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02/07/1989 j' ./ jl '..' \ , .-j ,/, ! / '-..}, (~ " , a --rN: SA CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMA nON SERVICES Contract No.: Key West Purchase Order N~.: Sales and Use Tax Vendors Exemption Reg. No.: Q3-00021-03-54 This Agreement is made between Contel and Monroe County Board of County ConnusSl.oners a corporation having its principal office at 500 Whitehead St. Kev 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 Contel Will furnish to Customer the NOAA Weather Wire Service (-The Servfce.) during the term of thiS agreement. ,.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 me~ns whatsoever, without Cont.rs written authOrization. Any such distribution shall be considered a re~le 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 des.gnate. appropriate equipment comprising principally on. or more receive-only micro earth stations and selector (the "EQulpment-). (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 fstaotashed by Contel, unless Customer elects to pal Contel a monthly maintenance fee. (S.. Attachment 2, Purchase Plan" ) 2. CHARGES 2.1 Customer will ~ay Contel the charges set f. orth in o Att,chment t 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 Th~ ch~rges 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 S.fore the Service is made available to Customer, Conte' may require a satisfactory credit guarantee or deposit(s). 3. BilLING & PA YMENT \ ,I' 3.1 Lease Plan <An~chment 1). All recurring fees will be \., \ i InVOiced monthty to Customer. Such. fees shaft -be 'payable by -~. _" Customer In advance on the lirst. day of eac:~ . month during wht(h the Service IS to be provided. --. '. - -.--. , _. _ '\ /\ ).2 Purchase PI~n (Attachment 2). .A.II recurring fe~bAll be '" ; InVOiced annuarty to Customer.Su~bJe.-iftett b.--p.yable by " ,~ ~ustom.r '~ adv~n'e on th..fj~aay of each year during which ~, ~b. ServIce IS to be prOVided. - - --. . 3.3 Equipment. Installation f.es sh.U be fully payable by Customer upon receipt of the Conte' invoice for installation, Customen choosing self-instillation of the equipment shall pa~ .th. fees commencing 30 days after either the effective date. of this Agr..ment as provided in Section 6.1 or the date on which NOAA Weath.r Wire Service (.NWWS.) becomes .vailable in Custom.r's local .re., whichever is later, regardless of the actual date of installation. Customers choosing self.installatlon shall pay for install.tion related service Qlls It dem.nd service ratlS established by Conte I regardless of the pl.n 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 exc.ttding on. and one-half percent a month Will be charged on any account overdue more than fifteen days. .. CUSTOMER RESPONSIIIUTY FOR HANDLING OF NATIONAL WEATHER SIRVICE INFORMATION TRANSMITTED BY CONTEL ..1 If Customer furnishes SIvere we.ther information .nd/or forecasts to the gener II public. Customer wilt ensure that a II sever. weather and flood bulletins, statements, advisories, watches, or warnings that originate with the National Weather Service (NWS) and which are transmitted by Conte' 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 Cd) 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 weathe, information transmitted b, Contel to Custom er (including reports. warnings, analyses, and forecasts or information derived from them), Customer also will ensure that: (a) nothing in announcements asociated 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 Clr. will be taken to avoid any im plication that interpretations by others of such information are those of the NWS or Contel. S. CUSTOMER RESPONS'ltLITY FOR CONTEL EQUIPMENT 5.1 Custom.r, at its own expense, will: , (.) obtain authorization and any permits needed to allow <I> installation of the E~uipm.nt (including cab'. access and power supply). and (it) access by Conte' and its authorized r.present.tives to the Equipment for the purpose of maintaining and repairing it and otherwise to perm It Conte I to exercise its rights under this Agr.ement; '.;~~~~'.'J, ,(. '~!~" 1 '~i (b) prep~re and m~.ntaln the loc~t,ons .t which the EQu.pment w.1I be .nstalled an ~ccordance wath such wratten speclf,c~tlons ~s Contel may supply; and (c) provide the power source (ll0Vac 60Hz wIth it standard and proper receptacle containing a ground lead) to op.r~te the controller unit and any other components with s.p.rate power requlremenU. 5.2 W'th respect to EquIpment provided pur,uant to Attachment 1, Customer Will pay Contet for aU damage to, or theft of the Equipment and report to Contel, in writing, any malfunction .n, damage to, or theft of any of the Equipment promptly aft.r Its discovery by Customer, unless the Customer Mas selected the insurance option. 5.3 Customer will not allow any person, other than its own @mployees, Contel and its representatives to use or have access to the EqUipment. Contel shaU have re.sonabl. access to the EquIpment to perform maintenance or repair Service to ensure proper reClpt.on of the data (including relocation of the antenna, at Customer.s expense, to obtain neCISs.ry shielding against interference or to obtain an unobstructed uteUite look angle). I. TERM: TERMlNAnON 6.1 This AgrHment shall glee eff.ct on the date listed in Section 12.1 or the date on which the NWWS data becomes availabl. in the Customer's local ar.., whichever is later (the · Effective 08te .), and shall remain in effect for the term lilted in Section 12.2 provided, however, that this Agr..ment shall .utomaticaJly be renewed for successive terms of on...ye.r at then current prices unless either party gives the other party at least 90 days written notic. of its intention 'to terminate this Agreement at the end of the original term or any renewal. term. U If any invoiat is not ~id 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 .t law or in equity), may immedi.~y terminate this Agreement at its so,. option and discretion at any time by giving written notice to Customer. 6.3 If this Agr.ement is terminated for any r.ason, (a) Customer shalf remain liable to Conte I for anl damage to or theft of any of the Equipment which is Conte' s property until such Equipment ha. be.n returned to Contel funuant to Section 6.4, and (b) the provisions of Section 7 0 this Agr.. ment shall remain in effect with respect to any damage or injUry arising out of or incurred in connection with perfor- mance of this Agr..ment prior to such termination. If Customer is abte to remedy the cause for termination, within 10 catendar days, to Conte"s satisfaction, a one-time reconnect fee per site witt be charged to r.initiate 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 '.turn the equipment .t Its expense and With." ten calendar days of the termination date. Customer will ensure that the Equ.pment IS In good working order, subject only to ordinary wear and tear due to normal use and subject to Contet', obligations under Section 7.1 of this Agreement. If Contel BY?/gU JIflAK (Cu~tomer Sf(~n~tut~) Monroe County Board of County' cornnissioners {PleaM pt.nt n"me of Cu~tom~r) Ti tl e Mavor Date :1-,/7 /~~t 7 ' ,; ,/" Telephone No. (305) 294-4641 A t t est: DANNY L. KOLHAGE, Clerk ~~.~~~~ ~ ,.. determ.ne, an its sole d.,cretlon th.t the EQUipment tS not In good working order, it has the right to repatr or 'eptace It and apply Custom.r., depoSit toward such costs. 7. CONTEL RESPONSIIILITY AND LIABILITY: INDfMNIFICA liON 7.1 Cont.1 will us. Its bese etfolU to malte th. Servic. av.ilabl. "" Custome,'s use 011 . regula, .nd continuous NS;S .nd, if Cu.tom., It.. .'<<fed to pay 'or the Service pursu.nt to AtYchment " to fJ'OIftpf!y ,.".;r or NPMC. any Equipment tMt pI'OtIes to be defective in workm.nship or m.teria/s. Coneel AlA<<'S NO OTHER WAItIfANTV OF ANY KIND WHATIVEIf, EXPII'SS Oil III"'ED, AND ALL IMPLIED WAlfUNTlfS OF "'ltCHANTA.'Lrry AND ',TNESS FOR A 'Alf1'laJtAIt I'UIII'OSI WITH "~Ea TO THE S'lfV'CE AND THE IQUI'",'.' ARI HEll'.., D'SCLAIMID .Y CONTEL, WAIVEO 'V CUSTOMER AND EXCLUDED FIfOM THIS AGREE"'.T. 7.2 Cone., sM' IIGC ... .bIe ill .,.y eve"t to CustOflMt Of any othe, "."on '0' .,., d.m....., including incident.' or _...... (such.... tot e..."", loa 0' profits or loa 01 ..., 01 ~ IIItIft whaCrowe" arilln, out 0' 01 in c.....nectiGn with (al C&IdMIer', use 01 tINt S.rtllC., (b' delivery, .... ,.".. 01_ 01 the .......nc. IN (el a,., .'.ys In mat~ tile s.mc. .tMilllbIe tot Custom.,'s use, <<delays in tr;JftllIIIsiIGft, II....... .....v..,." 01 inaccuracy of.ta ., funti$Ited by CIte NWS and transmitted by Conte#. 7.3 ....... ......tIan provided by ConteI orieinates with the NWS and eon., does not lit .,., wa, .ss.... .~ llabl~ IrN Its content. tbrtellftfl" fltll.", or luit.bility 'or us. by C~OI.nr other person. I. COMPLIANCI WITH LAW The ~rties will comply with aU applicable federal, state, and local laws in connection With this AgrHment. I. INnl1 AGREEMENT; MODIFICATION This Agreement constitutes the enter. agr.ement between the parties and supersedes any prior written or or.'lgreements or understandings. No amendment or waiver of this Agreement shall be binding unless in writing, identified as such, and signed by the party against whom any such amendment or waiver is sought to be enforced. 10. ASSIGNMENT Customer shall not assign this Agr.ement without the prror written consent of Cont.l. 11. APPUCAILELAW This Agreement shall be govirned _~.6tW laws of the State of __~ Florida 2/28 89 tmW 12. DATE-INmAL TERM 12.1 The .Ca't. of this Agreement" i~'Jeb '1 , 19 li... 12.2 Th@ initial term of this Agreement Is--1-Year(s). By (Conte' StgnAtute) Title Date ;4PPnr:, \, c. ~ : AS r 0 FORA'I /ll'l.O LI.= ,r.: . il. ..~'Jj.~r'C'ENCY, :;y ;jr:f)~${t1fJ.Z~1I.~k(!/ .....:,.~ !Iv' 'lflt:t ADDENDUM CONTEL 7916 WESTPARK DRIVE MCLEAN, VA 22102 OPTIONAL SERVICES WeatherStream 2000 AGRE~MENT WEATHER INFORMATION SERVICES ----=--..:._~....._- Contract No.: Key West Purchase Order No: Sales and Use Tax Vendors Exemption Reg. No.: 03-00921-0~-54 Thl$ Agreement is made betwe~n Cont~l a~d ~nrpe F~:ty BQg:t'Q. Of C.Dlm~ Conmissoners a corporation having Its prlnClpa 0 Ice at 500 \Vhitehead Street, Kev West. Florida 33040 (" Customer"). . 'NHEREAS: Contef and Customer are partie~ to Contract No. C'the Agreement") by which Conte' has agreed to furnish to Customer the NOAA Weather Wire Senl.ce ("the Service"); and WHEREAS: Custom@r seeks to obtain all or part of WeatherStream 2000. as Optional Services under the Agreement for use of the NOAA Weather Wire Service. iHEREFORE. the parties have entered into this Addendum by which Conte' will make available to Custom.r, through Satellite Inform~tion Services Corporation (5ISCORP). a Conte' company, the foUowing da~ from Weath.rStream 2000 (initial all components selected): Digital Facsimile Data (OIFAX) Public Products (P~) Domestic Data (DOS) International Data (IDS) AVI41tion Data (FAA 604) National Weather Wire (NWW) Hydro'ogical Data (HOS) So'~rIGeophyslcal Data (SGS) Selectivity 98.00 1. Customer will pay Conte' the charges set forth in 0 Attachment 1 ("Service Plant') or in o Attachm.nt 2 ("Purchase Plan") (check plan selected) which reflects charges for the EQuipment and in~tallation of the Equipment, data and other costs associated WI th W.atherStream 2000. 2. Conte' may. unilaterally modify its charges for WeatherStr.am 2000 and any other additional optlon~ upon 30 day\' written notice to Customer; provided, however, that such modi fled (harg~ shall not become effective during the initial term specified in Section 12 of the Agreement. By (Con\el Signature) Title Date AFPr:'~ I ~1': 0 AS' FO FORM ,r ,. . 