Letter of Intent 02/10/1999;Dannp 1L. IftoCbage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040
FAX (305) 289-1745 TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
TO: Reggie Paros
Director of Public Safety
Attention: Tina
FROM: Ruth Ann Jantzen
Deputy Clerk
.4v-
DAT& March 4, 1999
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
At the February 10, 1999 County Commission Meeting, the Board approved to
rescind a Letter of Intent with BellSouth Telecommunications, Inc., and Sprint -Florida,
Inc., and granted approval and authorized execution of a new Letter of Intent between
Monroe County and BellSouth Telecommunications, Inc., to implement the Enhanced 9-
1-1 Emergency Telephone System for Monroe County.
Enclosed please find two duplicate originals of the above Letter of Intent for
return to BellSouth.
If you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
County Administrator, w/o document
File
MONROE COUNTY, FLORIDA
LETTER OF INTENT
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
SECTION IX
SECTION X
SECTION XI
SECTION XII
SECTION XIII
TABLE OF CONTENTS
TARIFF PROVISIONS
SYSTEM CHARGERS
DESCRIPTION OF SYSTEM
BILLING PROCEDURES
PROVISION OF SERVICE
GEOGRAPHIC AREA DESCRIPTION
SYSTEM FEATURES
SPECIAL REQUIREMENTS
ACCESS TO USER FACILITIES
AUTHORIZED USE OF SYSTEM
LIABILITY AND INDEMNITY
CANCELLATION
EFFECTIVE DATE
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
DATABASE PRICING FORECAST
PSAP CONFIGURATION & PRICING
SYSTEM FEATURES AND DESCRIPTIONS
LIABILITY AND INDEMNITY
NON DISCLOSURE
PROPOSED IMPLEMENTATION SCHEDULE
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LETTER OF INTENT
Please accept this letter as our request and order for BellSouth Telecommunications, Inc.
("BST"), hereinafter referred to as the Telephone Company, to implement the Enhanced
911 Emergency Service System (Enhanced 911) in Momoe County (County), Florida.
This order, which authorized you to proceed with the installation of the system, is based
on our understanding of the following thirteen sections and six exhibits.
SECTION I
TARIFF PROVISION
The County understands that enhanced 911 services and facilities are provided subject to
and controlled by the provision of the lawfully filed tariffs ofBST including any changes
therein as may be made from time to time.
SECTION II
SYSTEM CHARGES
System charges are based on the number of main station telephones in service. Refer to
Exhibit A for a statement of forecasted charges. Actual charges will be determined by the
tariffs in effect on the date of service. No charges shall be made for any service or
equipment not ordered by the County.
SECTION III
DESCRIPTION OF SYSTEM
The Enhanced 911 System provides use of the exchange network at no charge to the
caller. It further provides facilities within the network between local central offices and
the Public Safety Answering Point (PSAP), and the ability to transfer calls from a
primary PSAP to proper secondary agencies. The Enhanced 911 System covered hereby
is more explicitly explained in subsequent sections.
SECTION IV
BILLING PROCEDURES
It is understood and agreed that billing to the County will begin by each Company at the
time the system is operational and turned over to the County. These billing procedures
shall be set forth in the Telephone Companies applicable tariffs.
SECTION V
PROVISION OF SERVICES
Selection of the appropriate service to the County will be made mutually by the
Telephone Companies and the County. Selection will be based on a thorough analysis
of the County's needs at the public safety location and on the availability of facilities in
the area. A service date shall be mutually agreed upon after receipt of an acceptable
database from the County.
SECTION VI
GEOGRAPHIC AREA DESCRIPTION
The County shall furnish to the Telephone Companies a definition of the specific
geographic areas covered by the enhanced 911 System. Such definition shall be in
terms of street name, street types, directionals, street addresses and number ranges
(where applicable), or in such other manner as may be mutually acceptable by the
County and the Telephone Companies.
The definition of each geographic area, and the ongoing maintenance of such
information shall be the sole responsibility of the County. The County further agrees to
furnish to the Telephone Companies in a timely manner, and such updated geographical
information. It's understood that the time required by the Telephone Companies to
update the database will depend on the nature and extent of such changes. The
Telephone Companies will require a minimum interval of time in which to input into the
database major changes such as realignment of the PSAP boundaries, street name
changes, new street additions and annexations.
