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Agenda 12/01/2009 Item #16F 3 Agenda Item No. 16F3 December 1, 2009 Page 1 of 21 ~ EXECUTIVE SUMMARY Recommendation to approve the purchase of three WeatherBug stations with a total cost of $61,470, recognize WeatherBug as a sole source vendor, authorize the Chairman to sign the agreement, and authorize the associated budget amendment. OBJECTIVE: That the Board of County Commissioners approves the purchase of three WeatherBug stations, recognizes WeatherBug as a sole source vendor, authorizes the Chairman to sign the agreement, and authorizes a budget amendment in the amount of $51,470. .- CONSIDERATIONS: There are currently 9 WeatherBug stations located in the northern and eastern areas of Collier County. The southern areas of Collier County currently do not have WeatherBug stations. When inclement weather approaches, these WeatherBug stations are vital to emergency management as well as first responders for detailed and accurate local weather information. This will provide real time weather information that is certified for use by NOAA and the National Hurricane Center. This information can also be accessed by firefighters and residents through the Internet. By installing weather stations in the south end of Collier County, the capabilities of the first responders will be highly enhanced. ]n addition, this capability will enhance the safety of the first responders by allowing them to localize the weather conditions. The Isles of Capri Fire Advisory Board fully supports the purchase and implementation of the WeatherBug stations. This effort is similar to the effort brought to the Board of County Commissioners by the GAC Land Trust on January 29, 2008 to provide a maximum expenditure of $54,000 from the GAC Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather stations. The Sole Source Waiver Request Form for the WeatherBug vendor has been approved by the Collier County Purchasing Department. FISCAL IMPACT: The quoted price of the WeatherBug stations is $53,970 and the maximum permitting and/or architectural fees are $7,500, resulting in a total expected project cost of$6],470, Funds in the amount of$51,470 are available in the Isles of Capri Fire Impact Fee Reserve for Future Construction, Fund 373. A budget amendment is required to transfer $5],470 from Fund 373 to the WeatherBug Project #50071, since $10,000 had already been included in the current year's budget for this purpose. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. ~ CMG. .- GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners: 'n"_'~_,___"_. __ " " " ~.,~,,,~._-", ,,~ ".. '._~"""""'~..',^-'.~., - I' ,.-.-'-"-'-' Agenda Item No. 16F3 December 1, 2009 Page 2 of 21 1. Approve the purchase of three WeatherBug stations using impact fees. 2, Waive formal competition. 3. Recognize WeatherBug as a sole source manufacturer and distributor. 4. Authorize a budget amendment in the amount of $5 ],4 70. 5. Authorize the Chairman to sign the agreement. PREPARED BY: Emilio Rodriguez, Fire Chief, Isles of Capri Fire Rescue .0'.,-." -,-.- , I' Agenda Item No. 16F3 December 1, 2009 Page 3 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F3 Meeting Date: Recommendation to approve the purchase of three WeatherBug stations to enhance the capabilities offjrst responders, recognize WeatherBug as a sole source vendor, authorize the Chairman to sign the agreement, and authorize the associated budget amendment (Fiscal Impact $61,470,) 12/1/20099:00:00 AM Prepared By Rod Rodriguez Fire Chief Date Isle of Capri Fire Control District 11/9/20091:13:21 PM Approved By Dan E. Summers Director of Emergency Services Date Bureau of Emergency Bureau of Emergency Services and Services and Emergency 11/10/20099:54 AM Emergency Management Management Approved By Colleen Greene Assistant County Attorney Date .' County Attorney County Attorney 11/17/20099:32 AM Approved By Jeff Ktatzkow County Attorney Date 11/17/20092:59 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 11/17/20094:21 PM Approved By Rod Rodriguez Fire Chief Date Isle of Capri Fire Control District 11/181200911:08 AM Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 11/181200911:09 AM Approved By Lyn Wood Contracts Specialist Date Administrative Services .-"" Purchasing & General Services 11/2012009 8;25 AM Division Approved By ,,~_.""~ .. --~_._._~." I..----.n.--..-~'_...