08/20/2003 Agreement
Clerk of lhe
Circul coun
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
Memorandum
To:
Jim Malloch, Director
Community Services Division
Attn.
Betty Sammis,
Headquarters Library Administrator
Isabel C. DeSantis, ,J)
Deputy Clerk )P-'
From:
Date:
Tuesday, November 25, 2003
At the BOCC meeting of August 20, 2003, the Board granted approval of a Service
Agreement Grant between Monroe County and Generations on Line and authorized the
County Administrator to execute.
Enclosed please find two (2) fully-executed duplicate originals for your handling.
Should you have any questions, please do not hesitate to contact this office.
cc: Finance
County Attorney
File
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Generations on Line@
Service Agreement
Grant
Fundingfor this innovative initiative is provided by the IBM Global Work/Life Fund
and the AT&T Family Care Development Fund
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1!!~ice Agreement (the "Agreement") is made between Generations on Line ("GoL") and the
f:fSili~r other entity listed below (the "Facility") and is dated as the date listed below (the
"Effec\ive Date"). In consideration of the mutual promises and covenants set forth below, and
intending to be legally bound, the parties agree as follows:
1. Services. GoL agrees to provide access to its Internet site, the primary home page for
which is located at <http://www.generationsonline.com> (the "Site"), to the elderly population
served by the Facility (the "Facility Population"). GoL will provide free email services as well as
the use of applications within the Site to the Facility Population. GoL will provide its then-current
support by telephone or in person to an individual chosen by the Facility ("Contact").
2. Materials. GoL will provide the Facility with a set of educational materials, including an
administrator's kit, which includes a book of frequently-asked questions, keyboard tip sheet,
educational monitor frame, posters, table tent cards, pamphlets, email address books and feedback
forms (the "Materials"). GoL grants the Facility a non-exclusive, nontransferable license to use,
display and reproduce the Educational Materials for use at its Facility.
3. Fees. There is no charge to the Facility for the GoL services and Materials.
4. Conditions. The Facility agrees to make the Site available for the use of the Facility
Population at no charge in a location that is easily accessible. The Facility agrees that during the
term of this Agreement, GoL may reference the Facility in GoL's literature and marketing
materials.
5. Privacy. GoL respects the privacy rights of individuals who use the Site as a means to
access and use the Internet. This respect for individual privacy is reflected in GoL's Privacy
Policy. GoL reserves the right to modify its Privacy Policy by posting a revised Privacy Policy on
the Site.
6. Term and Termination. The term of this Agreement shall commence on the Effective
Date and, unless earlier terminated, shall continue in full force and effect for so long as the Site is
operational. Either party may terminate this Agreement (a) immediately upon a material breach of
this Agreement by the other party, or (b) at any time upon not less than 15 days prior written
notice.
7. Disclaimer of Warranties and Limitation of Liability. EACH PARTY DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE).
NEITHER P ARTY WARRANTS THAT ITS SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. NEITHER PARTY WILL HA VB ANY LIABILITY FOR ANY INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS
I-PH/1560428.2
AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND EACH
PARTY'S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER TIllS
AGREEMENT SHALL NOT EXCEED $250.
8. Assignment. The Facility shall not assign this Agreement or any of its rights or
obligations hereunder (whether by operation oflaw or otherwise) without GoL's prior written
consent, which shall not be unreasonably withheld.
9. Notices. All notices and other communications hereunder shall be in writing, addressed to
the contact listed below, and shall be deemed to have been duly given when delivered in person, by
telecopy, or by registered or certified mail (postage prepaid, return receipt requested), or by
overnight courier service to the respective parties at the addresses stated below, or to such other
address as the party to whom notice is given may have previously furnished to the others in writing
in the Inanner set forth above.
10. Governing Law. This Agreement shall be governed by, and construed in accordance
with, the law of the Commonwealth of Pennsylvania without reference to its choice of law or
conflicts of law rules.
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In Witness Whereof the parties have duly executed an~!elivered'iJ)i~~,~r~t as of the
Effective Date. :" ;' ~,' /k'':?.J'; \ . .~.
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Fees'. None. ""'~~""" -=-:'>~...~ .
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Effective Date:
Notes: None.
"GoL"
Name ~...~e
by 1J4J ~i 1r '-<>
Name Vasil 1. Pa as I
Title COO
Address 3615 Chestnut Street
City, State, Zip Philadelphia, P A
19107
Phone 2152226400
Fax No. 2152226401
email Vjpappas@snip.net
Contact Lisa van der Laag
Title Marketing Director
I-PHl1560428.2
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"Facility"
Nwme Monroe County Board of
County Commissioners
By
Nwme Dixie M.~~har
~i:~:.:t)J~ ///. ~
Title Mayor/Chairman
Address c/o Betty Sammis,
City, State, Zip Monroe Co. Public Library
700 Fleming STreet
Key West, FL 33040
305 292 3595
305 295 3626
Sammis-Betty@monroecounty-fl.gov
Betty Sammis
Headquarters Library Administrator
Phone
Fax No.
email
Contact
Title