The County further understands that in order to properly route calls from subscribers in
some rural areas of the county, it will be necessary for the County to provide unique
street addresses (including house numbers) for specific real estate parcels in these
areas. Street addresses will be required for streets or thoroughfares which cross
multiple jurisdictional boundaries and at present use only rural route and box number as
an address. These street addresses would be for the Enhanced 911 System purpose
only and would not affect current mailing addresses.
SECTION VII
SYSTEM FEATURES
The features of the Enhanced 911 System to be provided to the County shall include
those features generally described in Section A24 of BST's General Subscriber Service
Tariff and as listed in Exhibit D.
SECTION VIII
SPECIAL REQUIREMENTS
The County specifically and expressly agrees as follows:
1 . That the PSAP will be provided and staffed on a 24 hour, seven (7) day
per week basis.
2. That the County accepts responsibility for dispatching, or having others
dispatch police, fire, ambulance, or other emergency services as
required, to the extent as such services are reasonably available.
3. That the County will develop an appropriate method for responding to
calls for non-participating agencies which may be directed to the 911
PSAP by calling parties.
4. That the County will subscribe to, or provide, telephone equipment with a
capacity adequate to handle the number of incoming 911 lines
recommended by BellSouth to be installed. That at least one law
enforcement agency will be included among the participating agencies in
this system.
5. That the 911 number shall not replace the telephone service of the
various public safety agencies which may participate in the use of this
number. The County shall subscribe to additional local exchange service,
if none exists, at the PSAP for administrative purposes for placing of
outgoing calls and for receiving other emergency calls, including any
which may be relayed by Telephone Company operators.
6. That the residents in Monroe County Served by Sprint will be handled as
agreed upon by Monroe and Collier Counties with calls transferred to
Monroe County.
SECTION IX
ACCESS TO USER FACILITIES
The Telephone Companies shall be provided access by the County and all public safety
agencies to their premises where the equipment and facilities are located. This access
shall be for the purpose of installation, inspection, testing, repairing, or removing the
equipment and facilities used in furnishing the Enhanced 911 System.
SECTION X
UNAUTHORIZED USE OF SYSTEM
It is understood and agreed that ANI and All information pertaining to incoming
Enhanced 911 System calls is to be used solely for the purposes of answering, handling,
and responding to emergency calls in a manner consistent with the nature of the
emergency.
SECTION XI
LIABILITY AND INDEMNITY
The respective liability of BST and Sprint to each other, to third parties or to the County
and any indemnity obligations in connection therewith shall be limited to that stated in
the respective applicable tariffs of the Telephone Companies. See Exhibit D for a copy
of the selected provisions.
SECTION XII
CANCELLATION
The County understands that if this request, or any subsequent request by the County
for service or facilities, or request for additions, rearrangements, relocation's or
modifications of service or equipment is canceled in whole or in part, for any reason,
prior to completion of the work. involved, the County shall reimburse the Telephone
Companies for all expenses incurred in handling the request before notice of
cancellation is received. Such charges, however, shall not exceed all charges which
would apply if the work. involved in complying with the request had been completed.
Section XII shall not apply to any cancellation made within thirty (30) calendar days of
the effective date of this letter.
SECTION XIII
EFFECTIVE DATE
'~h!~~h~Il'be effective when accepted in writing by BellSouth
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
(SEAl.)
ATTES-r. DANNYL II:IUWIE a.EFIK
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Date:
Date:
The above Letter ofIntent is hereby accepted by BellSouth Telecommunications, Inc.,
this day of , 1998.
BELLSOUTH TELECOMMUNI-
CATIONS, INC.
By:
~!
Date:
Date:
APPROVED AS TO FORM
AN LS
BY
EXHIBIT A - (OAT ABASE PRICING FORECAST)
Projected Main Telephone Stations as of:
December 1998
eST provision of (ANI) Automatic Number
Identification, (All) Automatic Location
Identification, (SR) Selective Routing and
Updates. (Rates are $1,800 non recurring
& $150 recurring per 1,000 access lines.)
Sprint provision of (All) Automatic Location
Identification and (SR) Selective Routing for
less than 1,000 lines.
Non Recurring
$126,000
$
o
70,000
Monthly
$10,500
$
84
EXHIBIT B1 - (Sheriff's Office)
I QTY
EQUIPMENT DESCRIPTION (Sheriff Office - Primary)
1
Stand Alone on site All database
1
Transport feature enabled to maintain up to 50,000 records
1
ANI/All Controller equipped for 14 trunks. Features include,
tandem transfer, remote diagnostics, remote data transfer,
demand All print, CAD interface, 4 hour battery backup, and Full
Redundancy (AC/OC, SIO & COM modules)
8
Analog administrative lines terminated on answering devices
3
Power 911 Workstations with backup IAP+ Workstations (60
button)
1
Power 911 database server. Features include incident detailing,
audit trail, button bar, integrated call recorder, telephony, external
database, number/location identification, message board software,
TOO, and standard operating procedures tool enabled.