__.. Agenda Item No, 16F3 December 1, 2009 Page 4 of 21 Scott Johnson Purchasing Agent Date Administrative Services Division Purchasing & General Services 11/20/20093:02 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/20/20093:18 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11/23/20094:19 PM Approved By Mark Isackson Management/Budget Analyst. Senior Date Office of Management & Budget Office of Management & Budget 11/23/20094:21 PM Agenda Item No, 16F3 December 1, 2009 Page 5 of 21 ~ OFFICE OF THE COUNTY ATTORNEY MEMORANDUM DATE: April 7, 2009 FROM: Chief Rodriguez, Isle of Capri Fire Chief -, Colleen M. Greene, Assistant County Attorney ~~ \ TO: SUBJECT: Isle of Capri Fire Department request for use of Impact Fees The issue presented is whether impact fees may be used by the Isle of Capri Fire District for two specific projects. The first project is to build a weather station in southern Collier County, and the second project is to build a boat dock at the fire station. It is my opinion that both of these projects are eligible for use of impact fees as both are necessitated by growth. Proposed Projects "~~ You have advised that the population in the Isle of Capri Fire District has approximately doubled in the last five years due to growth in the Mainsail Drive and Fiddlers Creek developments. As such, it is your opinion that the proposed projects are necessitated by growth, The proposed weather station will be built in southern Collier County and will enhance forecasting and tracking severe weather for this area of the County. Currently the only weather stations in use are in northern Collier County. Adding weather stations in southern Collier County will enhance emergency response and provide additional safety for the residents and first responders in the Isle of Capri Fire District. Proposed construction of a boat dock at the fire station is also necessitated by growth. The Isle of Capri Fire District is located on the water and owns/operates a boat, yet it has never had a boat dock due to cost. The boat has been docked at a neighboring restaurant; however this is a temporary arrangement and the Fire District would like a pennanent location for its boat to maintain the level service required for the Fire District. The Fire District now has sufficient impact fees to build a dock behind the fire station, Impact Fees Impact fees may only be used for growth necessitated improvements. Impact fees may not be used for maintenance or repair. Collier County Ordinance No, 01-13, as amended, provides: ,,~' (b) The funds deposited into each impact fee trust fund shall be used solely for the purpose of providing growth necessitated improvements and additions to the specific public facility or in that road impact fee district or anyone or more adjacent road impact -.'.-" .._..--- I Page 2 of 2 April 7. 2009 Agenda Item No. 16F3 December 1, 2009 Page 6 of 21 fee district for which the impact fee was assessed including, but not limited to the following: (1) Design and construction plan preparation; (2) Pennitting and fees; (3) Construction and design of public facilities; (14) Acquisition of apparatus, equipment or furniture necessary to expand the public facilitics; (This list is not inclusive, The ordinance provides 21 examples of eligible expenditures. The items included in this memorandum may be relevant to the proposed use of the impact fees.) It is my opinion that impact fees may be used for the construction of the two projects described in this memorandum. cc: Dan Summers, Director, Emergency Management Jeffrey A. Klatzkow, County Attorney Amy Patterson, Manager, Impact Fees 05-('()A-()12W/]~] Agenda Item No, 16F3 December 1, 2009 Page 7 of 21 ~ U.S. DEPARTMENT OF COMMERCE National Oceanic and AtmospheriC Admlnistratlon NATIONAL WEATl-lER SERVICE FORECASTOFFIGE 11691 SW 17'" Street Miami. FL 33165- 2149 TO: FROM: SUBJECT: DATE: Whom It May Concern /' j Russell L. Pfost, Meteorologist.in-Char' Suppol1 for W eatherBug Sit~ ill South oilier County Tuesday, May 26, 2009 c 111is memorandum is in sUPPOI1 of the three proposed new WeatherBug weather observation sites for locations (Isle of Capri, Ochopee. and the new Collier Counry Eoe building) in south Collier County, The small scale of impol1ant weather phenomena ill South Plorida. including sea breezes, tbunderstorm outflow boundaries. frollts, mesoscale circulations. and local temperature/radiation efl'ects. makes any and al! extra ohservalions important to the National Weather Service and our ability to make accurate forecasts alld issue effective warnings. The National Weather Service alrelldy uses some ol'the WcathcrBug observalions as veriJ1cation for our forecasts and warnings, Additional observations in!esser populated areas will enhance the South Florida mesoscale weather observation network. <', -- --,--,-",,-"'~"-"'-"- - .- .. '-'-'~-~.._"-- . 1'--"------'--- ---.- --- ....-- ~-+ Agenda Item No, 16F3 December 1, 2009 Page 8 of 21 I I I I ,""" .'