Item C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2001
Division: Public Safety
Bulk Item: Yes X
No
Department: Emergency Communications
AGENDA ITEM WORDING: Approval of an Enhanced 9-1-1 (E911) Service Agreement Form from
Cingular Wireless LLC 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
No X AMOUNT PER MONTH
Year
APPROVED BY: County Arty Yes
DOCUMENTATION:
Included X
Yes
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
Not Required
AGENDAITEM#~
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Cingular Wireless Contract #
Effective Date: 5/16/0 I
Expiration Date: 5/2/02
Contract Purpose/Description:
Service Agreement Form for compliance with E911 Phase I implementation in Florida.
Contract Manager: G. Norm Leggett 6035 Emergency Communication # 16
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 5/16/01 Agenda Deadline: 5/2/0 I
CONTRACT COSTS
Total Dollar Value of Contract: $ $0.00
Budgeted? YesD No ~ Account Codes:
Grant: $ $0.00
County Match: $ $0.00
Current Year Portion: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $O.OO/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~~: 1 Needed . lewer
Division Director ~:;;"J/ YesD No~
Risk Manage~t ,~ YesO No0 ~,Lj T ~.Q,e;:~d'C'-
oet>=~ ~IYeSONO~~ O..z)~ '-/-/6fJ/
c~unty Attorney '1/1 jP ( YesO No[;]l 4#~ I
Comments: ~
OMS Form Revised 2/27/01 Mep #2
E911 PHASE I. SERVICE ORDER FORM
Name:
Address:
Cingular Wireless LLC
5201 Con2ress Avenue
CARRIER CONTACT (24x7x365)
Name:
Cellular Network Operations Center
City: Rn..a Ratnn
State:
FI.
ZIP: 33487
Phone Number:
Fax Number:
lM_ll C).OOOO
CARRIER NOTIFICATION:
Name: Cin2ular Wireless, c/o Mario M, Jardon
Address: 5201 Confress Avenue
Anticipated Deployment Date:
City I ST I ZIP:
Roca Raton FL 334117
Name: mDn raG C~ou...n~
Address: IDta DO A-v'\C\ 1-'(1)'(\ ~\ ..,.t:l.
City: Ma.A'~G'Y\
State: FI A~oIAvFn AS TO F<nlt't 330'5""0
~ND.~)~
c'SUZANNEA.~U~J~
PSAP Serv~~l~risdictions: ,//f/,
('\\\(1\ 'to-L C~)I.LV\ ~
Address:
CUSTOMER CONTACT (24x7x365)
G-. ~\Dr VV\ Le~::s e 'H-
305- ,L(~- 15/{)
:\0"; - d. <:r C<j - u 0'1 K"
CUSTOMER NOTIFICATION:
6-. H.o~~ L~'Se/++
\Dl.2 00 A-u ;/"A-~ \ 1Jv\ 6\1) ~
City I ST I ZIP: N\RrA.Mr\<.S\'\ pl, 33D.;b
Phone Number:
Name:
Fax Number:
Name:
By signing below, each person represents that he/she is authorized to commit their company or government entity to this E911 Phase I Service
Order, including the terms and conditions stated below and on the reverse side.
::.slGNA
CUSTOMER:
CARRIER: ~
By: 1'1~~'o ~
Mario aon I Manager of Engineering
By:
NamelTitle:
Nameffitle:
Date:
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 P]an").
Confidential Information: The confidentiality of any information provided by Carrier to PSAP shall be governed by the Florida Public Records Act, chapter 119,
F]orida 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 of PSAP's signature, ("Effective Date") and shall remain effective for one (I) year ("Initial Term"). This Order shall
automatically renew for successive one (I) 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 Federa] 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.:
Delay/Force Majeure: Carrier shall perform services pursuant to Federal law, state law, and the Imp]ementation 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. 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 ALl Provider. Federal law establishes the deadline for implementation ofService[FCC 94-102]. 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 MANUF ACTURERS' 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
FINAL DRAFT 5/5/00
Florida Wireless 9-1-1 Board Model Contract
PROVISION OF THE REQUESTED SERVICES). (OPTIONAL:WITH THE SOLE EXCEPTION OF ANY EXPRESS WRITTEN 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
REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, ORAL, WRITTEN OR OTHERWISE RELATED TO ANY EQUIPMENT, FACILITIES,
FEA TURES, 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 terms 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.
Amendment/Modification: 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 prov.ision 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.
Dispute Resolution: In the event of a dispute under this Order, all rights and remedies of the parties, at law and equity, are expressly retained by the parties. Prior to
the commencement of such litigation, the parties may agree first to attempt in good faith to resolve any controversy or claim arising out of or relating to this Order. The
parties may by agreement choose to arbitrate the dispute. The parties may use the Wireless Industry Arbitration Rules. The arbitration may be governed by the United
States Arbitration Act, 9 U.S.C. ~~1-16, and judgment for the award may be entered by any court having jurisdiction thereof. The place of arbitration shall be
County. The arbitrator shall not be empowered to award damages in excess of actual damages, including by not limited to punitive damages. .
Entire Agreement: This Order, (OPTIONAL: 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 E91 I Phase I Service.
Responsibilities of Carrier: Carrier shall implement Service pursuant to Federal law, state law, and the Implementation Plan, attached hereto as Exhibit "A", 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 dispalch 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;
· 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 terms 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.
FINAL DRAFT 5/5/00
Florida Wireless 9-1-1 Board Model Contract
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