3~/ -to 1f';IENCY. ...ih- (( ',2. t~:,tt<~;j, rl-1t ;U' ,If/ rot. t'i " ~ : iIf~: ""1"4' ': ~ . /~../ ''../', CONTEl Government Networks Division 7916 W~stl)ark Drive ~/' ( L e (J ", V A 2 2 1 0 2 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/Mo~-Fri maintenance coverage · Options: (Additional charge Items. Check Options to be provided.) . S 89.00 0 24-hrl7-day maintenance coverage S 10.00 tSJ Customer selector keypad for ~JWWS data S 3.00 3.00 CJ Dome-type cover for antenna $ 3.00 ~ Equipment insurance S 3.00 3.00 0 Parallel port on NWWS selector $ 3.00 ~ Audible alarm on NWWS selector S 3.00 3.00 0 Display device prices available upon request. N/A rJon-recurring fees: . Installation* COVERED BY SEPARATE PO # $ 250.00 S 750.00 . Relocation (after initial instal!~~:n~,) . .Payable as a monthly fel? of $5.00. Available only with 5 year sub~(riptions. Check if (l{'sired O. Terms: · Minimum service period is one yc.]r. · $200.00 security deposit WAVED (I1AAL GOVERNMENr) TOTAL Non-recurrinf] fc(~s PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 250~OO $ 98.00 $ N/A S N/A Prices effective April 1988. ATTN:3A COHTEl 791& WESTPARK DRIVE McLEAN, VA 221,02 AGIIEMENT WEATHER INFORMA nON SlIVlas Contract No.: Key West 1364 Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00Q21-03-54 This Agreement is made between Cantet and :!-t:>nroe CCUntv ~d, of Cc.uQtv Camlissioners a corporation having its principal office .5PO' *~~ ~t. Key West, Florida 33040 (.Customer.). lilling addrets (if different than above) 1. GENERAL 1.1 Conte' will furnish to Customer the NOAA W..ther Wire Service ('- The Service.) during the term of this .,r..ment. 1.2 Customer shall not redistribut., for financial gain, the Service or any perU tMreof. to ."y person or entity for any purpose or by any means whatsoever, without Contiit's writeeft .uthoriz.tion. Any such distribution shall be considered a res.le and subject to the Comet ....,.er At,.."'eftt. 1..1 To receive the Servic., ConteI will install and maintain on Customer's premises, and such other locations .. Customer may designate, appropriate equipment comprising princi..Uy on. or more receive-only micro earth stations and selector (the "EQuipment"). (S.. Attachment 1, "Leas. Plan "). At Custome"s option, the Equipment may tM purchased from Contel, in which event Customer is responsible for .11 EqUipment ma.ntenance, including demand service rates est~blished by Contel, unless Customer elects to p.~ Contel a monthly maIntenance f.e. (S.e Attachment 2, Purchase ptan ") 2. CHARGES 2 1 Customer will J!ay Contel the c,harges set forth in ~ 'Attachment 1 or 0 Attachment 2 (check plan selected), :hich 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 0' renewal term, the charges will be based on the prices in effect at the inception of the extended or renew.1 term. 2.3 Sefore the Service is made availabl. to Custome" Contel may require a satisfactory credit guarantee or deposit(s). 2.5 If, prior to expiration of the term of this Agreement, Customer requests termination of service or refuses to continue receiving the Servic.. Customer shall nevertheless remain fully bou nd by tn, t.rms and conditions of thjs Agreement and shall p~y all flft t.qYired by this Ag,"ment. 3. BllLINe & 'AvMet4f 3.1 L..... Plan (Attachment 1). All recurrinQ. fees will be Invoiced monthly to Customer. 3ills submitted at the beginning of the rronth will be paid or. or 1.Jbfore the e.nci Jf the r~nth for the applicable service. '~~f\ ~ 11-. t,....Jj~ _~th a. :. #' l ~~~ Ii.. J.J Equipment. Installation f.. shall be fully payable by Customer upon receipt of the Concet invoice for installation. CUltOlMrl'~ Mtf-inata.lation of the equipment shall pa~ the fees COM~ )0 days ..fter either the effective date of this ..reement . ~ in Section 1.1 or the date on which NOAA ......, WiN Service (-NWW$-) becom. available in C......'s IaceI ....., whichev.r is 'at.r, re,ardless of the .... ... of ie......... C....... choosi"l .If.installation .... . ..., .. ~._" ,...... ... caJII at .",and service r._ ........... ,.., 'CentaIt .....r... of the plan under which the Serva ..Mint ~ or if CYItOM.r, ~.. chosen monthly mainteNRCe. ApjIiaitte ~ ~ down lHIyments sh.1I be paid in ~ "... tit ~ of the Equipm~t. Interest at a ra. not ....... ... .net ~f per~.nt'., mQnth will be chargecl on any account overdue. mON than fift.." days. .. CUlTOIIIR IISfONs.IJTY POll HANDLJItG OF NAnONAL WlAtM'. SIIWtCI,.'GUlATION TRANSMITTED IV COllftL . 4.1 If Customer furnishes .ve,e weather information and/or forecasts to the ~,..J public, Customer will ensure that a II severe weather and' flood bulletins, statements, advisories, w.atches, or warnin. tbat originate with the National Weather Service (NWS) and Which ar. transmitted by Conte' to Customer shan: (a) be attributed to the NWS; (b) not be "'~ except for physical format; (c) be illUed y.....tim and always as soon as pOSSible after receipt when iIIU8d to the ....ral public; and (d) i~"~~ot be ...minated after expir.tion time. t.Z IfCustom.r a~1O Origin., tel its own severe weather information anellor forecMts, C~mer will ensure that such information is ct..rly differentiated from NWS-originated watch.. anet wemings and is attributed to Customer, avoiding use of the terms -Watch- and .warning" in presenting such information . U For meet.. or other ret... to the genera' public of the NWS w.ather inform.tion transmitted by Contel to Customer (incluein, reportl, warnings, analyses, and forecasts or information derived from them), Customer also will ensure that: (a) nothing in announcements usociated with such releases shall inaicate or imply that the Government endorses any cammer. ~,*ertiMd; and " .' . (b) fufl credit'..... .. giveri -for $e*r:ce-'of,the information and elre will be taken to avoid any implication that interpretations by others of such information are those of the NW5 or Com.. .' 5. CUSTOMlRRlSPONSIIILITY FOR CONTELEQUIPMENT 5.1 Customer, at jts own expense, wiU: . (a)obQjn authorization and any permits,'need~ to allow (i) instaU.tion of the Equipment (including cable access and power supply), and (ii) KCeIi by. Contel and its authorized representatives to the Equipment for the purpose of ~intaininl and repairing it and otherwise to perm it Contel to e.ere.. 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 (11 OVac 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 dama~e 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 eMur. 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 sateflit.look angle). 6. TERM: TERMlNAnON 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 ar.a, whichever 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 r.newed 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 1f 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 Custom.r. 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 remain in effect with respect to any damage or injury arising out of or incurred in connection with perfor- mane. of this Agreement prior to such termination. If Customer is able to remedy the cause for termination, within 10 cahlnd~r days, to Contel's .satisfKtion, a on.time reconnect fee per sit. will be charged to r.initiate the service at the affected Custom.r site(s). 6.. 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 in good working order, subject only to ordinary wear and tear due to normal us. and subject to Contll's obligations under Section 1.1 of this Agreement. If Contel By~#~F (Cultorner Signature) i'lbnroe County Board of County Cootnissioners (P1e.. print name of ClAlOmer) Title Mayor Date Telephone No. (305) 294-4641 ATTEST:lD~~~~' ~erk 7L~ . C!- 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. CONTIL RISPOIISIIIUTY AND LIABILITY; INDEMNIFICATION 7.1 Conte' will... its Msc eflotts to male. the Service available foI CCIA8met's ... Oft a r.,", Md continuous INs;s and, if CustOffl.' "., ~ to INY 'M the Service pursuant to Attadt...... .,, .. f/II8I!I"" '.- M replace any E"""ent tMt ",.... to .. .fedlve ill w.,klU"ship 01 mat.r;a/s. Cont.' MAKES 110 OTHER WA."ANTY OF ANY KIND WNATIVE., '.""'SS O. '''''1.''0, AND ALL IMPLIED WAIIM.,.S M ",.CHMlTAMtnY AND FITNfSS FOIt A pAlfTlCU&Alf ,."..,. ..", ...-.a TO THI SI.VICE AND THE 'QUlNMM' AU HI.fIY DISCLAIMED BY CONTEL, WAIVID IY CUSTOMllt AND EXCLUDED FROM THIS A_,..NT. 7.2 ConteI.... IIGC be ,.",. in any eve"t to Customer 01 any 0"'" ".".,. ,., ..Y .~., incl.;n, iltcident.1 or _ ........... ,.,~,.... 01 ~u or .... ., ... ., ~ ........ .........,.,. .mil!f out of or in ~ ... fIIICWtI..', _ ., tile SetvMe, (II1.wery, !'N..... . ...........,..~ 01 (d.fIY .,.~s .. ~.. .. .......\ ,...~. ,., _ - -- -'s UN, iN ."ys ,n """ldI>J" ".n 'Jf~ .........,.. Nee....., of .,. as ,.",.,..,,,, ..... MfI............ by Con.,. 7.3 weather inffInnation provided.by Contel originates with the NWS..nd CMteI ... not lit any. ~ay:assume ,~ I.bility ,., Its CMtMt, .......... ....." tN sUiUlJility fOr us. by C....., or.", ..."."... .. . I. COMfUAtKI WITH LAW The part~s will comply with all appaicable 'federal, state, and local. laws in connection With this Atreement. I. INn.. AGREEMeNT; MODtfICA TION This Agreement constitLttes the entire agreement between the p.arties andsupenedes any prior written or oral agreements or undentan.~. No amendment or waiver of this Agreement $batl be bi...", un'" in writinl, identified as such, and signed by the ,.ny ...intt whom. any such amendment or waiver is sought to be _forced. 10. ASSIGNIIINT Customer sha" not assign this Agreement without the prior written consent of Comel. 12. DA TE-INI'I1AL TEIM 12.1 The Date of this Agr..ment is b )0, 19.fl. 12.2 The initial term of this Agreement is--'--..::Jear(s). By /// , ~/f;;< (A A D. <~ -' (..L Z?U~ 11<-,,-- 1 . (Conttll Signature) L/1 1'1 !" I " / I.- (., (1 f<;t -- l ;' Title :-);. C~)(" ~~cb Ad W\\/, to, 1. CJ~/ ~. r . Date CONTEl Government Networks Division 7916 Westpark Drive IVlcLean, VA 22102 Attachment 1 'IF /36,/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 S 89.00 · Options: (Additional charge items. Check Options to be provided.) o 24-hrn-day maintenance coverage [ZJ Customer selector keypad for NWWS data o Dome-type cover for antenna ~ Equipment insurance o Paraltel port on NWWS selector [X] Audible alarm on NWWS selector o Display device prices available upon request. rJon-recurring fees: S 10.00 S 3.00 3.00 $ 3.00 S 3.00 3.00 $ 3.00 S 3.00 3.00 N/A . Installation* COVERED BY SEPARATE PO # $ 250.00 $ 750.00 . Relocation (after initial instal!~~:~~,) *payable as a monthly fee of $5.00. Available only with 5 year subscriptions. Check if (Jesired D. Terms: · Minimum service period is on'e yc.)r. · $200.00 security deposit WAVED (lOCAL GOVERNMFNr) TOTAL Non-recurring fc~s PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 250.00 $ 98.00 $ N/A S N/A Prices effective April 1988. .. 4, ^TJN:3A CONTEL 7916 WESTPARK DRIVE McLEAN. VA 22102 AGREEMENT WEATHER INFORMA nON SERVICES Contract No.: Marathon C 0 Purchase Order NC?: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 . , This Agreement is made between Contel and Monroe Count~ Boar~ of County ComniSS1oners a corporation having its principal office at 500 Wh1tehead St. Key West, Florida 33040 ("Customer"). Billing address (if different than above) c/o ~nroe County Civil Defense, 5192 OVerseas Hwy. Marathon, Fl. 33050. 