WHEREAS: Customer seeks to obtain all or part of WeatherStream 2000, as Optional S@rvlces under the Agreement for use of the NOAA Weather Wire Service. THEREFORE, the parties have entered into this Addendum by which Contel will make available to Customer, through Satellite Information Services Corporation (SISCORP), a Conte I company, the following data from WeatherStream 2000 (initial all components selected): Digital Facsimile Data (DIFAX) Pubjic Products (PPS) Domestic Data (DDS) Inter".tionil Data (IDS) Aviation Oitia (FAA 604) Nlticm.l W.'lh.r Wire (NWW) HYGrolC)Qjc.1 O,tt (1-105) SOlar/Geophy"cal Plt~ (SGS) SelectiVity 98.00 1, Customer will pay Contel the charges set forth in 0 Attachment 1 ("Service Plan") or In o Attachment 2 ("Purchase Plan") (check plan selected) which reflects charges for the EqUipment _nd installation of the Equipment. data and other costs associated With WeatherStream 2000. 2. Conte' may unilaterally modify its charges for WeatherStream 2000 and any other additional options upon 30 days' written notice to Customer; provided. however, that such modi fled charges shall not become effective during the initial term specified in SectIon 12 of the Agreement, 3, ThIS Addendum i.. hereby incorporated into and expressly made part of the Agreement, 4, Thedateofth1sAddendumish'b ''1 . 19.Lt 5, The In,t,.1 t.rm of this Addendum IS ~ year(s), BY~~~~ By Title Mayor Title Date :7-/7 /ff Date Telephone No (305) 294-4641 A DAi"'iNY L. KOLHAGE Clerk ttest: ' ~L.~~/! (Contel Signature) A.f'PPOlii:.i AS /0 FORIl~. "If"! ':," sue,. 'r-IENey, (f. '~..., ',/' '. i):'.{{'\'(:.t..., (,d //. /, I 'L.JL{ ({ ~....::;.L.__.. ..~.--:-..~.J. ,.., IF ~, nil,'1 - , chment 1 CONTEL Government Networks Division 7916 Westpark Drive McLean, VA 22102 NOAA Weather Wire Service (NWWS) End User Price Schedule STANDARD TERMINAL LEASE PLAN Monthly Fees: . Equipment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am-Spm/Mon-Fri maintenance coverage $ 89,00 · Options: (Additional charge Items. Check Options to be provided.) 0 24-hrl7-day maintenance coverage S 10.00 [ZJ Customer selector keypad for NWWS data $ 3.00 3.00 I Dome-type cover for i1ntenna $ 3.00 SJ Equipment insurance $ 3.00 3.00 0 Parallel port on NV'/WS selector $ 3.00 [J Audible alarm on NW'NS selector $ 3.00 3.00 0 Display device prices available upon request. N/A Non-recurring fees: . installation* COVERED BY SEPARATE PO # . Relocation (after initial instal!.~.;""",) $ 250,00 $ 750.00 *Payable as a monthly fee of $5.00. Available only with 5 year subscriptions, Check if desired O. Terms: · Minimum service period is one YC,lr, · $200,00 security deposit WAVF.D (UXAL GCNERNMENr) TOTAL Non -recu rrin~ fc "5 PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 2 5Q.~Q!L_ $ 98.00 S N/A $ N/A Prices effective April 1988. ^-rrN: 3A CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: Marathon C D Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Contel and Monroe County Board of County Corrmissioners a corporation having its principal office at 500 W1itehead St. Key West, Florida 33040 ("Customer"). Billing address (if different than above)c/o Monroe County Civil Defense, 5192 OVerseas Hwy. Marathon, Fl. 33050. 1. GENERAL ,. t Contel will furnish to Customer the NOAA Weather Wire ServIce (' The Service") during the term of thIs agreement. 1.2 Customer shall not redistribute, for financial gain, the Service or any parts thereof, to any person or entity for any purpose or by any means whatsoever, without Canters written authorIZation, Any such distribution shall be considered a resate and subject to the Contel Reseller Agreement. 