< 1." . . ..(~. 'F:~. . . ."..,...: .," '~., ~/-~"r;~ STATE OF FLORID'" DIVISION OF EMERGENCY MANAGEMENT CHARL.IE CRIST Governor RUBEN D. ALMAGUER lnierlm Dueclor June 4, 2009 Dan E. Summers, Director Collier County Bureau of Emergency Services 8075 Lely Cultural Parkway, Suite 445 Naples, FL 34113 Director Summers, The Florida Division of Emergency Management endorses Collk... County Bureau of Emergency Service's initiative to increase situational weather awareneSS via purchase and installation of three A WS Weatherbug meteorological stations. The Miami National Weather Service Forecast Office has recogni7.ed Collier County as a StonnReady Coun,y, These weather stations wiJl ensure that Collier Counly Emergenc)' Management fultills the hydrometeowlogical monitoring criteria as set forth by the StonnReady Program, which increases the chances ofre-recognition by the National Weather Service during future inspections. The Florida Division of Emergency Management considers the StormReady program a vital part of emergency preparedne5s in Florida and is proud that all 67 county emergency management agencies have been recogni7.ed as being StonnReady. The purchase and installation of these weather stations will allow government and citizens to monitor weather conditions throughout a larger portion of the county, which will increase the ability for a timely local response during severe weather events, A WS Weatherbug stations are a reliable source of local meteorological conditions, and the added features of lightning detection and cameras will be an asset to Collier County. Pleuse let us know of any additional support that the Florida Division of Emergency Management can provide to support this endeavor, Sincerely. ~-?P)'<..-C -'- ~ David Halstead, Interim Deputy Director Florida Division of Emergency Management 8SNIDH FLORIDA RECOVERY OFFice 36 Skyline Drive- Lak~ Ma(y, fL 32H6.tlZOl . DIVISION HEAOQUA"RTf:RS 2t1&5 Sh\.lm.rd Oak Boulevard' Tallllhau..e, Fl 32:\1HI.2100 leI: 850.413.99C9' Fax- 850.488.10Hl ""w.~..E.!.r;'-'ltlllJ)I.i.a.i!oleLO r.ll . STAn: LOGISTIC! RESPONSE" CENTER 2702 DlreclOrs Row Orlando, Fl ~2809.5631 ,- J. Christopher l.nmbordo, Chair_.. Margaret HanliiOR, Vice {~h.irman Paul J. Moriarty Sr. Trea........ James Burke. Commissioner John O. McGt)WBD. Commissioner Agenda Item No, 16F3 December 1, 2009 Page 9 of 21 1 i I 1885 Veterans Park Drive Naples, FL 34109 (239\597.3222 Fax 1239i 597.7082 North Naples Fire Control and Rescue District May 7. 2009 Richard Zyvoloskl Collier County Emergency Management 8075 Lely Cultural Parkway Suite 445 Naples, FI 34113 Dear Rick: Please accept this letter as support for Collier County to install three weather stations at the Isle of Capri Fire Department, Ochopee Fire Department and Collier County Emergency Operations Center, By installing these weather stations at these three locations. it will afford weather awareness from a variety of points throughout the County. This will also aid us in tracking the 45 mph sustained winds as they traverse through the area, The North Naples Fire Control & Rescue District is committed to the protection of Clot only the residents in our District but anyone in need, orty C, Stolts Chief _"0 ( )('S!hck ---,- ,~--_._-~._, - -"--_.",-,,--"',- "..,,-,- , I""'" -~ Agenda Item No, 16F3 December 1, 2009 Page 10 of 21 Florida Depllrtmt-nt 01 Agriculture alld COllsumer St-nJCP' CHAHI.ES H. BHOi\SO\. C"mlll;";"""! The Capilol . THllahassee. VI.. :J2:3'J9-0B(){) www.noacs.sIHlp,fL\Js May 25, 2009 Rick Zyvoloski Collier County Bureau of Emergency Senice' 8075 I.ely Cultural Parkway Suite 445 '" aples. FL 341 B , . . . I '" 1(__. <',.t- Dear Mr. Z)~ . The Calusabatchee District of the Florida Oh'ision of Forestry supports your efforts to in.5tall weather stations in southern Collier County. ''',e also support efforts to install the weather stations in olher parts of Collier Counry. Plcase contact me if we can be of additional assistance. Rcg~rds, , fA. i ..,1 r< I,~ \, lJ:1 't . I \ i' Ii;' , 't'" I '\ \ I". K"'; tl' \ i~t~~A. 'iifi.- \ \ ' Wildfire Mitigation Specialist (239) 690-3500, c",t. 1 04 -,-_."~ ~.._~_...., . . ."-,,-._-,,., -.- --~. ._,. .--" Florida .) q; A!