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HomeMy WebLinkAboutResolution_41-97/98_09/22/1998 RESOLUTION NO. 41 - 97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF • THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID FOR A ONE YEAR CONTRACT (OCTOBER 1, 1998 - i SEPTEMBER 30, 1999) FOR THE EMERGENCY PAGING SYSTEM FOR THE POLICE AND FIRE - RESCUE DEPARTMENTS TO AIRTOUCH INCORPORATED, IN THE AMOUNT OF $5,765.40, SUBJECT TO FUNDS BEING APPROPRIATED FOR THE NEXT FISCAL YEAR, HAVING A TOTAL PROPOSED FY 1999 BUDGET ALLOCATION OF $6,014.10. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Bid with Airtouch Incorporated for the Emergency Paging System for the Police and Fire - Rescue f Departments, in the Amount of $5,765.40, Attached Hereto as Exhibit "A" and Incorporated by Reference as Part of this Resolution, is Hereby Approved Subject to Funds Being Appropriated for the Next Fiscal Year, and the Village Manager of the Village Tequesta is Authorized to Execute the Applicable Contract on Behalf of the Village of Tequesta. • THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail , who moved its adoption. The motion was seconded by Councilmember Hansen , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. C apret t a Carl C. Hansen ! Ron T. Mackail Elizabeth A. Schau � I The Mayor thereupon declared the Resolution duly passed and adopted this 22nd day of September, A.D., 1998. MAYOR OF TEQ STA •- t V Eliz__alaoX.1;�- -A. Schauer ATTEST: oann ManganiEalO Village Clerk amipro \reso1utions \41 -9798 i EXHIBIT A Loc4dc--k SERVICE CONTRACT / EQUIPMENT LEASE 6420 Congress Avenue 5757 Blue Lagoon Drive ®1 J A 1 R T 0 0 0 H Suite 1800 Suite 190 ❑ ADD SERVICE O 9T. MAINTENANCE Boca Raton, FL 33487 -2828 Miami, FL 33126 ❑ EXCHANGE NEW SERVICE Pag ing O CUSTOMER OWNED ❑ DISCONNECT g Palm Bch. (561) 994 -3800 Dade (305) 944 -4141 MAINTENANCE. ❑ CUSTOMER OWNED Broward (954) 764 -0256 NO MAINTENANCE CUSTOMER NAME DA ACCOUNT NUMBER STREET ADDRESS APT. NO. CUSTOMER E SERVICE PHONE CITY SATE ZIP PAID BY: CHECK NO. O CASH ❑ CHECK O CREDIT CARD STREET RESS +� ' ❑VISA O MC O AMEX EXP. DATE cl Bfto CITY , ST TE CREDIT CARD NO. USER NAME DRIVERS LICENSE NO. STATE SOCIAL SECURITY NUMBER REFERRED BY PAGER NO. REFERRAL CREDIT AMOUNT APPROVAL CODE o- l`3�1 0' re ACCOUNT PROCESSING FEE REASON FOR DISCONNECT: PRICE DOES NOT ��yy��QpFF VERCALL pci '�1�� © , CHARGES AFTER CALLS FlRST BILL TO BE RECEIVED: PE V IT. BILLING R AT BILLING INFO: R QUARTERLY ONTHLY ❑ ANNUALLY .C� PIN LENGTH OF CONTRACT T LS � CONTRACT EXPIRATION DATE: (YY/MM/DD) z } 4� 1 IALS CA SPECIAL INSTRUCTIONS: O DO PAGER REPLACEMENT PROGRAM FOR PROGRAM CONDITIONS SEE REVERSE SIDE OF CONTRACT a EDUCTIBLE AMOUNT SS: $40.00 y 2ND LOSS: $50.00 OSS: $75.00 LPHA: $100.00 WAIVER OF PARTICIPATION: l hereby waiver to participate in Pager Replacement Prog p ram and, in so doing, 1 exp ressly rt owledge that, in the ev theft, loss or irreparable damage z w any pager leased m f m AirTouch Paging, I shall be responsible to irTo c f t full replacement value of that pager. REPLACEME Al CRIB ER SIGNATURE: WHITE - MAIN OFFICE CANARY - REPRESENTATIVE PINK - CUSTOMER GOLD • TELEMARKETING SERVICE AGREEMENI PEQUIPMENT LEASE ADDITIONAL TERINIS & CONI)ITIONS 1. Receipt (if services con_stlrtites consent to the terms and conditions Of this Agreemew, Unless otherwise agreed in writing, the initial term of this Agreement sliill tic for one year from* the date hereof, unless earlier terminated by An Paging ("AirTouch") or Subscriber as set forth herein. This Agreement shall renew auioinat:cafly for successive frrncals equal to the initial terse, unla+ either Subscriber or AirTouch notiti tae ether in writing thirty (30) days prior to the end of the rhea cxrrreil, term of its Intent to teinuaitte the Agreement. If this Agreement is terminated, t anceled. or