R06-109
II
1
2 RESOLUTION NO. R06- lo<=i
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE MAYOR TO EXECUTE AN
7 ASSIGNMENT AND ASSUMPTION AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH,
9 BELLSOUTH TELECOMMUNICATIONS, INC., AND
10 PALM BEACH COUNTY, FOR THE 911
11 EQUIPMENT NECESSARY IN THE EVENT OF A
12 DISASTER EMERGENCY AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, this Agreement authorizes Bellsouth to install a secondary E 9-1-1
16 Public Safety Answer Point (PSAP) for the purpose of complying with the recommendations
17 to relocate 9-1-1 Communications Department in the event of an emergency evacuation; and
18 WHEREAS, the County has requirements that all Public Safety entities provide an
19 alternate site in case of an emergency disaster evacuation; and
20 WHEREAS, staff has reviewed the request and recommends to the City Commission
21 of the City of Boynton Beach and the City Commission finds it to be in the best interest of
22 citizens and residents of the City Of Boynton Beach to authorize the Mayor and City Clerk to
23 execute the Assignment and Assumption Agreement by and between Bellsouth
24 Telecommunications, Inc., the City of Boynton Beach, Florida and Palm Beach County
25 Florida, to provide the necessary 911 equipment in a safe alternate site in the event of a
26 disaster emergency.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
29
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 !being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission of the City of Boynton Beach, Florida does
33 hereby authorize the Mayor and City Clerk to execute the Assignment and Assumption
34 Agreement by and between Bellsouth Telecommunications, Inc., the City of Boynton Beach,
:ICAIRESOlAgreementslBellsouth 911 PSAP Agreement.doc
II
Florida and Palm Beach County Florida, to provide the necessary 911 equipment in a safe
2 alternate site in the event of a disaster emergency, a copy of which is attached hereto as
3 Exhibit "A".
4
Section 3.
This Resolution shall take effect immediately upon passage.
5
6 PASSED AND ADOPTED this ~ day of June, 2006.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
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24 ATTEST:
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S:ICAIRESOlAgreementslBellsouth 911 PSAP Agreement.doc
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
ROb-IOcr
This Special Service Arrangement (SSA) Agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company" or "BeIlSouth") and CITY
OF BOYNTON BEACH, a Florida municipal corporation ("Customer"), and is entered into pursuant to
Tariff Section A5 of the General Subscriber Services. This Agreement is based upon the following terms
and conditions as well as Attachment(s) affixed hereto and the appropriate lawfully filed and approved
tariffs which are by this reference incorporated herein.
I. Scope. Customer requests and Company agrees, suhject to the terms and conditions herein, to provide
the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions
as described in this Agreement ("Service"). The rates, cbarges, and conditions described in this
Agreement are binding upon Company and Customer for the duration of this Agreement. For the
purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall
become effective upon execution by both parties. For purposes of the determination of any service
period stated herein, said Service period shall commence when the Service is accepted by Customer or
when the customer begins using the Service for its intended operational use, whichever occurs fIrst.
2. Additional Services. Company agrees to provide Customer notice of any additional tariffed services
required for the installation of the Service. Customer agrees to be responsible for all rates, charges and
conditions for any additional tariffed services that are ordered by Customer.
3. Regulatory Considerations. This Agreement is subject to and controlled by the provisions of
Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not
limited to Section A2 of the General Subscriber Services Tariff and NO.2 of the Federal
Communications Commission Tariff and shall include all changes to said tariffs as may be made from
time to time. All appropriate tariff rates and charges shall be included in the provision ofthis service.
Except for the expressed rates, charges, terms and conditions herein, in the event any part of this
Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies'
lawfully fIled and approved tariffs, the tariff shall control.
4. Regulatory Approvals. This Agreement may be subject to the appropriate regulatory approval prior to
commencement of installation. Should such regulatory approval be denied, after a proper request by
Company, this Agreement shall be null, void, and of no effect.
5. Cancellation-Prior to Installation. If Customer cancels this Agreement, other than for a breach of the
material terms by Company, prior to the completed installation of the Service, but after the execution
of this Agreement by Customer and Company, Customer shall pay all reasonable costs incurred in the
implementation of this Agreement prior to receipt of written notice of cancellation by Company.
Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if
the work in the implementation of this Agreement had been completed by Company.
6. Termination-Prior to Expiration of Service Period. If Customer cancels this Agreement, other than for
a breach of the material terms by Company, at any time prior to the expiration of the Service period set
forth in this Agreement, Customer shall be responsible for all termination charges. Unless otherwise
specifIed by the tariff, termination charges are defIned as all remaining charges as a result of the
minimum Service period agreed to by the Company and Customer and set forth in this Agreement.
7. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Florida.
8. Notices. Except as otherwise provided in this Agreement, notices required to be given pursuant to this
Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered,
or United States mail, postage prepaid, addressed to the appropriate party at the address set furth
below. Either party hereto may change the name and address to whom all notices or other documents
required under this Agreement must be sent at any time by giving written notice to the other party.
PRlVATElPROPRlETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE 1lIE
BELLSOUTI! COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page I of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676l-02
BellSouth
BellSouth Telecommunications, Inc.
Assistant Y ice President
70 I NorthPointe Parkway
West Palm Beach, FL 33407
Customer
City Manager
CITY OF BOYNTON BEACH
100 E BOYNTON BEACH BI. YD.
P.O.Box3IO
BOYNTON BEACH, FL 334350310
James Cherof, City Attorney
Goren, Cherof, Doody, Erzol, PA
30 I 9 East Commercial Boulevard
Suite 200
Ft. Lauderdale, Florida 33308
9. Assignment. Customer may not assign its rights or obligations under this Agreement without the
express written consent of Company and only pursuant to the conditions contained in the appropriate
tariff.
10. Severability. In the event that one or more of the provisions contained in this Agreement or
incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any
applicable statute, regulatory requirement or rule of law, then such provisions shall be considered
inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this
Agreement shall continue in full force and effect.
II. Merger Clause. Customer acknowledges that Customer has read and understands this Agreement and
agrees to be bound by its terms and conditions. Customer further agrees that this Agreement, and any
orders, constitute the complete and exclusive statement of the Agreement between the parties,
superseding all proposals, representations, and/or prior agreements, oral or written, between the parties
relating to the subject matter of the Agreement.
12. Acceptance. Acceptance of any order by Company is subject to Company credit and other approvals.
Following order acceptance, if it is determined that: (i) the initial credit approval was based on
inaccurate or incomplete information; or (ii) the Customer's creditworthiness has signifIcantly
decreased, Company in its sole discretion reserves the right to cancel the order without liability or
suspend the order until accurate and appropriate credit approval requirements are established and
accepted by Customer.
13. Taxes and Fees. AJl charges are exclusive of applicable federal, state or local taxes and fees. Company
may invoice and Customer agrees to pay to Company amounts equal to any taxes resulting from this
Agreement or any activities hereunder including any and all sales and use taxes, duties, or review imposed
or permitted by any authority, governrnent, or governrnental agency, exclusive of taxes on Company's net
income. Customer will be responsible for any ad valorem, property, or other taxes assessable on
equipment on or after delivery to the installation site.
14. Risk of Loss or Damage. AJI risk ofloss or damage shall pass to Customer as to each item of eqnipment
on the date of delivery to the Customer Service location provided that such loss or damage is not caused by
the Company.
PRlVATElPROPRlETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE 1lIE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 2 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676l-02
15. Security Interest. Customer grants the Company a purchase money security interest in each item of
equipment or software. Customer agrees to execute any documents that are reasonably requested by
the Company to protect or perfect the Company's security interest.
16. Software License.
a) All software is and will remain the property of Company. Company, with respect to
Company developed software and to the extent authorized under the supplier
licenses, grants to Customer a personal, nontransferable and nonexclusive sublicense
(without the right to further sublicense) to use the software, subject to the following
terms and conditions.
b) Customer shall (i) use the software only in conjunction with the particular Service for which
the software was initially furnished; (ii) use the software solely for Customer's internal
business purposes; (iii) not reverse engineer, decompile, disassemble, reverse translate or
otherwise translate the software into human readable form, nor reproduce the software except
for archival purposes; (iv) return the software, together with all copies thereof, or with
Company's written consent, destroy (or erase, if recorded on an erasable storage medium) the
software when no longer needed or permitted for use with the Service for which the software
was furnished; and (v) keep in confIdence all information relating to software and treat such
information as the exclusive property and trade secret of Company or such suppliers.
c) In addition to the above, where Company's suppliers require Customer to sign or otherwise
agree to separate licensing provisions directly with the supplier, Customer shall comply with
such licensing provisions.
