HomeMy WebLinkAboutReso 2005-761
RESOLUTION NO. 2005 - =:ffiJ
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
AGREEMENTS BETWEEN ISN WIRELESS, NEXTEL
CORPORATION AND THE CITY OF SUNNY ISLES
BEACH TO PROVIDE CELLULAR AND DIRECT
CONNECT COMMUNICATIONS TO THE POLICE
DEPARTMENT, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THE
AGREEMENTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prompt and reliable communications between the Police Command Staff,
Investigators and the Patrol Supervisors and imperative in the everyday operations of the police
department; and
WHEREAS, the Nextel Corporation provides the largest local and national "Direct
Connect" (2-way radio) communications system on the market; and
WHEREAS, the Nextel Corporation in the cellular and direct connect provider to many
of our neighboring cities to include, A ventura, Golden Beach, North Miami Beach and Bal
Harbour thus making direct multi-agency communications faster and more reliable;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH AS FOLLOWS:
Section 1. Approval of Agreement. The agreements by and between ISN Wireless, the Nextel
Corporation and the City of Sunny Isles Beach for cellular and Direct Connect (2-way radio)
communications, attached hereto as Exhibit "A" be, and the same, are hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said agreements and to do all things necessary to effectuate the terms ofthe agreements.
Section 3.
Effective Date. This resolution will become effective upon adoption.
PASSED AND ADOPTED this 13th day of January 2005.
R200S- Nextel Purchase By Poice Dept.Doc
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APPROVED AS TO FORM AND
L S F IENCY
Vote: 5-0
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
R2005- Nextel Purchase By Poice Dept.Doc
Moved by: ~=I~~JI)€rZ.~Ct'l1ilAJ
Seconded by: w\. Of\)(L Lcc-SIItS
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V (Yes)
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V(Yes)
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Nextel Terms & Conditions
WHEREAS, Company owns and/or operates systems to provide wireless telecommunications (the "System(s)"), together with affiliated
companies as a nationwide network, in certain geographic areas throughout the United States, and provides access to such Systems (the
"Service(s)"); and
WHEREAS, Customer is familiar with the service capabilities of the Systems and desires to purchase phones, accessories and other
items ("Equipment") and to subscribe to Services on the System pursuant to the terms and conditions set forth herein,
NOW THEREFORE, in consideration of the sums and the mutual covenants and conditions hereinafter set forth, the Parties agree as
follows:
PURCHASE ORDERS - Orders for Services and Equipment ("Purchase Orders") shall be issued by an authorized representative
of Customer. If any subsidiaries or affiliates of Customer (in addition to the entity that is a party to this Agreement) are authorized
to purchase Services and Equipment hereunder, the additional entities shall be listed on the Entity Attachment attached hereto
and made part of this Agreement as Exhibit A. Customer represents and warrants that Customer is authorized to bind the
subsidiary(ies) and/or affiliate(s) set forth on the Entity Attachment. Customer agrees that the subsidiary(ies) and/or affiliate(s)
set forth on the Entity Attachment are bound by this Agreement. Purchase Orders shall be subject to Section 2 below and shall
describe the Services to be purchased; the identity of the Equipment being purchased; the quantity to be purchased; the delivery
destinations; the requested delivery dates and any other information required by this Agreement. Company shall accept all
Purchase Orders consistent with the terms and conditions of this Agreement that are submitted in accordance with this Section
1.
2 PURCHASE ORDER TERMS AND CONDITIONS - The terms and conditions of this Agreement relating to the purchase of
Services and Equipment shall be deemed incorporated into and made a part of each Purchase Order. Any terms and conditions
appearing in any Purchase Order or in any acknowledgment or acceptance of a Purchase Order that are inconsistent with, or in
addition to (except as such additional terms are required by law) the terms and conditions of this Agreement shall be void and of
no effect.
3 USE OF SERVICE; INDEMNITY - Customer will not use the Service for any unlawful purpose, Customer will not use the Service
in aircraft or motor vehicles in violation of any applicable laws, regulations or local ordinances, Customer agrees to indemnify,
defend, and hold Company harmless from any Customer violations of any statutes, regulations, ordinances or laws of any local,
state, or federal public authority.
