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Item C02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18. 2001 Division: Public Safety Bulk Item: Yes ~ No Department: Emergency Communications AGENDA ITEM WORDING: Approval of an Enhanced 9-1-1 (E911) Service Agreement Form from V oiceStream Wireless for compliance with the Federal Communications Commission (FCC) requirements for E911 Wireless Phase I implementation in Florida ITEM BACKGROUND: The Florida 911 Coordinators and Wireless Board agreed on this standardized form for all wireless carriers in E911 Phase I implementation. Phase I has been mandated by the Federal Communications Commission and allows the 911 center to receive the telephone number of the wireless customer that is dialing 911. PREVIOUS REVELANT BOCC ACTION: None. This is a new agreement. CONTRACT/AGREEMENT CHANGES: None. This is a new agreement. STAFF RECOMMENDATIONS: Approval TOTAL COST: $0.00 COST TO COUNTY: $0.00 BUDGETED: Yes No X REVENUE PRODUCING: Yes NoX AMOUNTPERMONTH_ Year APPROVED BY: County Atty Yes OMB/Purchasing Yes Risk Management Yes_ DEPARTMENT DIRECTOR APPROVAL: DIVISION DIRECTOR APPROVAL: James R. "Reggie" Paros DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # 1wU.. Revised 2/27/01 MRR-29-2001 14:53 EMERGENCY COMM. DEPT. 305 289 6078 P.01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I I I CONTRACTS~RY Contract with: V oiceStream. Wireless Contract # Effective Date: Expiration Date: /18/01 , ~/18/02 Contract purposelDescription: Service Agreement Form for compliance with E911 Phase J irrVplementation in Flori Contract Manager: G. Nann Leggett (N arne) 6035 (Ext. ) Emergency Communic tion # 16 (Department/Stop ) for BOCC meeting on 4/18/01 Agenda Deadline: ~/4/01 , CONTRACT COSTS Total Dollar Value of Contract: $ $0.00 Budgeted? YesD No ~ Account Codes:' Grant: $ $0.00 County Match: $ $0.00 Current Yeat Portion: $ ------- -. - -;.....-- -- ~ ~ - - -------' --!- --- ADDITIONAL COSTS Estimated Ongoing Costs: $O.OO/yr For: (Not included in dollar value above) (eg. maintenance, utilities, jnnitorial, salaries. et .) ~-r---- CONTRACT REVIEW OMB Fonn Revised 2fl7fOl MCP #12 TOTRL P.01 jl"~~I"~'''t~ti '::'<\~l'~" :}~~ .... rf)iri~. ;1m.'."'.'~.:~~.:.'":.;H. .' yc..~~~'!'1 U I s~: ,,~ ',- ~..' March 14,2001 Kathy Bruening Monroe County Emergency Communications 10600 Aviation Blvd. Marathon, FL 33043 RE: Implementation of Phase 1 Dear Ms. Bruening: Please find enclosed four copies of the Phase 1 Wireless E9-1-1 Service Agreement between VoiceStream and your agency for your review and execution. Please return the executed original to me at: Jim Nixon VoiceStream Wireless 12920 SE 38th Street Bellevue, W A 98006 Once the service agreement is in place, we can begin implementation. Thank you for your continued cooperation on this important public safety enhancement. Please contact me if you have any further questions regarding the Phase 1 service provided by VoiceStream Wireless. Sincerely, ~~{~ Ja e A. Nixon Sen Manager of Regulatory Affairs Enclosure 12920 SE 38th Street Bellevue, WA 98006 E911 PHASE I - SERVICE ORDER FORM ~?l!!!!iJl~ . Name: VoiceStream Wireless Address: 12920 SE 38th Street City: Bellevue State: W A CARRIER CONTACT (24x7x365) Name: Law Enforcement Relations Group Zip: 98006 Phone Number: (973) 872-5711 Fax Number: (973) 872-5729 CARRIER NOTIFICATION: Anticipated Deployment Date: Name: Address: Jim Nixon 12920 SE 38th Street City I ST I ZIP: Bellevue, W A 98006 Name: Monroe County Address: 10600 Aviation Blvd. City: Marathon State: FL CUSTOMER CONTACT (24x7x365) Name: G. Nonn Leggett Zip: 33050 Phone Number: '3>05- 'lL( 3, 'l5'lD Fax Number: 30 5 - d, W- C1-l; () Ie;?" CUSTOMER NOTIFICATION: Name: Cr. t--\o.(fY\ Lt&~oH- Address: \buOu {\-V\ ~ t\V\ ~\\J L City I ST I ZIP: ffio...x ~ISY\ \ (.:. L- 330 51J PSAP Service Jurisdictions: M t)f\ v~ (' h J.. V\*j CUSTOMER By: Nametritle: Date: CARRIEJ3, ~~dA By: ~ Name!Title: David A. Miller, Vice President - Legal Affairs Date: Service Description: Pursuant to this Service Order ("Order"), Carrier shall provide E911 Phase I Service ("Service"), in compliance with Phase I of the Federal Communications Commission ("FCC") Order in Docket 94-102, as amended and the laws of the State of Florida, but only in such portions ofPSAP Service Jurisdictions that Carrier operates its wireless service. A copy of functional specifications of such Service is attached hereto as Exhibit A, along with plans for the testing and implementation process as agreed to by Carrier and PSAP ("Implementation Plan"). Confidential Information: The confidentiality