Item C34
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21-22.2001
Bulk Item: Yes L No
Division: Public Safety
Department: Emergency Communications
AGENDA ITEM WORDING: Approval of a Non-Disclosure Agreement with Sprint PCS
concerning Enhanced 911 Emergency Telephone Number (E911) Phase I Implementation
ITEM BACKGROUND: 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. That information is confidential and proprietary and cannot be disclosed to
outside sources.
PREVIOUS RELEVANT BOCC ACTION: None - this is a new agreement.
STAFF RECOMMENDATION: Approval
TOTAL COST: 0.00
COST TO COUNTY: 0.00
REVENUE PRODUCING: Yes
BUDGETED: Yes
No
N/A
No
N/A
APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES
DEPARTMENT DIRECTOR APPROVAL: ... ~.J\ ,~...~-;>...--'
aId 'onn" Leggett
DIVISION DIRECTOR APPROVAL:
James R. "Reggie" Paros
DOCUMENTATION: Included: X To Follow: _ Not Required: _
Agenda Item #: H-*
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
~
CONTRACTS~ARY
Contract #
Contract with: Sprint PCS Effective Date:02/2 I/O 1
Expiration Date:02/21/02
Contract Purpose/Description:Non-disclosure agreement in reference to E911 Phase I
implementation in Florida.
Contract Manager:G. Nom Leggett
(Name)
6035
(Ext.)
Emergency Communications
(Department)
for BOCC meeting on 02/21/01 & 02/22/01 Agenda Deadline: 02/07/01
Total Dollar Value of Contract: $ 0
Budgeted? YesD No ~ Account Codes:
Grant: $
County Match: $--.Q
CONTRACT COSTS
Current Year Portion: $
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- - -
----
CONTRACT REVIEW
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SPRINT PCSSM
Michael R Lister
Enhanced 911 Implementation
11880 College Blvd., #1024
Overland Park, KS 66210
(913) 315-2319
October 19, 2000
G. Norm Leggett, 9-1-1 Coordinator
Monroe County Emergency Communications
10600 Aviation Blvd.
Marathon, FL 33050
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Dear Norm:
This is to confirm receipt of your request for implementation of Phase J Enhanced Wireless 911
service in your public safety jurisdictional area. Sprint PCS welcomes the opportunity to begin working
with you to bring the added benefits of this service to your agency and our customers.
The establishment of Phase I Enhanced Wireless 911 service requires that the public safety
agency be able to receive and utilize a full 20 digits of information which provides the automatic number
identification ("ANI") and automatic location information ("AU") of the originating wireless caller. In many
situations this is more data than the current LEC wireline 911 network is designed to handle. The first step
in the process is therefore the identification of how your agency will receive the information. You will need
to advise Sprint PCS if your agency is able to directly receive and utilize the data elements associated
with this service or if you will be using an "out-board" data base, provided by a third party, for interfacing to
Sprint PCS.
After the identification of where Sprint PCS will be transmitting the information, it is necessary to
identify the type of interface required for the Phase I data to be passed from Sprint PCS through the LEC
wireline system to your agency. In establishing the deployment schedule for Phase I, the FCC found that
standards would be established to enable the transmission of the additional ANI digits in Phase I. The
established standards supporting the transmission of the 20 digit information stream are identified as
either a Feature Group D or Signaling System 7 (SS7) transmission method.
Sprint PCS prefers to implement Phase I utilizing the SS7 standard since it is a transmission
method that will support the expanded requirements associated with Phase 2 Enhanced Wireless 911
service. Phase 2 requires Sprint PCS to transmit more accurate location information (AU) regarding the
originating wireless caller beginning October 1, 2001. While we prefer the SS7 transmission method,
Sprint PCS is able and willing to support the Feature Group D transmission method, should this be
required to support your capabilities to receive the additional information and so long as the use of Feature
Group D does not unreasonably extend call set up times.
Sprint PCS' rates for Phase I services are:
a non-recurring charge of $0.25 per Sprint PCS customer on the date of implementation; and,
a monthly recurring charge of $0.15 per active Sprint PCS customer, if your agency is able to
directly receive and utilize the 20 digit information stream. Additional charges will be incurred
should you require the provisioning of the service via a third party provided data base.
NOTE: The Sprint PCS customer count is the number of Sprint PCS subscribers that are within
your agency's service area, based on the billing address of the subscriber.
The billing for these charges will be established upon implementation of Phase I service and will
be sent to the Florida Wireless 9-1-1 Board as required by H.B. 621.
The implementation of Phase I service will require us to identify and exchange proprietary,
confidential or trade secret information with you. Accordingly, it is important that we execute a non-
disclosure agreement that protects the proprietary, confidential or trade secret information of both parties.
Please have the enclosed non-disclosure agreement executed and returned to me. Upon receipt of the
executed non-disclosure agreement I will be contacting you to begin the necessary exchange of
information and coordination which will allow us to schedule the implementation of Phase I Enhanced
Wireless 911 service within the next six months.
I look forward to working with you in implementing this service within your public safety
jurisdictional area.