4 TERM; TERMINATION
4,1 Term, The initial term of this Agreement (the "Initial Term") is as specified in Exhibit C, Volume Purchase Level. This
Agreement will automatically renew after expiration of the Initial Term in one (1) year increments ("Renewal Term(s)"), Either
party may terminate this Agreement during the Initial Term or any Renewal Term by providing thirty (30) days written notice to
the other party,
4,2 Termination by Company. If Customer materially defaults in the performance of any of its duties or obligations under this
Agreement, which default is not substantially cured within thirty (30) days after written notice is given to Customer specifying
such default (except in the case of failure to pay fees or Charges not disputed in good faith, which must be cured within ten (10)
days after receipt of written notice from Company) or, with respect to those defaults that cannot reasonably be cured within thirty
(30) days, should Customer fail to proceed within thirty (30) days to commence curing the default and thereafter to proceed with
reasonable diligence to substantially cure the default, Company may, by giving written notice thereof to Customer, terminate this
Agreement as of the date of receipt by Customer of such notice or as of a future date specified in such notice of termination,
4,3 Termination by Customer.
(a) For Customer's Convenience, Customer may terminate this Agreement during the Initial or any Renewal Term
with thirty (30) days advance written notice to Company. As further described in Exhibit C, subscriber level early
termination fees may apply, Upon Customer's written request, Company may, at its option, continue to provide
Services under these terms and conditions, provided that either party may terminate all continued Services by
providing thirty (30) days written notice to the other party.
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(b) For a Default by Company. If Company materially defaults in the performance of any of its duties or obligations
under this Agreement, which default is not substantially cured within thirty (30) days after written notice is given to
Company specifying such default or, with respect to those defaults that cannot reasonably be cured within thirty
(30) days, should Company fail to proceed within thirty (30) days to commence curing the default and thereafter to
proceed with reasonable diligence to substantially cure the default, Customer may, by giving written notice thereof
to Company, terminate this Agreement as of the date of receipt by Company of such notice or as of a future date
specified in such notice of termination.
4,4 Charges. If Services are terminated in accordance with this Agreement before the end of then current monthly billing cycle,
(i) no credit or refund will be provided for unused airtime; and (ii) any monthly recurring charge will not be prorated to the date of
termination.
CREDIT REVIEW - This Agreement and Company's acceptance of Purchase Orders shall be contingent upon Company's review
and approval of Customer's creditworthiness. Company may require Customer to update its credit information from time to time,
Customer warrants and represents that all information furnished in connection with Customer's creditworthiness is current,
complete, accurate, and true.
EQUIPMENT AND INST ALLA TION - If the sale is for cash only, title to the Equipment shall be transferred to the Customer upon
receipt by Company of a cashier's or certified check or other equally secure form of payment in the amount agreed to by the
Parties hereunder. If Equipment is purchased on credit, title to the Equipment shall be transferred to the Customer upon
Company's receipt of payment in full. Customer hereby (i) grants Company a security interest in the Equipment and any
proceeds thereof in the amount of the sales price, (ii) agrees that this Agreement shall constitute a security agreement under the
Uniform Commercial Code, and (iii), upon Company's request, agrees to execute a UCC-1 Financing Statement to be filed with
the appropriate Secretary of State, Company shall not be liable to Customer for delays in delivery or unavailability of Equipment
or any part thereof or for the cancellation of any orders of Equipment by the manufacturer. Customer, at its option, may have the
Equipment installed by Company at Company's standard rates or other rates specifically agreed to between the Parties hereto.
If Customer purchases the Equipment on a credit basis, installations, repairs, and removal of Equipment must be performed by a
party authorized by Company. Company shall not be liable for any damage to Customer's vehicle(s) or Equipment which may
result from installation of Equipment by any person who is not authorized by Company, If the sale of the Equipment is on a credit
basis and the Customer accepts delivery of the Equipment, the Customer may not return the Equipment or receive a refund or
any amounts paid, and agrees to continue making payments as required under this Agreement until the Equipment sale price is
paid in full.
CUSTOMER EQUIPMENT - Company is not responsible for the installation, operation, uali of transmission, or, except as may I
be specified elsewhere in this Agreement, maintenance of the Equipment Company reserves right to change or remove
assigned codes and/or numbers when such change is reasonably necessary in the conduct of its business, Customer does not
have any proprietary interest in such codes or numbers, If federal law requires portability of such codes or numbers, Company (
may charge Customer a fee for this service. Federal and state laws make it illegal for third parties to listen in on service;
however, complete privacy cannot be guaranteed.