not renewed , Subscriber must also close its accouta by remitting payment in £till of aii ICid`i for the penods in which service has been rendered, and retnrmng all equipment provided to Subscribei fit reinibursrni -, AirTouch for any equipment riet returned, and '2',1 Br inav be assessed an a "('tint ctosmng fee of S5- If Subscriber fails to close its accoutif, AirTouch may assess a continuing monthly accoiint niai nu'nan c tine ulizil )scriber trc_tS its account. Subscriber acknowledges that dtunages for early cancellation or te rill trial ioti by Subscriber are difficult to calculate, and agree& that. €r such evti Subscriber shall pay AirTouch, as liquidated damages and not as a penalty, the greater of ?j) S25.00 or (ii) 90`« of the product of the number of units hereunder tildes the (it; fees for each unit per month times th° number of n)onths remaining under this Agreement or its renewal. 2 AirTouch iray change the charges hereunder, upon rHir�� (3t)) daps pi;ur = .written notice by a statement on the monthly bill. if cumulative price ita eases iiistirutc-,i by Ai.'`l`auch during the previous quarter under this Agreement exceed 251e, then Subscriber has left (10) days from receipt of such notice to cancel this Agreement by notifying AirToucli and by closing its account as set forth in paragraph I above-. Subscriber shall not receive service (or it may he terminated without notice) if Subscriber do-es not pay the charges when due. A "Late Payment Charge" will he assessed on the past due balance in the amount of the lesser of: (a) tit-. maximum amount allowed by law, or (b) the greater of (i) 1.5% of the unpaid balance, or (ii) the current minimurn AirTouch Late Payment Charge. If Subscribier fails to pay charges when due. AirTouch may iemporari discontinue service or terminate this Agreement, and Subscriber shall promptly close its account as set forth in paragraph 1. It payment is made and service reinstated. Subscriber will be assessed service charge of up to $20,£0. Checks returned for thin- suff)cient funds are subject to a handling charge of up to the lesser of (a) 520.00 or (b) Eh maximum amount allowable by law. Subscriber acknowledges and consents to Air`!'ouch's use of autodialers to call Subscriber if Subscriber is delinquent in payment. 3. Subscribers failure to make payments when due (It to provide adequate assuranct of payment when requested shall be deemed a default, and no written notice is required. Payment is due 10 Clays front the slate of invoice. Subscriber must notify AirTouch in writing of errors by 60 days from date of invoice. If Subscriber defauhs. Ah - Touch may sal accelerate paymerns due AirTouch under this Agreement. (b) require Subscriber to return all AirTtnich owned equipment to AirTouch, (c) immediately rcpossess all equipment by force tit otherwise, andior ((l) he entitled to a deficiency judgment. Subscriber shat] pay all reasonable costs of collection, incfudimg payment of attorney's fees and court casts. These remedies shall be cumulative and in addition to any :.ether remedies Aiffouch has at law or in equity. 4. AirTouch may offer Subscriber the option of reciting or purchasing equipment from AirTouch. upon credit approval and payment of a deposit, but Aii has no obligation to do so. Rental equipment remains the property of AirTouch. AirTouch may require the Subscriber to provide a security deposit to protect against loss, damage or the of such equipment, and /or require Subscriber to participate in the Pager Replacement Program (PRP) as set forth un the front Hereof. Regardless of dep ( )sit Subscriber shall promptly pad= all bills when due. If service is terminated for any reason. all equipment rental charges (if any) will continue until all equipment is return d_ Subscriber sha return all rental equipment or pay the amount set forth oil die reverse