1. GENERAL 1.1 Contel will furnish to Customer the NOAA Weather Wire Servtce (-The Servlce-) during the term of thiS agree.ment. 1.2 Customer shall not redistribute. for financial gain, the Service or any parts thereof, to ~ny person or entity for any purpose or by any means w~a~oev~r. without Co.nt.f~ written authorization. Any such distribution shall be. considered . resale ~nd subject to the Contet Reseller Agreement. , .J To recetve the Service. Contel will install ~nd mainta.in 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 Ind selector (the .. E QUI pment.). (See Attachment 1, "lease Plan -). At Customer's option. the Equipment may be purchased from Contel, an which event Customer is responSible for all EQUIpment maintenance, including demand service rates established by Contef. unless Customer elects to pal Contel I monthJy 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), wh Icn reflects charges for the Equipment and installation of the EQutpment. dat~, and other costs associated with the Service. 2.2 The charges for the Service will remain fixed during the ,nltl.' term of this Agreement. During any extended or renew~1 term. the charges win be tMsed on the prices in effect at the Inception of the extended or renewal term. 2.3 Befor. the Service is made available to Customer, Contel m.y requlr. a satisfactory credit guarantee or deposit(s). ,j .) 2.. All federal. state. and local sales, use. excise, ad valorem, ..~ personal property, and other taxes and f... of any nature I re'atlng to the ServIce an"dthe-iQuipment as provided to -"', Customer. wtlether imposed on Customer or oiiCOAttll, shall be P4tH1 directly by or reimbursed to Conte' by Customer. '~-"" '__ 2.5 If. prIor to expiration of the term of this Agreement, I <) Customer requefts termination of service or refuses to continue \ receiving the ServIce. Customer sA.U nevertheless remain fully y. , bound by the term, and conditions of this Agreement and shall Piy ~U fees required by this Agreement. 3. BILLING & PA YMfNT \ ],1 lease Plan (Attachment 1). All recurring _!~e$. will be InVOIced monthly to Customer. ~y(h fees-shaft-be pay~ble by /.'- Customer .n adv41nc8 on th. fiiSt"day of .ac~ month during wh.ch the Service is to be provided. -. .... 3.2 Purchase Plan (Attachment 2). All recurring fees ShAll be ~, .; InVOiced annuafty to Customer. Such f..,. sha.t be payabl. by l- Customer In .dvance on the fir~ day of each year during which , . , the S.rvlce IS to be prOVIded. . _ .,~-; . J.J Equipment. Installation f.es shall be fully payable by Custome, upon receipt of the Contel invoice for Installation. Customers choosing self-installation ~f the equipment shall pa~ .the fees commencing 30 days after either the effective date. of this Agreement a. provided in Section 6.1 or the date on whl~h NOAA We.ther Wi,. Service (.NWWS.) becomes available In Customer's loc.1 .re., whichever is later. regardless of the actual d.te of installation. Customers choosing self.installatlon shan p.y for installation related service calls at demand serv~ce rates established by Contel regardless of the plan under which the Service is being provided or if Customer has chosen monthly maintenance. Applicable deposits ~nd down payments shall be paid in full prior to installation of the Equipment. Interest at a rate not exceeding on. and one-half percent a month will be charged on any account overdue, more than fifteen days. 4. CUSTOMER RISPONSIIIUTY FOR HANDUNG OF NATIONAL WIATHII SERVICE INfORMATION TRANSMITTED IY CONTEL ..1 If Customer furnishes severe weather information and/or forecasts to the general public, Customer wilt ensure that a II severe weather and flood bulletins, stat.ments, advisories. watches. or warnings that origin~t. with the National Weather Serv.c. (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 .5 pOSSible after receipt when issued to the gen.ral public; and (d) not be disseminated after exptration time. 4.2 If Customer .Iso origin.tes its own severe weather information andlor forec.sts, Customer Will ensure that such information is clearly differentiated from NWS-originated watches ~nd warnings and is attributed to Customer, avoiding use of the terms .watch. and "warning- in presenting ,uch information. 4.3 For media or other r.'eas. to the general public of the NWS weather information transmitted by Contel to Custom er (including reports. warnings, ~nalyses. 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 car. will b. taken to avoid any implication that interpret.tions by others of such information are those of the NWS or Contel. S. CUSTOMER RESPONSIIIUTY FOR CONTEL EQUIPMENT 5.1 Customer. at its own expense. will: (a) obtain authorization and any permits needed to aflow <I> installation of the E~uipm.nt (including cable ~ccess and power supply), and (i.) access by Conte' And its authorized representatives to the Equipment for the purpose of maintaining and repairing it and otherwise to perm It Contel to exercise its rights under this Agreement; 1 ...j",~" '., ~_ _0- J (b) prepare and maIntain the locatlO"s at whIch th. EQuipment will be Inst~lIed In accordance wIth such written specIfications as Contel may supply; and (c) provIde the power source (11 OV ac 60Hz with a standard and proper receptacl. 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 Conte' for aU damage to, or theft of the Equipment and report to Cantel, in writing, any malfunction in, damage to, or theft of any of the Equipment promptly after its discovery by Customer, unless the Customer h~s selected the insurance option. 5.3 Customer will not allow any person, other than its own employees. Conte' and its represent~tlves to use or have access to the Equipment. Conte' shall have reasonable access to the EqUIpment to perform maintenance or repair service to ensure proper reception of the data (including relocation of the antenn~. at Customer's expense, to obtain necessary shielding against interference or to obtain an unobstructed satellite look angle). 6. TERM: TERMINA nON 6.1 This Agr..ment 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 Dat.-), and shall remain in effect for the term listed In Section 12.2 provided. however, that this Agr..ment shall automatically be renewed for successive terms of one-year at tnen 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. 1..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 termanate this Agreement at Its sol. option and discretion at any time by giving written notice to Customer. 6.3 If this Agreement is terminated for any reason, (a) Customer shalf remain liable to Contel for anl damage to or theft of any of the EQulpm ent which is Contet 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 shan 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 f.e per Sit. wIn be charged to r.initiate the service at the affected Custom ersite(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 calend~r days of the termination date. Customer Will ensure that the EqUipment IS .n good working order, subject 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 ~AIf?A' . , (Cu~tom@' Sl9n.tur~) M:)nre>e County Board of County Conmissioners (PI~a\e Pf'lnt nam~ of Cu'tom~t) Title Mavor 2/74-i/ ~ ~ ,oj / D~te Telephone No. (305) 294-4641 A:nsb: ~~~~It. -... determines .n its sote discretion th.t the EQu.pment IS not In good working order. It has the right to repair or replace It and apply Customer's d.posit tow~rd such costs. 7. CONTEL IIESPONSlaIlITY AND LIAIILITY: INDEMNifiCATION 7.1 Conte' will UM Its belt _Holts to mat. th. S.rvic. av.ilaIJI. for C~" .... Oft . ,...., .nd continuous "-s;s Ind. if CUltom.' II., .'ect.d to PlY tOl th. Se",;c. pursu.nt to Attachment I, to fIIomPtly ,.,.i, tN IWpl.ce any Equipment ""t prow.. to .. de'ectiv. in wOlkmanship 01 mat.r;als. Cont.' MAKES NO OTHER WARIfANTY OF ANY KIND WHATIV'If, EXI'..SS Oft '''1'1. If 0, AND ALL IMPLIED WARIlANn,S 0' M',CHANTA.,LITY AND FITNESS FOR A 'ARTICULAR ~.POSI WITH REPfCT TO THE SI.VICE AND THE IQU"",.T AilE HllfEIY DISCLAIMED IY CONTEL, WAIVED .Y CUSTOMER AND EXCLUDED FROM THIS AGREEMENT. 7.2 Contel J1M'1IGt h I.,. in any .wilt to CustOlfNI Of .ny Ofll., person fo, .11' d.",.,." including incldent.' 0' CGftMCIUMCIaI.......Csudt as, 101.....,., loss 01 ~fits << loss aI ....} 01 ~ .fUN ....CIOW.r, am;,. out of or In cOllMCtion willi (al ~'I ... 01 ".. ServIC., (bJ .'ivery, use, .....01 _ 01 1M ........t. 01 (cJ any de/a,s in INk~ .. S.mc. .WIlIable for ("-"'s US., or ."ys in transmisilcwt, ........ nonavailaltl!fty 01 ilNJCcuracy 0' d~ fa as funtUItH b, the NWS alNl tlalJSlftittfHI by ~tel. . 7.J Weather infonnation provided .., Coate. oritJn.tes with .... NWS and CoIttel ... not in an, .., ass..... a~ u.bility "" its COIIf."t, tI.......SI, fIt".", 01 suitability fo, use by CustCHMt IN any ~, IMtSOIL I. COMPUANa WITH LAW The ~rties will comply WIth all applicable federal, state, and local laws in connection With this Aireement. t. ErmRE AGREEMENT; MODtflCAnON This Agr..ment constitutes the entIre agre.ment between the parties .nd 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 wa.ver is sought to be enforced. 10. ASSIGNMENT Customer shan not 'ssig" this Agreement without the prior written consent of Contel. 11. APPlICABLE LAW This Agreement ~all be ,aoverned ~~ ~~Iaws of the State of :~ Flor1da 2/L8/89~ 12. DATE.'NmAL TERM 12.1 The Date ~fthis Agreement is F"f-"'6.--). 19.i:f... 12.2 The Initia' term of this Agreement is ---1-1_.r(s). By (Cont~' Signatur~) ~ Title Date ~PrI(, \11;.' A-S U tOhi~"; it! ll1J) 1, I:: (~ if /. :~tI - r gz..'!f C Y. V 1.- / ~.," 'I j 1/ : "W~< L {~::1 ,Lr,vJ /..i./t ltl l..r / Atll.tr~, .y-. 0fI1I:', ' ADDENDUM CONTEL 7916 WESTPARK DRIVE MCLEAN, VA 2218~ OPTIONAL SERVICES WeatherStream 2000 AGREEMENT WEATHER INFORMATION SERVICES ~,--,-' Contract No.: Marathon C 0 Purchase Order No: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made betwe~n Cont~1 a~d M(;>nrpe ~.omty Bqp.rd, Qt' Couot,y r.orrmissoners a corporation having Its prlnCJpa 0 Ice at 500 W"litehead Street, Key West, Florida 33040 ("Customer"). WHEREAS: Conte I and Customer are partie~ to Contract No. t" the Agreement ") by which Contel has agreed to furnish to Customer the NOAA Weather Wi re SeNI'. r'the 5ef\Jice.'); 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 Contef will make available to Customer. through Satellite Information Services Corporation (SISCQRP). a Conte I company, the foUowi"9 data from WeatherStream 2000 (initial all components selected): Digital Facsimile Data (OIFAX) Public Products (P~) Domestic Data (DOS) Int@(national Data (IDS) Avi~tlon Data (FAA 604) National Weather Wire (NWW) ---------------------------- 98 .00 Hydrological Data (HOS) So'ar/GeophY5lcal Data (SGS) Set ecti VI ty 1. Customer will pay Contel the charg4K set forth in 0 Attachment 1 ("Service Plan") or tn 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. Contef mayuntlaterally modify its charg6 for WeatherStream 2000 and any other addttlonal options upon 30 day~' written notice to Customer; provided, however, that such modi fled charges shall not become effective during the initial term speci fied 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 i~ /;~i>'..? . 1 9 J'f. .5. Th. fnttlal term of this Addendum IS --2-. year(s). By ~~~~) By Title Mayor Title Date /-,/',t /Ij Date Telephone No. (305) 294-4641 (Contel Signature) AttestDAN} .~ · TV I,. rro1. ,RA.G'S. C!prk ~~~4U - - ....... . ~ . . e '. .... AI'MO'll;-L:~ AS fO FOR^'I Afln Ll':'(~.~?' ,Str-r,t"'ENCY. 7,. l l' " ~ I ' , . .' .. . I 1/ (I Y I t I' '1.' '. ., .~ I . ,.' ~-h '. / r,,,,.i,+-:--,... ,/.. \ t.., ,'., . : . ) .