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HomeMy WebLinkAbout2011-261 Agrmt - Irrisoft TM irriso f t Tel 435-755-0400-Fax 435-755-041g5-wwww.i risoft net A CAMPBELL SCIENTIFIC COMPANY Weather Reach" Signal Sponsor Agreement Sponsor Account Name: City a7"4rLAcf- LOnJYrua-I/o Address: City: /•�.rh/ w State: QA-7 Zip: 97J'20 n Contact Name: P66. 7CJPQ,..1P Title: Wxw .re yun iu /fY,a�yf7F' 0 Telephone: $ y/_ (SZ_ 2 0 6 2 Fax VI- Email Address: f0ea. cer 42 LtS{l�a c/,or_ uJ Weather Station / Network Information Sponsor shall fund the Weather Reach Signal broadcast from the following weather station(s) Station Owner: C• , a7` �,f`j� cI Station Name(s): VIV01r O r Station Location(s): Permission for Irrisoft, Inc. to acquire the weather data shall be executed under a separate agreement. Contract Terms Start Date. ©/O End Date/ Renewal Date: Fee Information Weather Reach Signal Sponsor Fees: Number of Weather Stations / X $79.00 X 36 Months Additional services: + Billing Cycle Frequency: ❑ Monthly ® Quarterly ❑ Annually ❑ Term Total: Payment Information ❑ Credit Card -Type: Name on Card: ® Bill on Account Number: Expiration Date: Card Billing Address: - 1 of 5- F-2-14a ' Weather Reach Signal Services Agreement IT IS AGREED; I.TERM D. Provide a public signal provider code for use with the Receivers. The term of this agreement shall be for the given period and shall automatically renew thereafter for one.(1) year E. Add necessary information to the Signal Provider periods unless cancelled in writing by one party at least Library,available to the public. Information provided one-hundred-eighty (180) days prior to the end of the includes the signal provider code, as well as the Term. (the"Term"). weather regions included in the broadcast, contact information, and any specific instructions for signal II. Fees users. A. Sponsor agrees to pay to Irrisoft, without prior F. Acknowledge Sponsor by displaying the Sponsor demand therefore and without any deduction or Identification Information on: 1-Weather Reach setoff whatsoever,the total sum given in the fees Signal Provider Information sheet(Logo) 2- Display and payment portion of the contract in advance on on Rain Bird ESP-LX Modular Controller with ET the first day of each billing cycle during the Term of Manager Cartridge programmed to receive Weather this Agreement. In the event the Term commences Reach Signal and Sponsored Weather Region (per on a day other than the first day of the month, then provided screen text layout) 3- Irrisoft.website fees shall be paid for the initial fractional month (Logo and link to website)4-Periodic Press Releases. prorated on a per diem basis. G. Provide such other services as may be agreed upon B. In addition to the foregoing, Sponsor agrees to pay in writing between the parties. fees for optional services as outlined in the contract. IV.Optional Services C. Sponsor makes payment with no expectation that it will receive any return benefit other than described In addition to the foregoing, Irrisoft has agreed to acknowledgement. provide the services listed in the fees and payment information section of the contract and Sponsor has D. After the initial Term; upon ninety (90) days written agreed to pay the corresponding sum for each service. notice to the Sponsor, Irrisoft may change the fee structure. If the proposed fee structure is V.Obligations of Sponsor unacceptable to the Sponsor, Sponsor may terminate this Agreement upon one-hundred-eighty(180) days A. Sponsor must provide communication access to written notice to Irrisoft. Sponsor owned Stations. E. Late Payments. Time is of the essence for payment. B. Grant permission to access Stations owned by the Therefore, Sponsor agrees to pay Irrisoft interest for Sponsor. amounts unpaid twenty(20) days after the date of the invoice at the rate of 1,5% per month until paid. C. For Stations owned by the Sponsor, the Sponsor is Acceptance of late or partial payments (even if responsible for; maintenance, repair, replacement marked"Paid in Full")shall not waive any of Irrisoft's and monitoring of the Stations,or other related rights to collect the full amount Sponsor owes to devices, if any, and Irrisoft has no responsibility Irrisoft. For any check or electronic payment whatsoever for the same. returned for nonpayment or for any credit card charge-backs, Irrisoft will assess an additional fee of, D. The Sponsor is responsible to notify Irrisoft promptly $25.00, or the maximum amount as permitted by of any concerns, problems, possible errors or applicable law, whichever is less. malfunctions in any of the Stations owned by the Sponsor. III. Services Provided by