of any information provided by Carrier to PSAP shall be governed by the Florida Public Records Act, chapter 119, Florida Statutes. The parties acknowledge that Florida law protects trade secrets from disclosure pursuant to Fla. Stat. ~~ 365.174 and 812.081. Term: This Order is effective on the date ofPSAP's signature, ("Effective Date") and shall remain effective for one (I) year ("Initial Term"). This Order shall automatically renew for successive one (1) year terms ("Subsequent Term") unless written notice of termination is given to the other party not less than ninety (90) days prior to the expiration of each Subsequent Term. Limitation of Liability: The parties acknowledge their respective immunities from liability are or may be granted by Federal and state laws, as amended from time to time. Each party will honor the other party's immunity to the full extent required by law. DelaylForce Majeure: Carrier shall perform services pursuant to Federal law, state law, and the Implementation Plan, but, to the extent allowed by Federal or state law, Carrier shall not be liable for any delays resulting from acts of third parties and acts of God. A~PR~ciED AS T FORM NC'Y. Florida Wireless 9-(.1 Board Model Contract 5/5/00 The parties further acknowledge that successful and timely provision of Service is contingent upon the timely performance of actions by and cooperation of many third parties, including, but not limited to, actions that must be completed by the 9-1-1 Provider/LEC, PSAP, and the Host ALI Provider. Federal law establishes the deadline for implementation of Service. Nothing herein shall be construed to extend the deadline as established by governing Federal and state law, if applicable. No Third-Party Beneficiary Relationship or Liability Created: Carrier offers Service to PSAP solely as an aid in PSAP's provision ofE911 Service. Carrier's provision of Service to PSAP does not create any relationship or obligation, direct or indirect, to any person or entity other than PSAP. DISCLAIMER OF WARRANTIES (OPTIONAL:EXCEPT MANUFACTURERS' WARRANTIES): THE PARTIES ACKNOWLEDGE THAT THIS ORDER IS A CONTRACT FOR THE PROVISION OF SERVICES (OPTIONAL: AND THAT ANY GOODS PROVIDED HEREUNDER ARE ANCILLARY TO THE PROVISION OF THE REQUESTED SERVICES). (OPTIONAL:WITH THE SOLE EXCEPTION OF ANY EXPRESS WRITIEN MANUFACTURER'S WARRANTY, WHICH MAY BE APPLICABLE TO PARTICULAR GOODS, ALL GOODS ARE PROVIDED "AS IS".) THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO ANY (OPTIONAL: GOODS OR) SERVICES PROVIDED HEREUNDER. CARRIER AND ITS SUBCONTRACTORS EXPRESSLY EXCLUDE AND DISCLAIM ANY AND ALL WARRANTIES, GUARANTEES OR REPRESENT A nONS WHATSOEVER, EXPRESS OR IMPLIED, ORAL, WRITTEN OR OTHERWISE RELATED TO ANY EQUIPMENT, FACILITIES, FEATURES, REPAIR, MAINTENANCE AND TO ANY AND ALL GOODS AND SERVICES PROVIDED OR TO BE PROVIDED TO PSAP BY CARRIER OR ITS SUBCONTRACTORS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Independent Contractor: Carrier's relationship with PSAP under this Order is that of an independent contractor. Assignment: The parties to this Order may not assign any of their rights nor delegate any of their obligations under this Order without the prior written consent of the other party (which consent shall not be unreasonably withheld), except that Carrier may assign its rights or delegate its duties under this Order to any of its affiliates, to the surviving entity in a merger or consolidation or to a purchaser of substantially all of the assets of the business to which this Order relates without PSAP 's written consent. All the tenns and provisions of this Order will be binding upon and inure to the benefit of and be enforceable by the parties and their respective permitted successors and assigns. AmendmentIModification: Any provision of this Order may be amended upon mutual agreement of the parties, executed in writing, and the observance of any provision may be waived only in writing signed by a duly authorized representative of the parties. In addition, the Parties may also modify this Order upon thirty (30) days written notice if there is a change in an applicable law or if Carrier should sell or otherwise dispose of all or part of its wireless communications service license for the provision of wireless communication service in any portion of the PSAP Service Jurisdictions. Upon such event, this Order may be modified only as appropriate to reflect such disposition. This shall include removal of the relevant area from this Order. Governing Law: The laws of the State in which the Service is provided govern this Order except as otherwise