1
Management Information Software Package
EXHIBIT B2 - (Marathon Key)
I QTY
EQUIPMENT DESCRIPTION (Marathon Key - Primary)
1
Stand Alone on site All database
1
Transport feature enabled to maintain up to 25,000 records
1
ANI/All Controller equipped for 6 trunks. Features include,
tandem transfer, remote diagnostics, remote data transfer,
demand All print, CAD interface, 4 hour battery backup, and Full
Redundancy (ACIDC, SIO, & COM modules)
8
Analog administrative lines terminated on answering devices
2
Power 911 Workstations with backup IAP+ Workstations (30
button)
1
Power 911 database server. Features include incident detailing,
audit trail, button bar, integrated call recorder, telephony, external
database, number/location identification, message board software,
TOO and standard operating procedures tool enabled.
1
Management Information Software Package
EXHIBIT B4 - (City of Key West Police)
I QTY
EQUIPMENT DESCRIPTION (City Key West - Primary)
1
Stand Alone on site All database
1
Transport feature enabled to maintain up to 50,000 records
1
ANI/All Controller equipped for 4 trunks. Features include,
tandem transfer, remote diagnostics, remote data transfer,
demand All print, CAD interface, 4 hour battery backup, and Full
Redundancy (AC/OC, SIO, & COM modules)
20
Analog administrative lines terminated on answering devices
3
Power 911 Workstations with backup IAP+ Workstations (30
button)
1
Power 911 database server. Features include incident detailing,
audit trail, button bar, integrated call recorder, telephony, external
database, numberllocation identification, message board software,
TOO, and standard operating procedures tool enabled.
1
Management Information Software Package
Note: The IAP+ Workstation is reaching maximum capacity and future growth will require a hardware
upgrade.
Independent of the payment structure, each of the options includes full-service
maintenance as described elsewhere in this document. At the end of the agreement
period, Monroe County has the following options with regard to the equipment.
1. Recast the agreement for another extended period of time at the
prevailing rates in existence at that time.
2. Convert to a Monthly Agreement at the prevailing rates in existence at
that time.
3. Have BellSouth remove the equipment with no financial liability to Monroe
County.
4. Purchase the equipment and have BellSouth maintain the equipment.
EXHIBIT C - (SYSTEM FEATURES)
Automatic Number Identification
The telephone number of the calling party is displayed at the answering point. This
feature is provided by the local telephone company.
Automatic Location Identification
The service address of the calling party is displayed at the answering point. The date
base for this feature is provided by the telephone company and is stored within the E911
system on the customer's premises.
Customer's Name on All Display
This feature provides the name of the customer as it appears on the telephone
company's record. This will be provided on all 911 calls since a caller gives up the right
to anonymity when dialing 911. This feature is useful when the calling party has trouble
speaking, has a name that could be spelled many different ways, or has a name that is
difficult to spell.
Selective Routing
This feature routes an E991 call from a Central Office to the designated primary PSAP
based upon the identified number of the calling party and associated Emergency Service
Number (ESN). ESN is a number that defines the set of emergency services (e.g.,
police, fire, emergency medical) within a particular district or zone. An ESN is
associated with the Primary PSAP and possibly one or more secondary PSAPs.
EXHIBIT D - (LIABILITY & INDEMNITY)
When the use of service of facilities furnished by the Telephone Company is interrupted
due to any cause other than the negligence or willful act of the subscriber or the failure
of the facilities provided by the subscriber, a pro rata adjustment of the fixed monthly
charges involved will be allowed as covered by Section A2 of this Tariff. Where
allowances on monthly charges for Service Features of E911 Service are involved, only
those Service Features which are affected by the interrupted service shall be
considered; and, further, only those main stations on the interrupted portion of a service
shall be considered in determining the number of main stations affected.