Irrisoft. E. Sponsor shall notify Irrisoft in advance of any While this Agreement is in effect, Irrisoft will: proposed change in location of Stations, owned by the Sponsor. A. Provide data collection from Stations through a Weather Reach Server(the"Server") controlled and F. Sponsor shall notify Irrisoft in advance of any managed by Irrisoft and transmit the data to an maintenance, proposed change in or modification to unlimited number of Receivers; Stations owned by the Sponsor. B. Provide 24/7 data monitoring of Stations, and transmit data from the Stations to the Receivers; C. Through use of the commercial paging system,such VI.Services Not Provided By Irrisoft as USA Mobility; broadcast data from Stations to Receivers on an hourly or other time sequence as A. 'Irrisoft is not responsible for the accuracy of data required by station owner; being received or transmitted; 3of5— Weather Reach Signal Services Agreement XV.Indemnification If any federal,state or local government tax,fee, duty, or surcharge (collectively referred to as a"Tax") is Each party hereby agrees to defend, pay, indemnify and required by applicable law to be collected from Sponsor save free and harmless the other,from and against any by Irrisoft, then (a) Irrisoft shall bill Sponsor for such and all claims,demands,fines,suits,actions, Tax, (b) Sponsor shall timely remit such Tax to Irrisoft, proceedings,orders,decrees and judgments of any kind and (c) Irrisoft shall, where applicable, remit such or nature by or in favor of anyone whomsoever and from collected Tax to the appropriate taxing authority. If and against any and all costs and expenses, resulting Irrisoft does not collect a Tax because Sponsor has from or in connection with loss of life, bodily or personal provided Irrisoft with evidence of exemption, and if such injury or property damage arising,directly or indirectly, as an exemption is later determined to be inadequate, out of or from the Services provided herein, except to the then, as between Irrisoft and Sponsor, Sponsor shall be extent caused solely by gross negligence or intentional liable for such uncollected Tax and for all interest, . acts. penalties and additions to Tax which are determined to be due with respect to such uncollected Tax. XVI. Notices XIX.Arbitration All notices required or permitted to be given hereunder shall be in writing and shall be valid and sufficient if Any controversy or claim arising out of or relating to this dispatched by (a) registered or certified mail, postage Agreement shall be resolved by binding arbitration at the prepaid, in any Post Office in the United States; (b) hand request of either party. The American Arbitration delivery; (c)overnight courier; or(d)facsimile Association shall administer the arbitration,and transmission upon confirmation of receipt by the judgment on the award rendered by the arbitrator may recipient. be entered in an having. y court g jurisdiction. The exclusive location for the arbitration is in Logan, Cache County, If to Irrisoft: Utah. Both parties acknowledge that this Agreement is a Irrisoft Inc. transaction involving interstate commerce,and is P.O. Box 6266 therefore governed by.the Federal Arbitration Act. By North Logan, Utah 84341 agreeing to arbitration, both parties are waiving their right to litigate in court including any right to a jury trial. If to Sponsor, The parties agree that all claims shall be treated To address provided in the individually and there shall be no consolidation of claims Sponsor information or class actions. Section of this contract XVII.Severability XX.Governing Laws/ Choice of Law - - This Agreement will be governed under the laws of the Whenever possible, each provision of this Agreement State of Utah. shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this )OM Attorney Fees Agreement shall be held by a court of competent jurisdiction or by a duly appointed arbitrator to be invalid The parties agree that should either default in any of the or unenforceable under applicable law, such provision covenants or agreements contained herein,the defaulting shall be ineffective only to the extent of its invalidity or party shall pay all costs and expenses, including a unenforceability-, and the remainder of such provision and reasonable attorney's fee, which may arise or accrue the remaining provisions of this Agreement shall remain from enforcing this Agreement or In pursuing any remedy in full force and effect. provided hereunder or pursuant to law or equity. XVIII.Tax IRRISOFT INC. SPONSO By: q � BY: Title: Title: 1 sea Ale, Date: Date: 5of5— r r 1 s a f t Irrisoft, Inc.