~. )'/1'0' . ,oil . - CONTEL Government Networks Division 7916 Westpark Drive ~11(lean, VA 22102 NOAA Weather Wire Service (NWWS) End User Price Schedule ,~ ~ "achment 1 ~' , STANDARD TERMINAL LEASE PLAN Monthly Fees: . Equipme~t (30" satellite antenna, controller and selector with a single serial port) jflcluding NWWS information and 8am-Spm/Morl-Fri maintenance coverage S 89.00 · Options: (Additional charge items. Check Options to be provided.) 0 24-hrn -day maintenance coverage S 10.00 [S) Customer selector keypad for NWWS data S 3.00 3.00 n Dome..ty pe cover for an terln a S 3.00 ~ Equipment insurance S 3.00 '3.00 0 Parallel port on N\J'IWS selector S 3.00 ~ Audible alarm on NWWS selector S 3.00 3.00 0 Display device prices available upon request. N/A ~Jon-recurring fees: . Installation. COVERED BY SEPARATE PO # . Rei 0 cat ion (a ft e r in it i a I ins t a I! ..) ~ : r"'\ ~, ) $ 250.00 S 750.00 .Payable as a monthly fee of $5.00. Available only with 5 year subscriptions. Check if rlesired o. Terms: · Minimum service period is one ye,)r. · $200.00 security deposit WAVED (IAX2\L GO\/E~) TOTAL Non-recurring fc(~s PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 250.00 S 98.00 $ N/A S N/A Prices effe<tive April 19S8. '~'- ~~~!,..':" ~, .~~'?~. '.: . ATTN:3A CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: r.1arathon C D 1362 Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Contel and ~nroe Camtv Board of Countv Conmissioners a corporation having its principal office at 500 Vbitehead St. Key West, Florida 33040 (.Customer.). Billing address (if different than above) 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 ~rts 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 resale and subject to the Cont" Reseller Agreement. 1.3 To receive the Service, Contet will install and maintain on Customer's premises, and such other locations as Customer may designate, appropriate equipment comprisi"l princi~lIy one or more receive-only micro ..rth stations and sel.ctor (the "EQuipment"). (Se. Attachment 1, -Lease Plan-). At Customer's option, the Equipment may be purchased from Contel, in which event Customer is responsible for all Equ.pment maantenance, including demand service rates established by Contel, unl.. Customer elects to pa~ Contel a monthly ma.ntenance f... (See Attachment 2, Purchase Plan ") 2. CHARGES ~1 Customer will ~ay Contel the charges set forth in ~ 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 fi.ed during the initial term of this Agreement. During any extended or renewal term, the charges will be baled on the pricts in effect at the inception of the extended or renew. I term. 2.3 Befor. the Service ;s made avail.ble to Customer, Contel may require a satisfactory credit guarantee or deposit(s). 2.5 If, prior to expiration of the term of this Agreement, Customer requests termination of service or refuses to continue receiving the Service, Custom.r shall nevertheless r.m~in fully bound by the terms and conditions of this Agreement and shall pay all fees required by this Aireement. 3. IILIJIfG. 'AYMINT 3.1 Lei" Plan (Attachment 1). All r.currin~ f..s will be invoiced monthly to Customer. 3ills su1:mitted at the beginning of the m::>nth will be paid or! or Defore the enC. .:)f the r.:onth for the applicable service. ~~. \;, ;>'JI,l': X~~r::;." '.' :v..'" . 3.3 Equipment. Installation fMI shall be fuHy payable by Customer upon receipt of the Contel invoi~. 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 are., whichev.r is later, regardless of the actual date of installation. Customers choosing self-installation shall pay. for iMtaltation r.lated service, calls at demand service rat. ...bt..H .., Conte' regardless of the plan under which the Service;s being provided or if Customer has chosen monthly maintenance. Apftliuble deposits and down payments shall be paid in full prior to insQllation of the Equipment. Interest at a rat. not '.CeM;", OM and one-half percent a month will be charged on any account overdue more than fifteen days. .. CUSTOMER IISPONSIRJTY FOR HANDLING OF NATIONAL .IATH.. SIIVICE tN.ORMATION TRANSMITTED IY CONTIL ..1 If Custom.r furnishes severe we.ther information and/or foreQlts to the pner al public, Customer will ensure that a II sev.... weather and flood bulletins, statemenU, advisories, watches, or warnings that originate with the National Weather Service (NW5) and which are transmitted by Contel to Customer shall : (a) be attributed to the NWS; (b) not be modified ..c.pt for physical format; (c) be issued ve....tim and always as soon as pOSSible after receipt when issued to the general public; and (d) not be disseminated after expiration time. ..~ If Custo",.r also originates its own severe weather information anGlor forecasts, Customer will ensure that such information is cl.arly diff.rentiated from NWS-originated watches and warni"lS and is attributed to Customer, avoiding use Of the terms -wMch" and "warning" in presenting such information. U For "'... or other rei... to the general public of the NWS weather information transmitted by Cor,tel to Customer (includin, reportl. w.rn~n,'s, analyses, and forecasts or information derived from th.m), Customer also will ensure that: . ' " . (a) nothing, in announcements ass,Ociated. with. sUc:h releases shall'.lWicate or imply ~at the Government endorses any com"'~t~~;~.~nd (b) futl crediC..... tie give":, fOttfie . Sourc,e of the information and car. will be taken to avoid any implication that interpr~tioftl by others of such information are those of the NWS or Conte'. 5. CUSTOMlR RESPONSIBILITY FOR CONTEL EQUIPMENT 5.1 Customer, at its own expense, will: (a) obtain .uthorization and any permits needed to allow (i) installation of the Equipment (including cable access and power supply), and (ii) access by Conte' and its authorized representatives to the Equ;pment for the purpose of maintaining and repairing it and otherwise to perm it 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 spKifications 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 with separate power requirements. 5.2 With respect to Equipment provided pursuant to Attachment 1, Customer will pay Contel for aU 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. S.3 Customer will not allow ~ny person, other than its own em ployees, 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 necesury shielding against interference or to obtain an unobstructed satellite look angle). 6. TERM: TERMINA nON 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 .r.a, whichever is later (the "Effective Oate-), and shan remain in effect for the term listed In Section 12.2 provided, however, that this Agr..ment shall automatically be renewed for successive terms of one-year at then current prices unless tither 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 ~ny invoice is not paid within thirty days after the invoice date or if Customer shall otherwise breach any provision of this Agreement, Conte' (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 Conte I 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 reconnect fee per site will be charged to r.initiate the service .t the affected Custom.r site(s). 6.4 If Customer is receiving the Service pursu~nt 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 in good working order, subject only to ordinary wear itnd tear due to normal use and subject to Contel's obligations under Section 7.1 of this Agreement. If Contel By~4~. (C"sto"''' 'it"ature) W:>~~. .Cqunty Board of County Conmissioners (Pt.... ptint ".,.,.. of Cuttome,) Title Mayor Date Telephone No. (305) 294-4641 ATTEST: DANNY' L. KOLHAGE, Clerk <---)L ~ j).e, CLE~ 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 rlOH 7.1 Contel will UM its best eHOItS to make the Service available foI Customer's use 011 . ,.,uIa, and continuous basis and, jf Custome, has .-aed to p.y fo, the Servic. pursuant to Attachment 1, to IJ'OI!Iptly repair or replace any Equipment tlYt prove' to lie .'ecti"e in workmanship 0' materials. Conte' MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS Oil IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTA.,LITY AND FITNESS FOR A PAlfTlCUlAIt I'UIII'OSI WITH IIISI"O' TO THE SERVICE AND THE EQUIPMENT Altf HfllE.Y DISCLAIMED IY CONTEL, WAIVED IY CUSTOMER AND EXCLUDED FROM THIS AGREEMENT. 7.2 Cont" s"-'not be I.",. in any e"ent to Custome, or any othe, lH',son 'or ..., d.m...s, inc/udin, incident.1 or _ ...,.. (sudt ... ,.,..".,., ,loa of profitJ or loa 01 UM' 01 ~ ..tift whatsoever, a,;s;II., out of or in cOltMCtlGn wIfIt (a' a..e.n.r', ... tII tIHt S..wc., (bJ .'iv.ry, 11M, ,."..<< _ 01 tItII ~t 01 (el any ."ys in ...t~ .,.. Selva........,... . 's use, Malays in tra.......... ,......... ......,.,.... ,. iMCcUl'lfCy of .~ as fumisItH fir the MWS .1ttII..........JttH by COlI". 7.3 Weather information provide" by Conte' oritin.tes with the NWS and ConteI .., IIOt ill .'" w., .ss.... a~ IMbility ftN its CGfItent ......SI, fltn.sl, or suitability to, use by C&.IItOInet 01 an, oMer fNl'SOIL I. COMPLIANCE WITH LAW The ~rties will comply with all applicable federal, state, and local laws in 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 prior written consent of Contel. 12. DATE-INmAL TERM 12.1 The Date of this Agreement is b '~::(\, 19 iY' <;i. 12.2 The initial term of this Agreement is--1-Year(s). By Ti tl e J /"" \ ~~(. l.l'J(\\'(dCh c) ~ 'Le) - ~5f' (I ,~ \ I\o. h\ W~ Date ""\PPRtjvciJM TO'" . , .,StI;~ :k ~ " ^,~!":t^~f - . .. CONTEl Government Networks Oivision 7916 Westpark Drive ~11(learl, VA 22102 Attachment 1 /1/,J; c~ t'Vla.-vC{'\i\On C / D NOAA Weather Wire Service (NWWS) End User Price Schedule 1 STANDARD TERMINAL LEASE PLAN Monthly Fees: . E qui pment (30.' satellite antenna, controller and selector with a single serial port) including NWWS information and 8am-Spm/Morl-Fri maintenance coverage S 89.00 · Options: (Additional charge Items. Check Options to be provided.) 0 24-hrn -day maintenance coverage S 10.00 tZJ Customer selector keypad for NWWS data S 3.00 3.00 r--""I Dom e -ty pe cover for il n ter,n a $ 3.00 u ~ Equipment insurance S 3.00 3.00 ~ ,....., Parallel port on NV'IWS selector $ 3.00 LJ [J Audible alarm on NW'N5 selector $ 3.00 3.00 0 Display device prices available upon request. N/A ~~ 0 n- re (u rri ng fees: . Installation. CO\lERFD BY SEPARATE PO # . Relocation (after initial install~~;~~l) $ 250.00 $ 750.00 · Payable as a monthly fe*? of $5.00. Available only with 5 year subscriptions. Check if (J~sired O. Terms: · Minimum service period is one yc.]r. · S200.00 security deposit WAVED (I1XAL GOJERNMENr) TOTAL Non-recurrin~ fc'~s PO# Monthly fees PO# Shipping and tlan(Hing (options) Required deposit $ 250!illL_ $ 98.00 $ N/A S N/A Prices effc<tive April 1988. l ..) li ~ \ I . ;~ .',:/ ....~. ^TJN:3A CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMATION SERVICES Contract No.: ~1iddle 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 Countv conmissioners a ' corporation having its principal office at 500 Vbiteh~ad St., Key West, Florida 33040 ("Customer-). Billing address (if different than above) c/o Monroe County Civil Defense, 5192 OVerseas Hwy., Marathon, Fl. 3305Q 1. GENERAL 1.1 Contel wIll furnish to Customer the NOAA Weather Wire Service (-The Servlce-) during the term of th.s agreement. 1.2 Customer sh.U 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 Conte' ~ written authorization. Any such distribution shaUb. considered. resale and subject to the Contel Reseller Agreement. , .J To rece.ve 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 rece.ve.only micro earth stations and selector (th. --EQUlpment-). (See Attachment 1, -Lease Plan"'. At Customer's option, the Equipment may be purchased from (ontel. In which event Customer is responsibl. for all EqUipment m..ntenance. including demand service rates established by Contel. unless Customer elects to pal Contel a monthly maintenance fee. (See Attachment 2. Purchase Plan .) 