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Home My WebLink About20101478.tiff RESOLUTION RE: APPROVE SATELLITE SERVICE AGREEMENT FOR IRIDIUM PHONE AND AUTHORIZE THE CHAIR TO SIGN -SATELLITEPHONESTORE.COM WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Satellite Service Agreement for an Iridium Phone between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Office,Office of Emergency Management, and SatellitePhoneStore.com, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, a hearing before the Board was held on the 28th day of June, 2010, at which time the Board deemed it advisable to continue said matter to July 12, 2010, in order to allow adequate time for a work session to be conducted, and WHEREAS, after review on July 12, 2010, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Satellite Service Agreement for an Iridium Phone between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Office, Office of Emergency Management, and SatellitePhoneStore.com be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. � � RN- Loan) Lc �� c �CRot.e) o r j 2010-1478 9 7 3h O �-ID-Io EM0014 SATELLITE SERVICE AGREEMENT FOR IRIDIUM PHONE - SATELLITEPHONESTORE.COM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNT ADO ATTEST: z, 1 , �r,„: y`> . =Do gl� Radema er,i •hair Weld County Clerk to the Bo•�i.SG1 'T F �, ' RRR+ �it." ,� aii� A � ' w AA_4 PA-, TrY 4 , bara Kirkmeyer ro-Tem ' Dep ,t Clerk he Board Sean P. nway AP O A M: vi la illi m F. Garcia qAa ty Attorney 4 IS -,() gig/it) E. Long Date of signature: 2010-1478 EM0014 . . • . • • . • • Satellite PhoneStore:com • IRIDIUM CALL US 1-877-WHENEVER(943-6383) (10)Contractual Limitations:During the contract period, customer may change their pricing plan to a higher bundle free of charge. Moving to a lower pricing plan with fewer included minutes will incur a fee of$50.00 and will renew the twelve month contract period. (11)Limitation of Liability:The satellite services provided by SPS may be temporarily interrupted,delayed or otherwise limited and is not available everywhere in the world. SPS makes no representation that it can provide uninterrupted service. Furthermore,SPS shall have no liabilities or credit due for interrupted service unless caused by the gross negligence of SPS.SPS shall not be liable for acts or omissions of other carriers,equipment failures or modifications,acts of God,strikes,government actions, or other causes beyond our reasonable control.SPS MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND (11)WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. SPS SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. (12)Subscriber Terminals and Equipment: Unless provided otherwise, SPS is not responsible for the installation, operation,quality of transmission,or maintenance of Customer equipment. If Customer's equipment is stolen, Customer is responsible for all charges as agreed upon in this Agreement. (13)Licensing: Customers wishing to operate satellite phones while in foreign territories shall be required to obtain any and all licensing or approvals that may be required to operate within that territory. SPS does not guarantee any authority to radiate from territories other than those allowing transborder operations of Iridium equipment. (14)Governing Law:This contract is governed by the laws of the State of Florida and applicable tariffs. (15)CUSTOMER AGREES THAT ANY LEGAL PROCEEDING COMMENCED BY ONE PARTY AGAINST THE OTHER SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT HAVING PROPER JURISDICTION WITHIN THE STATE OF FLORIDA. BOTH PARTIES SUBMIT TO SUCH JURISDICTION AND WAIVE ANY OBJECTION TO VENUE AND/OR CLAIM& IP OK�NVENIENNT.FORUM. bo o o J�¢ 6 dt1 ►' Date 746/6 Section 5 Iridium Satellite Phone Information. (This information is to be completed by Whenever Communications,LLC) Satellite Phone Information: Phone IMEI: 300214011100580 (Under Battery) SIM Card#: 8988169316000548268 (On SIM Card) Satellite Telephone#: 8816-3167-0018 (Issued at time of activation) SPS—Iridium Satellite Service Agreement 1/6/2010 Page 5 of 5 Initial . . • • • • • • • • • • ••SateltitePhoneStore:com IRIDIUM • CALL US 1-877-WHENEVER (943-6383) Fax entire agreement to: 877.971.2255 or 941.894.6682 Scan and e-mail to: fax@satellitephonestore.com Mail to: 1945 17th St., Sarasota, FL 34234 Phone:+1.941.955.1020 or 877.WHENEVER (943.6383) SECTION 1 - Customer Information ❑ Personal ❑ Private ❑ Business ❑ GSA O Government(Non-GSA) If federal tax exempt, please click here: ❑ (please send documentation with this agreement) Weld County Office of Emergency Management Company: First Name: ROY Last Name: Rudisill Primary Contact: Roy Rudisill Social security or Tax ID#: 84-60000813 (REQUIRED) DOB: State/Prov./Is.: CO Zip/Postal: 80631 Country: USA Phone (Day): 970-356-4015 x 3990 Phone (Evening): 970-381-0417 Fax: 970-304-6543 Mobile; 970-381-0417 E-mail: rrudisill@co.weid.co.us Billing E-mail: bglover@co.weld.co.us *This email is only used to send monthly statements, invoices or other notices regarding billing. Alternate Account Contact: First Name: Margie Last Name: Martinez Phone: 970-356-4015 x 2803 Email mmartinez@co.weld.co.us Relation: Supervisor Market Please select the market(s)that the terminal will be used in(required). O Humanitarian&Emergency ❑Transport O