1.3 To receIve the ServICe, Contel will install and maintain on Customer's premises, and such other locations as Customer may deSignate, appropriate equipment comprising principally one or more reC~lve.only micro earth stations and selector (the "Equlpmp.nt"). (See Attachment " "Lease Plan"), At Customer's option, the Equipment may be purchased from Contel, In which event Customer is responsible for all EqUipment maIntenance, including demand service rates established by Contel. unless Customer elects to pa~ Contel a monthly maintenance fee, (See Attachment 2, Purchase Plan ") 2. CHARGES 2.1 Customer will 2ay Contel the charges set forth in o Attachment 1 or 0 Attachment 2 (check plan selected), which reflects charges for the Equipment and installation of the EqUipment. datil, and other costs aSSOCiated with the Service, 2.2 The chilrges for the Service will remain fixed during the initial term of thiS Agreement, During any extended or renewal term, the chllrges WIll be based on the prices in effect at the Inception of the extended or renewal term, 2.3 Before the Service is made available to Customer, Contel may require iI satisfactory credit guarllntee or deposit(s), 2A All federal, state, and local sales, use, excise, ad valorem, ) ) personal property, and other taxes and fM' of any. nature j " relating to the Service and the-fquipment as prOVided to Customer. whether imposed on Customer or on COAt,!. shall be ~Id directly by or reimbursed to Contel by Customer. 2.5 If. j:lTlor to expiration of the term of this Agreement, Customer requms termination of service or refuses to continue recetvlng the Service, Customer Nit nevertheless remaan fully bound by the terms and conditions of thIS Agreement and shall Piy all fees reqUired by this Agreement. ) y\ 3. BILLING & PAYMENT \ -' 3.1 Lease Plan (Attachment 1), All recurring _f,4te~ will be ,nvOlced monthly to Customer,Sych fees'sha1t-~ payable by /--- Customer In advlnc. on th. first day of ...,h month during which the Service IS to be provided, 3.2 Purchase Plan (Attachment 2), All recurring fe.s shall be InVOiced annually to Customer. Such fe., $ft.1t be payable by -- Customer In idvance on the first day of ea,h year during which , tne Service IS to be prOVided, 3.3 Equipment. Installation fees shall be fully payable by Customer upon receipt of the Contel inVOice for installation. Customers choosing self-installation of the equipment shall pay the fees commencing 30 days after either the effective date of this Agreement as prOvided in Section 6.1 or the date on which NOAA Weather Wire Service ("NWWS") becomes available in Customer's local area, whichever is later, regardless of the actual date of installation, Customers chOOSing self-installation shall pay for installation related service calls at demand service rates established by Contel regardless of the plan under which the Service is being provided or if Customer has chosen monthly maintenance. Applicable deposits and down payments shall be paid in full prior to installation of the Equipment. Interest at a rate not exceeding one and one-half percent a month Will be charged on any account overdue more than fifteen days. 4. CUSTOMER RESPONSIBILITY FOR HANDLING OF NATIONAL WEATHER SERVICE INFORMATION TRANSMITTED BY CONTEL 4.1 If Customer furnishes severe weather information and/or forecasts to the general public, Customer will ensure that all severe weather and flood bulletins, statements, advisorres. watches. or warnings that originate with the National Weather Service (NWS) and which are transmitted by Contel to Customer shall: (a) be attributed to the NWS; (b) not be modified except for phYSical format; (c) be issued verbatim and always as soon as pOSSIble after receipt when issued to the general public; and (d) not be disseminated after expiration time, 4.2 If Customer also originates its own severe weather information and/or forecasts, Customer Will ensure that such information is clearly differentiated from NWS-origmated watches and warnings and is attributed to Customer, aVOiding use of the terms "watch" and "warning" in presenting such information. 