8 NEXTEL ONLINE SERVICES - Nextel Online Services, consisting of certain applications such as email, data, information and
other wireless internet services (the "Applications") are part of the Services that can be obtained through Company, Certain
Applications offered by Company or authorized third parties may be compatible with the EqUipment and/or the Service offered by
Company, Customer acknowledges and agrees that there is no guarantee or assurance that the Applications are compatible, or
will continue to be compatible, with Company's System or any of its Equipment or Service offerings, Such compatibility or
approval from Company of compatibility shall not be construed as an endorsement of a particular Application or a commitment
on the part of Company that Application(s) will continue to be compatible with the System, Equipment or Service for any period of
time, Company reserves the right, in its sole discretion, to disable or discontinue any Application for any reason, Use of Nextel
Online Services requires a wireless internet compatible phone, and is subject to any storage, memory or other Equipment
limitation,
Only certain internet sites may be accessed, and certain Nextel Online Services may not be available in all Company Service
areas,
9 APPLICATION CUSTOMER CARE AND SUPPORT - Customer acknowledges and agrees that in most cases, the developer of
an Application is responsible for providing customer care and Application support to all Customers using the Application. In the
event Customer contacts Company customer care with a problem concerning the use of an Application, Customer may be
referred to the Application developer'S customer care, and Company shall have no obligation to support such Application.
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CONTENT; INTELLECTUAL PROPERTY RIGHTS - Company is not a publisher of third party content that Customer may from
time to time access through Nextel Online Services; therefore Company is not responsible for the content provided by such third
parties, including but not limited to statements, opinions, graphics, photos, music, services and other information ("Content"), and
accessed by Customer through Nextel Online Services. Company gives no guarantee or assurance as to the currency, accuracy,
completeness or utility of Content obtained through Nextel Online Services. Company, Content providers and others have
proprietary interests in certain Content. Customer shall not, nor permit others to, reproduce, broadcast, distribute, sell, publish,
commercially exploit or otherwise disseminate such Content in any manner without the prior written consent of Company,
Content providers, or others with proprietary interests in such Content, as applicable.
SERVICE INTERRUPTION - Company reserves the right to interrupt Services if Customer's account (i) appears to hav~
excessive charges; or (ii) shows any unusual calling patterns. Company will attempt to contact Customer before any sue
interruption. Such interruption may be done to protect Customer or Company as the Company determines il'l-~ul", ~n. '..L-, ...i.~
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RATE PLANS; OTHER CHARGES; PAYMENT - For all new Service activations, the rate plans for Service(s) set forth in Exhibit
B and the discounts in Exhibit C will be effective as of the Effective Date of the Agreement. For all existing Active Units activated
under prior agreement(s) between Company and Customer, which this Agreement supersedes, the rate plans in Exhibit Band
the discounts in Exhibit C will be effective no later than sixty (60) days after the first day of Company's next full billing cycle.
Customer acknowledges and agrees that (i) chargeable time for telephone calls originated by a unit begins when a connection is
established with Company facilities; (ii) chargeable time for telephone calls to a Customer's phone begin when Customer
responds to the call; and (iii) a new Nextel Direct Connect call is initiated by a call partiCipant if that participant responds more
than six (6) seconds after the other party finishes its Nextel Direct Connect transmission,
Company shall issue invoices for Equipment purchased by and Service(s) provided to Customer, with monthly access charges
invoiced in advance, and airtime and long distance charges invoiced in arrears. Customer is responsible to pay Company, within
thirty (30) calendar days from the date of Customer's receipt of Company's invoice, for Equipment or Service(s) provided by
Company to Customer, including interconnect fees, recoveries and other similar charges imposed on telecommunications
services, other services and Equipment, in the amounts as set forth on the invoice, For Customers with multiple account
numbers, Customer will identify with its payment the specific amounts being paid for each account number. If Customer in good
faith disputes any charges, Customer must pay the entire undisputed amount set forth in the invoice by the due date, and submit
a written explanation regarding the disputed charges within forty five (45) days from the date of Customer's receipt of the invoice,
If Company determines that an error was made on Customer's invoice, Company shall adjust Customer's account in the amount
of the error,
If Company determines the disputed charge to be proper, and if Customer does not then pay the amount in dispute, Company
may exercise any remedies it may have under this Agreement for non-payment of charges. Company reserves the right to
modify any and all elements of the charges at any time, except those rates and charges specified in Exhibit B for the Initial Term
and any Renewal Term. If the Parties have agreed that payments are to be made on credit, Customer shall be responsible for
paying amounts due as agreed to in this Agreement. If Customer does not make any payments, such failure shall be a default
under this Agreement and Company shall be entitled to exercise any remedies it may have under this Agreement or at law or in
equity.