17. Changes in Customer Orders. Changes to an order may only be made following agreement of Customer
and Company to the change. Such change would not materially a1ter the origiua1 design, functionality or
implementation date. Appropriate documentation will be required so that additions or deletions may be
recorded and charges or credits issued. The Customer's ability to delete items from an order or to return
equipment is subject to Company's ability to return the equipment to the manufacturer. Restocking,
shipping and handling charges will be assessed with respect to any items deleted or returned.
a) Shipping Expedites. Unless otherwise agreed to by the parties in writing, Company will provide
the software and hardware one hundred twenty (120) days from the date that this Agreement is
effective. If requested by the Customer, Company will deliver the Service in less than one
hundred twenty (120) days provided that the Customer pay reasonable expedite delivery charge
that are incurred by Company. Notice of those charges will be provided after the required
delivery date is detennined by the Customer and the Company.
b) Delivery Delays. Customer agrees to reimburse Company for all out-of-pocket expenses incurred
by Company if Service delivery is delayed by Customer. If the implementation is delayed,
through no fuuh of the Company for ninety (90) days from planned implementation, the
Company will have the option to revise the pricing to the then current rates and to collect all
reasonable out of pocket costs for implementation delays, storage and lost margins from
Customer.
c) Additioual equipment. Customer acknowledges that the eqnipment requirements are based on the
current information provided by the Customer and are the best estimate of Customer and
Company. If additional equipment is required, Company will provide the equipment after the
Customer's completion and Company's acceptance ofa written change order, which will include
any additional charges to Customer.
d) Customer acknowledges that it bas reviewed the pruposed confIguration and the storage sizing is
adequate for the current site operations. Future operational changes or additional storage
requirements may necessitate additional equipment which will be billable to the Customer.
18. Maintenance.
a) If applicable, maintenance service commences at the earlier of the Service acceptance or the
date that the Customer begins using the Service for its intended operational purpose.
PRlV A TElPROPRlET AR Y
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCWSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 3 of14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Maintenance may be provided via repair, replacement, or upgrade of defective equipment at
Company's option. If on-site manufacturer service is required, it will be provided at
Company's then current commercial rates.
b) The initial term for maintenance shall be sixty (60) months unless otherwise stated on the
Order. The initial term shall be automatically renewed for successive terms of one (I) year
each at Company's then-current rates. Either party may elect not to renew maintenance
service by giving the other party written notice at least thirty (30) days prior to the end of the
then-current term.
c) A description of the Service, Support and Maintenance for Service is set forth in Attachment
One.
19. Remedies and Damages Limitations.
a) The following limitations of liability represent a material inducement to the parties to enter
into this Agreement and to perform Orders at the stated price. If additional risks or
undertakings were contemplated by Company, the additional risks or undettakings would
have been reflected in an increased price. In contemplation of the price, Customer
acknowledges that there is consideration for the limitation of damages and remedies set forth
above and as follows.
b) ANYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE
CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR
MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL,
EXEMPLARY, PUNITlYE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER
UNAUTHORIZED USE, OR LOSS OF USE. TIllS LIMITATION OF LIABILITY WILL
APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY,
NEGLlENCE OR OTHER TORT, BREACH OF STATUTORY OR OTHER LEGAL
DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE,
WHETHER OR NOT THEY OR COMPANY HAD NOTICE OF THE POSSffiILITY OF
SUCH DAMAGES OCCURRlNG. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY
DEF AUL T OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE
LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE
OF THE SERYICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED
AMOUNT PAID FOR THE EQUIPMENT OR SERYICE IF REPERFORMANCE, REPAJR
OR REPLACEMENT IS NOT REASONABLY A Y AILABLE.
20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept
conforming equipment or Services, Company may exercise all remedies to which Company may be
entitled at law or in equity, including specific performance. Additioually, Company may declare all sums
due or to become due hereunder immediately due and payable, and Company shall be entitled to recover
all collection costs incurred, including legal interest. In addition, for payments not received within thirty
(30) days of the invoice date, a late fee not exceeding the lower of two percent (2%) per month or the
maximum rate allowed by law shall be assessed on any past due invoice balance. Company shall not be
obligated to perform Services hereunder if Customer is in defuuIt of any of its obligations under this
Agreement for any Order. Upon Customer delimIt, Company may suspend or cancel any outstanding,
unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to
continue performing under any Order, Company's actions shall not constitute a waiver of any defuult by
Customer.