This service is offered solely as an aid in handling assistance calls in connection with
fire, police and other emergencies and does not create any relationship of obligation,
direct of indirect, to any person other than the customer contracting for 911 service. In
the event of any interruption of the service, the Telephone Company shall not be liable to
any person, corporation or other entity for any loss or damage in an amount greater than
an amount equal to the pro rate allowance of the tariff rate for the service of facilities
provided to the customer for the time such interruption continues, after notice to
BellSouth. No allowance shall be made if the interruption is due to the negligence or
willful act of the customer of the service.
Further, each customer agrees to release, indemnify, defend and hold harmless the
Telephone Company from any and all loss, claims, demands, suits or other action, or
any liability whatsoever, whether suffered, made, instituted or asserted by the customer
or any other party or person, for any personal injury to or death of any person or
persons, or for any loss, damage or destruction of any property, whether owned by the
customer of others, or for any infringement or invasion of the right of privacy of any
person or persons, caused or claimed to have been caused, directly or indirectly, by the
installation, operation, failure to operate, maintenance, removal, presence, condition,
location or use of 911 service features and the equipment associated therewith or by any
services which are or may be furnished by the Telephone Company in connection
therewith, including but not limited to the identification of the telephone number, address
or name associated with the telephone used by the party or parties accessing 911
services, and which arise out of the negligence or other wrongful act of the Telephone
Company, its user agencies or municipalities of employees or agents of anyone of
them.
E*"l,JJHB~ -
This Agreement is made b~ and between BellSouth Telecommunications, Inc. ("BST"), a
Georgia Corporation and 1Ubl'\rne... Cou. 1\ 't 'f- ("Customer").
Customer has requested that BST provide confidential subscriber information for use by
Customer in providing emergency response services to 911 and/or E911 calls.
Such information specifically includes subscriber telephone numbers, names and service
addresses ("Information"). Customer hereby agrees to receive such Information ofBST
and to disclose such information subject to the following terms and conditions:
1. Except as authorized herein or as otherwise authorized in writing by BST,
Customer agrees to protect such Information ofBST, provided to Customer from
whatever source, from distribution, disclosure or dissemination to anyone expect
employees or subcontractors of Customer with a need to know such information in
conjunction with the provision by Customer of emergency response services to 911
and/or E911 calls. Customer shall use the same standard of care to protect such
Information ofBST as it uses to protect its own similar confidential and proprietary
information. Before disclosure of Information may be made to any subcontractor of
Customer, the subcontractor shall sign an Agreement, in the form attached hereto as
Attachment A.
2. All such Information shall be in writing or other tangible form and clearly marked
with a confidential, private or proprietary legend or if conveyed orally, shall be
designated as proprietary or confidential at the time of such oral conveyance.
3. Customer will not have an obligation to protect any portion of the Information
which:
(a) is made publicly available by BST or lawfully to a nonparty to this Agreement;
(b) is lawfully obtained by Customer from any source other than BST;
(c) is previously known to Customer without an obligation to keep it confidential; or
(d) is released by BST in writing.
4. Customer agrees to use the Information only for the purpose of assisting customer
in more accurately identifying, updating and/or verifying the addresses of subscribers
within Customer's 911 and/or E911 servicing area in connection with Customer's
provision of911 and/or E911 services. Customer, together with any applicable parents,
subsidiaries, affiliates, employees, officers, directors and/or agents, hereby agree not to
sell or make any commercial use of the Information received from BST hereunder.
4. Customer agrees to use the Information only for the purpose of assisting customer
in more accurately identifying, updating and/or verifying the address of subscribers
within Customer's 911 and/or E911 servicing area in connection with Customer's
provision of 911 and/or #911 services. Customer, tougher with any applicable parents,
subsidiaries, affiliates, employees, officers, directors and/or agents, hereby agree not to
sell or make any commercial use of the Information received from the Telephone
Companies hereunder.
5. Customer shall make no copies of the Information received from the Telephone
Companies except as may be essential for the verification of emergency response
services to 911 or E911 calls. Each copy shall be marked with the same proprietary
notices as appear on the originals.
6. The Information and all copies of the Information (including, but not limited to,
tangible copies and computerized or electronic versions and summaries thereof) shall be
returned to the Telephone Companies within sixty (60) days of receipt of the Information
from the Telephone Companies.
7. Customer agrees not to identify the Telephone Companies or any affiliated
company of the Telephone Companies in any advertising or publicity without the prior
written permission of the Telephone Companies.
8. Customer's obligations hereunder shall expire on r\ \ Q. for
confidential Information, but shall not expire for any Information which is considered
trade secret under applicable law so long as such Information remains a trade secret.
