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Weather Wire CSC Agreement
Revised 06/25/2001

1. GENERAL
1.1 CSC will furnish to Customer the equipment to receive the NOAA Weather Wire Service, maintenance and support during the term of this agreement.

1.2 Customer shall not redistribute, for financial gain, the Service or any parts thereof, to any person or entity for any purpose or by any means whatsoever, without DynCorp's written authorization. Any such distribution shall be considered a resale and subject to the CSC Reseller Agreement.

1.3 To receive the Service, Customer must provide or purchase from CSC appropriate equipment (the “Equipment”), which CSC will install and maintain on Customer's premises, and such other locations as Customer may designate. At Customer's option, the purchased Equipment may be purchased from CSC, in which event Customer is responsible for all Equipment maintenance, including demand service rates established by CSC, unless Customer elects to pay CSC an annual maintenance fee (see section 2.1 for Price Lists).

2. CHARGES
2.1 Customer will pay CSC the charges set forth in the appropriate price list below.

Option 1: C-Band Service
q Purchase Price List
Option 2: Ku-Band Service
q Purchase Price List

2.2 CSC’s charges for the Service and Maintenance will remain fixed during the initial term of this Agreement. During any extended or renewal term, the charges will be based on the prices in effect at the inception of the extended or renewal term.

2.3 All federal, state, and local sales, use, excise, ad valorem, personal property, and other taxes and fees of any nature relating to the Service and the Equipment as provided to Customer, whether imposed on Customer or on CSC, shall be paid directly by or reimbursed to CSC by Customer. If customer is exempt from any of the taxes listed above, a valid tax exemption certificate must be supplied at the time of contract signing.

2.4 If, prior to expiration of the term (as delineated in section 6.1 of this Agreement), Customer requests termination of service or refuses to continue receiving the Service, Customer shall nevertheless remain fully bound by the terms and conditions of, and shall pay all fees required by, this Agreement.

3. BILLING & PAYMENT
3.1 Price Lists for Options 1 and 2. All recurring fees shall be invoiced annually to Customer. Such fees shall be payable by Customer in advance on the first day of each year during which the Service is to be provided.

3.2 Purchase Orders are to be aligned with the beginning of the month in which service becomes available and supply funding in 12-month increments.

3.3 Equipment installation fees are fully payable by Customer on receipt of the CSC installation invoice. Customers choosing self-installation of Equipment shall pay the fees commencing 30 days after either the effective date of this agreement as provided in 6.1 or the date on which NOAA Weather Wire Service (NWS) becomes available in Customer’s local area, whichever is later, regardless of the actual date of installation.

Customers choosing self-installation shall pay for installation-related service calls at demand service rates established by CSC. This includes customers who have chosen 24x/7 maintenance. Applicable down payments shall be paid in full prior to installation of the equipment.

3.4 Interest at a rate not exceeding one and one-half percent a month or a minimum monthly finance fee of $10, whichever is greater, will be charged on any account overdue more than 15 days.

3.5 In addition to applicable interest charges for delinquent payment, Customer is obligated to pay all collection agency and legal fees.

4. CUSTOMER RESPONSIBILITY FOR HANDLING OF NATIONAL WEATHER SERVICE INFORMATION TRANSMITTED BY DynCorp
4.1 If Customer furnishes severe weather information and/or forecasts to the general public, Customer will ensure that all severe weather and flood bulletins, statements, advisories, watches, or warnings that originate with the National Weather Service (NWS) and which are transmitted by CSC to Customer shall:

(a) be attributed to the NWS;

(b) not be modified except for physical format;

(c) be issued verbatim and always as soon as possible after receipt when issued to the general public; and

(d) not be disseminated after expiration time.

4.2 If Customer also originates its own severe weather information and/or forecasts, Customer will ensure that such information is clearly differentiated from NWS-originated watches and warnings and is attributed to Customer, avoiding use of the terms "watch" and "warning" in presenting such information.

