HomeMy WebLinkAboutContract 37023CITY SECRETAR370�3=.
CONTRACT NO.
PRIVATE SWITCH 9-1-1 SERVICE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This is an agreement between the Tarrant County 9-1-1 District, ("District"), a political subdivision
of the State of Texas established and operated pursuant to [Texas Health & Safety Code, Chapter
771/772 or Local Government Code, Chapter 391], as amended, and the City of Fort Worth, ("City")
a Texas municipal corporation situated in Tarrant County, Denton, and Wise Counties, Texas with
administrative offices located at City Hall, 1000 Throcicmorton St., Fort Worth, TX 76102.
RECITALS
WHEREAS, the City is a public agency which qualifies as a private switch provider as defined by
Texas Health & Safety Code § 771.001, and has privately -owned switching equipment for
telephones at several of its physical locations and thus qualifies as a business service user under such
statute; and
WHEREAS, without making this undertaking, District would be unable to determine the precise
location of 944 calls from a telephone in City's system, and thus would not be able to notify
emergency service providers of the location where assistance is needed; and,
WHEREAS, the City is willing and able to perforni the duties imposed on a business service user by
the provisions of Texas Health & Safety Code, Chapter 711/772 and agrees to be bound by such
provisions; and
WHEREAS, the CITY desires to establish the level of 9-1-1 service that coi�ectly identifies the
street address location for extension lines associated with the private switches that provide telephone
service at the addresses listed in Attachment 1; and
WHEREAS, under AT&T's tariff, as approved by the Public Utility Commission of Texas, the
District is a local govenunental entity authorized to subscribe to Private Switch 9-1-1 Service
(PS911); and
WHEREAS, District is willing to subscribe with AT&T for the necessary PS911 service for the
City; and
WHEREAS, the City is willing to reimburse District for certain expenses incurred by District in
subscribing to PS911 Service;
THEREFORE, District and City, in consideration of the mutual promises
mutually agree as follows:
PS911 Agmt. —City of FTW — (02/26/08)
1 Tarrant County 9-1-1 District
I. OBLIGATIONS OF DISTRICT
A. The District agrees to authorize the City to route 9-1-1 calls over digital trunks provided by a
certified local exchange carrier in lieu of requiring dedicated Centralized Message Accounting
(CAMA) trunks. City agrees to test the compatibility of the service arrangement using the
digital trunks. The City has the option of using dedicated CAMA trunks in the event the test
shows the digital trunks are not compatible with the PS911 service. If required, the District
agrees to order CAMA trunks in a timely fashion so that PS911 service can be established. It
is understood and acknowledged that CAMA trunks are supplied subject to the provisions of
the AT&T tariff as approved by the Public Utility Commission of Texas.
B. The District also agrees to incur the AT&T tariffed non -recurring charges and monthly rates
associated with the provision of PS911 service at City's administrative site, including but not
limited to, the PS911 CAMA trunks (if necessary) and the maintenance ofthe PS911 database.
C. So long as City operates a private telephone switch in confoi7nation with the requirements of
Texas Health & Safety Code, Chapter 771/772 and this agreement, District agrees not to
pursue remedies as provided hereunder.
II. OBLIGATIONS OF CITY
A. Compatibility of 9-1-1 service.
1. City agrees to utilize a telephone switch that is equipped to transmit properly formatted
calling -line identification (CLID) to the local exchange carrier over digital trunks. If
CAMA trunks are required, City's telephone switch and the CAMA trunks, shall meet the
technical requirements stated in "Trunking Specifications for Private Switch 9-1-1 Service
(PS911/Inform 911)15, as these requirements are modified from time to time. City
acknowledges receiving a copy of this document.
2. City agrees that City, or its authorized agent, shall keep current the database associated
with the PS911 service. To this end, City, or its authorized agent, will supply updates to
the database as changes occur by uploading files from City's computer to the designated
AT&T computer. City, or its authorized agent, must provide a personal computer with
modem and appropriate software to access the AT&T computer for database updates
according to the requirements in the database technical requirements stated in
"Emergency Services Private Switch 911 Client Guide". City acknowledges receiving a
copy of this document.