4.3 For media or other release to the general public of the NWS weather information transmitted by Conte I to Customer (including reports, warnings, analyses, and forecasts or information derived from them), Customer also Will ensure that: (a) nothing in announcements aSSOCiated With such reteases shall indicate or imply that the Government endorses any commercial product advertised; and (b) full credit shall be given for the source of the information and care will be taken to avoid any Implication that interpretations by others of such information are those of the NWS or Contel. S. CUSTOMER RESPONSIIILlTY FOR CONTEL EQUIPMENT S.1 Customer, at its own expense, will: (a) obtain authorization and any permits needed to allow (I) installation of the Equipment (including cable access and power supply), and (ii) access by Conte I and ItS authorized representatives to the Equipment for the purpose of maintaining and repairing It and otherwise to permit Contel to exercise its rights under this Agreement; (b) prepare and maintain the locations at which the EQuipment will be Installed In accordance with such written specifications as Contel may supply; and (c) provide the power source (110Vac 60Hz with a standard and proper receptacle containing a ground lead) to operate the controller Unit and any other components with separate power requirements, 5.2 With respect to Equipment provided pursuant to Attachment 1. Customer Will pay Contel for all damage to, or theft of the EQUipment and report to Contel. in writing, any malfunction In. damage to. or theft of any of the Equipment promptly after Its discovery by Customer, unless the Customer has selected the insurance option. 5.3 Customer will not allow any person, other than its own employees, Contel and its representatives to use or have access to the EQUipment, Contel shall have reasonable access to the EQUipment to perform maintenance or repa.r service to ensure proper reception of the data (including relocation of the antenna. at Customer's expense, to obtain necessary shielding against Interference or to obtain an unobstructed satellite look angle), 6. TERM; TERMINAnON 6.1 This Agreement shall take effect on the date listed in Section 12.1 or the date on which the NWWS data becomes avaIlable in the Customer's local area, whichever is later (the -Effective 0"'), and shan remain in effect for the term listed In Section 12.2 provided, however, that this Agreement shan automatically be renewed for successive terms of one-year at then current pnces unless either party gives the other party at least 90 days' written notice of its intention to terminate this Agreement at the end ofthe original term or any renewal term. 6.2 If any invoice is not paid within thirty days after the invoice date or if Customer shall otherwise breach any provision of this Agreement, Contel (without waiving any other remedy or right at law or in equity), may immediately terminate this Agreement at Its sole option and discretion at any time by giving written notICe to Customer, 6.3 If this Agreement is terminated for any reason, (a) Customer shall remain liable to Contel for any damage to or theft of any of the EqUipment which is Contel s property until such Equipment has been returned to Contel fursuant to Section 6.4, and (b) the provisions of Section 7 0 this Agree- ment shall rem.in in effect with respect to any damage or InjUry arising out of or incurred in connection with perfor- mance of this Agreement prior to such termination, If Customer IS able to remedy the cause for termination, within 10 calendar days, to Contel's satisfaction, a one-time reconnect fee per site Will be charged to relnitiate the service at the affected Customer site(s), 6.4 If Customer is receiVing the Service pursuant to Attachment '. then upon termination of this Agreement, Customer shall return the equipment at Its expense and Within ten calendar days of the termination date, Customer will ensure that the EqUipment IS '" good working order, subJect only to ordinary wear and tear due to normal use and subject to Conters obligations under Section 7,' of thiS Agreement. If (ontel By~AJI?A (custC~~' 'S'9natur~) M:::>nroe County Board of County Corrmissioners (Plf!'''