(1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between
<br />Hughes Network Systems, Inc. ("HNS"), and the Department, (a copy of which is available
<br />from the Department) regarding the procurement and use of the Equipment; and (2) the
<br />Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated
<br />January 1995, (a copy of which is available from the Department) (hereinafter, collectively,
<br />"the HNS Agreements") regarding the operation of an interactive satellite communications
<br />service for the Department, the County and other sites. In particular, the County agrees:
<br />A. That any reports of problems with the Equipment or system, trouble reports, and any
<br />requests for repairs, service, maintenance or the like, shall be communicated directly
<br />and exclusively to the Department's State Warning Point (SWP) (850) 413-9910.
<br />E. That the County will assist and comply with the instructions of the SWP and any
<br />technical service representative responding to the report or service request. County
<br />personnel shall cooperate with and assist service representatives, as required, for
<br />installation, troubleshooting and fault isolation, with adequate staff.
<br />C. That the County shall not change, modify, deinstall, relocate, remove or alter the
<br />Equipment, accessories, attachments and related items without the express written
<br />approval of the Department.
<br />D. That the County shall provide access, subject to reasonable security restrictions, to
<br />the Equipment and related areas and locations of the County's facilities and
<br />premises, and will arrange permitted access to areas of third -party facilities and
<br />premises for the purpose of inspecting the Equipment and performing work related
<br />to the Equipment. Service representatives and others performing said work shall
<br />comply with the County's reasonable rules and regulations for access, provided the
<br />Department is promptly furnished with a copy after execution of this -Agreement.
<br />The County shall provide safe access to the Equipment and will maintain the
<br />environment where the Equipment is located in a safe and secure condition. The
<br />County shall provide service representatives with access to electrical power, water
<br />and other utilities, as well as telephone access to the County facility as required for
<br />efficient service.
<br />E. That the County shall take reasonable steps to secure the Equipment and to protect
<br />the Equipment from damage, theft, loss and other hazards. This shall not obligate
<br />the County to procure insurance. The Department agrees to procure and maintain all
<br />risks insurance coverage on the Equipment. The County agrees to refrain from using
<br />or dealing with the Equipment in any manner which is inconsistent with the FINS
<br />Agreements, any policy of insurance referred to in the HNS Agreements, and any
<br />applicable laws, codes ordinances or regulations. The County shall not allow the
<br />Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal
<br />wear and tear resulting from its intended use. The County shall immediately report
<br />any damage, loss_ trouble, service interruption, accident or other problem related to
<br />the Equipment to the SWP, and shall comply with reasonable instructions issued
<br />thereafter.
<br />I . That any software supplied in connection with the use or installation of the
<br />equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or
<br />HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said
<br />
|