City further agrees that City, or its authorized agent, shall verify with the AT&T 9-1-1
computer, on a daily basis, the accuracy of each upload transaction. Should errors be
reported by AT&T, City will correct such errors as soon as practicable, but no later than
the business day following the day the error is reported by AT&T
3. City agrees to transmit the database information according to th NENA standard for ALI.
4. City must cooperate with District in the use of the 9-1-1 Mast r Street Address Guide.
►_ :3 s t:
PS911 Agmt. —City of FTW — (02/26/08)
2 Tarrant County 94-1 District
B. Collection of 9-1-1 IF
1. City stipulates that the telephone switch will not be used to provide service to residential
end -users or any business end -users who are not employees or officials of the City of Fort
Worth. Therefore, City shall not be required to bill, collect, and remit the 9-1-1 service
fees as required by Texas Health & Safety Code, Chapter 771/772.
III. CHARGES
A. City agrees to reimburse District for certain charges District may incur by subscribing to PS911
Service at ATI approved tariff rates, as follows:
1. PS911 CAMA trunks, if required: These costs will benon-recurring charges and monthly
rates in effect in the then -current PS911 tariff. These trunks will only be required if it is
determined the service will not work usingthe trunks. Rates for CAMA trunks in
effect on the execution date of this Agreement are $54.00 per trunk per month, and
$315.00 per trunk non -recurring.
2. District agrees to incur the one-time charge in the amount of $155.00 to establish an
administrative site without reimbursement by City.
3. District also agrees to incur database charges in the amount of $.70 per month per 10
records, and $5.05 non -recurring charge per 10 records stored in the AT&T 9-1-1
database without reimbursement by City.
B. If CAMA trunks are required, District may invoice City monthly for the reimbursement of the
charges for CAMA trunks in accordance with provision A.1 above. If applicable, City shall
remit payment within 30 days of invoice date. A one-time 2% late payment charge will be
assessed if payment is not received within 30 days of the invoice date.
C. Cancellation of the use of a private switch, in whole or in part, by the City prior to the
establishment thereof, will require reimbursement to the District of any charges billed to the
District by AT&T for ordering the PS911 service. These charges may include, but are not
limited to, the cost of engineering, manufacturer's billings resulting from equipment orders,
installation, assembly, labor, cost of removal and any other cost incurred by AT&T up to the
time of cancellation, but not to exceed the total non -recurring charges.
D. Not withstanding the foregoing, the City shall not be liable for payment of any fees, charges,
penalties or reimbursable expenses if the City has not appropriated funding to meet such
financial obligations. It.
In
IV. TERMo
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The term of this agreement shall be begin from the date of execution and shall be automatically
renewed annually unless terminated earlier as herein provided or unless such applicable renewal fees
PS911 Agmt. —City of FTW — (02/26/08) 3 Tarrant County 94-1 District
are not paid when due.
V. DEFAULT
A. Conditions of default. City understands and agrees that maintenance of the private telephone
switch and of the PS911 database is of the essence of this agreement. The failure of City to maintain
the telephone switch or the database according to the requirements of the Technical Standards, or the
failure on City's part to adhere to the Master Street Address Guide, or the non-payment of any
charges due hereunder constitutes a condition of default under this agreement.
B. Notice of default. Upon the determination by the District that a condition of default exists, the
District shall notify City of the type and nature of the condition by written notice given to City by
registered or certified United States mail, postage prepaid, return receipt requested, or hand
delivered by courier. Any such notice delivered by United States Postal Service certified mail, or
by courier service shall be conclusively deemed to have been served upon and received by City on
the date of delivery as shown on Return Receipt for Certified Mail (PS Form 3811), or the courier
service receipt.