side hereof. Unless otherwise required by law, any deems! hereunder hall nor tie bmeLt to interest at d all to comrnin led with AirToucti's other funds THE PARTIES ACKNOWLEDGE THAT AIRT011CH MA kFS NO WARRANTY. EXPRESS OR IMPLIED. WI111 THE REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR PARTICULAR PURPOSE OF SUCH EQUlLPb,1ENT. THE SUBSCRIBER ALSO ACKNOWLEDGES AIR I OL CH'S RIGHT, PURSUANT TO FCC; AND STATE REGULATORY PROCEDURES. TO CHANGE: THE TECHNICAL CONFIGURATION OF ITS SYSTEM INCLUDING BAUD RATIO AND PAGING `C AGING FORhIA , WHICH MIGHT` MAKE THE EQUIPMENT INCOMPATIBLE WITH THE SERVICES OFFERED HEREUNDER. All -Touch shay offer Subscriber the opti ,-;t of maintaining its equipment and, upon payment of the fee therefore, AirTouch shall provide all ordinary maintenance (with the exception of batteries) and repair the equipmen excepi in cases of deliberate abuse or tsexl.gvuce, including but not limited it) submersion in fiitaids, and Snb4Zr11'tf shall not pefmft or cause the equipment io tw modified, serviced, or maintained by anyone- other than AirTouch. AirTouch's deterntinatioo of the cause for maintenance shall he final and binding. i. If Subscriber participates in the PRP program, then. upon payment therefore, and upon Subscriber providing AirTow.;b wide notice of its exercise of the option withiii 30 da) m loss or damage to the pager, AirTouch shall grant the Subscriber flit option of paying f'or a pager iif leased) or buying a pager (if Subscriber owned), caniparable isi type, that was lost, damaged, or stolen (if stolen, a police rerx)rt' must accompany the exercise of the option): provided, however that 'the option is titer exercisable if die f)a, -er was h . g ntly r willfully abused: provided ,further, that Subscriber's account must be current to exercise the option. A Subscriber may not subscribe to the PRP unless every e receive;g service from AirTouch is included in the program. The option fee is non-refundable and the option is coterminous with the payment terin (e.sy., of subscriber vs for the option every year, then the option will be valid for one year). For Subscriber owned pagers, the warranty on the replacement equipment replaced under than PRP shall be the same as the original equipment. Subscriber agrees that any pager replaced under the PRP shall be the property of AirTouch. PRP is not available when the Subscriber is not the end user of the pager being replaced. if AirTouch's equipment is lost, stolen, destroyed, or damaged, Subscriber shall immediately notify AirTouch in writing and shall buy AirTouch a replacement either tinder the PRP (if elected heteurnier) or pay AirTouch the full replacement coosts set for on the £terns Hereof, If lost err stolen AirTouch owned equipment is returned to AirTouch by third party. Subscriber may be liable for reward charges, if ally. 6. Subscriber has no interest in the telephone or capcodes numher(s) assigned hereunder and agrees that AirTouch may change a telephone number of capcode assigned to Subscriber. Subscriber agrees to use the equipment and service only for lawful purpo and in conformity with all laws, rules and regulations, including those of the FCC, an Airfouch. Subscriber shall not use abusive or obscene language in any voiceniail or message sent on AirTouch's systers, or use the service to harass. intimidate, or annoy others, or Its promote or engage tit art illegal enterprise. Subscriber consents, and gives its approval, to Cite use of its customer proprietary network information (CPtiI) by Airfiouch, irs- affiliates and subsidiaries, for die marketing and sale of other services of Aii and its affiliates and subsidiaries. 