(riclIltllr<> and Forest I'rodlll'ts B i I J i fI 11 r 1) r FIn r j d d .... F (, n 11 II III \ lMMOKALEE Immokalee Fire Control District 502 E. New Market Rd., lmmokalee, FL 34142 Agenda Ilem No. 16F3 December 1, 2009 Pa"1 Q!21 FIRE -,,- " , November 5, 2009 Dan E. Snmmers Director, Bureau of Emergency Services RE: Support Collier County Weather Stations Dear Mr. Sllmmers, On behalf of the Tmmokalee Fire Control District I would like to add our support for the ~ and installation of weather stations at the new EOC, Ochopee Fire station and Isle of Capri. Collier County is the largest county in the state and with a population spread out over 2,000 plus square miles we experience many different weather conditions. Installation of the weather stations would go a long way toward validating the need for emergency responses and keeping everyone safer. . Having been able to install your product first hand at Golden Gate and Big Corkscrew fire departments I can say we have greatly enhanced our tool box for the two communities' when we respond to calls for service. The second enhancement we experienced was being able to look at a larger part of the county at one time and get accurate data we needed to help determine fire behavior and forecasting. The more stations that can be brought on line in Collier County will add to our reliability and enhance data quality and would be great if they could be up and running for the bulk of the hurricane season. Putting vehicles on the road during high wind conditions is always problematic. Having live in hand weather measurements can go a long way in reassuring elected officials why we send or do not send people out in the streets. ur assistance, - Scott rrge Fire Chief sbirge@immfire.com ~, G,u.rJl Oflb'(239) 057.21 I I () ". "('I""") '-'7 ....'7 J.-~rJ.tiun::; ;..J7' 'tl:J -u)o ;Fire !'r0~>~n(jun ;(139),ljS7.:!.tvO ,....... ~.._... ,...-. -""-'~'.._--"'~ ",-~ .~.. .._.._,..,.._._,... H' r' --- '.. ."..~~,,-~--_.,.-._.~.- . Agenda Item No, 16F3 December 1, 2009 . eolff:l!: qou.nty Purchasing - Sole Source Waiver Request . - Department llsles of Capri Are Dept. Date 104/29/09 Vendor Name IWeatherBugP,ofessiona, Item or Service fwe~t~er S~tio.ns Select the category and provide rationale which supports the justification to consider waiving the competitive process for this purchase (attach IlLsupporting documentation) r Emergency: There Is a public health or safety issue that requires immediate product or service (i.e. disasters). Provide explanation I (' One-of....-Idncl: There Is no competitive product (one-of....k1nd, and/or Is available from only one vendor). Provide explanatfon I of research (' Compatfblllty/Proprietary: There is only one product or service capable of meetIng existing conditions and the service can be obtained from only one vendor. (OEM) Provide Explanation I (" No Substitute: A component or replacement part has no substitute and can be obtained from only one vendor. Provide Explanation I (0 Authorized DIstributor: Provide a letter from the manufacturer stating single source authorized dlstrlbutor(s). What siml.... typeS of products (other companla) hav. you .--rched to find II.... features.nd openoblllty to d..t.. nolne this Is a sole source purchase? Attach documentation. ltis.a..felonytCJ ~1l~1y~~t..Coti1~..prDQ!SS.fot cDmmodlt;i~CJr,,1(esbYfriudulentfy spedfylrig$Olesou~.l;:loiicl,$~sa8122(~}... ... .. .... ..... ... . Requested by: I~~~~ Date ", &'- O~ l5 bepartment Director. I . Date ~-S"-()'l Acquisitions Agent Date Agenda Item No. 16F3 WeatherBug" PROFESSIONAL ,,,,,,,,.,,,,.~_,-,",~.,~..-,~,,,;~',J)''''''.'''''~''-T,",'~::!:I$;,",",;A''1m'''''':''!t'''''1;lJr_",-""",-,,.!..:f.t:\',""''''''~''''__'''",,,''''-_='''~'"~\''''''^'''"'''''k;;''c~r.;' .... ..,.. '" ,,, ..c .""J";"'~'"''''''.'-;'-''''' '~i;;:i_~l>ifn.",~",ilJ,,"I;;i~l,~~l1tll$i,';j~~':":",",,I",,"..,,,,,,_~illl~!ihd,,~~,,"...!;.....-"""._""~""-""~4!'.<_;,~,"'c\i.,.,...,' .., -1>i~';,"")l,,.''';';;..,,'' ll'.<"f~~',;;',~"" ,- TO: Mr. Rick Zyvoloski Collier County EMA 3301 East Tamiami Trail Building F Naples, FL 34112 FROM: Stuart Hershon Government Sales Coordinator 1-800-544-4429 x4080 shershonlWaws.com DATE: November 4,2009 SUBJECT: Sole Sonrce Justification for WeatherBug in Collier County, Florida WeatherBug was founded in 1993 and employs over 300 staff based in Germantown, MD. WeatherBug operates over 9,000 weather sensors in the United States, including over 500 in the State of Florida. These custom weather sensors are connected to the WeatherBug Network via direct internet connections, and stream live data every two seconds. WeatherBug streams this data through a proprietarv network architecture that is fully redundant and fault tolerant. No other companv or orl!:anization has a comparable network of weather sensors or network architecture assets. Onlv WeatherBul!: professional grade weather trackinl!: stations are connected to the network. WeatherBug is the sole Manufacturer and Distributor of Weather Bug Weather Tracking Stations, WTLN Lightning Sensors and WeatherBug StreamcrRT software. 12410 Milestone Center Drive. Suite 300' Germantown, MD 20876 301.250.4000' 800,544.4429 www.weatherbugprofessional.com - ...