provided for herein, except for matters within the exclusive jurisdiction of the FCC. Entire Agreement: This Order, together with the Service Acceptance Form, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the provision of E911 Phase I Service. Responsibilities of Carrier: Carrier shall implement Service pursuant to Federal law, state law, and the Implementation Plan, attached hereto as Exhibit "N', as agreed to by the parties. Nothing in Exhibit "A" herein shall be construed to extend the deadline as established by governing Federal and state law, if applicable. In addition, Carrier shall not initiate Service without written acknowledgment from PSAP of completion of testing and acceptance of Service, including but not limited to date and time of Service activation. Carrier shall reasonably cooperate with PSAP and all necessary third-parties in all aspects of implementing, scheduling, testing, verifying and operating Service, including notifying any and all parties of any network changes or changes in data to be delivered to premise equipment. Responsibilities of PSAP: PSAP shall: · have sole responsibility to answer, respond to, transfer, terminate or otherwise handle E911 telephone calls, to dispatch or arrange to dispatch emergency services; · furnish Carrier, at PSAP's reasonable expense, all technical matter, data and information as reasonably necessary under this Order; · provide reasonable access to PSAP's premises, as needed by Carrier or its subcontractors; Florida Wireless 9-1-1 Board Model Contract 5/5/00 · provide written acknowledgment of completion of testing and acceptance of Service to Carrier, including but not limited to date and time of activation of Service, prior to commercial use; · reasonably cooperate with Carrier and all necessary third-parties in all aspects of implementing, scheduling, testing, verifying and operating Service, including notifying any and all parties of any PSAP jurisdiction area changes or changes in data to be delivered to premise equipment. Acknowledgements: The parties acknowledge that: · These tenns and conditions are for the parties' mutual benefit and should encourage the efficient and cooperative deployment of the Service · Carrier's reasonable costs for Service shall be paid pursuant to Florida Statutes Sections 365.172 and 365.173. The parties acknowledge that PSAP shall not be responsible for payment of Carrier costs, pursuant to governing law. Florida Wireless 9-1.1 Board Model Contract 5/5/00 MAR-29-2001 09:04 EMERGENCY COMM. DEPT. 305 289 6078 P.01 EXHIBIT A CONFIDENTIAL AND PROPRIETARY INFORMATION - VoiceStream Phase Ilmplementlltioll Plan for Monroe County, Florida February 21, 200 I V oiceStream will implement Phase I wireless E9-1- J service in Monroe County, Florida, according to the plan outlined below. Because VoiceStream recently completed mergers ith Omnipoint, this plan applies to aU Ornnipoint service in the County. A. VoiceStream intends to use the Bel1South hybrid Phase I solution. B. The BellSouth hybrid solution wireless E9-1-1 solutjon allows us to deliver Phase 1 d t.'l to the selective muter via an SS7 trunk (digital trunk) using FGD signaling (one o.fthe dard sib>naling fonnats). BellSouth then splits this data into an NCAS (voice and data trav 1 separ-.ate paths to the PSAP) format for delivery to the PSAP. This solution will be d. loyed in Monroe County. C. This section left blank per Florida Wireless Board rules. It will contain cost informati n for review by the Board but review of this information is not the responsibility of the indi idual counties. D. This section left blank per Florida Wireless Board rules. It. will contain cost infonnati n for review by the Board but review ofthis intonnation is not the responsibility of the indi idual counties. E. This section left blank p~r Florida Wireless Board rules. It will contain cost informati)n for review by the Board but review of this infom1ation is not the responsibility of thlo: indi idual counties. The V oicreStream point of contact for this plan is James A. N ix.on, Sen ior Manager of Reg latory Affairs, 12920 SE 38tll Street, Bellevue, WA 98006, 452-378-4417. Pricing infonnation i not included on this copy of the plan TAW Florida Wireless 911 Board mles. Monroe County Endorsement Date: Signarure below indicates that Monroe County agrees with the technical aspects orthis deployment plan. The review by Monn.le County did not include cost data. Review and proval of cost data is the responsibility of the Florida Wireless 911 Buard. By, George Ne~gtnt Mayor, Monroe County Page 1 of I I I I I TOTAL P. 01