9. No license to customer under any trademark, patent or copyright is either granted
or implied by the Telephone Companies disclosure of such Information to Customer.
10. Customer agrees that the Telephone Companies, its employees, directors,
officers, agents and subcontractors are not liable or responsible to Customer for any
errors or omission in the Information, or for any damages in a civil action for injuries,
death or loss to person or property incurred by any person as a result of any act or
omission of the Telephone Companies or any of its employees, directors, officers agents
or subcontractors, except for willful or wanton misconduct in connection with developing,
adopting, implementing, maintaining or operating any 911 or E911 system.
11. Customer agrees to hold harmless and indemnify the Telephone Companies, its
employees directors, officers, agents and subcontractors from and against any and all
claims or suits (including attorney's fees) which arise out of or result from the provision
of Information, specifically including, but not limited to, all claims or suits resulting from
or allegedly resulting from errors or omissions in the Information or the use of such
Information by the Customer.
12. Customer agrees that money damages will not be a sufficient remedy for any
breach of this Agreement and that the Telephone Companies shall be entitled to receive
injunctive relief or other equitable relief to remedy or prevent any breach or threatened
breach of this Agreement. Such remedy shall not be the exclusive remedy for any
breach of this Agreement, but shall be in addition to all other rights and remedies
available at law or in equity.
13. No failure or delay by the Telephone Companies in exercising any right, power or
privilege shall operate as waiver thereof, nor shall any single or partial exercise thereof
preclude any other or future exercise thereof, or the exercise of any other right, power or
privilege hereunder.
14. If any term, covenant or condition in this Agreement shall, to any extent be invalid
or unenforceable, the remainder of this Agreement and the covenants herein contained
shall not be valid and enforceable to the fullest extent permitted by law.
15. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, legal and personal representatives,
successors and assigns, as the case may be.
16. The undersigned expressly represents that he/she has the authority to execute
this Agreement on behalf of Customer and that all necessary steps have been taken by
Customer to authorize the execution of this Agreement.
17. This Agreement shall be effective as of ~ \ \ 0 \ q ~
18. This Agreement constitutes the entire agreement between the parties hereunder
and may not be modified or amended other than by a written instrument executed by
both parties. The parties represent that they have read this Agreement, understand it
and agree to be bound by its terms and conditions. There are no understandings or
representation, expressed or implied, which are not expressed herein.
19. The parties agree that signatures transmitted and received via facsimile are true
and valid signatures for all purposes hereunder and shall bind the parties to the same
extent as that of an original signature.
BELLSOUTH TELECOMMUNICATIONS,
INC.
(CUSTOMER)
BY:
~~....'l:I...JJV'..... ."'-~ ~
Signature
BY:
1./ I~
(Printed Name)
BY: tJtt-fM.LjV\i7VIf ffAe.-V~t(
(Printed Name)
TITLE: ~h~",+c. IIIt:-t I ~ ~ A.. .
TITLE: Y\ If-I & ~
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
,y1?h-~~
DE CL
Attachment A
to
Nondisclosure Agreement
The undersigned is a subcontractor of Customer assisting with the provIsion by
Customer of emergency services to 911 and/or E911 calls. The undersigned has read
and understands the attached Nondisclosure Agreement and agrees to abide by all of
the terms and conditions of that agreement.
Dated:
Signature:
Name: (Printed)
Title: (Printed)
Employer: (Printed)
Business Address:
(Printed)
Telephone Number:
EXHIBIT F - (PROPOSED IMPLEMENTATION SCHEDULE)
BellSouth has Clearly demonstrated on numerous occasions that it is well versed in the
project planning to bring 9-1-1 service on line, as well as making changes or additions to
a system once it's been established. Our aggressive time line for the database
conversion and equipment provisioning is summarized below:
Proposed Database Conversion Time Line
September 1 to September 15 - Letter of intent signed, meetings scheduled to review
responsibilities and approve schedule
September 15 to October 31 - Customer to review SAG Book prints and establish ESN
boundaries
November 1 to November 15 - Make RSAG corrections, build IMSAG tables, schedule
jobs to create IMSAG
November 16 to February 15 - Verify MSAG prints with customer, make corrections
receive signed copy to MSAG from customer
February 16 to March 15 - Schedule TN/MSAG verification and correct errors
March 16 to April 15 - Load MSAG and resolve discrepancies
April 16 to May 15 - Load TN's and resolve discrepancies
May 16 to June 30 - Call through testing
July 1 - Cut date