21. Contingencies. Company shall be excused from performance and shall not be liable for any delay or
damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or
of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience,
delay in transportation, failure by suppliers to deliver equipment, governrnental action, terrorism, acts of
any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power
failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance.
PRlVATElPROPRlETARY
com A1NS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE 1lIE
BELLSOUTI! COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 4 ofJ4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676l-02
22. ConfIdentiality.
a) Except as set forth in this Agreement and subject to the Florida Public Records requirements,
each Party agrees that (a) all information communicated to it by the other and identifIed and
marked as "confIdential," whether before or after the date hereof, (b) all information identifIed as
confIdential to which it has access in connection with the Services and ( c) this Agreement, all
associated contract documentation and correspondence, and the parties' rights and obligations
hereunder (collectively, "ConfIdential Information"), will be, and will be deemed to have been,
received in confidence and will be used only for purposes of this Agreement. Each party agrees
to use the same means it uses to protect its own confidential information, but in no event less than
reasonable means, to prevent the disclosure and protect the confIdentiality of ConfIdential
Information. No ConfIdential Information will be disclosed by the recipient party without the
prior written consent of the disclosing party; provided, however, that each party may disclose this
Agreement and any disclosing party's ConfIdential Information to those who are employed or
engaged by the recipient party, its agents or those of its affiliates who have a need to have access
to such information in connection with their employment or engagement, provided the recipient
party notifies such persons of the obligations set forth in this Section and such persons agree in
writing to abide by such obligations.
b) The obligations set forth in subsection 22.1 above will not prevent any party from disclosing
information that belongs to such party or (a) is already known by the recipient party without an
obligation of confIdentiality other than under this Agreement, (b) is publicly known or becomes
publicly known through no unauthorized act of the recipient party, (c) is rightfully received from
a third party, (d) is independently developed without use of the disclosing party's ConfIdential
Information or ( e) is disclosed without similar restrictions to a third party by the party owning the
ConfIdential Information. If ConfIdential Information is required to be disclosed pnrsuant to law,
regulation, tariff or a requirement of a governmental authority, or in connection with an
arbitration or mediation, such ConfIdential Information may be disclosed pursuant to such
requirement so long as the party required to disclose the ConfIdential Information, to the extent
possihle, provides the disclosing party with timely prior written notice of such requirement and
coordinates with the disclosing party in an effort to limit the nature and scope of such required
disclosure. Upon written request at the expiration or termination of an Attachment or order, all
documented ConfIdential Information (and all copies thereot) owned by the requesting party (if
previously received by the terminating party) will be returned to the requesting party or will be
destroyed, with written certifIcation thereof being given to the requesting party. The provisions
of this Section shall remain in effect during the term of the Agreement and shall survive the
expiration or termination thereof for a period of four (4) years, provided that the obligations
hereunder shall continue in effect for any ConfIdential Information for so long as it is a trade
secret under applicable law.
23. BenefIcial Use. BenefIcial Use occurs when the Customer uses the Service or feature of the Service for its
intended operational purpose (excluding training or testing) prior to the full completion of acceptance
testing ("BenefIcial Use"). Upon commencement of Beneficial Use by Customer, payment requirements
will begin and the Customer shall assume responsibility for the use and operation of the Service. Customer
may not commence Beneficial Use without Company's prior written authorization, which may be withheld
in Company's reasonahle discretion. Company is not liable for Service defIciencies that occur during
unauthorized Beneficial Use. Customer acknowledges that service corrections and software changes can
result in interruptions to normal system operations.
24. Statement of Work. Customer's insta1lation of the Service will begin upon the development ofa Statement
of Work by Customer and Company.
25. Warranty Period. Unless expressly provided otherwise in this Agreement, Customer acknowledges that
the Services do not include a warranty period and that billing for the Service will begin upon acceptance or
Beneficial Use by the Customer.