-.- ---.....-.- , --"'.'-~--_."~~'--"- _ .._,~_'_,,_m"__"" I.'---.....-.~-' Agenda Item No. 16F3 December 1, 2009 Page 14 of 21 Figure 1: WeatherBug National Network o NT A RIO' . , ,," "".' CAN Atlantic l", ') ( 01:8<," '-, \ \ ( " " " , Clucl!ld ~Obre!il6n , , \. I "___o_ j Hio3lg0def' '-,".....lUVIl0 / -"''- Parl'lll \ ~CIJ"can l.7"...~~Linllr~ \ /._<':'_EX I C 0 \/ Gli!forMMco o NSS$8U HI"lllIlII r.\SenlaCl9Ut WeatherBug monitors and maintains the network of sensors from a network operations center that monitors site operations on a continuous basis. WeatherBug has a number of core capabilities that will be utilized extensively in the delivery of the enhanced weather intelligence to Homeland Security through the Streamer RT weather intelligence platform, Streamer RT and other WeatherBug brand . applications are the only products that contain data from WeatherBug's proprietary network of weather station data. Program Management - WeatherBug has a seasoned and entrepreneurial management team dedicated to exceptional customer service. WeatherBug has a history of providing world class customer service to a wide range of customers including over 100 media broadcast partners, 30 large energy companies, and over 700 federal, state and local government agencies. Network Operations and Communications - WeatherBug has a dedicated Network Operations team and large information technology engineering staff Their responsibility is the operation of the Network, communications infrastructure and data centers that collect and distribute data to end users. This is a completely unique and proprietary set of assets and capabilities. This operation ensures that the WeatherBug Network provides the highest quality data possible. Working with the National Oceanic and Atmospheric Administration WeathcrBug has been able to validate the quality of data it delivers. WeatherBug data is consistently high in quality relative to National Weather Service and other network data. 12410 Milestone Center Dr'ive. Suite 300' Germantown. MD 20876 301.250.4000 . 800.544.4429 www.weatherbugprofessional.com Agenda Item No. 16F3 December 1, 2009 Page 15 of 21 ,_M, Figure 2: Network Infrastructure Geo- Targeted Content Geo- Targeted Distribution Local Traffic Local Weather Sensors & Forecasts Internet Desktop Users Wireless Users . . . . . . . . . . . . . . . . . . . . . . . . . ."Uj~ """""~ ......,..... ~~- ~~'-t." ~_',l__,_....._, AW' Central Data Centers Meteorological Expertise - WeatherBug employs meteorologists charged with product and content development in every area of the business. Weather Services in the Government Services group oversees the program to monitor and maintain all WeatherBug Network Sensors in Florida including those in Collier County In the State of Florida our customers have included: Broward County Sheriff's Office, Broward County Schools, City of Miami, Miami Dade Schools, Orange County, Nassau County, V olusia County, City of Titusville, Alachua County, Martin County, Golden Gate Fire District, City of Maitland and many more. If further information is needed, do not hesitate to contact me directly. Sincerely, 0...._ Stuart Hershon WeatherBug Professional Services 1-800-544-4429 x4080 12410 Milestone Center Drive. Suite 300. Germantown, MD 20876 301.250.4000.800.544.4429 www.weatherbugprotessional.com - """'''--,'-- -.-." 1......--...... Agenda Item No, 16F3 December 1, 2009 Page 16 of 21 12410 Milestone Center Drive, Suite 300 . Germantown, MD 20876 301.250.4000.800,544.4429 www.weatherbugprofessional.com WEATHERBUG PROFESSIONAL AGREEMENT 12410 Milestone Center Drive, Suite 300, Germantown, MD 20876 AWS CONVERGENCE TECHNOLOGIES, INC. dbe WEA THERBUG hetein referred to.s 'AWS' Agenda Ilem No, 16F3 December 1, 2009 Page 17 of 21 t IhlrHlll"t ((0111 Hll11ltHIII.llj'~1I BusiDeIS Name: Contact Name: Basiness Address: 330 I East Tami2mi Trail Building F Napl.s, FL 34112 Dillin... Name: Contact Name: CODtact Phooe: Basio... Add....: Contact Fax; Stuart H....hen 800 544-4429 en 4080 EmaiJ Addnu: Contact Fax: com ....\ IH dllll oil', odlh'h .11111 ....i. t \ H"~ "- Product Notes Quantity Unit Price Total Price Name InstBIJlIlion 3 S2,5OO.00 $7,500.00 (Standard) - Tracking Station I< Camera Lightning 3 $3,990.00 $ 11,970.00 Package Stream..-r R T - 1 SO.OO SO.OO Gov't I Comm ! (3 Seat License) WIllIlherBug 3 $7,500.00 $22,500.00 MotionCam WealherBug ! 3 $4,000.00 I $12,000.00 Tracking I SlZlionwl i D' ita! Di lav , Potential In the event that permitting 3 $2,500.00 I $7,500,00 additional andlor Archileclural services Install Costs need to be procured by I , WeatherBug or its agents for I the installation of the 3 quoted for Weather Stations in Collier County, an additional installation fee of up to $2,500 per station will be added to the final cost of goods and SllNices, I i , Grand ToI8l: S53,970.oo.561,470.oo Inltiej Term of Contract -- ...,,"~ . , - ._,->~....._.