03/21/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
April 24, 2001
TO:
Reggie Paros, Director
Public Safety Division
FROM:
Norm Leggett, Senior Director
Emergency Management
Pamela G. Hanc08
Deputy Clerk U
ATTN:
At the March 21, 2001, Board of County Commissioners meeting the Board granted
approval and authorized execution ofa PSAP Nondisclosure Agreement between Monroe County
and Sprint PCS concerning Enhanced 911 Emergency Telephone Number (E911) Phase I
Implementation.
Enclosed is a duplicate original of the above for your handling. Should you have any
questions please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance
File/
PSAP Nondisclosure Agreement
This agreement is made by and between Sprint Spectrum, L.P. d/b/a Sprint PCS, and its associated and
affiliated companies, and the Monroe County Board of County Commissioners, ("PSAP"),
PSAP agrees that it may be necessary for Sprint PCS to provide PSAP with certain confidential
information, including trade secret information, considered to be proprietary by Sprint PCS in conjunction
with provision of services and materials relating to the provision of Enhanced 911 services (E9ll).
Such confidential information specifically includes, but is not limited to, technical and business plans,
technical information, specifications, drawings, proposed products, processes, services and like information
("Information"), including this Agreement. PSAP hereby agrees to receive such information and to
disclose such information only subject to the following terms and conditions:
1. PSAP agrees to protect such information provided to PSAP from distribution, disclosure or
dissemination to anyone except employees of PSAP with a need to know such information in
conjunction with the above services and materials, except as authorized herein or as otherwise
authorized in writing by Sprint PCS. PSAP will use, at a minimum, the same standard of care to
protect such information of Sprint PCS as it uses to protect its own similar confidential and proprietary
information, which standard of care shall in all events be sufficient to conform with the requirements
of this Agreement. PSAP further agrees it will indemnify and hold harmless Sprint PCS from all
losses, damages, causes of action and attorney's fees arising from breach of this Agreement by PSAP,
2, All information obtained by PSAP hereunder or in contemplation hereof shall remain Sprint PCS's
and/or any applicable third party owner's property. All such information shall be in writing or other
tangible form and clearly marked with a confidential or proprietary legend. Information conveyed
orally or visually shall be designated as proprietary or confidential at the time of such conveyance and
must be reduced to writing within forty-five (45) days. At the direction of Sprint PCS, all copies of
such information in written, graphic, or other tangible form shall be destroyed or returned to Sprint
PCS.
3. PSAP will not have an obligation to protect any portion of the information which:
(a) is made publicly available by Sprint PCS or lawfully by a~' onparty to this agreement;
(b) is lawfully obtained by PSAP from any source other than print PCS or its assigned agents;
(c) is previously known to PSAP without an obligation to kee it confidential;
(d) is released by Sprint PCS in writing, or;
(e) is provided pursuant to a subpoena, court order or otherwis~ by operation oflaw, provided
reasonable notice shall be given to Sprint PCS and PSAP shall assist Sprint PCS in seeking
protection for such information,
4, PSAP agrees to use the information solely in supporting Sprint [pCS and for no other customer
purpose, PSAP will only make copies of the information recei~ed by it from Sprint PCS as are
necessary for its use under the terms hereof, and each such copt will be marked proprietary or
confidential.
5. PSAP agrees not to identify Sprint PCS or any other owner of information disclosed hereunder in any
advertising or publicity without the prior written permission of Sprint PCS.
6. Information shall be subject to the terms of this Agreement for one (1) year from the receipt of the
information by PSAP, Any information, which is a trade secret under applicable law, shall be subject
to the terms of this Agreement for so long as such information remains a trade secret. This Agreement
shall otherwise expire one (1) year from the date of execution.
7. This Agreement shall be construed in accordance with the laws of the State of Florida,
8. No license to PSAP under any trademark, patent or copyright is either granted or implied by Sprint
PCS's disclosure of such information to PSAP.
9. This Agreement does not represent, and should in no way imply, commitment on the part of the PSAP
to purchase the products or services of Sprint PCS nor as an encouragement to expend funds in the
development thereof. No such agreement to provide or develop products or services shall be binding
unless and until expressed in a writing signed by authorized representatives of both parties.
10. This Agreement constitutes the entire agreement between the parties hereunder and may not be
modified or amended other than by written instrument executed by both parties. The parties represent
that they have read this Agreement, understand it and agree to be bound to its terms and conditions.
There are no understandings or representations, express or implied, which are not expressed herein.
SprintPCS
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