Insurance OSecurity O Non-Profit O Finance O Expeditions ❑Tourism O Energy OAgriculture O Educational O Mining O Media ❑Other SPS—Iridium Satellite Service Agreement 1/6/2010 Page 1 of 5 Initial a -7 ntn-IU�o • • • •U . • • • • • • • • SatellitePhoneStore:com • IRIDIUM • CALL US 1-877-WHENEVER(943-6383) SECTION 2- Iridium Service Plan Selection Monthly Service Plans: Included Amount Additional +1 Access Phone Quantity Monthly Service Plans (Monthly) Minutes Minutes Number Voice Mail (Monthly) O Safety $43.95 10 $1.49 O $8.95/Monthly O$4.95/Monthly O Bahamas Breeze $59.95 40 $1.49 Included 0$4.95/Monthly O Outer Boundaries Fisher $129.95 120 $1.39 Included Included O Outer Limits $249.95 240 $1.19 Included Included O Jet Setter $499.95 500 $0.99 Included Included O North American 20 $43.95 20 $1.29* O $8.95/Monthly Included O North American 50 $63.95 50 $1.29* ❑ $8.95/Monthly Included Annual Service Plans: Minutes Amount Additional +1 Access Phone Quantity Plan (Yearly) Included Minutes Number Voice Mail (Yearly) • O E-Basic $459.95 24 $1.99 O$107.40/Yearly O$19.95/Yearly O E-60 $509.95 60 $1.99 O$107.40/Yearly Included O E-120 $559.95 120 $1.99 O$107.40/Yearly Included O E-160 $619.95 160 $1.99 ❑$107.40/Yearly Included t O North American 240 $494.95 240 $1.29* ❑$107.40/Yearly Included *Iridium North American Service Plan details: Length of Service Agreement: All North American Iridium Service plans require a$50 (please select one) activation charge. [I One(1)year Iridium service agreement The North America "Home" coverage area consists of S Two(2)year Iridium service agreement the Continental US,Canada,Alaska,Puerto Rico and ❑ Three(3)year Iridium service agreement Caribbean plus 12 nautical miles into the coastal Monthly Iridium plans will continue on a monthly waters. It does not include Hawaii,Guam, Northern recurring basis after the agreement term is fulfilled. Mariana Islands and American Samoa.Calls outside the Yearly Iridium plans will continue to renew on a yearly specified "Home"coverage area will be billed at basis after the agreement term is fulfilled. $1.99/Minute. Rates and Details for all Iridium plans: • Outgoing SMS Text messages cost$0.51 per every 160 Character message. • Incoming SMS Text message are free. • All Incoming Calls via the +1 Access number will be billed a $1.49/Minute; bundled minutes will not apply towards +1 Access calls. • Inbound calls to the satellite phone using Iridium's two-stage dialing are charged at$1.60 per minute to the service agreement holder. • Direct incoming calls to the satellite phone are paid for by the person placing the call at their international calling rate; these calls are at no cost to the owner of the Iridium Service but are traditionally quite expensive for the caller. • All Iridium Satellite calls are billed in full minute increments (MINs). • Call forwarding and call barring are included with all plans. • Voice or Data calls placed to other satellite network providers will be billed at$9.99 per minute, including but not limited to: Inmarsat,Thuraya &Globalstar. SPS—Iridium Satellite Service Agreement 1/6/2010 Page 2 of 5 Initial es SatellitePhoneStore:com• • • IRIDIUM • CALL US 1-877-WHENEVER(943-6383) SECTION 3 - Credit Authorization Form A. BILLING (check one box) O I ELECT to receive ONLINE BILLING NOTIFICATION utilizing the e-mail account from page one. ] I DECLINE ONLINE BILLING NOTIFICATION and I understand that I will incur a $4.95 monthly fee for printed and mailed statement. B. PAYMENT (check one box) O DIRECT MONTHLY BILLING: Subject to Individual Credit Check. I] AUTO BILL PAY via MONTHLY AUTOMATIC CREDIT CARD PAYMENT , hereby authorize (Printed Name of Cardholder) Whenever Communications LLC. via this signed Authorization to charge my credit card for payment of airtime and (or)service/Service charges for Iridium Satellite telephone service and data equipment as outlined in the preceding Iridium Service Agreement. These are actual charges in addition to the deposit reserve detailed in Section 4. Exact Name on the Credit Card: Exact Credit Card Billing Address: City: State: Zip/Post Code: Country: Card Number: Security Code* (*Security Code can be found on the back of the card—3 digits M/C&Visa,4 for AMEX on Front.) Expiration: (MM/YY) IMPORTANT NOTE:All International Customers(without a United States Social Security number)are subject to a$500 deposit for each Iridium service plan purchased.SPS does not accept third party credit cards •foreign Cards: See item(e)of the terms and conditions or service. I acknowledge that I have read and understand all the terms and conditions included in all pages of this Agreement and I agree to be bound thereby,or if I am signing in a representative capacity,I agree that the entity for which I am signing will be bound thereby.If signing on behalf of an entity,I represent that I am a duly authorized representative of that entity(named above at"Customer Billing Information")and I have submitted this application in my official capacity as indicated below at"title".If I am representing a corporation,I acknowledge that the execution of this document has been authorized by all necessary corporate actions.I authorize SPS or its representatives to access and review the information and references identified in this application,and all