HomeMy WebLinkAboutResolution - 6210 - Contract- LECD - Enhanced 911 Service - 02/25/1999Resolution No. 6210
Item No. 25
February 25, 1999
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract for Enhanced
9-1-1 service, by and between the City of Lubbock and Lubbock Emergency
Communication District, and related documents. Said contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 25th day of February '1999.
WINDY SITTUN, MAYOR
APPROVED AS TTO%CONTENT:
Sharlett Chowning
Information Technology Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
rkblccdocs/ 19999 l 1 contract.res
February 16, 1999
Resolution No. 6210
Item No. 25
February 25, 1999
CONTRACT FOR THE
CREATION AND MAINTENANCE OF THE 9-1-1 DATABASE
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT is made and entered into by and between the CITY OF
LUBBOCK, TEXAS, hereafter referred to as the "City," and the Lubbock Emergency
Communication District, hereafter referred to as "LECD."
WITNESSETH
WHEREAS, the City desires to have its stations served by a private switch
equipped to offer Enhanced 9-1-1 service (selective routing, automatic number
identification and automatic location identification); and
WHEREAS, LECD subscribes to the Local Exchange Carrier (LEC) for the
necessary 9-1-1 services in order to provide Enhanced 9-1-1 service to the City for its
stations served by its private switch, and
WHEREAS, the City is willing to reimburse LECD for certain expenses incurred
by LECD in subscribing to 9-1-1 service,
NOW THEREFORE, LECD and the City, in consideration of the mutual
promises herein contained, do mutually agree as follows.
I. OBLIGATIONS OF THE CITY
A. The City agrees to utilize a telephone switch that is equipped to send properly
formatted ANSI information to the LEC. The City's telephone switch shall meet
the technical requirements stated in Southwestern Bell Telephone's Private
Switch 911 Client Guide and made a part of this document. The City agrees that
the LECD shall not be liable, and the City further agrees, to the extent permitted
by law, to hold harmless and indemnify LECD, for all claims, demands, suits,
judgments, causes of action, and damages that may arise from the City's failure to
maintain the private telephone switch according to the requirements of the Client
Guide.
B. The City agrees that the City, or its authorized agent, shall keep current the
database associated with the 9-1-1 service. To this end, the City, or its authorized
Contract with Lubbock Emergency Communication District for 911 Database
Page 1
agent, will supply updates to the database as changes occur. The City further
agrees that the City, or its authorized agent, shall verify with the LEC, on a daily
basis, the accuracy of the data. Should errors be reported by the LEC, the City
will correct such errors as soon as practical, but no later than the business day
following the day the error is reported by the LEC. The City agrees that LECD
shall not be liable, and the City further agrees, to the extent permitted by law, to
hold harmless and indemnify LECD, for all claims, demands, suits, judgments,
causes of action, and damages that may arise from the City's failure to maintain
the accuracy of the database according to the requirements of this paragraph.
C. The City agrees to transmit the database information according to the NENA
standard for ALI format.
D. The City must cooperate with LECD in the development and maintenance of the
Master Street Address Guide (MSAG).
IL CHARGES
A. The City agrees to reimburse LECD for the charges LECD incurs by subscribing
to LEC for the following:
1. A one-time, non-recurring charges to establish an administrative site.
Such charge is seven hundred and twenty dollars ($720.00).
2. The recurring monthly charge of seventy-eight dollars and forty cents
($78.40) is based on the City's having 1123 records at the time of this
contract.
3. The non-recurring and recurring charges associated with establishing and
maintaining the database shall be paid by the City within 30 days of
billing by the District.
B. The amount of the initial deposit shall be a sum equal to the applicable non-
recurring and the first monthly rate of the service requested. The amount of the
initial deposit due hereunder is seven hundred ninety-eight dollars and forty cents
($798.40). The amount of the initial deposit will be applied to the first month's
billing if no cancellation occurs. The deposit shall be paid upon execution of this
agreement and is not refundable under any circumstances.