~ print name of Cu~tome') Title Mayor 2/ 71~'J Date Telephone No (305) 294-4641 A :Y-t b: ~~e~'i determines In its sole discretion that the EqUipment IS not In gQod working order, It has the right to repair or replace It and apply Customer's deposit toward such costs, 7. CON TEL IlESPONSlalLlTY AND LIABILITY; INDEMNIFICA nON 7.1 Con~1 will 11M its best eHons to make the Service available ffN Customer's 11M on a reg"'r and continuous besis and, if Customer has el<<ted to pay for the Service pursuant to Attachment 1, to ptomptJy re".ir or replace any Equipment ~t ptOIIes to be defedive in workmanship or materials. Conte' MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPIIESS OR IMP"'ED, AND ALL IMPLIED WAIIUNnES OF MEIICHANTA.,LlTY AND FITNESS FOR A I'AIITlCULAII I'fJIIPOSE 'MTH RE$HCT TO THE SERVICE AND THE EOUIPMINT ARE HEllEaY DISCLAIMED IY CONTEL, WAIVED IY CUSTOM", AND EXCLUDED FROM THIS AGREEMENT. 7,2 Contel wi not be 'lable in any event to Customer or any other person for any damaves, including incidental or COftHCIUMtW....,.. (such as, ,. e...", loss 01 profits or loss aI 11M) aI .", _tift wlleUCMve" arising out of 0' in connection willi lal CuIfcNner', ..e 01.... ServiCe, (b) delivery, 11M, repair or ".".".... 01 tM ,=:t, or (cJ any delays in INking tM Sewb awtllable "" ,'s use, or cMlays in trallSlltirSion. ......... nona~ or iMCcuracy of data as fumishH by the NWS and transmitted by ~te/. 7.3 Weather information provided .., Contel originates with the NWS and Con,., does not in any..,. auume any u.biliCy ffN its content, _ellnes" fitness, or suitllbility for use by Customer or any otIt<< person. S. COMPLIANCE WITH LAW The parties will comply With all applicable federal, state, and local laws in connection With this Agreement. 9. ENnllE AGREEMENT; MODIfICATION This Agreement constitutes the ent"e agreement between the parties and supersedes any prior written or oral agreements or understandings, No amendment or waiver of this Agreement shall be binding unless in writing, identified as such, and Signed by the party against whom any such amendment or waiver is sought to be enforced, 10. ASSIGNMENT Customer shall not assign this Agreement without the prior written consent of Conte I. 11. APPliCABLE LAW This Agreement shall be ,qoverne~ l1!-aws of the State of ~ Florida 2/LB/B9 12. OATE-INInAL TERM 12.1 The Date ofthis Agreement is Fr.-"'I..:;J') , '9~, 12.2 The Initial term ofthls Agreement Is--1.Jear(s), By (Cont<>1 Sl(jnatur~) " Title Date ,..;'Pn:,.\,t;, A,) lJ r()f;"., ,VD,,/ ' SU'f'"!f/C:Y' ',~,"' ~_lL (\~:rJ[ (<AfLl, If-Ill Atl,'r(i}v II (jff~ {( ADDENDUM CONTEL 7916 WESTPARK DRIVE MCLEAN, VA 22182- OPTIONAL SERVICES WeatherStream 2000 AGREEMENT WEATHER INfORMATION SERVICES Contract No.: Marathon C D Purchase Order No: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made betwe~n Contel and r-bnr::pe F1ffV Board Of County Corrmi.ssoners a corporation having Its pflnClpa 0 Ice at 500 W'litehead Street, Key West, Florida 33040 (" Customer"). WHEREAS: Conte I and Customer are parties to Contract No, ("the Agreement") by which Conte! has agreed to furnish to Customer the NOAA Weather Wire Ser"lllce ("the Ser"llice"); and WHEREAS: Customer seeks to obtain all or part of WeatherStream 2000. as Optional Services under the Agreement for use of the NOAA Weather Wire Service. THEREFORE. the parties have entered into this Addendum by which Contel will make available to Customer, through Satellite Information Services Corporation (SISCORP). a Conte I company. the followi"9 data from WeatherStream 2000 (initial all components selected): Digital Facsimile Data (DIFAX) Public Products (PPS) Domestic Data (DDS) International Data (IDS) Aviation Data (FAA 604) National Weather Wire (NWW) Hydrological Data (HDS) Solar/Geophysical Data (SGS) SelectiVIty 98.00 1, Customer will pay Contel the charges set forth in 0 Attachment 1 ("Service Plan") or In o Attachment 2 ("Purchase Plan") (check plan selected) which reflects charges for the EqUipment and installation of the Equipment, data and other costs assOCiated With WeatherStream 2000, 2. Conte! may unilaterally modify its charges for WeatherStream 2000 and any other additional options upon 30 days' written notice to Customer; prOVided. however, that such modi fled charges shall not become effective during the initial term specified in Section 12 of the Agreement. 