2. CHARGES 2.1 Customer will pay Conte' 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 rem.in fixed during the Initial term of this Agreement. During any extended or renewal term. the charges wall be based on the prices in effect at the Inception of the extended or renewal term. 2.3 Befor. the Service is made available to Customer, Conte I may require a satisfactory credit guarantee or deposit(s). ,~/ 2A AU federal. state, and local sales, use. excise, ad valorem, pers.onai property. and other taxes and fees 'of any nature relating to the Service and-the Equipment as prOVIded to Customer, whether imposed on Customer or on Cont.1, shall be p~.d directly by or 'elm bursed to Contel by Customet. 2.5 If, prior to ..p.ratlon of the term of this Agreement. Customer requests termInation of service or refuses to continue recelv.ng the Service. Customer shall nevertheless remain fully bound by the terms and conditions of this Agreement and shall pay aU fees required by this Agreement. 3. BILLING & PAYMENT J.1 Lease Plan (Attachment 1), All recurring feUWill " InvOiced monthty to Custo~.er. Such. fees shaU be payable by Customer In adva.nc. on the!irst-day- of e~~Jl month during which the Serv.ce IS to be prOVIded. -- --._.._ __.. ,.. ..\ 3.2 Purchase Plan (Attacnment.....2). All recurrtng f~.s shall be .) .'1 Invo.ced annually to Customer. . Such fees shaU be payabfe by " -,-.. Customer In adv.nce on th.fir~ day of each year during which ~\. the Service IS to be prOVided. ~\ "- .-' J . ;. 4~ 1 'f"" - 3.3 Equipment. Installation f..s shall be fully payable by Customer upon receipt of the Contel invoice for .nstallatlon. Customers choosing self-installation o.f the equ;pme~t shall pay .the f..s commencing 30 days after .,ther the effective date of this Agreement as provided in Section 6.1 or the date 0." whl~h NOAA Weather Wire Service (.NWWS.) becomes available In Customer's local ar... 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 Conte' regardless of the plan under which the ServicI is being provided or if Customer h~s chosen monthly maintenance. Applicable deposits .nd down payments shaH be paid in full prior to installation of the Equipment. Interest at a rate not exceeding on. and on.h.lf percent . month Will be charged on any account overdue more than fifteen days. .. CUSTOMER RESPONSIBILITY FOR HANDLING OF NATIONAL WEATHER SERVICE INFORMATION TRANSMITTED BV CONTEL 4.1 If Customer furnishes severe weather information and/or forecasts to the general public. Customer will ensure that a II lever. weather .nd flood bulletins, statements, advisories, w.tches, or warnings th.t originate with the National Weather Service (NWS) and which are transmitted by Contel to Customer shall: <a) be attributed to the NW5; (b) not be modified except for physical format; (c) be issued verbatim and always as soon as poSSible after receipt when iuued to the gen.ral pub'ic; and (d) not be disseminated after expiration time. 4.2 If Custom.r also originates its own severe weather information and/or forecasts, Customer will ensure that such information is cl.arly differentiated from NWS-originated watches and warnings and is .ttributed to Customer, avoiding use of the terms "watch" and "warning" in presenti ng such information. C.J For media or other r.lease to the general public of the NWS weather information transmitted by Conte I to Customer (including reports, warnings, .nalyses. and forecasts or information derived from them), Customer also Wilt 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 Cont.l. 5. CUSTOMER RESPONSIBILITY FOR CONTEL EQUIPMENT 5.1 Customer, at its own expense. will: (a) obtain authorization and any permits needed to allow (I) installiltion of the Equipment (including cable access and power supply), and (ii) access by Contel.nd its authorized r.presentatives to the Equipment for the purpose of maintaining and repairing it and oth.rwise to perm It ;, Contel to exercise its rights under this Agreement; ,./oj .!,: (b) pr,.pare and maIntain the focatlons at which the EquIpment Wilt be .nstalled In accordance with such wrrtten speclfic~tlons as Contel may supply; and (c) provIde the power source (110Vac 60Hz with. 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 Contet for aU 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 em ployees, Conte' and its representatives to use or have access to the Equipment. Contet shaH have reasonable access to the EqUIpment to perform maintenance or repair service to ensure proper reception of the data (including r.location of the antenna, at Customer.s expense, to obtain necessary sh.elding agaInst interference or to obtain an unobstructed ~tellit. look angle). I. TERM; TERMINA nON 6.1 This Agreement shall take effect on the date listed in Section 12. 1 or the date on which the NWWS data b{; ;omes 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 Agr.ement shall automatically be renewed for successive terms of one-year at then current prices unless e.ther party gives the other party at least 90 days' written notice of its intention to terminate this Ag reem e~t at the end of the original term or any renewal. term. 6.2 'f any invoice;s not paid within thirty days .ft.r the invoice date or if Customer shall otherwise breach any provision of this Agreement, Conte I (without waiving any other remedy or right .t taw or in equity), may immedi.tely terminate this Agreement at its sote option and discretion at any time by giving written notice to Customer. 6.1 If this Agreement is terminated for any r..son, (a) Customer shalf 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 remain in effect with respect to any damage or .nJury arasing out of or incurred in connection with perfor- mance of this Agreement prior to such termination. If Customer is .ble to remedy the cause for termination, within 10 calendar days. to Cantel's satisfaction, a one-time reconnect fee per site will be charged to r.initiate the service at the affected Customer site(s). 6.. If Customer is receiving the Service punuant to Attachment 1, then upon termination of this Agreement, Customer shall return the eQu.pment at Its expense and wlth.n ten calendar days of the term,natlon date. Customer watl ensure that the EqUipment as In good working order, subject only to ordinary wear and tear due to normal use and subject to Cantel's obligations under Section 7.1 of thiS Agreement. If Contel By ~jJfJ (Cu~torn~r S'9natur~) M:)nroe County Board of County Cornnisioners (?'~a~ pnnt nam~ of C~'tom.r') - Title Mayor Date , . 7/7 kl TelephOAe ~o. (305) 294-.464 1 . At t e st'~ L. KOLHAGE, Clerk: ~.~,. .~~J2LL- ey' - determine, in its sol. discretion that the EqUipment ,s 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 TION 7. t Cont.' wll UH its bftt eHotu to ma.. Ut. Service availabl. ftN Cu.rton,e,', use 011 . ""tIM, .nd (Ofttlnuous basis .nd, il Custom., Itas .Met.d to pay'''' the S.rvice pursu.nt to Attachment 1, to ptOI!tptly r.".i, or ,.pl.ce any Equipment dYt PIG.,.s to .. delective in wo,imanship 0' materials. Cont.1 MA<<ES NO OTHER WARIfANTY OF ANY KIND WHA rEVER, EXPRESS Oil '''1' I. lED, AND ALL IMPLIED WARRANTIES 0' AfIRCHANTA.,LITY AND FITNESS FOR A PAIfTlCULAIII'fJItI'OSE WITH 'ESI'ra TO THE SERVICE AND THE fQU'I'IIE.T ARE HI.fay DISCLAIMED 'Y CONTEL~ WAIVED IY CUSTOMER AND EXCLUDED FIfOM THIS AGREEMENT. 7.2 Cont.' SM' flOC h I.,. in .ny event to Custom., or any othe, p.'JOII '0' .n, d.mag." including i"cidenta' 0' (OIlS...."., ~ (such .s, fOI...m"~ Iou 0' ptofiu or loa of us., 01 ~ ....ten wMtsoeve" .rising out of 0' in (0MKfi0n with ta} CIIStOIH,', UN 0' the ServlC., (bJ .,ivery. ..,',.".. fW ~nce of ".. Equlpm.nf. Of (e) .ny d.'~ys in INk~ ".. Setvic. .va." foI Custom.,'s use, 01 delays in tlansmlsiloll. ".MII, IIOMv..biIIty Of inaccuracy of data as fumislHtd b, tM NWS and transmitted by Cont.'. 7.3 We.ther infonnation provided by Conte' originate. with the NWS Ind COII'-' doe. not in .", wa, assume any ,;.bility "" its content, tlm.llness, fit".s" 0' suitability '0' use by Ccutom.,<< any oth., person. I. COMPLIANCE WITH LAW The parties Will comply with all applicable federal, state. and local laws in 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 .ssign this Agreement without the prtor written consent of Contel. t t. APPlICABLE LAW This Agreement shall be governed by the laws of the State of ~ Florida 2/28/89~ 12. DATE-'N,nAL TERM 12.1 The Date of this Agreement isJeb "1, 19..L.L.. 12.2 The initial term of thiS Agreement is--1...Jear(s). By. (Contel S'9natute) Title Date APMOV6DM TO,., AND LEGAL StJFFICIDrCr. ., ~k'l\<:11/~1U~ '" I.,;!' ",~\,iI.lt (>HIt:~ __ '''~1 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 This Agreement is made betwe~n Cont~l a~d ~nr:.pe ~t,y ~rg, Of Cnunty C..orrmissoners a corporation haVing Its prl"Clpa 0 Ice at 500 Whitehead Street, Kev West, Florida 33040 ("Customer"). WHEREAS: Contef and Customer are parties to Contract No. (Uthe Agreement") by which Contef has agreed to furnish to Customer the NOAA Weather Wire S."'lce (.. the Service"); and WHEREAS; Cu~tomer 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 (ontel will make available to Customer, through Sat.Uit. Information Services Corporation (SISCORP), a Contel company, the following dau from W.atherStr.am 2000 (in.tial all components selected): Digital Facsimile Data (OIFAX) Pubjic Products (PPS) Domestic Data (ODS) 1"1.''''t;O"11 Oata (IDS) Avi.'ion Oat' (FAA 604) N.tiQn., W..lher Wire (NWW) Hyd'o'~jc.' Oetl (HO~) Solat/Geophy"cat P.,. (5CiS) Setectivlty 98.00 1. Customer will pay Conte' the charges set forth in 0 Attachment 1 ("Service Plan") or in o Attachment 2 ("Purchase Plant') (check plan selected) which reflects charges for the EqUipment .nd installation of the Equipment, data and other costs assocIated with WeatherStr..m 2uOO. 2. Contet may, unilaterally modify its charges for W..thentream 2000 and any other additional options upon 30 day~' written notice to Customer; provided, however. that such modi fied char9~ shan not become effective during the initial term speci fied in Section 12 of the Agreement. 3. ThIs Addendum i~ h.r.by incorporated into and ..pressly mad. part of the Agreem.nt. 4. Th. date of thtsAddendum iSh)l., "~l ,19ii.. S. The tnltlai term of this Addendum is ~ year(s). By .~.~~ --':..r ~o .r Ignatur. Title M:iyor Date ?-/ 7 /f~ Telephone No. (305) 294-4641 A t t est .I?ANNY L. KOLHAGE, Clerk ~~'t ~ry~/! By (Contel Signature) Title Date APpnnV~[; AS /"0 FORA'! /t ^!D'l. ~. (.: .'< < ..~urrl~'ENCY. c-( 4< ", ~\ B}(:lle.('-!{ '?LL:J.L:JL-{.l{ ":..~ ll/';;,~'.' 1111." .. .. chment 1 CONTEL Government Networks Division 7916 Westpark Drive ~11(lea (1, VA 22102 NOAA Weather Wire Service (NWWS) End User Price Schedule 1 STANDARD TERMINAL LEASE PLAN Monthly Fees: . Equipment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am-5pm/Mofl-Fri maintenance coverage S 89.00 · Options: (Additional charge Items. Check Options to be provided.) 0 24..hrn-day maintenance coverage S 10.00 {ZJ Customer selector keypad for NWWS data S 3.00 3.00 ~ Dome.type cover for <1ntenna S 3.00 ~ Equipment insurance S 3.00 3.00 0 Parallel port on N"'IWS selector $ 3.00 [) Audible alarm on NW'N5 selector $ 3.00 3.00 0 Display device prices available upon request. N/A rJon-recurring fees: . Installation * CO\lERID BY SEPARATE PO # . Relocation (after initial insta"f~~;'""~') . * Payable as a monthly fel? of $5.00. Available only with 5 year subscriptions. Check if (lesired O. $ 250.00 S 750.00 Terms: · Minimum service period is oncyc.]r. · $200.00 security deposit WAVED (I1XN.. GOlERNMENr) TOTAL Non -recu rri n!1 fc (~S PO# Monthly fcc's PO# Shipping and han(jfing (options) Required deposit $ 250!