III. TERM
The term of this agreement shall be for one (1) year beginning March, 1999, and
shall be automatically renewed annually unless terminated earlier as herein provided.
Contract with Lubbock Emergency Communication District for 911 Database
Page 2
IV. DEFAULT
A. Conditions of default. The City understands and agrees that maintenance of the
private telephone switch and of the 9-1-1 database is the essence of this
agreement. The failure of the City to maintain the telephone switch or the
database according to the requirements of the Technical Standards, or the failure
on the City's part to cooperate with the development and maintenance of the
database, or the non-payment of any charge due hereunder constitutes a condition
of default under this agreement.
B. Notice of default. Upon the determination by LECD that a condition of default
exists, LECD shall notify the City of the type and nature of the condition by
written notice given to the City by registered or certified United States mail,
postage prepaid, return receipt requested or hand delivered by courier, to the
following address: 916 Texas Avenue, Lubbock, Texas 79401.
C. Cure. The City shall have ten working days from the receipt of the notice of
default to notify LECD of the City's plan to cure the default. The plan proposed
by the City must include the length of time required for the cure. If the City's
proposed cure is approved by LECD, the City shall begin to implement the plan
immediately. If the City's proposed cure is not approved by LECD, the City shall
have five working days to modify the plan according to the concerns specified by
LECD.
V. TERMINATION
Should the City choose to discontinue the use of a private telephone switch, the
City shall give LECD 60 days prior written notice of the date of discontinuance of the
private telephone switch. This agreement shall not terminate until all amounts due LECD
by the City have been paid. This agreements shall be terminated upon the date of
discontinuance of the private telephone switch subject to final payments of all amounts
due LECD by the City, if any.
VI. INSURANCE
The City maintains a Certificate of Self -Insurance. Said Certificate will be
provided to LECD upon request.
VII. NOTICES
A. Any such notice delivered by United States Postal Service certified mail, or hand -
delivered by courier service, shall be conclusively deemed to have been served
Contract with Lubbock Emergency Communication District for 911 Database
Page 3
upon and received by the City on the date of delivery as shown on the Return
Receipt for Certified Mail, or the courier service receipt.
B. Any notice required or permitted to be given by LECD to the City under this
agreement shall be mailed to the City certified or registered U.S. Mail, postage
prepaid, return receipt requested to the following address:
City of Lubbock
Information Technology
P.O. Box 2000
Lubbock, Texas 79457
C. Any notice required or permitted to be given by the City to LECD under this
agreement shall be mailed by certified or registered U.S. Mail, postage prepaid,
return receipt requested, or delivered, to the following address:
Lubbock Emergency Communication District
916 Main Street, Suite 1101
Lubbock, Texas 79401
VIII. SUCCESSORS AND ASSIGNS
LECD and the City bind themselves and their successors, executors,
administrators and assigns to the other party in respect to all covenants of this
Agreement. Neither LECD nor the City shall assign, sublet or transfer its interest in this
Agreement without the prior written consent of the other. Any appointment by the City
of an agent to perform any of the duties specified in this agreement must have the prior
written approval of LECD. Nothing herein shall be construed as creating any liability on
the part of any officer or agent of any public body, which may be a party hereto.
IX. MODIFICATIONS
This instrument contains the entire agreement between the parties relating to the
right herein granted and the obligations herein assumed. Any oral representation or
modification concerning this instrument shall be of no force or effect.
Contract with Lubbock Emergency Communication District for 911 Database
Page 4
X. 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
Lubbock County, Texas.
EXECUTED this 25th day of February , 1999.
Lubbock Emergency
Communication District
a? V// �/& A 4
Jo par
Chairman, Board of Managers
City of Lubbock
LI-Ir""IZ41
Windy Sitton
Mayor
ATTEST:
1 4� L L-.e�
ayt Darnell _
City Sobbretary
APPROVED AS TO CONTENT
L
Sharlett Chowning
Information Technology Manager
APPROVED AS TO FORM
William de Haas
Competition and Contracts Manager
Contract with Lubbock Emergency Communication District for 911 Database
Page 5