13 NONPAYMENT/BREACH - Charges or fees not paid within two (2) billing cycles of the date of Company's invoice will accrue
late payment charges until paid at the rate of 1.5% per month (or, if less, the maximum rate permitted by law). The late payment
charge is applied to the total unpaid balance due and outstanding. The late payment charge is for costs related to the non-timely
payment and shall not be deemed an interest payment A charge of $25,00 will be made by Company for any check or
negotiable instrument tendered by Customer and returned unpaid by a financial institution for any reason. Company may
demand payment by money order, cashier's check, or similarly secure form of payment, at Company's discretion. If Company
obtains the services of a collection or repossession agency or an attorney to assist Company in remedying Customer's breach of
this Agreement, including but not limited to the nonpayment for charges hereunder, Customer shall be liable for this expense.
Customer understands that in the event of nonpayment of charges or any other breach of the terms and conditions of this
Agreement, in addition to any other remedies Company may have, Company may temporarily or permanently terminate Service
to Customer. If Service is terminated and not reactivated within thirty (30) days, all outstanding payments are accelerated and
immediately due in full. If Company temporarily or pennanently terminates the Service, Customer shall be liable to pay a
reactivation charge of up to $20,00 per unit, in addition to the outstanding Service charges before the Company will reactivate
Service, Company reserves the right to modify the terms of Service as a precondition to reactivating Service. If the Equipment is
purchased on credit, the Company may take possession of the Equipment, at any time wherever the same may be without legal
process and without being responsible for loss and damage,
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RISK OF LOSS - Upon Customer's acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the
Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall
impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of all amounts due
hereunder.
15
PROPERTY DAMAGE INSURANCE - If Customer selects Direct Protect insurance protection, Company will remit the monthly
charge for the insurance which appears on Customer's bill to The Signal Telecommunications Insurance Services ("Signal") on
Customer's behalf. Customer acknowledges that insurance protection is offered by the Signal, not Company, and that any
requests for information or claims regarding the insurance shall be directed to Signal. Customer acknowledges having received a
summary of coverage, including deductible information, which is also available by calling (888) 352- 9182.
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TAXES, FEES, SURCHARGES & ASSESSMENTS - Customer must pay all federal, state, and local taxes, fees, surcharges,
and other assessments (collectively, "Charges") that are imposed on transactions subject to this Agreement. Customer will be
responsible for such charges regardless of whether the Charge is: (a) imposed upon the sale of telecommunications services, 'k
other services, equipment, and/or other products; (b) measured by gross receipts from sales made by Company to Customer; (c)
imposed upon the Customer or upon the Company; (d) imposed as a per-line or per-unit Charge. Such Charges include, but are
not limited to: excise taxes; sales and transaction taxes; gross receipts taxes, utility taxes; universal service assessments;
telephone relay service (TRS) assessments; and other regulatory fees and assessments. Customer shall not be responsible for
taxes imposed on Company's net income. If Customer claims an exemption from any such Charge, Customer must provide
Company with valid and properly-executed documentation of such exemption before such exemption shall become effective.
Customer must provide Company with the Customer's Primary Place of Use of Company's Service, as defined by Customer's
residential street address or primary business address,
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COVERAGE AREA - Local dispatch (Direct Connect), cellular calling, Nextel Online Services and respective coverage areas for
these Services are subject to change at any time at the sole discretion of Company.