~_ $ 98.00 S N/A $ N/A Prices effe(tive April 1988. ~~.~~~~;1! .~~~- ': .. ::'':'f!T(~':~:: .. ATTN:3A CONTEL 791& WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMA nON SERVICES Contract No.: Middle Keys 1347 Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Contel and ~oe Ccun~v ~9 of rOlntv Coomissioners a corporation h41ving its principal office at 500 it1~tehead St It Kev West, Florida 33040 (-Customer-). Billing address (if different than above) 1. GENERAL 1.1 Contel will furnish to Customer the NOAA Weather Wire Service (-The Service-) during the term of thisag,eement. 1.2 Customer shall not redistribute, for financial gain, the Service or ~ny ~rts thereof, to any person or entity for any purpose or by any means wMtsoever, without Conters written authorization. Any such distribution shall be considered a reyle and subject to the Conte' Resener Agreement. 1.3 To receive the Servic., Contel will install and maintain on Customer's premises, and such other locations as Customer may designate, appropriate equipment comprising princi~lIy one or more receive-only micro e.rth stations and selector (the "EQUipment"). (See Attachment 1, -Lease Plan"). At Customer's option, the Equipment m~y 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 pal Contel. monthly maintenance fee. (S.. Attachment 2, Purchase Plan") 2. CHARGES Y Customer will ~ay Cont., the charges set forth in .Ii;l. Attachment 1 or 0 Attachment 2 (check plan. selected), wh ich 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 I nltl~1 term of this Agreement. During any extended or renewal term, the ch.rge will be based on the prices in effect at the inception of the extended or renewal term. 2.3 Sefor. the Service is made available to Customer, Contel may require a satisfactory credit guarantee or deposit(s). 2.5 If, prior to expiration of the term of this Agreement, Customer requuts terminatIOn of service or refuses to continue receiving the Service, Customer shaU nevertheless remain fully bound by th. ttfms ana (On~itions of this Agreement and shall pay aU fees tef4uitld by th.t ~r"m.nt. 3. .,lbtIWC' "AVMI~f ).1 L..... pt.n (Aft.ch",ent '). All recurrinCl. f..s will be Invoiced monthly to Customer. 3ills submitted at the beginning of the nnnth will be paid or. or ~fore the ~ .:)f the r~nth for the applicable service. J..J Equipment. Installation fHl sball b. fully payable by Customer upon receipt of-th. Conte' invoice for installation. CultOtMft cnOOlint self-instaHMion of the equipment shall pay the.... commencing 30 days after either the effective d~t. of thilAt,..ment _ provided in Section 6.1 or the date on which NOAA W.ath.r Wire Service (-NWWS.) becomes available in Customer's local. ..., whichever is later, re9~rd'.ss of the actual... of.instaletion. CuttGmen choosing self-installation shall ~for. iNUllation related service calls at demand service rates _blued by Contel ~ of the plan under which the Service is betng provided .or if Customer has chosen month I y maintenMCe. .".icable deposits and down payments shall be paid in full prior to in.....tion.of the Equipment. Interest at a rate not exceedi", one and one-hatf percent I month wi II be charged on any account overdue more than fifteen days. 4. CUSTOMER USPONSIItUTY FOR HANDUNG OF NATIONAL WlATHER S.IVfCE INfORMATION TRANSMITTED BY CONnL 4.1 If Customer furn.shes sever. weather information and/or forecasts to the general public, Customer will ensure that a II seve,. 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 .xcept for physical format; (c) be i.uec:l verbatim and always as soon as pOSSible after receipt when issued to the general public; and (d) not be dilleminated aft.r ..pir.tion time. ..2 If Custom.r also ori,ina'.s its own severe weather information .ancUor forecasts, Customer will ensure that such information is clearty. differentiated from NWS..originated watches and ..rnintl and is attributed ~to Customer, avoiding use of the terms -Watch- and "w.rning" in presenting such information. . U For media or other r.....to the general public of the NWS weather information transmitted by Contel. to Customer (including reports, w.rnings, analyses, and fo"recasts or information derived from them), Customer also will ensure that: (a) nothing. in announc.m.nts..ssociat~ with. such releases shMt .irMticateor .imply that the Government e.ndorses any com..,dat-prodgd~; ~d . (b) full credit __. till given fOr.thesOurce of the information a"dca.rewifl betaken to avoid any implication that intfrprftatic)na' tar. others of such information are those of the.NW!.or Conttif. 5. CUSTOM.R RISPONSHuLITY FOR CONTEL EQUIPMENT 5. t Customer, at its own ..pense, will: (~) obtatnauthQrization and any permits needed to allow (i) install~tion of the Equipment (including cab'. access and power supply), and (ii) access by Conte' and its. authorized r.pr...nt.tives to the Equipment for the purpose of maintaining and repairing it and otherwise to perm It Contet to ...rei.. its rights under this Agreement; (b) prepare and maintain the locations at which the Equipment will be installed in accordance with such wrrtten spe(ifications 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 aU 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 em pioyees, 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 Customerts expense, to obtain necessary shielding against interierence or to obtain an unobstructed satetlit,look angle). 6. TERM: TEIlMINAnON 6.1 This Agreement shall take effect on the date listed in Section 12.1 or the dati 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 a utom atically 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 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 immediate'y terminate this Agreement at its sol. 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' for any' damage to or theft of any of the Equipment which is Conte I 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 shan remain in effect with respect to any damage or injury ~tis.ing 0",1 of or incurred in connection with perfor- mance of thit Agr.ement prior to such termination. If Customer it atil. to remedy the cause for termination, within to cal.nd~r dm, to (ottNI's SatisflCtion, a on.time reconnect f.. per ,it' ~in .~ ("'"ar''''' to ,emiti.. the ~rvic. at the affected C uSi6nitr Sltl(~. 6.1lf~~.~.t, ~ '. It is'.. . .iJc. .. fl. :"'"'.. 9 ttW Sa.. rvice purtu.nt to Attachment 1 t then t.,m,"ftion' Of Oiil At,.. "'.nt, Cuscomer shan return tt\. #<4~Qril.nt at ats ,..nte and with," t.n ~"nd.r days of. ~t1, terminetion date. CWICO"''' wiN emu,. that the Equ'p~'~t ~S\ in~ QOOct woR.fIt dr...., su~ only to ordinary weara'n'd;t.'.r . dU. to nO,"'.' VI. and sullje(t to Cont...s obligationS: un., S<<tion 7.1 of this At,eentent. If Conte I BY.~ (Cutto..... ." 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. CONTILI.SPOMIBIUTY ANDlIAIlUTY; INDEMNIFICATION 7.' ConttI will... _ ~.ffotU to ..... tIHt S.",ice avaigble ,., ~'s .. _ . .....' altfl continuous NS;S ,nd, if CUI"'" .... eIIIdecf to IN, ,., tIN S.rvice pu,su.nt to A~ 1," ",..,tIr,."..., re...,. E.,;,m.nt ....t "."., to .. .ffidN. ill .....,.".. 01 ",.t.ri.ll. COllt.' ..A.,S .0 OrHI. WA..A.TY OF ANY KIND WHAT.V'., ,...'SS O. '''''''''0, AND ALL IM'LIED WA_ItA.",S O'..KHAltlTAMJIY AIIO ',TNlSS FOR A 'A~ .......... I8f'<<T 10 THI SI.tlICE AND THI 10000000T AM .H....Y OISCLAIIIIIJ Ir CONTEL, WAIVtO ''1 CUSrO..E" AND EXCLUDED FROM THIS AGR'...NT. 7.2 eont.,....... be lie.,. in MY ewnt to Cc.cstom., or any 0CIa., ".,... lei ..., .~.. IncllHlin, illCl.n~.' 01 _ ......,..,..., ,., ........ lea 01 ~ts or ,.. ", ..., ., ~.'... ....... ........,.,. .~ out of Of in ~.. .a...... _.,.. s.na, (.'.""ery, UN, ,....., ,.,..,...... fill .. IwJJM::,. << (cJ allY ..ys in "'MI!JI.. .. ,.... _.II.t. ,., o.ta . -'s ute, or "lays in tr&I~",<t~ ....f1.c. _.. .lIIt~ ,. iMcccnq oI.~ 's ,..,.."., ., die ... .., .........tl by ConteL 7.3 "a"'" inforMation providH by Conte. OfivilYtes with the NWS ..'CoftftJItIees not ill... way 'SlUIM any liability foI its CM"" ......." fitness, Of suiubility 101 use by C&IItOfneI' Of' .,., otIte, IJ'fWSOIL I. COMPLIANCE WITH LAW The parties will comply with all applicable federal, state, and local laws in 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 understandinll. No amendment or waiver of this Agreement shall be binding unlell in writing, identified as such, and signed by the ~rty a,.inst whom any such amendment or waiver is sought to be enforced. 10. AS.....NT Customer shall not ..ign this Agreement without the prior written consent of Contel. . 12. DATI-IMI1IAL 111M '.2.1 The Date of this Agreement is 6..-:. () , 1 9 J / ~ J. 12.2 The initial term of this Agreement is --L-.::Jear(s). By f. / ,,/1/ ,l4}t-ar- M.Jnroo. County . BoaJ:d of Ca.ul.ty Calmissioners ~twMI~of~ Title ~"()lr Date Telephone No. (305) 294-4641 ATTEST: DANNY L. KOLHAGE, CLERK '-/L~ e-L )). e ' erk Title ~':S(' " c)(\ tca c b AdYv\\fl Date t. ; .'\ ,(:;.... / . ~ l- ".) I ...i-'PPNI'ttc. .1 A/;). _ 0 FORM ~:t;H::J:: v~t t.. !'. .'.......' I v./ .' '..... /. /: j)'. ,.t~'i.-~:~.".~:~' /" .F 1~o/' ;.it. ;, f f'~'V" Olfit:e " ' <P CONTEL Government Networks Division 7916 Westpark Drive ~11(Lea n, VA 22102 Attachment 1 NOAA Weather Wire Service (NWWS) End User Price Schedule 1 STANDARD TERMINAL LEASE PLAN /3'/ -; /tl, j)k, /:if;) Monthly Fees: . Equipment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am.5pm/Mon-Fri maintenance coverage S 89.00 · Options: (Additional charge items. Check Options to be provided.) 0 24-hrn .day maintenance (ov~rage S 10.00 -- [SJ Customer selector keypad for NWWS data S 3.00 3.00 ~ Dome.type cover for c1ntenna S 3.00 LJ ~ Equipment insurance $ 3.00 3.00 0 Parallel port on N~NS selector $ 3.00 [1 Audible alarm on NWWS selector $ 3.00 3.00 0 Display device prices available upon request. N/A ~Jon-recurring fees: . Installation * COVERED BY SEPARATE PO # S 250.00 $ 750.00 . Relocation (after initial instal!0~;~~l) .Payable as a monthly fel? of $5,00. Available only with 5 year subscriptions. Check if (lesired O. Terms: · Minimum service period is one yc.)r'. · S200.00 security deposit WAVED (I1X:N" GOVERNMmT) TOTAL Non-recurrin!"} ffl\S PO# Monthly fees PO# Shipping and handling (options) Required deposit $ 250.00 ~ $ 98.00 $ N/A S N/A Prices effective April 1988. if "J ; ~ ..\ ~ <.-1 ,..1 / /.:+ '\ "' .~\ i ~_/\, I. \. -!: CONTEL 7916 WESTPARK DRIVE McLEAN, VA 22102 AGREEMENT WEATHER INFORMA nON SERVICES " . 'Ji :< :" )..' '--~._..:....:....... AT"fN:3A Contract No.: Upper Keys Purchase Order Nq.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Contel and Monroe County Board of County CoImoSS1oners a corporation having its principal office at 500 Whitehead St. Kev West, 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 win furnish to Customer the NOAA Weather Wire Service (-The Servlce-) 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 entiW for any purpose or by any means wh.tsoever, withQut Contet s written .uthorizatlon. Any such distribution sh~1I be considered a rewl. .nd subject to the Contel Reseller Agreement. 