C. Cure. City shall have twenty-five (25) days from the receipt of the notice of default to notify
the District of City's exact plan to cure the default. The plan proposed by City must include the
length of time required for the cure. If City's proposed cure is approved by the District, City shall
begin to implement the plan immediately. If City's proposed cure is not approved by the District,
City shall have five working days to modify the plan according to the concerns specified by the
District.
D. Remedies. Should City not act promptly to devise a plan acceptable to the District to cure the
default or be unable to cure the default within the time specified, the District reserves the right to
pursue all legal remedies, including but not limited to the following:
l . Termination of this agreement, with notice (where applicable) to the Attorney General of
the State of Texas if District believes that City may be doing business in Texas without
complying with State laws.
VI. TERMINATION
Should the City choose to discontinue the use of PS911 service for any reason, with or without
cause, City shall give District 60 days prior written notice. City shall pay all charges due to District
up to the time of termination. This agreement shall be terminated upon the date of discontinuance of
the private telephone switch or on the date of final payment of all amounts due the District by City if
such amounts were due and unpaid on the date of discontinuance of the private telephone switch.
VII. INSURANCE 5 p
City stipulates that the private switch covered by this Agreement is not used to provide telephone
service to any third party, and in consideration of the District waiving its standard liability insurance
requirements, each party agrees to assume responsibility for all costs and damages for injuries or
death to one or more persons or destruction of property resulting from the use of the services
PS911 Agmt. —City of FTW — (02/26/08) 4 Tarrant County 9-1-1 District
covered by this Agreement.
VIII. FORCE MAJEURE
Neither party shall be liable to the other party for delays, failure in performance, loss or damage due
to a cause beyond the parties' reasonable control, such as fire; lightening strike; embargo; explosion;
power surge or failure; acts of nature; war; labor disputes; civil disturbances; acts of civil or military
authority; inability to secure materials, fuel, products or transportation facilities; acts or omissions of
suppliers; or any other causes beyond reasonable control.
IX. NOTICES
Any notice required, or permitted to be given, by the District to City under this agreement shall be
mailed to City certified or registered U. S. Mail, postage prepaid, return receipt requested to the
following address:
City of Fort Worth
IT Director
1000 Throckmorton St.
Fort Worth, TX 76102
Any notice required or permitted to be given by City to the District under this agreement shall be
mailed by certified or registered U. S. Mail, postage prepaid, return receipt requested, or delivered,
to the following address:
TARRANT COUNTY 9-1-1 DISTRICT
100 East 15th Street
Suite 420
Fort Worth, TX 76102
X. SUCCESSORS AND ASSIGNS
The District and City bind themselves and their successors, executors, administrators and assigns to
the other party in respect to all covenants of this Agreement. Neither the District nor City shall
assign, sublet or transfer its interest in this Agreement without the prior written consent of the other.
Any appointment by City of an agent to perform any of the duties specified in this agreement must
have the prior written approval of the District. Nothing herein shall be construed as creating any
liability on the part of any officer or agent of any public body that may be a part hereto.
XI. MODIFICATIONS
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed.
this instrument shall be of no force or effect.
PS911 Agmt. —City of FTW — (02/26/08)
Any oral representations or modifications concerning
!°l Lill P,31
5 Tarrant County 9-1-1 District
XIIs APPLICABLE LAW
This agreement shall be governed by and construed according to the laws of the State of Texas.
Venue for any action or claim arising out of this agreement shall be in Tarrant County, Texas,
XIII0 SEVERABILITY
If any provision %J this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
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EXECUTED this 0 0 day of , 2008.
For
CITY OF FORT WORTH
Karen L. Montgomery
Assistant City Manager/CFO
Attest:
City Secretary
Approved As to Form and Legality:
Assistant City
Contract Authorization:
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For
TARRANT COUNTY 9-I-I DISTRICT
Greg Petrey, ENP
Executive Director
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PS911 Agmt. —City of FTW — (02/26/08)
6 Tarrant County 9-1-1 District