PRIV A TElPROPRlET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DlSCWSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 5 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676l-02
26. This Agreement is not binding upon Company until executed by an authorized employee, partner, or
agent of Customer and Company. This Agreement may not be modifIed, amended, or superseded
other than by a written instrument executed by both parties, approved by the appropriate Company
organization, and incorporated into Company's mechanized system. The undersigned warrant and
represent that the undersigned have the authority to bind Customer and Company to this Agreement.
PRlVATFJPROPRlETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE 1lIE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 6 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option I of I
Offer Expiration: This offer shan expire on: 10/612006.
Estimated service interval fonowing acceptance date: Negotiable weeks.
Service description:
This Special Service Arrangement provides rates and charges for E911 Public Safety Answering
Position (pSAP) equipment and software provided by InterAct Systems, Inc.
This Agreement is for sixty (60) months. The service interval will he negotiated.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on the dates set forth below.
Accepted by:
Customer:
CITY OF BOYNTON BEACH
Inc.
Company:
BellSouth Telecommunications,
~
Authorized Signature
By: BellSouth Business Systems, Inc.
By: ~ &-
Authorized Signature
Printed Name: 'Ha~ KZ~ ~/.OJ.' 1<
Title: <Te c J.,....~ / i!',<J".--< ~".....
(;/d7(](...
By:
Printed Name:
Title:
KURT BRESSN~R
CITY MANAGER
BOYNTON IlU.ell, Fl
~ -.as -ob
Date:
PRlV A TElPROPRlET ARY
CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE TIlE
BELLSOlfJ1l COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 7 of14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Option I of I
RATES AND CHARGES
Rate Elements Non-Recurrinll Monthlv Rate USOC
1 InterAct $.00 $184.00 WllAl
Vertical Software Modules,
Intergrated CAD Geo
-Each
2 interAct $11.00 $91.00 WllAM
Workstation,
CAD
-Each
3 interAct $12.00 $54.00 WlIAT
Monitor,
2 I inch (\8.1 inch viewable LCD)
-Each
4 interAct $30.00 $132.00 WlIF3
Phone,
40 Line,
Desktop
-Each
5 interAct $350.00 $1,024.00 WllFA
Basic Interceptor Controller
(2 Position, 2 Trunks)
-Each
6 InterAct $24.00 $90.00 Wl\FG
Card,
Primary,
Station Card Shelf (holds up to 10
positions)
-Each
7 interAct $18.00 $22.00 WlIFJ
Card,
Caller ID
-Each
8 interAct $39.00 $36.00 W]IFK
Card,
911 Trunk
-Each
9 InterAct $126.00 $572.00 WlIG2
Interceptor MIS Svstem,
PRIVATElPROPRlETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 8 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-6761-02
Option I of I
RATES AND CHARGES
-each
10 interAct $.00 $1.00 WlIG4
Station Slot Cover
-Each
II InterAct $.00 $1.00 WIIG5
Card,
Line Card Shelf Slot Cover
-Each
12 interAct $24.00 $18.00 WIlG6
Card,
Caller ID Line,
Spare
-Each
I3 interAct $12.00 $70.00 WIlG8
Card,
Station,
Primary
-Each
14 interAct $6.00 $6.00 WllGE
Headset Jack
-Each
15 interAct $6.00 $2.00 WllGH
Handset, Cord and Cradle
-Each
16 interAct $12.00 $9.00 WllGK
ALl Display Adapter
-Each
17 interAct $24.00 $28.00 WlIGM
TDDITYY Option
-Each
18 interAct $12.00 $2.00 WlIGO
Mini Keyboard
-Each
19 InterAct $24.00 $52.00 WlIGQ
ALl Display screen
PRlV A TElPROPRlET AR Y
CONTAINS PRIVATE AND/OR PROPRlET ARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT
Page 9 of 14
RATES AND CHARGES
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option ] of I
-Each
20 InterAct $6.00 $104.00 WllGT
Phone,
3240D 40 button,
Desk Mount,
Spare
-Each
21 InterAct $12.00 $60.00 WllGU
Card,
Station,
Primary,
Spare
-Each
22 InterAct $24.00 $62.00 WllGW
Card,
911 Trunk,
Spare
-Each
23 InterAct $12.00 $49.00 WllGX
ALl Display,
Spare
-Each
24 InterAct $50.00 $17.00 WllHB
MIS Application,
User
-each
PRN A TElPROPRlET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE THE
BELLSOUTI! COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page to ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option I of I
RATES AND CHARGES
NOTES:
I. A termination liability charge will be applicable if the Customer terminates all or any part of
the service provided in this Agreement prior to the end of the sixty (60) month service period.