Should you have any questions, please contact me
Sincerely,
Mf'~c/\~
Michael R Lister
E911 Implementation
Enclosure
cc: SCC Communications Corporation
PSAP Nondisclosure Agreement
This agreement is made by and between Sprint PCS and its associated and affiliated companies, and
Monroe County Emergency Communications, ("PSAP").
PSAP agrees that it may be necessary for Sprint PCS to provide PSAP with certain confidential
infonnation, including trade secret infonnation, considered to be proprietary by Sprint PCS in conjunction
with provision of services and materials relating to the provision of Enhanced 911 services (E911).
Such confidential infonnation specifically includes, but is not limited to, technical and business plans,
technical infonnation, specifications, drawings, proposed products, processes, services and like infonnation
("Infonnation"), including this Agreement. PSAP hereby agrees to receive such infonnation and to
disclose such infonnation only subject to the following tenns and conditions:
I. PSAP agrees to protect such infonnation provided to PSAP from distribution, disclosure or
dissemination to anyone except employees of PSAP with a need to know such infonnation in
conjunction with the above services and materials, except as authorized herein or as otherwise
authorized in writing by Sprint PCS. PSAP will use, at a minimum, the same standard of care to
protect such infonnation of Sprint PCS as it uses to protect its own similar confidential and proprietary
infonnation, which standard of care shall in all events be sufficient to confonn with the requirements
of this Agreement. PSAP further agrees it will indemnify and hold harmless Sprint PCS from all
losses, damages, causes of action and attorney's fees arising from breach of this Agreement by PSAP.
2. All infonnation obtained by PSAP hereunder or in contemplation hereof shall remain Sprint PCS' s
and/or any applicable third party owner's property. All such infonnation shall be in writing or other
tangible fonn and clearly marked with a confidential or proprietary legend. Infonnation conveyed
oraIly or visually shall be designated as proprietary or confidential at the time of such conveyance and
must be reduced to writing within forty-five (45) days. At the direction of Sprint PCS, all copies of
such infonnation in written, graphic, or other tangible fonn shaIl be destroyed or returned to Sprint
pes.
3. PSAP wiIl not have an obligation to protect any portion of the infonnation which:
(a) is made publicly available by Sprint PCS or lawfuIly by a nonparty to this agreement;
(b) is lawfully obtained by PSAP from any source other than Sprint pes or its assigned agents;
(c) is previously known to PSAP without an obligation to keep it confidential;
(d) is released by Sprint pes in writing, or;
(e) is provided pursuant to a subpoena, court order or otherwise by operation of law, provided
reasonable notice shall be given to Sprint PCS and PSAP shall assist Sprint pes in seeking
protection for such infonnation.
4. PSAP agrees to use the infonnation solely in supporting Sprint PCS and for no other customer
purpose. PSAP will only make copies of the infonnation received by it from Sprint PCS as are
necessary for its use under the tenns hereof, and each such copy will be marked proprietary or
confidential.
5. PSAP agrees not to identify Sprint PCS or any other owner of infonnation disclosed hereunder in any
advertising or publicity without the prior written pennission of Sprint PCS.
6. Infonnation shall be subject to the tenns of this Agreement for one (I) year from the receipt of the
infonnation by PSAP. Any infonnation, which is a trade secret under applicable law, shall be subject
to the tenns of this Agreement for so long as such infonnation remains a trade secret. This Agreement
shall otherwise expire one (I) year from the date of execution.
7. This Agreement shall be construed in accordance with the laws of the State of Florida.
8. No license to PSAP under any trademark, patent or copyright is either granted or implied by Sprint
PCS's disclosure of such information to PSAP.
9. This Agreement does not represent, and should in no way imply, commitment on the part of the PSAP
to purchase the products or services of Sprint PCS nor as an encouragement to expend funds in the
development thereof. No such agreement to provide or develop products or services shall be binding
unless and until expressed in a writing signed by authorized representatives of both parties.
10. This Agreement constitutes the entire agreement between the parties hereunder and may not be
modified or amended other than by written instrument executed by both parties. The parties represent
that they have read this Agreement, understand it and agree to be bound to its terms and conditions.
There are no understandings or representations, express or implied, which are not expressed herein.
Sprint pes
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By:
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Title:
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L -Tf-
O~~Y~o~~~E
(305) 294-4641
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,
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Dixie Spehar, District I
Charles "Sonny" McCoy, District 3
Nora Williams, District 4
Murray Nelson, District 5
Emergency Communications
10600 Aviation Boulevard
Marathon, Florida 33050
Telephone: (305) 743-7570
Fax: (305) 289-6078
MEMORANDUM
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, fUAR t'. 'Jon; 1
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TO:
Jan Hotalen
FROM:
Norm Leggett
DATE: March 22, 2001
.-...#...._._--_._..__.._.-----,~~
SUBJECT: Agenda Item C-34
Enclosed are the four original copies of the Non-Disclosure Agreement with Sprint pes. This
agreement was approved on March 21, 2001 by the Board of County Commissioners and was agenda
item C-34. Please execute this order and return an original back to this office. Thanks for your
assistance.
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~rom the dest( of..