3, ThiS Addendum is hereby incorporated into and expressly made part of the Agreement, 4. The date of thiS Addendum is h-i>'. ? , 19 J--f 5 The Initial term of this Addendum IS ~ year(s). By ~~~~) By Title Mayor Title Date ~/'7 /1; Telephone No. (305) 294-4641 AttestD1N " Ny L. KOLTfA (:'r,1 01 I ~~~4~J;Z (Contel SIgnature) Date APMOI,~, . AS' "0 FORN, lL'If1I./:' ' ~U" 'I"'/ENCY. (/ '!'. ' ~,/((c 'r,l" . /f ... / .t.,!+,....,. ,. - '. <, f .-ii. " '"' 'ffw.' ,~ CONTEL Government Networks Division 7916 Westpark Drive McLean, VA 22102 - , 'achment 1 NOAA Weather Wire Service (NWWS) End User Price Schedule STANDARD TERMINAL LEASE PLAN Monthly Fees: . Equipment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am-Spm/Mon-Fri maintenance coverage $ 89,00 · Options. (Additional charge Items. Check Options to be provided.) 0 24-hrt7 -day maintenance coverage S 10.00 !SJ Customer selector keypad for NWWS data S 3.00 3.00 n Dome.type cover for i1ntenna $ 3.00 ~ Equipment insurance S 3.00 3.00 0 Parallel port on N'I'/WS selector S 3.00 ~ Audible alarm on NWWS selector $ 3.00 3.00 0 Display device prices available upon request. N/A Non-recurring fees: . Installation * COVERED BY SEPARATE PO # . Relocation (after initial instJI!'~.;""'l) $ 250.00 $ 750.00 *payable as a monthly fer? of ~5.00. Available only with 5 year subscriptions. Check if desired D. Terms: · Minimum service period is one YC,Jr, · $200,00 security deposit WAVED (I.lXAL GOJERNMENT) TOTAL Non-recu rri n~ fr.''''s PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 250.00 $ 98.00 S N/A $ N/A Prices effective April 1988. j -/ l I ..,J \ A.N:3A CONTEL 7916 WESTPARK DRIVE MclEAN, VA 22102 AGREEMENT WEATHER INFORMATION SERVICES Contract No,: Key West Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Contel and Monroe County Board of County Cornm.SS1.oners a corporation having its principal office at 500 Whitehead St. Key West, Fl. 33040 ("Customer.). Billing address (if different than above) c/o Monroe County Civil Defense, 5129 OVerseas Hwy., Marathon, Fl. 33059 1. GENERAL 1.1 Contel will furnish to Customer the NOAA Weather Wire Service (" The Service") during the term of this agreement. 1.2 Customer shall not redistribute. for financial gain, the Service or any parts thereof, to any person or entity for any purpose or by any means whatsoever, without Conters written authOrization, Any such distribution shall be considered a resale and subject to the Contel Reseller Agreement. 1.3 To receive the ServIce, Contel will install and maintain on Customer's premises, and such other locations as Customer may designate. appropriate equipment comprising principally one or more receive-only micro earth stations and selector (the "Equipment') (See Attachment 1, "Lease Plan"), At Customer's optIon. the Equipment may be purchased from Contel, In which event Customer is responsible for all Equipment maintenance. including demand service rates established by Contel, unless Customer elects to pa~ Contel a monthly maintenance fee. (See Attachment 2, Purchase Plan ") 2. CHARGES 2.1 Customer will ~ay Contel the charges set forth In o Attachment 1 or 0 Attachment 2 (check plan selected), which reflects charges for the Equipment and installation of the Equipment, data. and other costs assOCiated with the Service. 2.2 The charges for the Service will remain fixed during the initial term of this Agreement, DUring any extended or renewal term, the charges WIll be based on the prices in effect at the Inception of the extended or renewal term, 2.3 Before the Service IS made aVailable to Customer. Contel may require a satisfactory credit guarantee or deposit(s), rlor to expiration of the term of this A re , Customer r ermlnatlon of service 0 continue ~r (, receiving the Service, . nevertheless remain fully '- bound by th conditions reement and shall es required by this Agreement. 3. II/LlING & PAYMENT ),' Lease Plan (Attachment 1), All recurring fees will be inVOIced monthly to Customer, Such fees shalt be payable by Customer In advance on the first day of each month during which the Service IS to be prOVided -_ ,\ :\ ),2 Purchase Plan (Attachment 2), A.II recurring fe~All be -\ . InVOiced annually to Customer. Su~J:Lfeel-sftatt be-payable by .......... ~ustomer 1M advilll.ce on t-n. firS'rday of each year dUring which ""=",, '{be S.rv1Cf is to be prOVided, \ /'\ \.'