- 1--'-- ~w.atherBug' ATTACHMENT 1. TERMS AND CONOmONS !!!mIIllIl Payment will be mode upon receipt of. proper invoice ond in compliance with Section 218.70, Fla. Stats., otherwise known a. the "Local Gavernman! PmmPi Payment Ai:r. InstaltatiOn anCVor maintenatlC8 costs quoted above are valid for stand8rt11nstalistions onfy. An'i installation or maintenance work that l'8quires nOlHtandard eqllipment maten.1o ar rogul8lo1y """""'" mey be subject to .n eddWonal charge. ~ior Counly, Flor<la .. . p_' subdlvl8lon of lI1e Slate of Flarido, is _mpt from the payment of Flood...... tax to its vendors under Chapter 212, FIoIida Stat...., Certificate of Exemption . 21-o7-o1999$-53c. The porlios ogIMIO be bound by tho tonna and condition. IhIt follow: C_er Signature and Dale ATT"-ST: Dwight E. Brock, Clm af Coun:s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Sy: Dated; (SEAL.) By: Oonn. Fill., Ch.irman By: AWl Canverg.n.. Technologies, Ine. ~' I /',"" ~ - ,. ~ /. " ,./ f 1-<: //1 '.1,--:-".-,,,,,1 ,'....: ,,-~; , 'J/ ;, 'I "" , , ,~. , r- ,-'1:....- (/1 First WItness Signlllure I ,/ "' "- yi"'",~ trypelprlnt witness ...met . . -' . /-/ (.? . .' /, /f(/' .J J ,,,,.....,.,,'.,,....-..' II" :',", /;:;c . r" 11',r.- _. f-t._ , , &'_,.; / . Typed "gnawre "",d title / I . ,. ,..,..- ~Y;-rM...L""'-"J ..~--. ~". / Second Witness try~rintwltness namet Approved as to form and iegal 8lIfiiciency: ~'"W~ AssIstant nty AlIome, J~N",HF(tt e..W~\"~ Print Name ~WIathIriIug' ATTACHMENT 1. TI!IWS AND CONDITIONS PI" -.18...11 pagel "'lIIeeignod eg......nt_yloAWS 811-30\.258-5210. Agenda Item No. 16F3 recember 1, 2009 (~of21 PRorrSSION.A.\. . . 1'.- '^-'-".~,-<-'~-'...-. ' ._.' ....___,~.d,~"_.., .---- ., '. _.'-_. ,- ~w.athdurt 1. Payme.t. The Buyer agrees 10 payment t<. illS per Remarks section of Schedule. Payment should be made to: A WS Convergence Technologies, Inc. Dept 0152. PO Box 120152 Dallas, TX75312 2. iIlspectlon aod Aceeplanc.. It is Buyer's responsibility to inspect and accept eaclt unit at the time of delive!)'. Failure of Buyer to inspect and accept the unit at that time waives Buyer's rights to inspection and aa:eptance as a IonD of the contract, However, any actions under this c]JlIlU! shall not be deemed a waiver of any wammty contained herein. 3. Web Services. As part of this pal:kage purcbase, Seller agl_ to provide to Buyer: (1) complete access to the web service specified on the Schedule; (2) Provide adequate bandwidth and' server capacity; (3) Provide toll-fr1:e technical support. The above services will be provided for as long as Seller maintains support for the applicable web service. 4. Term amd Termmetion. The web services sball have an initi2l term as specified on the Schedule. Unless otherwise specified on the Schedule, the web services subscription shall automatically renew for successive 12 month terms, unless tertn.inJ;ted by either party with at least 30 clays ootice prior the expiration of the then current tenn. 5. Di.pu~ Prior to the initiation of any action or proceeding permitted by this A~t to resolve disputes between the parties, the parties shaU make . good faith effort to resolve any such dispute< by negotiation. The negotilltion shall be attended by represen1lIIives of Seller with full decision. making lllIthority and by Buyer's smff person who would make the presentation of any sottloment reached during negotiations to Buyor for approval. Failing resolution, and prior to the commencement of depositions in any litigalioo betwcon the parties arising out of this Agreement, the parties shall attempt to resolve the dispUle through Mediation before "" agreed-upon Circuit Court Mediator certified by the Slate of Florida. The mediation shall be attended by representatives of Seller with liIIl <iecision-mal(ing aulho:ity and by Buyer's smff person who would make the presentation of any settlement reaclted at mediation to Buyer's board for approval. Should either party filii to submit to mediation as required hereunder, the other party may obtain a court ord=r requiri.ng medl&ioo under Section 44.102, Fla. Stat. A IT ACHMEliT 1 . TERMS AND CONDmONS - Agenda Ilem No. 16F3 (l:ember 1, 2009 ~21 Any suit or action brought by either party to 9. Lightning Disclaim.... Experience has this Agreement agoin<t the other party shown thet the resolution, timeliness, and relating to or arising out of this A&<_nent fonnat in which lightning data are must be brought in the appropriate federal presented within various displays and or S1llte courts in Collier County, Florida, prodnc~, does not provide a roW solution which cow1s have sole and exclusive with regard to addressing concerns jurisdiction on all such m"".,s. regarding the presence of convective 6. Warranty. The Seller warrants the activity and/or lightning and their potential hardware and software purchased by the impact on the safety of personnel andlor Buyer against defects in workmanship safeguarding of facilities, whether it be of and materials for a period of one (I) year immediate or short tenn concern. from date of delive!)' under this contract. Interpretation and application of the data, The Seller shall, at its soie option, either as well as any comparative analysis and/or repair or replace defective items. Buyer is prognosis or similar activities done by any responsible to retlII1l of defective items to user, are done so solely at the user's risk Seller by means specified by the Seller. and have not directly or indirectly been The Buyer shall bear all shipping implied, condoned or recommended by expenses. Packing of defective items for Seller, and/or ilS data suppliers. return is responsibility of Buyer. Damage 10. Liability. Buyer and subsequent IISeI$ due to natural causes (storms, lightning. of hardware and software agree to waive flying debris, etc.) is not covered by this any liability of Seller for dilIllage c>".ed by Wllmlllty. Damage resl1lting from Buyer hardware ""d software installation and negligence or mishandling of hardware operstion on any user premises, and software is not covered by this 11. Limitations of Liability. Except for wma.~ty. damages caused by Seller's willful 7. Alterations and Attachments. If misconduct, recklessness, or gross Buyer makes alrerations or attaches a negligence. the parties agree that to the device or ""yother item to the A WS unit eXlent permitted by applicable law, Seller as sold and installed, the warranty is limits or disclaims liability related to the voided and Seller has no further manufacture. delivery, or use of the obligation \JDder the warranty. equipment, lbe software andlor supplies 8. Disdaimer of Implied Warranties. used in connection with the equipment or EXCEPT AS PROVIDED ABOVE, THE the provision of services far the aquipment, Vr.B SERVICES AND DATA as follows: (a) For direct damages, Seller DISPLAYED TIlEREIN ARE liability is limited to the amounts paid by PROVIDED ON AN "AS IS" AND "AS Buyer for the equipment, software, supplies A V AILABALE" BASIS. EXCEPT AS or services giving rise to, or which are the PROVIDED IN SECTION 6 ABOVE, subject of the claim, whether such claim SELLER MAKES NO WARRANTY, alleges breach of contract, or tortious EXPRESS OR IMPLIED. TO BUYER, conduct inclwling but not limited to OR TO ANY AUTHORIZED USER OR negligence or any other theory; (b) Seller THIRD PARTY. INCLUDING ANY disclaims liability for indirect, incidental, WARRANTIES OF QUALITY, special, or conseqllOntial damages ACCURACY, PERFORMANCE, (including but not limited to, ioss of use, COMPATABILITY, revenue, or profit) whether such claim MERCHANTABILITY, AND FITNESS alleges breach of caolract, tortious conduct FOR A PARTICULAR PURPOSE. including but not lirnit..-d ro negligence, or BUYER ACKNOWLEDGES TIlA T any other theory. SELLER IS NOT RESPONSIBLE FOR 12. Dota Rights. Seller retains all rights to THE ACCURACY OF ANY data andlor video images (hereinafter INFORMATION OR DATA "data") generated by the A WS system(s), CONTAINED IN THE SERVICES, AND Seller grants Buyer alimi",d license ror use SELLER SHALL NOT BE LIABLE FOR of stICh dat3, in connection with Buyer's ANY LOSSES RESULTING FROM internal business/educational purposes, but BUYER'S OR ANY AUTHORIZED for no other purpose. Seller has exclusive USER'S RELlANCE ON ANY SUCH rights ror resale or to otherwise use data INFORMATION OR DATA UNDER from the 1ru;talled sysrem(s). Buyer ,md ANY CIRCUMSTANCES. December 1, 2009 r:,.age 21 of 21 AnACHMSNT1. TERMS AND CONDfT1ONS ~ nonprevailing party shaU pay the software, or supplies not provided by prevailing party's COSlS and expenses Seller. IMPORTANT: SELLER MAKES (including reasonable attorney's fees &: NO OTHER EXPRESS OR IMPLIED other arbitration costs). W ARRAN1Y OF NON- 17. EX!r8ordi..ry Clrcumstonc... INFRINGEMENT AND HAS NO OTHER Except for obligations of payment, neimer LIABILITY FOR INFRINGEMENT OR Seller nor the Buyer shall be liable for ANY DAMAGES THEREFROM. To nonperformance caused by circumstances avoid an infringement (even if not alleged) beyond their conlto~ including but nOl Seller may, at its option, at no chorge to limited to, work stoppages, floods, Buyer, obtain . license to use, modifY, or 1igblning and all other IlCts of God substitute an equivalent item for the Ill. Breaeb. Either party may terminate infringing equipment or software. this Agreement on breach by the other 11. Omitted party of any material term or condition 22. Necessary Mainte..nee by A WS. hereof 10 days after written notice is Buyer will provide. upon reasonable notice given to the breaching party by the non- by Seller, .<CeSS to the system(s) for the breaching party if such breach is not purpose of supplying necessary cured. maintena..,ce and/or the installation of 19. Order Fulfillme.t. If this is . additional sensor equipment. multiple unit order andlor includes 23. Seversbillty/Assigubility. If any promotional goods, credilS, services, and provision of lb.is Agreement shall be held 13. At< 'so To Communicetio. Un.. lb.e Buyer does not fully complete tho to be invalid or unenforceable, the Buyer agrees to connect, at Buyer expense, terms of the Order agreement, SeUer rem~inder of this Agreement shall not be lb.e A WS unit(s) to . dedicated, full-time reserves the right to rebiU at standard affected thereby and shall remain valid lllld lnternet connection. Buyer further agrees to prices or to retrieve me promotional enforceable. Neither party may assign mis maintain the A WS system in an operational items, unless the Buyer reconciles by Agreement or any of its rights and mode at all tim.. and to permit Seller acquiring another A WS product eligible obligations hereunder to any pmon, firm authorized outside access to system dam for such promotional items/discounts. or corporation, without the prior written through the telecommonication line. %0. Pate.t Indemnity. Seller will defend consent of the other, which consent shall Telecommunication line expense is solely the Boyer from, and pay for ultimate not be unreasonably withheld. provided the obligation of Buy.... Buyer agre.. to judgment or liability for infringement in however that either party may assign this follow all procedures outlined in the the United States by equipment or Agreement to a successor in interest as a Operations Manual to ensure system acc...s operating system software ("Software") of result of a sale of all or substantially all of is maintained. any patent, trademark, trade secret, its stock or assets. 14. Non-Waiver of Rights. The fililure of protected semiconductor chip mask work, 24. Modif"u:atioll. This oontract sball not Buyer or Seller to insist upon strict or copyright if Buyer promptly notifies be varied in ilS terms or conditions by any perfonnance of the terms and conditions of Seller in writing of any alleged oral Agreement or representation, but only this ConlIllCl or to exercise any rights or infringement, allows Seller to defend. and by.., instrument in writiog of even or remedies. sball not be construed as a waiver cooperates with Seller. SoUer is not subsequent date lb.ereto, properly executed or its righlS to assert any of same rights or to responsible for any non.A WS litigation by both the Seller and Buyer. rely on any such terms or conditions at any expenses or settlements unless A WS %5. Entire Agreement. The terms and time thereafter. agrees to them in writing. Seller is not conditions cor.tained or referenced in this 15. Governing Law. This Agreement sball liable for any infringement due to Order Ag:eement are the complete and be governed by the laws of the State of equipment or software being made or eotire agreement between SeUer and Buyer Florida. modified by the Buyer or Buyer requested respecting the subject matter of this 16. Attorney'. Fees/Costs. In any action specification or designs, or being used or Ag:eement by a party to enforce its righlS hereunder, the sold in combination with equipment, ~WeatherSug' users of hardware and software under this colll1aCt cannot provide access to third parties without the express written consent of Seller. Requests for .'<<ss must be in writing to lb.e Soller at the Seller's place of business. Seller grants Buyer a royalty free license 10 use and dissemiltate dlllll generated by the Buyer'. A WS system for educational purposes, save and except that Buyer is expressly prohibited from disseminating data to media outlets (such as TV stations, cable channels, radio stations, newspapers, and lIlllgl':rines). Buyer is expres9ly prohIbited from dissemin.m,g data from any other A WS system. Confidentiality of infol'ltl&tion contained in this agreement is subject to the requirements of the Florida Public Records Act, Chapter 119. F1a. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stllt., Customer Initial --_....",----- - ~--_.,._---~.__..-.., r- -- ,., _ _"".__..___d,_'___