5ubserilw_r agrees that AirTonch may release information about Subscritx:r's payment and credit history to comunier credit repenting agencies andjor providers of account information and cl:wcS- Mlitrantet services. ?. Subscriber, if all - individual. warrants and represent that he is at least 18 years old_ This Agreement is subject to the rules and regulations of the FCC find smi,- roe;tlaurry agencies. SnisscfitXr shall not assign this Agreement; and any such assignment shall be void Phis Agreement shall be construed in all respects in accordance with the laws )f the stale where service is rendered, excluding its conflicts of law principles. Any waivc;r by AirTouch of any breach of an f .itrovision of this Agreement by Sabscrilx r sliali tie operate a> or be construed as a continuing or subsequent waiver of ary breach of anv other rove cr>n licreof. SI IBSCRIB )2 AGREES THAT, IN WE hVE�1T OF INT1 RRUPTIONS OI' SERVICE ACID FOR INIF,RRIJPTIONIS, DELAYS. OR DEFECTS IN TRANSMISSION OF ANY MESSAGE DUE% T(-) THE NEGLIGENCE OF CARRIER, CARRIER SHALL NOT BE LIABLE TO SUBSCRIBER IN ANY MANNER, WHETHER AT LAW OR IN E� 1.!ITY, A ND SUBSCRIBER'S SOLE REMEDY AGAINST AIRTOUCH FOR LOSS OR DAMAGES RESULTING FROM. OR ARISING IN CONNECTION WITH, DIRECTLY OR INDIRECTLY. THE PEFORMANCE OR NON - PERFORMANCE OF THIS AGREEMENT. WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIM1 T ED TO NEGLIGENCE), STRICT LIABILITY. OR OTHERWISE, SHALL BE, UPON SUBSCRIBER'S REQUEST, THAT :AIRTOUCH SHA1.LRE- TRANSMIT SUCH SERVICES AND ]'HE- FOREGOING SHALL BE SI.'BSCRIBER'S SOI,:I AND EXCLUSIVE REMEDY AT LAW OR IN EQUITY- AS A MATERIAL PART OF THE CONSIDERATION PAID BY SUBSCRIBER FOR TH SERVICES PROVIDED BY AIRTOUCH HEREUNDER- THE PARTIES AGREE THAT AIRTOUCH SHALT. IN NO EVENT BE :I_LABLE FOR, AND THE SUBSCRIBER HEREBY WAIVES ITS RIGHT TO CLAIM, ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAM AGES, INCLUDING BUT NOT LIMITED TO. LOSS OF USE. GOODWILL, OR PROFIT, REGA.RDLLSS OF THE FORM OR ACTION. SLBSCRIBE_R AL - ACKNOWLEDGES TIIAT SUBSCRIBER HAS NO REASONABLE EXPECTATION OF PRIVACY BECAUSE THE SERVICE IS TRANSMITTED VIA RADIO WAVES, WHICH MAY BE INTERCEPTED OR MONITORED BY THIRD PARTIES WITHOUT THE KNOWLEDGE OR CONTROL OF EITHER CARRIER OR SUBSCRIBER. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, NEITHER PARTY SHALL BE DEEMED IN DEFAULT UNDER THIS AGREEMENT FOR DELAY. FAILURE IN PERFORMANCE. LOSS OR DAMAGE, DUE TO FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO. WEATHER, POWER BLACKOUT, ATMOSPHERIC CONDITIONS, LABOR DISPUTES, .ACTS OF GOD, ACTS OR OMISSIONS OF O`INER CARRIERS (INCLUDING SATEL.I.I`I'E CARRIERS AND INTERCONNECTING CARRIERS), FAILI'.RE BY ITS SUPPLIERS, OR OTHER CAUSES BEYOND I T S REASONABLE CONTROL.. WHETHER FORESEEN OR FORESEEABLE„ SUBSCRIBED ACKNOWLEDGES AND AGREES THAT THE INFORMATIONAL. CONTENT` AND DATA OF ANY NEE'D'S OR INFORMATION SERVICE. TBSCRIBED TO HEREUNDER (::LICENSED CONTENT "), BELONGS I'O T'HL PROVIDER AND IS PROTECTED BY COPYRIGHT, AND W RTHER AGREES (A) NOT TO REPUBLISH, R�•:PRODL CE, REDISTRIBUTE, RI-BROADCAST, DiSPLAY, OR RESELL ANY HEADLINE. . MRMATION OR OTHER CONTENT CONTAINED THEREIN, (B') THAT SUBSCRIBER SHALL "OT AC I IRE: ANY PROPRIETARY I N't EREST THEREIN; (C.) THAT THE PROVIDING PARTY, ITS LICENSORS, AIRTOUCH, AND I TS AFFILIATES DISCLAIM AL L IRE, WARRANTIES. INCLUDING THE fMPLIED WARRANTIE=S OF NIERCHANI'; RRITY OR FIT`SES:S FOR A PARTICIAL AR PURPOSF t-OR 1H LICENSED CONTENT, AND FURTHER DISCLAIM ALL LIABILITY IN AI.,I. F ENTS, INCLUDING NEGLIGI.`,NCF, OR CONTINC=I.N( - I ^? PROCURING, EDITING. WRITING, RIEP(IRTING, OR DELIVERING THE LICENSED CONTENT, AND FOR INACC:I�R,A(__'I1­3 OR 1 RRORS IN .)R OMISSIONS FROCvI THE LICENSED CONTENT, AND FOR INDIRECT, INCIDENTAL, , CONSI;QUENTIAL, OR SPECIAL DAMA BLS'. ,Nl) (D) THAT THE; LIABILITY FOR ANY CLAIMS Ri LATEI) '1 O THE LICENSED CON' ENT SUAI�L, BE LIMITED TO THE A OU PAID BY S.'BSCRBI_.R HEREUNDER FOR THE'yION MONTH IN WHICH ANY Si -C -11 CLAIM OCCURRED. i .. t A:rfo h Pa) itir subs:,ftl i ;