HomeMy Public PortalAbout1992 Agreement between Dade County - VKBDATA ACCESS AGREEMENT
This agreement, dated 8/14 /92 , is made between Metropolitan Dade County, Florida (the
"owner") and The Village of Key Biscayne (the "customer") for the purpose
of providing the customer with remote access to certain data, as defined as part of this
agreement, which is accumulated and/or created by the owner in the normal course of coun-
ty business. As approved by the Board of County Commissioners, the County Manager can
execute this agreement.
I. PERIOD OF AGREEMENT
This agreement will remain in force until cancelled in writing by either party. This cancella-
tion notice must be received at least 15 days prior to the actual cancellation date. Amend-
ments relative to various aspects of the agreement may be required from time to time and
the customer will have the option of accepting amendment conditions or terminating the
agreement. All amendments will be written and will be transmitted to the customer in a
timely manner to provide ample time for review and acceptance before any amendment
takes effect.
II. DATA AVAILABLE
The owner will sake available data related to various county activities. The owner will ac-
cept reeu.:es:s for availability of data not then provided and will consider making such addi-
tiona: data available as resources and other considerations may dictate. However, the
owner does not z- arantee that such requests will be honored and makes no commitment as
to when re:aled da:a will be made available if the requests are honored. This agreement
spec:f:ca::., exc:::des providing information which is established as sensitive, reserved. or
other:, -:se res:n: ed by any currently valid law or statute at any level of government. The
data for access is shown in Attachment A of the agreement which may be
ar en�e::r ' --e :o time through addition or deletion of data availability.
III. RATES
The ra:e5 ::-.ar_ed for access to data covered by this agreement are specified in Attachment
B 77.:\ be amended from time to time as necessitated by economics or other condi-
tions. C.:s:,orner is guaranteed that no rate will increase more than 10% within any fiscal
yea: (0c:o:.:er I thru September 30).
The f`.:c. specific condi:ions apply:
A. There is a one-time Installation and Membership fee in the amount specified in Attach-
ment B. T:n:s fee provides: FEE WAIVED -MUNICIPALITY
Ner,k; rk :-d Data Base setup
B. There :s rno-"1. fee in the amount specified in Attachment B or S.03 a
m.nute wh:chever is greater. This fee provides:
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C. Customer equipment requirements
The customer is responsible for acquisition and installation of computer equipment com-
patible with system access requirements. The specific equipment recommended is listed on
Attachment C. If the equipment configuration installed is different than the listed con-
figuration, the owner will provide no assistance and will not reduce the startup fee.
V. SYSTEM AVAILABILITY
The owner will provide access to the system from 7:00 AM thru 7:00 PM, Monday thru
Friday, excluding legal holidays. 'The systems are available 24 hours a day, 7 days a week
but no technical support will be provided except from 8:00 am. thru 5:00 p.m., Monday thru
Friday, excluding holidays. The owner does not assume responsibility for system downtime
during the hours of availability except in cases of extended downtime which is defined as
any time period of twelve (12) contiguous hours or more during any two-day period. In the
event such downtime occurs, billing will be adjusted on a percentage basis using downtime
hours against all hours available during the billing period. The customer is hereby made
aware that the system may be unavailable while serious problems are corrected.
VI. GENERAL
A. This agreement is executed for access by one separate and individual terminal device.
Customer acknowledges that all fees are chargeable separately for additional devices. If the
customer elects to add or delete devices after initial execution of this agreement, a notice of
amendment will be executed between the owner and customer specifying the increase or
decrease in the number of devices served.
B. The customer hereby agrees that additional devices will be independently connected to
the system and that internal networking of devices is in direct violation of this agreement.
C. The owner assumes no responsibility for the absolute validity of the data available for ac-
cess the customer. The owner shall not be liable for any loss, cost, damage, or expense
arising directly or indirectly in connection with this Agreement or any Amendments or At-
tachments to it. In no event shall the owner be liable for any special or consequential
damages or for any indirect damages resulting from the customer's use or application of the
information extracted using the system.
D. The Public Access Dial -up Authorization Request (Attachment D) must be completed
and signed. Attachment D must accompany this agreement.
AUTHORIZED SIGNATURES:
Requestor's Signature:
Title: Ma or ilia of Ke Bi
Date: 8/14/92
Owner's Signamse: �'' (`2I Date: e/e/2
/..„ Joaquin G. Avino, P.E., P.L.S.
County Manager