18
LIMITATION AND CONDITION OF LIABILITY - Company does not assume and shall have no liability under the Agreement for
(i) failure to deliver the Equipment within a specified time period; (ii) unavailability or delays in delivery of the Equipment; (Iii)
damage caused to the Equipment due directly or indirectly to causes beyond the control of Company, including, but not limited to
acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or
subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental
conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, unusually severe weather
conditions or default of Company's subcontractors due to any such causes; or (iv) the use of Nextel Online Services, including
but not limited to the accuracy or utility of any information acquired from the Internet through Nextel Online Services; or Internet
Services, Content or Applications whether or not supported by Company,
WITHOUT LIMITING THE FOREGOING, THE COMPANY'S SOLE LIABILITY FOR SERVICE DISRUPTION, WHETHER
CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE NOT
EXCEEDING AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE TO THE CUSTOMER FOR THE PERIOD OF
SERVICE DISRUPTION, EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT IS
COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED
BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES ARISING FROM OR RELATING TO SERVICE DISRUPTION,
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COMPLETE AGREEMENT / SEVERABILITY / WAIVER - Except as otherwise specified in this Agreement, this Agreement sets
forth all of the agreements between the Parties concerning the Service and the Purchase of Equipment, and there are no oral or
written agreements between them other than as set forth in this Agreement. No amendment or addition to this Agreement shall
be binding upon either Party unless it is in writing and signed by both Parties, Should any provision of this Agreement be illegal
or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be
affected thereby, The failure by either Party, at any time to require the performance by other of the provisions of this Agreement
shall not affect in any way the right to require such performances at any later time, No waiver by either Party of any breach of any
provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other
provision hereof.
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~SSIGNMENT/RESALE/GOVERNING LAW - This Agreement may be freely assigned by Company to any successor of it or any
other firm or entity capable of performing its obligations hereunder, whereupon Company shall be released from all obligations to
Customer. Customer may not assign this Agreement or resell the services that are subject to this Agreement without the prior
written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of
the successors and assigns of the Parties hereto. This Agreement shall be governed by the laws of the State in which this
Agreement is executed byeulllfJi:lIIY.
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NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS - (a) The Service provided hereunder
does not interact with 911 and other emergency services in the same manner as landline telephone service. Depending on
Customer's location and the circumstances and conditions of a particular call, the Service provided hereunder may not be able to
identify Customer's telephone number and/or location to emergency services, and Customer may not always be connected to the
appropriate emergency services provider. Company is deploying wireless Enhanced 911 ("E911") service to help public safety
authorities locate Customers and other users of the Service who make 911 calls. However, E911 is not available in all areas,
and even in those areas where it is implemented, inherent limitations in this advanced wireless technology prevent it from being
100% reliable. Accordingly, Company agrees to provide Customer with E911 service, where available, and Customer
acknowledges that E911 service is not available in all areas and is not completely reliable.
(b) Customer hereby consents to Company's disclosure of Customer information, including but not limited to Customer name,
address, telephone number, and location, to governmental and quasi-govemmental institutions such as emergency service
providers and law enforcement agencies, where Company deems it necessary to respond to an exigent circumstance.
NO WARRANTY (SERVICE) - COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO
CUSTOMER IN CONNECTION WITH ITS USE OF THE SERVICE. CUSTOMER ACKNOWLEDGES THAT SERVICE
DISRUPTIONS WILL OCCUR FROM TIME TO TIME AND, SUBJECT ONL Y TO SECTION 18, AGREES TO HOLD COMPANY
HARMLESS FOR ALL SUCH DISRUPTIONS.
NO WARRANTY (EQUIPMENT) - COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND,
STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER OF EQUIPMENT. COMPANY
DOES NOT MANUFACTURE ANY EQUIPMENT, WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY
MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THERE ARE NO WARRANTIES BEYOND THOSE CONTAINED IN ANY WARRANTIES CUSTOMER RECEIVES DIRECTLY
FROM THE EQUIPMENT MANUFACTURER; CUSTOMER HEREBY WAIVES ALL OTHER WARRANTIES, GUARANTEES,
CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL
COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OTHER INDIRECT DAMAGES OR ANY OTHER
LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT
SOLD OR LEASED HEREUNDER, WHETHER OR NOT OCCASIONED BY COMPANY NEGLIGENCE. IF THE EQUIPMENT
PROVES DEFECTIVE, UNLESS OTHERWISE AGREED BY COMPANY, ANY COSTS OF NECESSARY SERVICING AND
REPAIR WILL BE BORNE BY CUSTOMER.