The applicable charge is equal to the number of months remaining in the Agreement term
multiplied by sixty percent (60%) of the monthly rates.
2. The Customer must subscribe to additional elements set forth in this Agreement within the
first twelve (12) months of acceptance of the Agreement. The addition of elements after the
initial twelve (12) month period will require a new Special Service Arrangement.
3. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and
regulations of the General Subscriber Services Tariff apply.
4. This Agreement does not cover the following:
damages caused by disasters such as fire, flood, wind, or earthquake.
damages caused by unauthorized disconnects or de-powering of the equipment.
damages caused by power surges, under voltage, over voltage, brownouts, or ground faults
caused by commercial AC power and/or Customer provided generators.
damages caused by modifications to the equipment, unauthorized attachments, alterations,
modification or relocation of the equipment by an unauthorized person.
damage during shipment other than original shipment to the Customer.
damage caused by consumables or spilled liquids, impact with other objects.
damage caused by any other abuse, misuse, mishandling, misapplication.
damage caused by software viruses, however introduced. This Agreement does not include
hardware or software replacement that may be required by the introduction of software
viruses or lost data regardless of the cause. Company or its supporting vendors may assist in
the repair or recovery efforts at current time and materials rates.
Except as provided in Note 5 below, in addition, in the case of damage, loss, theft or destruction
of the equipment or software not due to ordinary wear and tear, the Customer shall be required to
pay the expense incurred by the Company in connection with the replacement of the equipment
damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition.
5. Company will repair or replace equipment that is damaged by lightning strikes only if the
Customer provides and maintains proper grounding and bonding of the equipment as specified in
the E9-l-I-- PSAP Site Requirements (a document separate from this Agreement). Where
improper grounding is found Company will repair or replace the damaged equipment on a time
and materials basis at the Customer's expense.
6. Hardware not provided by the Company will not be repaired, replaced or maintained by the
Company even though interconnected or integral to the Service. All Customer-provided
equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees
to obtain prior written approval from the Company before additional software is added to the
Service and agrees to pay current time and material charges for problems attributable to non-
approved software.
PRIV A TElPROPRlET AR Y
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE 1lIE
BELLSOUTI! COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page II ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676l-02
Option I of I
7. Customer acknowledges that software installation is limited to the applications sold under this
Or other BellSouth agreements.
8. Customer acknowledges that it has reviewed the proposed configuration and represents storage
sizing is adequate for the current site operations. Future operational changes or additional storage
requirements may necessitate additional equipment which will be billable to the Customer.
9. In the event that all or any part ofthis Agreement is terminated at the Customer's request,
other than for a breach ofthe material terms by Company, prior to the expiration of the
Agreement term, the Customer will be required to pay the applicable termination charge as stated
in this Agreement. The Agreement provisions concerning termination liability shall be
inapplicable to any state, county, or municipal governmental entity when there is in effect, as a
result of action by such entity and through a duly constituted legislative, administrative, or
executive body:
I. a statute;
2. an ordinance;
3. a policy directive; or
4. a constitutional provision
which restricts or prohibits an additional contractual payment for early termination of a contract
by any such entity, or agency thereof, due to an unavailability of funding. When service is being
provided and funding to the governmental entity for such service becomes unavailable, the
governmental entity may cancel the service without additional payment obligation. Absent any
official statute, ordinance, policy directive, or constitutional provision, the Customer shall be
responsible for the termination charge.
All trademarks or service marks contained herein are the property of the respective owners.
END OF ARRANGEMENT AGREEMENT OPTION 1
PRIVATElPROPRlETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCWSED OUTSIDE 1lIE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 12 ofl4
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option I of I
Attachment 1
Service, Support, and Maintenance
BellSouth and InterAct have developed a state-of-the-art monitoring system for PSAP customers.
BellSouth's Regional 9-1-1 Center incorporates remote diagnostic and monitoring tools, which
allow Center technicians to proactively monitor our customers' services, often facilitating
responses to problems before they are reported by our customers.