4.3 For media or other release to the general public of the NWS weather information transmitted by CSC to Customer (including reports, warnings, analyses, and forecasts or information derived from them), Customer also will ensure that:

(a) nothing in announcements associated with such releases shall indicate or imply that the Government endorses any commercial product advertised; and

(b) full credit shall be given for the source of the information and care will be taken to avoid any implication that interpretations by others of such information are those of the NWS or CSC.

5. CUSTOMER RESPONSIBILITY FOR CSC EQUIPMENT
5.1 Customer, at its own expense, will:

(a) obtain authorization and any permits needed to allow (i) installation of the Equipment (including cable access and power supply), and (ii) access by CSC and its authorized representatives to the Equipment for the purpose of maintaining and repairing it and otherwise to permit CSC to exercise its rights under this Agreement.

(b) prepare and maintain the locations at which the Equipment will be installed in accordance with such written specifications as CSC may supply; and

(c) provide the power source (110Vac 60Hz with a standard and proper receptacle containing a ground lead) to operate the controller unit and any other components with separate power requirements.

5.2 Customer will not allow any person, other than its own employees, CSC and its representatives, to use or have access to the Equipment. CSC shall have reasonable access to the equipment to perform maintenance or repair service to ensure proper reception of the data (including relocation of the antenna, at Customer's expense, to obtain necessary shielding against interference or to obtain an unobstructed satellite look angle).

6. TERM; TERMINATION
6.1 This Agreement shall take effect on the date the NWWS data becomes available at the Customer's premises (the "Effective Date"), and shall remain in effect for one year from the effective date.

This Agreement shall automatically be renewed for successive one-year terms at the then-current price, unless either party gives the other at least 90 days’ written notice prior to the Effective Date (Anniversary) of its intention to terminate the Agreement at the end of the original term or any renewal term.

6.2 If any invoice is not paid within 30 days after the invoice date or if Customer shall otherwise breach any provision of this Agreement, CSC (without waiving any other remedy or right at law or in equity), may immediately terminate this Agreement at its sole option and discretion at any time by giving written notice to Customer. Customer shall remain liable for all outstanding balances and associated collection and legal fees.

6.3 If this Agreement is terminated for any reason, the provisions of Section 7 shall remain in effect with respect to any damage or injury arising out of or incurred in connection with performance of this Agreement prior to such termination. If Customer is able to remedy the cause for termination, within 10 calendar days, to CSC's satisfaction, a one-time reconnect fee of $300.00 per occurrence per site will be charged to reinitiate the service at the affected Customer site(s).

7. CSC RESPONSIBILITY AND LIABILITY; INDEMNIFICATION
7.1 CSC will use its best efforts to make the Service available for Customer's use on a regular and continuous basis. CSC MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE AND THE EQUIPMENT ARE HEREBY DISCLAIMED BY CSC, WAIVED BY CUSTOMER AND EXCLUDED FROM THIS AGREEMENT.

7.2 CSC shall not be liable in any event to Customer or any other person for any damages, including incidental or consequential damages (such as loss of profit or loss of use) of any nature whatsoever, arising out of or in connection with (a) Customer's use of the Service, (b) delivery, use, repair or performance of the Equipment or (c) any delays in making the Service available for Customer's use, continuation of the service, or delays in transmission, lateness, non-availability or inaccuracy of data as furnished by the NWS and transmitted by CSC.

7.3 Weather information provided by CSC originates with the NWS and CSC does not in any way assume any liability for continuation of the NWS service, its content timeliness, fitness, or suitability for use by Customer or any other person.

8. COMPLIANCE WITH LAW
The parties will comply with all applicable federal, state, and local laws in connection with this Agreement.

9. ENTIRE AGREEMENT; MODIFICATION
This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements or understandings. No amendment or waiver of this Agreement shall be binding unless in writing, identified as such, and signed by the party against whom any such amendment or waiver is sought to be enforced.

10. ASSIGNMENT
Customer shall not assign this Agreement without the prior written consent of CSC.

11. APPLICABLE LAW
This Agreement shall be governed by the laws of the Commonwealth of Virginia.

12. DATE
The Date of this Agreement is ____________________.