1 .3 To receive the Service. Contet 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 "EQulpment-). (See Attachment 1. -lease Plan-). At Customer's option, the Equipment may be purchased from Contel, In which event Customer is responsible for all EQ""Dm,ot ma.nten.nce, including demand service rates established by Cont.', un'ess Customer elects to pa~ Contel a monthly m..n',n.nce f... (5.. A~achment 2, Purchase Plan -) 2. CHARGES 2.1 Customer will..2ay Cont,1 tht Ch."g,. Sit. forth i., o Attachment 1 or 0 A~.chm'nt l (,hiCK pl." I,'.cttd). which reflects charges for the Equipmtnt .t'd in.~.U.tion of th_ EQUipment. d~ta, and other costs associated 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 priclS in effect at the Inception of the extended or renewal term. 2.3 Sefor. the Service ;s made available to Customer, Conte' m~y requlr. ~ s.tisfactory credit guarantee or deposit(s). I. , '.l.~ Plan (Attachment 1). All recurring f.es will be '''volced mOftt"ly to Customer. Such f.., 5"aft bf payable by Customer In advanc. on the fjrst'day of uch month during WhiCh t". Service 1$ to be provided. -- J.l Purchase Plan (Attachment 2). All recurring fees shaJl be InvOiced .nnuatty to Customer. Such fees shalt be payable b Customer II'! .dv~nc. on the firsr day of each year during whic~ the Service IS to be prOVided. J.J Equipment. Installation f.es shall b. fully payable by Customer upon rec..pt of the Conte I invoice for Instillation. Customers ch~sing self.installation of the equipment shall pay .the fees commencing 30 days after .ither the effective date of this Agre.ment as provided in Section 6.1 or the date on whl~h NOAA Weather W'r. Service (-NWWS.) becomes avadable In Customer's loea' are., whichever is later, regardless of the actual date of installation. Customers (hoosing self.installatlon shall pay for install.tion related service caUs at dem.nd service rates established by Contel regardless of the plan under which the Service;s 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 exc..ding one and one-half percent a month Will be charged on any account overdue more than fifteen days. .. CUSTOMER RESPONSIIIUTV FOR HANDLING OF NA TIONAL WEATHER SERVICE INfORMATION TRANSMITTED BY CONTEL .., If Custom.r furnishes Mver. weather information andlor fO,ecIsts to the general pubUc, Customer will ensure that a II seyer. weather ,nd flood bull.tins, statements, advisories, w'tches, or warnings that originate with the National Weather S.rvic. (NWS) Ind which are transmitted by Contel to Customer ,h.n; , (.) " .ttributtd to ~h. NWS; Ib) no~ be mOdified ~xc.pt fpr ph~,icll format; (c) be issued v.,..tlm Ind ,lwaY' II lOon I' pOSSible after receipt when issued to the g.neral public; Ind (d) not be disseminated after expiration time. ..2 If Customer .'so originate. its own severe weather information andlor forecasts, Customer will ensure that such information is cl..rly diff.rentiated from NWS-originated watch.. and warnings and is attributed to Customer, avoiding use of the terms .watch. and "warning- in presenting such informMion. ..3 For media or other r.'e.. to the general public of the NWS weather information transmitted by Cont., to Customer ~includin.g r.po.rtl, warnings, .nalyses, and forecasts or tnform.t,on derived from them), Customer also will ensure that: (a) nothing in announcements associated with such releases shall indicate or imply that the Gov.rnment endorses any commercial product advertised; .nd (b) full credit shall be given for the source of the information ~nd c.re ~ill be taken to .void .ny implic.tion th.t InterpretatIOns by othln of such information ire those of the NWS or Conte" S. CUSTOMER RESPONSI8IlITY FOI CONTEL EQUIPMENT 5.1 Customer, at its own expense, will: (a) ~in ~uthoriz.tion and any ~rmits needed to allow (I) .nstallatlon of the E~u.pment (.ncluding c.bte access and POWer sUPP'y). ~nd <II) access by Conte I and its authorized r.pr.s~n~.tlv,s to th~ .Equ.pme.nt for the purpose of ma.nt..n.ng a~d .re~atrlng It and otherwise to perm It Conte' to e.erc.se Its rights under this Agreement; ,'\.\ , .). '~ (b) prepare and maIntain the locations at wh,ch the EQuIpment w,1I be .nstalled .n accordance with such wrttten spec.fic~tlons as Contel may supply; and (c) provIde the power source (110Vac 60Hz with a standard and proper receptacle cont.,ning a ground I.ad) to operate the controller unit and any other com ponents with separate power requIrements. 5.2 With respect to Equipment provided pursuant to Attachment t. Customer WIlt pay Contel for aU damage to, or theft of the Equipment and report to Contel, in writing, any majfunctlon in, damage to, or theft of any of the Equipment promptly after Its discovery by Customer, unless the Custom.r Mas lelected the insurance option. S.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 shaH have reasonable access to the EqUipment to perform maintenance or repair service to ensure proper rtceptlon of the data (including relocation of the antenna, at Customer's expense, to obtain necessary shielding ag~.nst interference or to obtain an unobstructed satellite look angle). 6. TERM; TIRMINA nON 6.1 This Agreement shall take effect on the date listed in Section 12.1 or the d.te on which the NWWS data becomes available in the Customer's local area, whichever is later (the · Effective Date .), and shall r.main in effect for the term listed in Section 12.2 provided, however, that this :Ag~..ment shall automatically be renewed for successive terms of one-year .t 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 invoice is not paid within thirty d.ys after the invoice date or if Customer shall otherwise breach any provision of this Agreement, Conte' (without waiving any other remedy or right ~t law or in equity), may immediately terminate this Agreement at its sole option and discretion at any time by giving written notice to Customer. &.3 If this Agreement is terminated for .ny r..son, (a) Customer shaU remain li.ble to Contel for anl damage to or theft of any of the Equipment which is Conte' s property until such Equipment has be.n returned to Contel fursuant to Section 6.4, and (b) the provisions of Section 7 0 this Agr... 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 caus. for termination, within 10 calendar days, to Contel's satisfaction, a one-time reconnect fee per site will be charged to ,.initiate the service at the affected Custom er site(s). 6.. If Customer is receiving the Service pursuant to Attachment 1. then upon termination of this Agreement. Customer sh.U return the equIpment at Its expense and wlth.n ten calendar days of the terminatIon date. Customer Will ensure that the EQUIpment ,s an good working order, subject only to ordinary wear and tear due to norma' use and subject to Contel.s obligations under Section 7.1 of this Agreement. If Contel By~~~A- (CYitomet S'9natur~) ~nroe County Board of County Comnissioners (Pt.ase tJllnt name of Cu'tomer) Title Mayor ;-17 !I? f Date Telephone No. (305) 294-4641 t PANNY 1.. KOLHAGE, Clerk ". ~_:- determines in its sole discretion th.t 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,. CONTIL IISPONSIIILITY A,.D LIAIILITY; INDEMNIFICATION 7.1 Contel will 11M Its be" eHotU to ma.. the S.",ice availabl. 1M C~"'s ... on . ,..., and continuous balis .nd. if Cu,tom., h., .Meted to p.y 'or the Service pursuant to AU.chmellt I, CO pIOIJIpt!Y r.".I, or replace any Equipment tINIt proves to be d.'flctlve in wOlkmanship 01 materials. Conl.' MAKES 110 OTHER WARIfANTY OF ANY KIND WHATEVER, EX,.",SS 011 IIII'LlfD, AND ALL IMPLIED WAltlfANTlfS 0' "'.CHAMrA.,"TY AND "TN'SS FOR A 'AllncULAIII'fJIII'OSf WITH asna TO THf SI.tlICE AND THf IOU",,,,'., AilE HI.,IY DISCLA'MID .r CONTEL, WAIVED IY CUSTOMER AND EXCLUDED '''OM THIS AGREEMENT. 7 .2 Conte' sIta. IIOC .. I.,. ill .,., ft'Mt to Custom., Of .ny othe' pe"on '0' .,.y d....'." includln, Incident.1 or (OIISftqWIIdtJI ~ (suclt as, ,., ..."""., loa of ~lits M loa 01 __, 01 a~ ...tIft whatsoever, ."Ji~ out 0' or in COf.wcdon with tal CastGftIet', ... 01 the s.wce, (bJ .'ive,." ...., I'fIPIIir 01 """""'ta ", tIN ,.....<<. 01 ecl .n, ".ys ill ,..."" tile s.Mc. adiMbIe _ Custome,.s UN, 01' delays in """,,,,1siIon, ""ness, ItOIYva."" nr ;M<<WKY of eM,. .$ ItIntisHd by the NWS and transmitted by Conte#. 7.3 Weather infornt.tion provided by Cont8i originates with the NWS ..... eon., does not In an, .., aau,,", any liability foI its cont....t. timeliness, fitness, or suj~bility '01 us. by C~., 01' .n,~, person. I. CO......ANCE WITH LAW The parties Will comply With all applicable federal, state. and local laws in connection With this Agreement. I. ENnltE AGREEMENT; MODIfICATION This Agreement constitutes the .ntlr. agreement between the parties and supersedes any praor written or orallgreements or und..u.ndirtgs. No amendment or waiver of this Agreement shan 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 Agr.ement without the prtor written consent of Contel. 11. APPlICABLE LAW This Agreement shall be ~overn~ i1 ~ laws of the State of ~. Florida 2/28/89 JDJK- 12. OATI-INmAL TERM · 2.1 The Date of this Agreement ish?b ;; . 191:.i..-. 12.2 The initial term of this Agreement iS~ear(s). By (Contet Si9n.t~rt~ Ti tl e Date 4PPR(l\l~i.; AS fO FORA'I /\ ~Jn I. r(: ..;'. surTIC,NCY. ~{. (".. /} ... - .' ~ ,. (7 { L' ... f f : . ~ 6> I'~ I' {/ ,'J ~. l.~~-.'.tN: I if<<.- J~/~'- '. i .".: ~A ........ / ~n :{t:~:~:~~ Frt i ~.~~.~;. " , .~.' '----~ ADDENDUM 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 betwe~n Cont~1 a~d MQ~ ~tv ~<j Of C'..ollnty Carrmissoners a corporation haVing Its prlnClpa 0 Ice at 500 ~itehead Street, Key West, Florida 33040 ("Customer.'). WHEREAS: Contel and Customer are partje~ to Contract No. (It th~ Agreement ") by which Contel' has agreed to furnish to Customer the NOAA Weather WI re Se~ic. ("the Service"); and WHEREAS: Cu'Stom@r seeks to obtain all or part of W.ather~tream 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 Conte' will make available to Customer, through Satellite Information Services Corporation (SI5CORP), A Conte' company, the following data from W.atherStream 2000 (initial aU components s.lected): Digital Facsimile Data (DIFAX) Pub'ic Products (PPS) Domestic Data (DOS) International Data (lOS) Avi~tlon Data (FAA 604) National Weather Wire (NWW) Hydrological Data (HOS) Sot~r/Geophysicaj Data (SGS) SelectiVity 98.00 1. Customer will pay Conte' the charges set forth in 0 Attachment 1 ("Service Plan"~) or in o Attachment 2 r'Purch.se Plan") (ch<<k ptan selected) which reflects charges for the EQUipment .nd installation of the Equipment, data and other costs associated with WeatnerStream 2000. 2. Conte. may.unilaterally modify its charges for Weathentream 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 tne initial term speci tied in Section 12 of the Agreement. 3. ThiS Addendum is hereby incorporated into and exprMsly made part of the Agreem.nt. 4. The date of thi~Addendum i, h;'I'~ ,....l, 19f1 S. The .nltlal term of this Addendum is ...2-.-. ve.r(s). By ~~~) By Title I~yor Title Date ..2:--/.7 /y<'/ Date J " I" , Tefephone No. (305) 294-4641 Attest...: UAl'l]V:{ r l?'OL ~ '- : :~ (Contel S.gnature) --tppntl'~ic.. AS' FO FORNi . 'IP: .' "~" ' \,;;,-//-,- ICtENCY. " If' 1/" t-'" . ...~/~/. : . [) J'#, '.:,;~l-. -:.l. 4 r~, .,' i! f J- .~~;...... ._._~- ..~ 'If.," {,..~ ;-tit, .t'~,1.!It 0 e ,>> j I _-I' CONTEL Government Networks Division 7916 Westpark Drive ~1l(Lea n, VA 22102 " ++""h me n t 1 "'---.~ NOAA Weather Wire Service (NWWS) End User Price Schedule 1 STANDARD TERMINAL lEASE PLAN Monthfy Fees: . Equipment (30" satellite antenna, controller and selector with a single serial port) including NWWS information and 8am.Spm/Mon-Fri maintenance coverage S 89.00 · Options: (Additional charge Items. Check Options to be provided.) 