CERTAIN TERMS AND CONDITIONS REGARDING NEXTEL BUSINESS NElWORKS - If Customer chooses to join a Nextel
Business Network (as defined below), Customer acknowledges that there is no Group Call (Le, the use of Nextel Direct Connect
between three or more users on the same fleet within a service area) available on the Nextel Business Networks (Nextel Direct
Connect fleets within a service area shared with other Nextel customers), In addition, here is no pooling of Nextel Direct Connect
minutes between companies on the Nextel Business Networks. It is possible that participants on the Nextel Business Network
could determine the private identification numbers of Customer's units and be able to Private Call those units. It is also possible
that users of Customer's units could determine the private identification numbers of other Nextel Business Network participants
and Private Call them,
PERSONAL LIABLE ACCOUNTS - Employees of Customer shall be eligible hereunder for the pricing for Equipment and rates
for Services, offered to Customer hereunder, upon establishing a "Personal Liable Account" with Company. Although this
Agreement makes such pricing available to Personal Liable Accounts, the provision of Services or Equipment by Company to
Employees of Customer under Personal Liable Accounts is not governed by this Agreement. Customer is not liable for any
charges for Services or Equipment under Personal Liable Accounts, Company may from time to time offer promotions or referral
incentives to Customer in exchange for Customer's assistance in marketing such programs; restrictions and length of promotions
will be as specified in Company promotional materials. Acceptance by Company of an employee's Personal Liable Account shall
be contingent upon such employee signing a copy of Company's standard Subscriber Agreement, then in effect, and Company's
approval of such employee's credit application.
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. Customer's employees must establish Personal Liable Accounts through Customer's employee designated to submit purchase
orders pursuant to this Agreement, or in such method mutually agreed to by the parties hereto to provide evidence of
employment with Customer satisfactory to Company, Customer's employees shall be billed directly and be responsible for
payment of all Service Charges. Employees must provide Company a home address for shipping and billing purposes;
employee's Customer office address will not be accepted. Customer understands that in the event of nonpayment of charges or
any other breach of the terms and conditions of this Agreement or the Subscriber Agreement, in addition to any other remedies
Company may have, Company may temporarily or permanently terminate Service to a Personal Liable Account. Upon the
termination of this Agreement for any reason, or upon notice of termination, for any reason, of such Employee's employment with
Customer, Company reserves the right to move any or all affected Personal Liable Accounts to a Company commercial rate
plan.
Company will aggregate the numbers of units activated and in good standing on the System under Personal Liable Accounts with
those units activated and in good standing under Customer and Customer Affiliates' accounts for the purposes of determining
Equipment and Service discounts pursuant to this Agreement.
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NOTICES - Written notices to Customer shall be considered given on the date deposited in the U,S, Mail addressed to
Customer as shown on the cover page of this Agreement. Written notice to Company shall be considered given when received
at Company's address as shown on the cover page of this Agreement. A copy of all written notices to Company shall also be
sent to: Director, Sales Contract Management, Nextel Communications, 2001 Edmund Halley Drive, Reston, VA 20191, Attn:
William Bruce Cox, Esq" Enterprise Operations, Notice addresses may be changed by giving notice as provided in this section.
27
NEXTEL ONLINE "GOLD" SERVICES - Nextel Online "Gold" Services are those Internet and data Services offered in
conjunction with a Service plan using the suffix "Gold"; e,g, PacketStream Gold or PowerApps Gold, Company may charge an
activation fee for each IP address for these Services, These Services may be used only with mobile clients for fnterneUintranet
access and Internet e-mail via a standard HTML browser. These Services may also be used with software for proxy applications,
for dispatch applications, for POP3 email access, and for other use specifically approved by Company, These Services may not
be substituted for a private line or frame relay connection, or be used for streaming data feeds. Company reserves the right to
deny service, without notice, to any Customer whose usage adversely impacts Company's network, Systems or other
subscribers' use of Services,
END OF GENERAL TERMS AND CONDITIONS
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Market Area:
Southeast FlorIda - SEF
Check if a New Customer: D
Check for Equipt for Business™:
D
IEQuIDment'PrtClilO(Ha:Qaset$:'!'u!:J.~~!altV!;~QltImUpieil:ti()t'i$.iI:.lltl'L!atalha:.rdware
Model Description RRP NPP 2 Year Additional Unit Service Unit Item Price Extended Item
Qty, Promo Promo Credit ,...,.. Price
20 171 A.' . Color. Mid Tier Fhp .', ;' . $239,99 . . $139.99 $89,99 \ $45,00 $0,00 $44,99 " $44;99 . . '. $899,80
. #NIA ..'..,.... ... h,' . "... ,.... #NIA '.',.#NIA INIA #NIA ',.... $0.00 . $0.00 .....,.. .,.. $0,00
. .. .,. '. h... ........,. '; ...... , .. ' , ..';..', $0,00 .'. ." $0.00 $0.00
,'.