\ ,;. ."- 3.3 Equipment. Installation fees shall be fully payable by Customer upon receipt of the Contel invoice for lMstallatlon, Customers choosing self-installation of the equipment shall pay the fees commencing 30 daY' after either the effective date of this Agreement as provided in Section 6.1 or the date on which NOAA Weather Wire Service ("NWWS.) becomes available in Customer's loal area, whichever is later, regardless of the actual date of installation. Customers chOOSing self-installation shall pay for installation related service calls at demand servICe rates established by Contel regardless of the plan under which the Service is being provided or if Customer has chosen monthly maintenance. Applicable deposits and down payments shall be paid in full prior to installation of the EqUipment. Interest at a rate not elCceltding one and one-half percent a month will be charged on any account overdue more than fifteen days. 4, CUSTOMER RESPONSIBILITY FOR HANOLlNG OF NATIONAL WEATHER SERVICE INFORMATION TRANSMITTED BY CONTEL 4.1 If Customer furnishes severe weather information and/or forec.sts to the general public, Customer will ensure that all severe weather and flood bulletins, statements, adVISOries. watches, or warnings that originate with the National Weather Service (NWS) and which are transmitted by Contel to Customer shall; (a) be attributed to the NWS; (b) not be modified except for phYSical format; (c) be issued verbatim and always as soon as pOSSible after receipt when issued to the general public; and (d) not be disseminated after expiration time. 4.2 If Customer also originates its own severe weather information and/or forecasts, Customer Will ensure that such information is clearly differentiated from NWS-originated watches and warnings and is attributed to Customer. aVOiding use of the terms "watch" and "warning" in presenting such information. 4.3 For media or other release to the general public of the NWS weather information transmitted by Contel to Customer (including reports, warnings, analyses. and forecasts or information derived from them), Customer also Will ensure that: (a) nothing in announcements associated With such releases shall indicate or imply that the Government endorses any commercial product advertised; and (b) full credit shall be given for the source of the information and care will be taken to avoid any Implication that interpretations by others of such information are those of the NWS or Conte I. 5. CUSTOMER RESPONSIBILITY FOR CONTU EQUIPMENT 5.1 Customer, at its own expense. will: (a) obtain authorization and any permits needed to allow (I) installation of the Equipment (including cable access and power supply), and (il) access by Contel and ItS authOrized representatives to the Equipment for the purpose of maintaining and repairing it and otherwise to permit Contel to exercise its rights under thiS Agreement; (b) prepare and maintain the locations at which the Equipment Will be Installed In accordance with such written speCifications as Contel may supply; and (c) prO\/Ide the power source (110Vac 60Hz with a standard and proper receptacle containing a ground lead) to operate the controller UMlt and any other components With separate power requirements. 5.2 W,th respect to EqUipment prOVided pursuant to Attachment 1, Customer Will pay Conte' for all damage to, or theft of the EqUIpment and report to Contel, in writing, any malfunction In, damage to, or theft of any of the Equipment promptly after Its discovery by Customer, unless the Customer has selected the insurance option, 5.3 Customer Will not allow any person, other than its own employees, Conte I and its representatives to use or have access to the EqUipment, Conte I shall have reasonable access to the EqUipment to perform maintenance or repair service to ensure proper receptIon of the data (including relocation of the antenna, at Customer's expense, to obtain necessary shielding agalftst interference or to obtain an unobstructed satellite look angle). 