0 24.hrn-day maintenance coverage S 10.00 -- ~ Customer selector keypad for NWWS data S 3.00 3.00 /"""""""'l Dome -type cover for J n ter,n a $ 3.00 u ~ Eq uipment insurance S 3.00 3.00 0 Parallel port on NW'NS selector $ 3.00 [J Audible alarm on NWWS selector $ 3.00 3.00 0 Display device prices available upon request. N/A ~Jon-recurring fees: . Installation. CCJV'ERED BY SEPARATE PO # $ 250.00 S 750.00 . Relocation (after initial instal!,)~:""~,) .Payabte as a monthly fee of $5.00. Available only with 5 year subscriptions. Check if (Jesired o. Terms: · Minimum service period is one ye.)!", · $200.00 security deposit WAVED (LCCAI.. GOJERNMENr) TOTAL Non-recurrinfJ fec,s PO# Monthly fees PO# Shipping and handling (options) Required deposit S 250.00 $ 98.00 $ N/A S N/A Prices effective April 1988. ATTN:3A CONTEL 791& WESTPARK DRIVE McLEAN, VA 22101 AGIIEMiNT WEATHER INFORMA nON SERVICES Contract No.: Upper Keys 1363 Purchase Order No.: Sales and Use Tax Vendors Exemption Reg. No.: 03-00021-03-54 This Agreement is made between Conte I and M:)nroe Camtv ~d of Camtv Comnissioners a corporation having its principal office at 500 iIlitehead St. Key West, Florida 33040 (-Custom.,-). Billing address (if different than above) 1. GENERAL 1.1 Cont.1 wdl furnish to Customer the NOAA Weather Wire Service (-Th. Servic.-) during the term of this agr..ment. 1.2 Customer shall not ,";.tribute, for financial gain, the Service or any parts thereof, to any penon or entity for any purpose or by any means ....tIoever, without Contet's written authorization. Any such distribution shall be considered a resale and subject to the Contel ReMII., .9,..ment. 1.3 To receive the Servic., Contet will install and maintain on Customer's premises, and such ottt.r locations _ Custom... may designate, appropriate equipment comprising principttlly on_ or more receive.only micro .arth stations and selector (the "Equipment-). (See Attachment 1, -Lease Plan .). At Customer's option, the Equipment may be purchased from Contej, in which event Customer is responsible for all Equipment ma.ntenance, including demand service rates established by Com", un'" CUItOmer elects to PIlI Con" a monthly m~.nt.n~nce f.e. (5.. Attachment 2, Purchase Plan .) 2. CHARGES ~1 Customer will ~ay Contel the charges set forth in ~. Attachment 1 or 0 Attachment 2 (chect plan selected), which reflects charges for the Equiptnent aM installation of the Equipment, d~ta, ~nd other costs associated with the Service. 2.2 The charges for the Service will remain fi.. during the initial term of this Agreement. During any extended or renewal t.rm. the charges will be b-.G on tM pric. ill effect .t the inception of the extended or renewal term. 2.3 Befor. the Service is made availabl. to Custom.r, Cont" may require a satisfactory credit gu.rant.. or deposit(s). 2.5 If, prior to expiration of the term of this Agr.ement, Customer requests termination of service or refuses to continue receiving the Service, Customer shaU neverth.... remainfultv. bound by the terms and conditions of this ".....em .nd shaIJ ~y .11 fees r841uirtcl by this "reement. J. RUN. a 'A YMlNT J.1 L.... PI.n (Anachment 1). All r.curri"~ f.e. will be invoiced monthly to Customer. 3ills subnitted at the 1:>eg inning of the nonth will be paid or. or i:A::fore the ene: .::>f the rxmth for the applicable service. 1.~14 ~ ~.. ':$i.".:.'-~.~,." :"I! ';:;',i~ "\ ! >4' ~. (,:: (~. J.J iqutpment. lnatajl.tion fees sh~1I be fully p~yable by C~ UfJOn receipt of the Conte' invoice for installation. CustOln.,. dtooIint "f-instalMion of the equipment shall pay th...... commencing 30 days after either the effective date of this AI"",,,ent . provided in Section 6.1 or the date on which NOAA .Weather Wi.. Service (.NWWS") becomes available in CUItOmer's loea. a,.., whichever is later, regardless of the actual... of i~n. c.u-.mers choosing self-installation shall.., fer itt....... rei.-d service c,1Is at demand service r._ ............ .., Centel feP.'dteII of the ptan 'under which the Service is Mint ~idHor if Customer has chosen ,monthly mainte....... A....h..d.... and down payments shall be pai4 in full ...... to iMtaHation of the Equipment. Interest at a rate not ........ one .and one-heIf percent a month will be charged on an, account overdue more than fift..n days. .. QlSTOMIIUIfONs.uTY POII'HANDlING OF NATIONAL WlAftIIl IIIMCI .,OMlATION TRANSMITTED BY .COIffIL ..1 If eu...., fumitftes severe WMther information and/or to.... .. the ~.f puINic, CUItOmer wilt ensure that all seve... weather ... ftood butletins, statements, advisories, w.tches, or warni". th.1t ori"nate with the ~tional Weather Service (NWS) and Which are transmitted by Contel to Customer shafl: (a) be attribuWlatothe NWS; (b) not be ........ eJlC8pt for physical format; (c) be iIIued vertNttim anet ....,. as soon as poSSible after ..... w.... iIIued to.. ....,.. putMic; and (d) not .. ..........., after .ratton time. .~ If Cuate..,alto orili..'" its own s.vere weather infor....... ...... ........ Customer witl ensure that such info,mation is dearly differentiated from NWS-originated watdws Met ~ MfA is.....1Iuted to Customer. avoiding UM .. the .... ....... ..... -wern.",- in presenting SUCh inforM...... U For 1ft'" 01"" rete.. to the gefte,.' puDlic of the NWS we....., inf....... "....itt.. by Contel to Customer (iftdU4ti"l ......, warni., anatyses, ~nd forecasts or i"~ cIiiIfiwd from them), Customer also will ensure that: (a) nethint in ~unceftMtnts uaoejated with such releases ....i___.~ imJlly diet the ~nm.nt endorses any com.....~_trtiJ,;; and (b) full......,.,. .__sowce of the information anG car. war... tatt." Ie .void any implication that i,.,....... .. ~ of' such information art those of ... - or (ofttiI. , 5. CUlTOIII. MIItON-..rt 110ft. COMTlt EQUIPMENT S. t CuItonter, at ... OW" expense, will: Ca) ~ audtoriz.aon and any permits needed to allow (i) i......." of ttte I~u.pment (including cabt.. ~c.ss' and power ..,). .nd (at) ... by Contef and its authorized '.pr.sentat.v. to the Equipment for the purpose of m.intaininl ~d repairi", it and otherwise to permit ConteI to....... .ts rights under this Agreement; (b) prepare and maintain the locations at which the Equipment will be installed in accordance with such written spe(lfications 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. S.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 em ptayees, Conte' 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 agaanst interference or to obtain an unobstructed satellite look angle). 6. TERM: TERMlNA T10N 6.1 This Agreement shan 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 on.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 invoice is not ~id within thirty days after the invoice date or if Customer shall otherwise breach any provision of this Agreement, Conte' (without waiving any other remedy or right at law or in equity), may immediatetyterminatethilAgr..ment at its sol. 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 liabl. to Contel for any damage to or theft of any of the Equipment which is Conte'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 shaU remain in effect with respect to any damage or injUry ariling out of or incurred in connection with perfor- mance oi this Agr..ment prior to such termination. If CustOme, is able to remedy the cause for termination, within 10 calendi' days, to Cont,I's satisfaction, a on...time reconnect fee per site will be charged to reinitiate the service at the affected C usto"'., Site(S). 6,,4 If Customer is receiving the Service punuant to Attachment '. then upon termination of this Agreement, Customer shall return the equipment at its expense and with.n 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 obligations under Section 7.1 of this Agreement. If Conte' 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 IESPC*SlIILITY AND LIABILITY; INDEMNIFICATION 7.1 eon.., wil... its Mst.1Ions to malte tit. Service available f<< CustoIn<<'s ... .. . ""r and continuous IM';$ and, if Custome, ,... HKt.d to 1>>1 'Of the Service pUIsu.nt to AttadtmMt 1, .. fJI'OI!I"" ,.".ir tN ,.pM<e any ECfuipment tltat ",..,.s to .. .fectlv. iff werkllY"sltip 01 materials. Cont.' MAIC.S NO OTHER WA."ANTY OF ANY KIND WHATrV'., ......55 oa 111'''''0, AND ALL IMPLIED WA.IlANTJlS 0# IIIKHAIITAIIUTY AND FITNESS FOR A 'A.na&AIJ 1'UIIPOSf' "'"' ...a TO THE S'ltV'CE AND THE EQUINI'.T A., HE.fay DISCLAIMED IV CONTEL, WAIVED I., CUSTOME. AND EXCLUDED FROM THIS AGlfEEMENT. 7.2 Conte' sMII... .. lieble in any event to Customer or any otlt., pe"o. for. .It, ......, ilK'tHlllt, iltcid."t. I or c........, ....., (... ... ,.,'.~, loa 01 prOfits or ...., __, fII ~...... w. __v.r, .,i'iM out of or in c......... ... ,., C\.d'J1I'"'' ... ", aM s.n<<e, ("delivery, ~,,.,,.... ., ...___ fIII_. ...... . ::!: .. Cd. altf. ."~s .. ~.." ......tJ ...... ,., c..e.- -,'s .... 01 "'ys In trutmiullll.. ...... _Mllrt_ erlMcanq 0#." as fumiIItefI" die _ """ tIaIIMIItIM ., CoftNL 7.3 ...... infonution provid... by Cant" origin.tes with the NWI .... ConeIrI ... .... ill .. way auCMIM a~ u.bility toI its ~ ......... """'1" or suitability lOt us. by C......, ..,.,.-..,."... I. COMII'UANCI WItH LAW The ~rties will comply with aU appticable federal, state, and local laws in ct;)nnection With this Agreement. 9. ENTIRE AGREEMENT; MODIfICATION This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements or undentandintl. No amendment or waiver of this Agreement shall be IMndi"l unl4tll in writing, identified as such, and signed by the party ..-inst whom any such amendment or waiver is sought to be .n~rced. 10. ASIICINMINT Customer shall not assign this Agreement without the prior written consent of Contel. 12. DATE..mAL TlIM . . / I l\ {~/' \.. 12.1 TheO.teofthasAgr..mentls 6".;--.. u, 19~. 12.2 The initial term of this Agreement is.........L-Year(s). By ~:4/4d1 (CUS10m" Sip_cure) fvPnf'oe ,County Board of county Carlnissioners (.....aw print name of Cu,t~) Title Mayor Date Telephon. No. (305) 294-4641 ATTEST :DAINY 1. KOLHAGE, C1er~ ~ ~ JJ#L. CLERK ._:<~ I 'lK~ ( Signature) / A f ilff...C1.f-- By Title // ;)(... (~)r' tr(\cb Ad Yn\ n . {,20 -/I Cl Date ..u .. JlQWD M TO,., AND LEGAL "'FIeIIIrC~ rn~. J~~.,-. {t>. .tJ,~'~~1~;l' AtrtiJlr" '$ () fice ',A CONTEl Government Networks Division 7916 Westpark Drive ~1l(Leafl, VA 22102 Attachment 1 NOAA Weather Wire Service (NWWS) End User Price Schedule 1 STANDARD TERMINAL LEASE PLAN Monthly Fees: . Equipment (30" sateJlite antenna, controller and selector with a single serial port) irlcluding NWWS information and 8anl-Spm/Mofl-Fri maintenance coverage S 89.00 · Options: (Additional charge items. Check Options to be provided.) 0 24-hrn-day maintenance coverage S 10.00 [S) Customer selector keypad for NWWS data S 3.00 3.00 n Dome -ty pe cover for <1 n ter' n a $ 3.00 ~ Equipment insurance S 3.00 3.00 0 Paralle! port on NV'I'NS selector $ 3.00 ~ Audible alarm on NWWS selector S 3.00 3.00 0 Display device prices available upon request. N/A ~Jon-recurring fees: . In sta II a t ion * CCNERED BY SEPAFJ\TE PO # S 250.00 $ 750.00 . Rei 0 cat ion (a ft e r i nit i a I in s tan ~ .. : " ~, ) .Payable as a monthly fep. of ~5.00. Available only with 5 year subscriptions. Check if rlf:lsired o. Terms: · Minimum service period is one yc.)r. · $200.00 security deposit WAVED (LOCAL GO\lERNMENr) TOTAL Non-recurrin!"} fc~s POi Monthly fees POf# Shipping and handling (options) Required deposit $ 250.00 $ 98.00 S N/A S N/A Prices effective April 1988.