. . '. ;, ',' ..;.... I" ." '...,.. , $0,00 .' .'. $0,00 $0,00
. ..., .. ...1 '.' I,' ". '.,. ....,..... , $0.00 $0,00 ..' $0.00
. ...... ;.. ,'" .'. .. .... ". .,. $0.00 '" $0.00 '.. . $0,00
. '.. ..' ...,.., , ". '. .' $0,00 .'. $0,00 $0.00
- . '... .. ,;." ..,'., .' $0.00 $0,00 $0,00
. '. , '. .,.,.... .' $0.00 ...; $0,00 $0,00
20 Total Equipment Subtotal $899,80
Shipping & Handling $0.00
Activation Fee $0,00
Invoice Credits $0,00
I . ISN WIRELESS REBATE $25,00 . $500,00
Equipment Total $399.80
ACCe$$O.,eSPrjClntt(Ba<<tel'fes~c:tjil:rllel'll.'~~iJ..andiBla~{<BeI"IiI;SolutIP11$." -..:<-'" ,;;;<;;"; il.V%
Qty, Part Number - Description RRP NPP Unit Invoice Unit Item Price Extended Item
Credit Price
20 NTN8978 Vehicle Power Charoer I. $29.99 $0,00 $000 $0,00 $29,99 $599 80
20 NtJTN<14' - i710 Holster . . $14,99 $0.00 $0,00 $14.99 ...., $299.80
----.
. #NIA . #NIA .... $0.00 . $0.00 $0.00
. .' $0,00 $0,00 $0.00
------. I. '. $0,00 $0.00 $0.00
---- ----~---- ---------------------.---- i. $0.00 $0,00 $0.00
I. $0.00 $0,00 $0,00
I. '. ", $0,00 $0.00 $0,00
'. $0,00 $0,00 $0.00
40 Total Accessories Subtotal $899.60
Invoice Credffs $0.00
I ISN WIRELESS DISCOUNT $899,60
Accessories Total $0.00
IService nc,"oCRatePJatlS; NQL;,Datil'.8ervlces., ~l,lslneSS ::10 Utlcihs,;etc; nthl '1"MiI1UteSPer!t'lani',' ," ;<;,', '..".
Qty. Service Name Cellular Direct Nights & Unit Service Gov, Untt Item Price Extended
Connect Weekends Credit Discount Monthly Price
20 .NalIl:!!!i!1 Free [ncomino 500 . 500 Unlimded Unlimited $0.00 $49,18 $49,18 $983,60
- . $0.00 $0.00 $0.00
. $0,00 $0,00 $0,00
i. '.. $0.00 $0,00 $0.00
I . , $0,00 $0.00 $0.00
. $0.00 .. $0.00 $0.00
. $0.00 $0,00 $0,00
. $0.00 $0.00 $0,00
. $0.00 $0,00 $0,00
Services Subtotal $983 60
Service Credits $0.00
Print This Pag~ I I I $000
Print AN Pages Services Total $983,60
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Estimated first full month of service plus equipment and other charges 1
$1.383401
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lSN
The rate plan that was discussed is FREE INCOMING
500, that includes 500 day time outgoing minutes (7 a.m.-9
p.m.), FREE INCOMING CALLS, Unlimited Nights and
Weekends, Unlimited Direct Connect (radio) in the state of
Florida.
Price Plan: $59.99 · 180/0 discount =
$49.19 + taxes = $50.32.
Taxes: Federal Universal Service Assessment - 1.20 0/0
Federal TRS Surcharge. .07%
County 911 Fee (0.50 each unit on a monthly basis is
charged).
This fee is technically the State E 911 fee
but since it is administered at the county level,
Nextel chooses to reference it as the County
911.
ISN Wireless will also provide with 50 free service call.
That will include fixing any phone that does not present
water damage, lost, stolen or damage beyond repair.
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