6. TlRM; TlRMINAnON 6.1 This Agreement shall take effect on the date listed in Section 12,1 or the date on which the NWWS data becomes available in the Customer's local area, whichever is later (the . Effective Date.), and shall remain in effect for the term listed In Section 12.2 provided, however, that this Agreement shall automatically be renewed for successive terms of one-year at then current prices unless either party gives the other party at least 90 days' written notice of its intention to terminate this Agreement at the end of the original term or any renewal term, 6.2 If any invoi~ is not paid within thirty days after the invoice date or if Customer shall otherwise breach any provision of this Agreement, Contel (without waiving any other remedy or right at law or in equity), may immediately terminate this Agreement at its sole option and discretion at any time by giving written notice to Customer, 6.3 If this Agreement is terminated for any reason, (a) Customer shall remain liable to Contel for anl damage to or theft of any of the Equipment which is Conte 1 s property until such Equipment has been returned to Conte' fursuant to Section 6.4, and (b) the provisions of Section 7 0 this Agree- ment shall remain in effect with respect to any damage or inJUry arising out of or incurred in connection with perfor- mance of this Agreement prior to such termination, If Customer is able to remedy the cause for termination, within 10 calendar days. to Contel's satisfaction, a one-time reconnect fee per site will be charged to reinitiate the service at the affected Customer site(s). 6.4 If Customer is receiving the Service pursuant to Attachment 1. then upon termination of this Agreement, Customer shall return the equipment at Its expense and Within ten calendar days of the termlnatron date. Customer will ensure that the EqUipment IS In good working order. sublect only to ordinary wear and tear due to normal use and subJect to Conters obligations under Section 7.1 of thiS Agreement. If Contel By #gM Jlf?4 (Cu'lom",5'gnalu,,,j MJnroe County Board of County Comnissioners (Ple-a~ Print ndm~ of Cu\t0mer) Title Mayor Date ;1-//7 /'f Telephone No, (305) 294-4641 At t est: DANNY L. KOLHAGE, Clerk /J-A-~~ determlOe, In its sole discretion thilt the EqUipment IS not In good working orde', It has the right to repair or replace It and apply Customer's depoSit toward such costs, 7. CONTEL RESPONSIIILlTY AND LIABILITY; INDIMNIFICA TlON 7.1 Conte/wlll use its Hse el#olU to md. the Service available for Custome,.s use on a refJula, and continuous basis and, if Customer h.s elected to fillY for the Service pursuant to A~chment 1, to promptly reflllir or ,.place any Equipment u..t protIfl to be defective in workmanship or mater;a/s. Con tel MAKES NO OTHER WARRANTY OF ANY KIND WHAT'VER, EXPRESS Olt IMflLlED, AND ALL IMPLIED WAltltAlIIT/fS OF .,,'ItCHAIIITA_ITY AND FITNESS FOR A PAllTlCUlAIt I'fJRI'OSE WITH ItfSflEa TO THE SEItVICE AND THE EQUlflMfNT AIt' HEltf.Y DISCLAIMED .V CONTEL, WAIVED SV CUSTOMEIt AND EXCLUDED FROM THIS AGREEMENT. 7.2 Cant., sM' not be ,.,. in any ev.nt to CustOlMr or any othe, penon fo' any d.m.,.., includin9 incidental or ~ ~ (such as, foIea..".1oss of profits OT loss 0# we' of .", ...tuN ~" arll~ out of or in eOf.nealon wifIt (.) eun.ner', use of the S<<vlCe, (b' delivery, ..... ...".. or peffGttnllftCe at ".. ~=nt. or (e' .ny ./ays in ma'd", the serva .diIHIe foI er's lift, or delays in tnMlltisiion. "1ItIIe.SI. IIGMv.1tbIfty or inaccuracy of data as fumisIted by tile NWS and transmitted by Cont". 7 .3 weather inforMation provided by ConteI 0fiIinates with the NWS .nd eon,., does not in .Ift way ass.... any liability for its CGfttenf,. tlmellMSs, fitness, or suitability for use by Customer or a", oeMr person. 