Isabel C. DeSantis
Norm: RE: C34 3/21/01
The PSAP Nondisclosure Agreement needs
to read that it is between the BOCC &
MSRTee c6\:1nt) Eftl.c.:r~er.cJ OOhltnufl.iGcit
uot h
tions. Pls. correct & have t e rep-
resentative from Sprint pes initial.
As soon as that is done, return to me
at Stop tl8 and I will have it executed.
Also, I will need 2 more copies of it
totaling 4.
The next 2 PSAP Nondisclosure A~reements
that were part of the above were not
, ,
. _~. .LU~J ..~a.u. . -~
-r~
L.P. d/b/a Sprint PCS.
Sincerely,
Belle
filiated companies, and
ertain confidential
)y Sprint pes in conjunction
911 services (E911).
lical and business plans,
services and like infonnation
ch infonnation and to
:ion, disclosure or
such infonnation in
:rein or as otherwise
lIne standard of care to
. confidential and proprietary
'Onn with the requirements
iSS Sprint PCS from all
If this Agreement by PSAP.
lall remain Sprint PCS's
hall be in writing or other
Infonnation conveyed
me of such conveyance and
Sprint PCS, all copies of
red or returned to Sprint
which:
his agreement;
r its assigned agents;
tial;
>n oflaw, provided
,rint PCS in seeking
no other customer
I Sprint PCS as are
Iced proprietary or
5. PSAP agrees not to identify Sprint PCS or any other owner of infonnation disclosed hereunder in any
advertising or publicity without the prior written pennission of Sprint PCS.
6. Infonnation shall be subject to the tenns of this Agreement for one (I) year from the receipt of the
infonnation by PSAP. Any infonnation, which is a trade secret under applicable law, shall be subject
to the tenns of this Agreement for so long as such infonnatioll remains a trade secret. This Agreement
shall otherwise expire one (I) year from the date of execution.
7. This Agreement shall be construed in accordance with the laws of the State of Florida.
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---
PSAP Nondisclosure Agreement
--
This agreement is made by and between Sprint Spectrum, L.P. d/b/a Sprint PCS, and its associated and
affiliated companies, and the Monroe County Boad of Commissioners, ("PSAP").
PSAP agrees that it may be necessary for Sprint PCS to provide PSAP with certain confidential
information, including trade secret information, considered to be proprietary by Sprint PCS in conjunction
with provision of services and materials relating to the provision of Enhanced 911 services (E911).
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Such confidential information specifically includes, but is not limited to, technical and business plans,
technical information, specifications, drawings, proposed products, processes, services and like information
("Information"), including this Agreement. PSAP hereby agrees to receive such information and to
disclose such information only subject to the following terms and conditions:
1. PSAP agrees to protect such information provided to PSAP from distribution, disclosure or
dissemination to anyone except employees ofPSAP with a need to know such information in
conjunction with the above services and materials, except as authorized herein or as otherwise
authorized in writing by Sprint PCS. PSAP will use, at a minimum, the same standard of care to
protect such information of Sprint PCS as it uses to protect its own similar confidential and proprietary
information, which standard of care shall in all events be sufficient to conform with the requirements
of this Agreement. PSAP further agrees it will indemnify and hold harmless Sprint PCS from all
losses, damages, causes of action and attorney's fees arising from breach of this Agreement by PSAP.
\
2. All information obtained by PSAP hereunder or in contemplation hereof shall remain Sprint PCS's
and/or any applicable third party owner's property. All such information shall be in writing or other
tangible form and clearly marked with a confidential or proprietary legend. Information conveyed
orally or visually shall be designated as proprietary or confidential at the time of such conveyance and
must be reduced to writing within forty-five (45) days. At the direction of Sprint PCS, all copies of
such information in written, graphic, or other tangible form shall be destroyed or returned to Sprint
PCS.
3. PSAP will not have an obligation to protect any portion of the information which:
(a) is made publicly available by Sprint PCS or lawfully by a nonparty to this agreement;
(b) is lawfully obtained by PSAP from any source other than Sprint PCS or its assigned agents;
(c) is previously known to PSAP without an obligation to keep it confidential;
(d) is released by Sprint PCS in writing, or;
(e) is provided pursuant to a subpoena, court order or otherwise by operation of law, provided
reasonable notice shall be given to Sprint PCS and PSAP shall assist Sprint PCS in seeking
protection for such information.
4. PSAP agrees to use the information solely in supporting Sprint PCS and for no other customer
purpose. PSAP will only make copies of the information received by it from Sprint PCS as are
necessary for its use under the terms hereof, and each such copy will be marked proprietary or
confidential.
5. PSAP agrees not to identify Sprint PCS or any other owner of information disclosed hereunder in any
advertising or publicity without the prior written permission of Sprint PCS.
6. Information shall be subject to the terms of this Agreement for one (1) year from the receipt of the
information by PSAP. Any information, which is a trade secret under applicable law, shall be subject
to the terms of this Agreement for so long as such information remains a trade secret. This Agreement
shall otherwise expire one (1) year from the date of execution.
7. This Agreement shall be construed in accordance with the laws of the State of Florida.
I