other relevant information and materials for the purpose of identifying the financial status and creditworthiness of the applicant. �� Iv k.lJ-- Chair 07/12/2010 Customer gnature Title Date SPS—Iridium Satellite Service Agreement 1/6/2010 Page 3 of 5 Initial . Y • SlatetlitePhoneStore:com • IRIDIUM ` CALL US 1-877-WHENEVER (943-6383) Section 4 - Terms and Conditions (1)Availability Of Limited Service: Service is generally available to satellite terminals equipped for this service when within the satellite footprint. Service is furnished to Customer or Customer's authorized user.A telephone number may not appear in more than one terminal. Customer has no property right in such number.SPS reserves the right to assign,designate,or change such number,when, in its sole discretion,such action is reasonably necessary in the conduct of its business. (2)Satellite Phone Service: Customer has contracted to have Whenever Communications LLC. Dba: Satellitephonestore.com provides the service under the terms detailed on the front page of this Agreement at Section II. Iridium service is provided by Iridium Satellite LLC.Customer agrees to remain as a subscriber of the service for a period of one year from the date of service activation,and furthermore,agrees to pay any applicable activation, monthly service,service usage fees and any applicable taxes thereon.SPS reserves the right to change rates at anytime with a 30 day minimum notice. (3)Data Transmission Use&Dropped Calls: Due to the technical nature of data setups and the inherent sophistication of data transmission through a variety of operating systems,SPS makes no representation as to the success of data calls through the system.Customer agrees that all data call attempts regardless of ultimate successful transmission and termination will be paid for and no credits will be given in the event of dispute of this nature.Along with potential incorrect use(i.e.: next to a building/obstruction),the Iridium system(a low earth orbiting satellite constellation)has inherent flaws and anomalies that can create dropped calls of either voice or data nature. Dropped calls will not be credited.SPS can provide data setup technical Support beyond the normal provided setup instructions at an additional charge. Please consult with a sales representative for more details. (4)Early terminations:All early terminations are subject to a$250.00 cancellation fee.Notice of termination should be made intwriting to SatellitePhoneStore.com 1945 17th Street Sarasota, FL 34243 USA or to accounting(a)satellitephonestore.com ; No less than thirty(30)days prior to the expiration of any term of this Agreement.This Service Agreement cannot be assigned without the written consent of SPS. SPS reserves the right to terminate this Contract at any time during the contract period. (5)Invoicing and Guarantee of Payment of Services: SPS will invoice customer monthly.This bill is due and payable upon receipt. Monthly recurring charges are billed monthly in advance.Customer understands that they are responsible for all air time charges, including but not limited to direct airtime, long distance and roaming charges(if applicable),and charges for any Customer-elected,value-added services(when available). Payment must be made in U.S. Dollars. Customer requests for direct billing are subject to credit approval and may be subject to required deposits and/or direct payment by credit card or a guarantee authorized against a valid accepted credit card. (6)Taxes:The price of the service does not include sales, usage,excise,ad valorem, property or any other taxes now or hereafter imposed,directly or indirectly, by any governmental authority or agency with respect to the Service. Customer shall pay such taxes or fees directly or reimburse SPS for any such taxes. (7)Deposits: Mobile Satellite services are granted subject to credit approval by SPS.SPS requires the establishment of credit or the ability to pay invoices according to the established terms. Deposits may be required for Non-US citizens or customers who do not have established credit. Customers will be advised prior to service activation if a deposit is required. Deposits will be refunded at service or contract termination. (8)Foreign Credit Cards: Foreign credit cards will be accepted only after a complete verification has been done with the issuing bank.The issuing bank must contact the credit card holder and confirm the authorization for the charge to be approved.Verification of foreign credit cards may delay order processing for up to 72 hours.All deposits for terminals will still apply. SPS reserves the right to decline any credit card transaction. (9)Non-Payment/Breach:A late charge of 1.5%will be applied to the balance of any invoice outstanding for 30 days or more.This late charge is applicable to the unpaid balance as of the due date.Customer shall pay SPS all costs including,without limitation, reasonable attorney fees,the fees of any collection agency,and any other costs incurred by SPS in exercising any of its rights under the Agreement. Should Customers service be suspended for non-payment SPS will charge a decommissioning fee of$50.00 per mobile terminal for re-activation of the suspended SIM card. SPS—Iridium Satellite Service Agreement 1/6/2010 Page 4 of 5 Initial±2)_ Hello