Network Orange is a remote monitoring device connected directly to the BellSouth Regional 9-1-
I Center, which is manned on a 24x7x365 basis. The InterAct Virtna! Alarm Machine (N AM)
provides major, minor, and critical alarms to Network Orange. Network Orange will dial out to
the BellSouth Regional 9-1-1 Center and report the alarm. The BellSouth Regional 9- I -I Center
will then dial into the system and correct the problem or dispatch a technician to remedy the
issue.
In addition to around-the-clock monitoring, the Regional 9-1-1 Center receives trouble reports
from customers, providing a single point of contact for all service requests, whether related to
PSAP equipment, the 9-1-1 voice network, switching and routing systems, or the data network. It
provides customers with 24x7 dedicated 9-1-1 expertise and is staffed by a team of technicians
specially trained in dealing with the unique requirements of9-I-l systems. BellSouth's Regional
9-1-1 Center represents BellSouth's ongoing commitment to enhancing and expanding service to
our public safety programs. By concentrating knowledge of all of the components of the complex
9-1-1 system at a single point, BellSouth is able to respond to and solve problems faster and more
accurately. Although the Regional 9- I -I Center is located in Charlotte North Carolina, the
technicians who provide on-site repair services are located in or near the communities where 9-1-
I services are used.
The BellSouth Regional 9-1- I Center is supported by the InterAct Help Desk, which has system-
specific software support available 24/7 with remote access support. If the problem cannot be
solved remotely, a technician will be dispatched to the customer site
Installation Date
BellSouth, customer and vendor will jointly determine the installation date for each PSAP and
commit to these dates as part of the Scope of Work documentation. Once that date is determined,
BellSouth will require the vendor to install the product on or before the customer desired dates.
The Installation Date shall not be deemed missed due to installation delays attributable to Force
Majeure or other causes beyond the reasonable control of BellSouth or Customer's applications,
equipment or facilities.
PRlVATElPROPRlETARY
CONTAINS PRlV ATEAND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE 1lIE
BELt.SOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 13 of 14
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL06-676 1-02
Option I of I
Attachment 1
Critical Outage Product Failure/Loss of Service
This class of problem is service affecting and deemed an on-going critical problem which
requires immediate action. Service affecting where service lost means ahility of Center to
properly perform their duties and no work-around is available. Such problems would involve
system failure, major loss of functionality, which renders the part ofthe system inoperable. Such
as loss of voice, roD, ability to transfer calls.
BellSouth will dispatch immediately on a 24 *7 basis for Critical outages. They will use existing
spares if possible to repair the service and will expedite the shipment of additional parts as
needed. BellSouth will engage the yendor on the same basis. Critical outages will be escalated
through the vendor's chain of command so that they reach the vice president level within 5 hours
of initial reporting.
Maior Outage Severelv ImDaired Functionalitv
This class of problem is a feature affecting and deemed an on-going problem that requires
immediate action. Feature affecting means loss of a feature that limits the ability of the Center to
perfonn their duties but the core abilities are unaffected. Such problems would involve the
failure of or loss of functionality of any non-critical fImctional component/feature, however the
system is still operable.
BellSouth will dispatch on a 24 *7 basis with a 2 hour response time for Major Outages.
BellSouth will use existing spares if possible to repair the service and will air freight or fed ex
overnight additional parts as needed. BellSouth will engage the vendor on the same basis.
Minor Problem or Ouerv
This class of problem is non-service affecting. It includes incorrect operation of minor
functionality or system components that are infrequently used and problems which have feasible
work-around available
BellSouth will use existing spares to repair the service and will Fed Ex replacement parts on a 3
day basis.
PRlVATElPROPRlETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCLOSED OUTSIDE 1lIE
BEllSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 14 of 14
The CihJ ol BolJnton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitOj@ci.boynton-beach.fl.us
www.boynton-beach.org
June 28, 2006
Bell South Telecommunications, Inc.
Assistant Vice President
701 NorthPointe Parkway
West Palm Beach, FL 33407
Re:
RESOLUTION NO. R06-109 -Special Service Arranaement Aareement
/
/
Attached for your information and files is a copy of Resolution No. 06-109 and a
partially executed original agreement that was approved by the City Commission at
their regular meeting on June 20th, 2006. Please return the fully executed original
contract for bur files.
If I cal) be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
/~1n.~
Unet M. Prainito, CMC
City Clerk
Attachments
c: Central File
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commlsslon\lnterlocal Agreement with SCRWTD for BenefItS - ll-03-04.doc
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