•PO Box 6266•North Logan, UT 84341-6266 Tel 435-755-0400"Fax 435-755-0415"www.irrisoft.net A CAMPBELL SCIENTIFIC COMPANY Weather Station Access Authorization Weather Station Owner Name: Mailing Address. ;2a A7arn V Contact: ,Po661' Pea Ye Phone Number: S-w-s-s-2- 2062 City E-mail: �Jea�ee�� arl�/a„o(, 0n us ' State 6W Zip 9;u—ac) Weather Station Information Name& Location (provided to the public) Confidential Information: (fill Longitude: - 722, 2/s v✓ Latitude: `>2. 21 V N Elevation: /,7.Yo J* Weather Station Communication e Phone modem ❑ Internet ❑ Dual Communication Kit ❑Other: Weather Station Model: Station Phone#: Preferred time of contact(minutes past the hour): Weather Reach Signal Provider Name: qf nsn'cG+ Mailing Address: P08 (o(a Contact: s�[Q 42 02Li LCbj� Phone Number: Ll��s 7 55 Dqu-) City: E-mail: Cry' (--p (@-),I r l�l.� - }fit State: (A Zip: The above referenced Weather Reach Signal Provider has contracted with Irrisoft, Inc. to communicate with the above referenced weather station. The weather station owner authorizes Irrisoft, Inc. to connect to the weather station to acquire logged weather data.Automatic data retrieval shall occur on an hourly basis, beginning no sooner than the designated preferred contact time. The retrieved weather data shall be broadcast, via wireless paging, as a Weather Reach Signal to compatible devices including the Rain Birde ET Manager. Irrisoft, Inc. and the weather station owner do not guarantee the accuracy of the weather data. Weather data is provided to end users to use at their own risk. End users are informed of the station location per the designated"Location Information"provided by the station owner. Irrisoft, Inc. is not responsible for station maintenance but will notify the station owner in the event of problems with the station. Weather data acquired from the weather station may be shared with others via the Internet or other means of disclosure. / SP42 Titl Date: �. F-22-12a �4` T R VVRDER Pagel /1 JW. C I T Y OF ASHLAND ,DATE P.O NUMBER i:!I. ,l 20 E MAIN ST. 10/7/2011 10489 ASHLAND, OR 97520 (541)488-5300 _ VENDOR: 015698 SHIP To: Ashland Conservation Dept. IRRISOFT, INC (541) 488-5306 PO BOX 6266 20 E. MAIN STREET NORTH LOGAN, LIT 84341 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: Contact: Robbin Pearce Special Inst: Confirming? No r,,Quanti ,F,,.,._:Unity t,I. Descri lion ..,,Unit Price',' :t Ext^P�Icet� -L 12.00 Mo Weather station signal broadcast for 79.00 948.00 reception coverage throughout Ashland city limits. 3-Year Subscription (2nd Year). $79.00/Month, Quarterly Payments SUBTOTAL 948.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 948.00 ASHLAND, OR 97520 .« "Aceounb;Numbe� i,4 ,:`..�':P'rSic Numtier ., AmounnC 'Accounf�NumGer Projec4Number �; Amount E 670.11.06.00.610120 948.00 Authorized Signature VENDOR COPY FORM #3 CITY OF A rpquest fora Purchase Order ASHLAND REQUISITION Date of request: tl Required date for delivery: Vendor Name z2R S b E✓T Address,City,State,Zip {)o 1301( ('z"1. Contact Name&Telephone Number U0014 �� cu qK341 t�zl�b Fax Number 4? 6-435 -I95-QLfm (. w CFas� Iss-byls SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ Written Form attached) ❑ Invitation to Bid (Copies on file) ❑ Wdtten findings attached e or Pro o a d Date approved b Council: ❑ Quote or Proposal attached 19 Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) El State of Oregon ote:Total contract Anjou ncluding any Date approved by Council: Contract# amen men s may not exceed$6,000 ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100.000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached Contract# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5.000 to$75,000 ❑ Wdtten Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract It ❑ (3)Written proposals attached Date approved by Council: Date approved by Council: Description of SERVICES Total Cost ll) T+cxZ StPrnON SXgNat- '&OPK�cPSY- C& ra:c n�w� CWcvY,t - 1?xYOUgho�.t- A'S(+r-o� Coll LtmrTS, Syr S,.h50L(SN , l(-M1&(J 3 Cl C70 MAO $ Z Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached QUOTE O e J STOTAL COST; (,'lo (1 O 00 � Ibl�O Project Number______-___ Account Number o(,___-__- ______ Account Number___-__-_ Account Number------------------- Account Number___-__-_ 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. By signing this requisition form,l certify,that the information provided above meets the City's public contracting requirements,and the documentation can be provided upon request. �� / Employee Signature:�Y„A C fJ Department Head Signature: Additional signatures(if applicable): Funds appropriated for current fiscal year: / NO Finance Director Date Comments: