HomeMy WebLinkAbout20111455 Vergpjiwireless
7600 Monlpelier Rd
Laurel,MD 20723
May 24, 2011
Ms. Barbara Kirkmeyer
Chairman of the Board of Commissioners
Weld County
915 10th St
Greeley, CO 80631
Dear Ms. Kirkmeyer:
Verizon Wireless is pleased to introduce Weld County to our Enterprise Messaging
Service for Public Safety which will allow you to send high volumes of SMS messages in
a fast, secure, and efficient way. The material attached details the terms and conditions of
the Enterprise Messaging Service for Public Safety which will update to your current
Verizon Wireless Agreement, as amended (collectively referred to herein as the
"Agreement").
To begin taking advantage of this service, please sign the attached form and return it to
your Verizon Wireless Sales Representative today. The attached Acknowledgement
Form, when signed by an authorized representative of Weld County, will become
effective("Effective Date") and will update the Agreement.
Please feel free to contact your Verizon Wireless Sales Representative with any
questions.
Sincerely,
Lita eterson
Associate Director Sales Operations
State & Local Government Contracts and Proposals
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Enterprise Messaging Plans (Open Market)
Please note that these plans are being offered as Open Market.Contingent upon execution of a Blanket Purchase Agreement between the
parties.
rrhis ` '` Enterprise Messaging Monthly Access Per Message After
• Messaging allowance standard text messa in rates apply for Reci lent Allowance
--- (standard —--_g fl---PP Y --
Unlimited
(For Public Safety/First Responders $0.00* --
Only as defined below")
100,000 $200.00 $0.02
Unlimited $500.00 --
*The$0.00 Monthly Access Unlimited plan is only available to Public Safety/First Responders classified with the following NAICS(formerly
SIC)Codes:
• 621910 Ambulance Services
• 922110 Courts
• 922120 Police Protection
• 922160 Fire Protection
• 922190 Other Justice,Public Order,and Safety Activities
1.ENTERPRISE MESSAGING: In order to protect our network and safeguard subscriber privacy from unsolicited(spam)or objectionable text
messaging, Verizon Wireless employs protective measures, including aggregate message volume limits,content filtering and speed of service
limitations on publicly accessible Internet messaging gateways. Verizon Wireless Enterprise Messaging service allows enterprise accounts to
send aggregate text messages to other Verizon Wireless subscribers while reducing potential delays related to these protective measures
2. REQUIREMENTS AND RESTRICTIONS: Enterprise Messaging is available to Customers that have a valid Blanket Purchase Agreement
with at least one hundred (100) active Government Subscribers. Verizon Wireless will provision a Pilot Mobile Phone (described below) and
provide access to the Enterprise Messaging Access Gateway(EMAG)online portal to set-up and manage the service.
Enterprise Messaging can only be used to send messages to Verizon Wireless subscribers and Customer agrees that it will send messages
only to subscribers that have opted in to receive its messages by:a)establishing an opt-in process that effectively captures each subscriber's
consent to receive Customer's messages, informs subscribers of the nature and scope of Customer's messaging campaigns and any financial
obligations("Standard Messaging Charges Apply")associated with the messaging; b) maintaining opt-in records for a minimum of 6 months
from the date of a subscriber's opt-in consent;and c) immediately complying with subscriber opt-out requests such as STOP, END, CANCEL,
UNSUBSCRIBE or QUIT in compliance with Mobile Marketing Association (MMA) guidelines (www.mmacilobal.com). Customer can use
compatible, properly configured SNPP, WCTP, XML and SMTP messaging protocols,for which it is solely responsible for maintaining facilities
to monitor its messaging operations, or the EMAG portal, to send up to fifteen text messages per second to subscribers. Provision of the
EMAG service does not obligate Verizon Wireless to support variations of these protocols, whether those variations are optional within the
published protocols or authorized or unauthorized variations to the published protocols. Customer agrees that:a)its messaging will comply with
applicable industry guidelines (e.g. MMA's Best Practices and CTIA's Wireless Content Guidelines) and Verizon Wireless content
(www.verizon.com/contentpolicv) standards as they may updated from time to time; b) it will not send messages containing executable files or
links to other content or premium or similar messages that require a subscription or surcharge; c) it will not install, deploy, or use any
hardware, firmware, software or other technology or technique to circumvent Verizon Wireless' messaging network operations protections
except as granted under this agreement; and d) it will not send any objectionable material via Enterprise Messaging or advertise, promote,
distributed or use objectionable material in connection with Enterprise Messaging (for purposes of this agreement, objectionable material
includes, but is not limited to material that: (i) is prohibited by any applicable law, rule or regulation, (ii)contains anything that is obscene or
indecent or anything with strong sexual,explicit or erotic themes or that links to such content, (iii)contains hate speech; (iv)contains excessive
violence,(v)contains extreme profanity, (vi)contains misleading or fraudulent claims,or(vii)promotes or glamorizes alcohol abuse,illegal drug
use or use of tobacco products). Consistent with prevailing standards in other content distribution mediums, content in this category that does
not satisfy the above may be distributed if included in the context of artistic,educational, medical,news,scientific or sports material. Customer
agrees that its use of Enterprise Messaging will comply with any applicable local,state,national and international laws and regulations.
3. Public SafetylFirst Responders: Public Safety/First Responders shall not be subject to the minimum one hundred (100) Government
Subscriber requirement. Additionally, for eligible Customers, Customer acknowledges and agrees that the $000 Enterprise Messaging
Monthly Access Plan is being provided free of charge for the purpose of public safety and hereby agrees that it will use this plan in good faith
for purposes associated with public safety activities.
4.LIMITATIONS:Wireless phones use radio transmissions which by their nature do not permit the delivery of text messages when the wireless
phone is not in range of one of our transmission sites or a transmission site of another company that has agreed to carry our customer's calls,
or if there is insufficient network capacity available to handle the message at that moment. Even within a coverage area, there are many
factors that might interfere with the delivery of text messages, including the subscriber's equipment, terrain, proximity to buildings,foliage, and
weather. Verizon Wireless also does not own or control all of the various facilities and communications lines between Customer's site and
Verizon Wireless Enterprise Messaging access point. Due to these natural and technological limitations and the limitation in the number of
messac,cs that can be senflup to fifteen per second), ENTERPRISE MESSAGING SHOULD NOT BE USED AS THE SOLE MEANS TO
SEND MESSAGES THAT CONTAIN INFORMATION THAT IS ESSENTIAL TO THE PROTECTION OF LIFE OR PROPERTY, OR IS
MISSION ESSENTIAL OR CRITICAL IN OTHER WAYS.
5. CUSTOMER'S ENTERPRISE MESSAGING CONTACT: Customer agrees to provide contact information including a phone number and
email address to Verizon Wireless of an Enterprise Messaging contact or contacts,who shall be available during business hours and any other
time period that Customer utilizes Enterprise Messaging for the purpose of assisting to resolve service matters and trouble shooting. Customer
must provide written notice of changes to contact information fourteen days prior.
6.PILOT MOBILE PHONE: Verizon Wireless shall provide Customer with one pilot mobile phone at no charge to manage password setup and
resets. Customer should safeguard the pilot mobile phone in case password resets are needed as Verizon Wireless must rely on regular mail
delivery of password resets if the phone is not available(password resets cannot be given over the phone or sent via email).This pilot mobile
phone will not be capable of making any voice calls. Customer shall promptly notify Verizon Wireless if the phone is lost, damaged or stolen
and Verizon Wireless reserves the right to charge Customer for replacement phones.
7. IP ADDRESSES: Enterprise Messaging will be available for up to fifteen public static IP addresses for each messaging protocol the
Customer uses. Customer's Authorized Enterprise Messaging Contact,shall provide the IP addresses and updates to the addresses in writing
on a form provided to Customer by Verizon Wireless. Dynamic IP addresses and IP address ranges are not permitted.
8.TERMINATION OF SERVICE: VERIZON WIRELESS CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR CANCEL CUSTOMER'S ACCESS
TO OR USE OF THE ENTERPRISE MESSAGING SERVICE OR EMAG IF CUSTOMER VIOLATES THE RESTRICTIONS OF THIS
AGREEMENT OR FOR GOOD CAUSE which shall include,but is not be limited to: (a) breaching this Agreement or Customer's Government
Agreement; (b) spamming or other abusive messaging; (c) using Enterprise Messaging in a way that adversely affects our network, our
customers, or other customers; (d) allowing anyone to tamper with messaging applications in a manner contrary to this Agreement; (e) any
governmental body of competent jurisdiction suspends or terminates your service or institutes a requirement, ruling or regulation that conflicts
with this Agreement;or(f)operational or other governmental reasons.
9. DISCLAIMER AND LIMITATION OF LIABILITY: CUSTOMER AGREES THAT ENTERPRISE MESSAGING AND EMAG IS PROVIDED
ON AN "AS IS" BASIS AND CUSTOMER'S USE OF ENTERPISE MESSAGING AND EMAG IS ITS SOLE RESPONSIBILITY. VERIZON
WIRELESS (AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS VENDORS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR ENTERPRISE MESSAGING, EMAG OR TEXT
MESSAGE DELIVERY, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,NONINTERFERENCE,AND THOSE ARISING
FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. VERIZON WIRELESS DOES NOT WARRANT
THAT ENTERPRISE MESSAGING OR EMAG WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR LOSS OF CONTENT,
DATA, OR INFORMATION. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY FAILURE TO PROVIDE ENTERPRISE MESSAGING
AND MAKES NO GUARANTEES THAT ANY TEXT MESSAGE WILL BE DELIVERED. NEITHER PARTY, NOR ITS AGENTS OR VENDORS,
SHALL BE LIABLE TO THE OTHER PARTY, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL,INCIDENTAL OR PUNITIVE DAMAGES.
10.HOLD HARMLESS:Customer shall defend and save harmless Verizon Wireless and its successors,assigns,employees, and agents.and
their heirs, and legal representatives from any and all claims or demands,arising from Customer's breach of this Agreement.
11 NO RESELLING: Customer cannot resell Enterprise Messaging services or allow third parties to use Enterprise Messaging or access
EMAG without prior written permission from Verizon Wireless
12. SUBJECT TO GOVERNMENT AGREEMENT: These terms supplement Customer's Government Agreement as it relates to Enterprise
Messaging and EMAG. The terms dealing with Term, Equipment Modifications, Customer Billing and Payment, Taxes, Surcharges and
Exemptions, Bankruptcy/Insolvency, Dispute Resolution, Confidential Information, Assignment, Force Majeure, Legal Notices and Governing
Law,Venue and Jurisdiction from the Customer's Government Agreement are specifically incorporated herein. If there are any inconsistencies
between these terms and Customer's Government Agreement these terms shall control with respect to Enterprise Messaging.
Organization/Agency: Weld County
Address: 915 10th St,Greeley,CO 80631
D&B Number: 014538859
NAICS(if applicable): 922120
Name: Barbara Kirkmeyer
Title: AA CChairman of the Board of Commissioners
Signature: ictiA t- t .[.tiencly1./t—
JUN 13 2 11
Date:
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