8. COMPLIANCE WITH LAW The parties Will comply with all applicable federal, state, and local laws in connection WIth this Agreement. t. ENTIRE AGREEMENT; MODIfICATION This Agreement constitutes the entire agreement between the parties and supersedes any prior wfltten or oral agreements or understandings. No amendment or waiver of this Agreement shall be binding unless in writing, identified as such, and signed by the party against whom any such amendment or waiver is sought to be enforced, 10. ASSIGNMENT Customer shall not assign this Agreement without the prior wfltten consent of Contel. 11. APPUCAlLELAW This Agreement shall be governed ~~.tH laws of the State of ~ Florida 2/28/89 ~ 12. OATE-INmAL TERM 12.1 The Date ofthisAgreementis/(?b'1, 19.K, 12.2 Th@ Initial term of thIS Agreement Is--1-Year(s) By (Cont'" 5'gnatu,,,) Title Date ~f'Pfl'i\/':, AS a FORM /\"in u: Sf) -nrIENCY. W ;Jtljl'i~t"'~k/:j ..... TJ-;; ~v 'fI1f:1 ADOENDUM CONTEL 7916 WESTPARK DRIVE MCLEAN. VA 22102 OPTIONAL SERVICES WeatherStream 2000 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: Key West Purchase Order No: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made betwe~n Cont.el a~d ~ru::pe f~Y Board Of C'D1.mty C':ornmissoners a corporation having Its prmclpa 0 ICe at 500 \-ffiitehead Street, Key West, Florida 33040 (" Customer"). WHEREAS: Conte! and Customer are parties to Contract No, ("the Agreement") by which Contel has agreed to furnish to Customer the NOAA Weather Wire Senllce ("the Service"); and WHEREAS: Cunomer seeks to obtain all or part of WeatherStream 2000. as Optional Services under the Agreement for use of the NOAA Weather Wire Service. THEREFORE, the partIes have entered into this Addendum by which Contel will make available to Customer. through Satellite Information Services Corporation (SISCORP), a Contel company, the following dau from WeatherStream 2000 (initial all components selected): Digital Facsimile Data (DIFAX) Public Products (PPS) Domestic Data (ODS) International Data (IDS) AViation Data (FAA 604) National Weather Wire (NWW) Hydrological Data (HDS) SolarlG.ophyslCal Data (SGS) SelectiVIty 98.00 1, Customer will pay Contel the charges set forth in 0 Attachment 1 ("Service Plan") or In o Attachment 2 ("Purchase Plan") (check plan selected) which reflects charges for the EQUipment and installation of the Equipment, data and other costs associated WI th WeatherStream 2000. 2, Contel may unilaterally modify its charges for WeatherStream 2000 and any other additional optlon~ upon 30 days' written notice to Customer; prOVided, however, that such modi fled charges shall not become effective dUring the initial term speCified in Section 12 of the Agreement, 3, ThiS Addendum is hereby incorporated into and expressly made part of the Agreement. 4, The date of thiS Addendum is !Ct. / , 19 k'/. 5, The Initial term of thiS Addendum IS .2- year(s). By :./~~ ~ustome~e) Title ~-;=-- Mavor Date _ ;?-;~ 7 /ff~ Telephone N~, (365) 21ftf-4641 At t t];)f~NW.l L. KOLlIAGE, Clerk By (Contel Signature) Title Date AFfJp '\'':: AoS 10 FORNi ~, -'I~'ENCY. , ( j " t, f ". ." 7~/ //K 1\ (if' tt:1411..liIUl.r ..... I!j ~ j(f1Cf CONTEL Government Networks Division 7CJ 16 Westpark Drive McLcZIn, VA 22102 NOAA Weather Wire Service (NWWS) End User Price Schedule chment 1 STANDARD TERMINAL LEASE PLAN Monthly Fees: . Equipment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am-Spm/Mon-Fri maintenance coverage $ 89.00 · Options: (Additional charge Items. Check Options to be provided.) 0 24-hrl7-day maintenance coverage S 10.00 (S] Customer selector keypad for NWWS data S 3.00 3.00 ~ Dome-type cover for antenna $ 3,00 :zJ Equipment insurance S 3.00 3.00 ,...., Parallel port on NWWS selector $ 3.00 u ~ Audible alarm on NWWS selector S 3.00 3.00 0 Display device prices available upon request. N/A Non-recurring fees: . Installation * COVERED BY SEPARATE PO # . Relocation (after initial instaI!0';":1) $ 250.00 $ 750.00 * Payable as a monthly fee of ~5,OO. Available only with 5 year subscriptions, Check if d0sired O. Terms: · Minimum service period is one YC.Jr. · $200,00 security deposit WAVED (I1X:AL GOIJERNMENr) TOTAL Non -recu rrin~ h~ "S PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 250!00 $ 98.00 $ N/A $ N/A Prices effective April 1988.