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1-8-07 Item 4B AGENDA ITEM # 413 JANUARY 8, 2007 REPORT City of Beach Commission Meeting AGENDA ITEM: Emergency Notification System SUBMITTED BY: December 28, 20'0'6 David E.. Thompsb1fChief of Police/DPS DATE: BACKGROUND: In November 20'06, the City Commission was made aware of an emergency notification system for use communicating with the public the event ofan emergency. At that time, the specific company discussed with the City Commission was Code Red. Since that time, staff identified a competitor that provides similar services and additional options at a better price. FirstCaU provides the ability for the City of Atlantic Beach to contact citizens in specific areas during emergencies. It provides access to communicati.ons center either through the internet or through telephonic communication. The price for annual services is $5,620, compared to the $7,50'0' quote from Code Red. The cities of Neptune Beach and Jacksonville Beach are also pUIsuing a contract with FirstCaU for these services. The p'lupose of this staff report is to authorize the City Manager to sign the appropriate contracts with FirstCaU. City Attorney Alan Jensen has reviewed and approved the contract. BUDGET: This was not specifically budgeted in the 20'06-07 Public Safety Budget However, the Public Safety Budget can probably absorb this expenditure without the for a budget modification. RECOMMENDATIONS: Approval for the City Manager to sign a contract with FirstCaU for providing Emergency Communications Services. A TT ACHMENTS: Municipal Contract Outline to be completed and signed between FirstCall and the City of Atlantic Beach REVIEWED BY CITY MAN NDA ITEM NUMBER: AGENDA ITEM. #' 413 JANUARY 8,. 2007 MUNICH) AL CONTRACT BY AND BETWEEN :FIRSTCALlJ NETWORK, INC.. AND Agreement made this ~~, of ~'"__ by and between First Call Network, Inc. ("First CaB Network"), a corporation duly organized and existing under the laws of the State of Louisiana with principal business offices located at 5423 Galeria Drive, Baton Rouge, Louisiana 70'816 AND The City oIAtlantic Beach, FL, existing under the laws of the state of Florida with principal business offices located at 800 Seminole Road Atlantic Beach FL 32233 (hereinafter referred to as ""Subscriber") WHEREAS, First Call Network provides a service, the purpose of which is to assist municipalities and other organizations in large scale emergency telephone communications and WHEREAS, the Subscriber desires to engage the services of f'irst Call Network for the purpose of coordinating a program and service within its area such that large scale emergency telephone communications to residents and other identified contacts may be implemented; NOW, THEREFORE, in consideration of mutual agmements, covenants, and promises herein contained, the parties agree as follows: 1. The Subscriber with the assistance of First CaU Network shall identify, establish, and designate specific geographic areas within the boundaries of the Subscriber. Such geographic areas shall be indicated on First Call public maps or compu.ter mapping programs. The Subscriber may provide required maps with a copy of any mapping soflware used, at no expense to I~irst Call Network. 2. First Call Network shall provide, program, and store inIFirst Call Network's computers, a list of commercially available residential and business telephone numbers within the municipality. First Call Network shall utilize a list provided by the Subscriber if the Subscriber so chooses. Such numbers shall be programmed to Access Geographic Areas of the municipality by location. (If the municipality wishes to include the tekphonemunbers of residents who have unlisted numhers, the municipality shall collect and forward to First Call Network such names, addresses, and phone numbers. First Call Network will use its best efforts to add. such names, addresses, and phone numbers to the database. First Call Network win maintain the confidentiality of an unlisted numbers.) In addition, the Subscriber may provide all telephone data or numbers and addresses for the hearing impaired and the physically challenged in an approved format. AGENDA ITEM # 4B JANUARY 8, 2007 3. In addition to providing service to geographically defined areas within the contract service area, the Subscriber may provide with each contract up to 25 discrete lists ofpubHc safety personnel and public safety facilities. First Call Network will maintain the confidentiality of aU telephone numbers received from the Subscriber. Updates may be provided on disk, CD or via emaH in First Call Network approved database files. New listings and additional unlisted telephone numbers shall be incorporated into the database once each contract year quarter at no charge. Also, the Subscriber shall, whenev,er possible, provide 911 telephone data for inclusion in the geographically defined area at no additional expense to First Call Network. 4. 'Ibe Subscriber and First Can Network shan agree upon, prior to utilizing the services of First Call Network, the administrative offices and personnel shall be authorized to access said services.. A written list of these authorized users must be provided to First Call Network and signed by an authoriz.ed representative of the Subscriber. Any changes to the list of authorized users must be submitted the same manner. The Subscriber and First Can Network shall coordinate eflorts to train those personnel who are authorized to access the services of First Call Network. 5 . Upon reeei ving a request from authorized personnel, the servic,es of First Call Network shaU be activated and all calls placed as instructed by the Subscriber. 6. For each requested activation, First Call Network shan record the amount of system usage used on behalf of the Subscriber. First Can Network shan thereafter fax and lor e-mail a report of the telephone calls made and the number of messages delivered. 7. First Call Network agre'es to provide trained personnel to activate the client requested services on a twenty-four (24) hour per day, seven day a we,ek basis, at First Call Network headquarters. 8. First CaU Network. agrees to provide the Subscriber with forty five thousand 30' second, calls per year at no charge.. Once the included calls are exhausted, an additional bank: of fifty thousand 30 second caUs will be added to the account and invoiced at $1000'.00'. A translation Fee of $25.00 will be charged to cover the costs associated with Langnage Line Services. Should th.e Subscriber choose to translate the message in-house and transmit it to FirstCall, the translation fee will not apply. The Subscriber agrees to compensate First Call Network within 30 days of the invoice date. 9. In the event the Subscriber fails to compensate First Can Network within 60' days of billing, First Can Network shall be 'lffider no obligations to provide the Subscriber with additional services. Interest charges of 1.5% per month shaH be incurred by the Subscriber on balances unpaid after 60 days from date of invoice. In addition,. First Can Network has the right to deduct any outstanding charges from any remaining prepaid balanc,e of the service year contract. 10'. First CaU Network shall not be responsible for .any acts or omissions of the Subscriber or its administrative offices, their employees, agents, contractors, oflicers, or directors resulting in AGENDA ITEMII4B JANUARY 8, 2007 the failure of First Call Network to perform under this agreement by reason of strikes, Acts of God, breakdown of telephone lines and service, power shortages or outages, or other causes beyond the reasonable control of First Can Network. 11. The parties expressly acknowledge that First Call Network is contracted by the Subscriber only for the purposes and to the extent set forth in this agreement, and the relation of First Call Network to the Subscriber shall during the period or periods hereunder, be that of an independent contractor. First Call Network shall not be considered as having employee, subcontrac~or, agent, or joint venture status. 12. This agreement shall take effect on and shan continue for a period of five (5) years, ending on """"""_" . The first year's or annual payment is due upon the completed execution of this agreement. This agr'eement can be cancelled by either party with a written 60 day notice. The annual fee schedule for each 12 month period is as follows: 1st twelve month period $5,.620.00 2nd twelve month period $5,620.00 due 3rd twelve month period $5.500.00 due 4th twelve month period $5.500.00 due 5th twelve month period $5.500.00 due 13. No guarantee is made of the accuracy of phone numbers provided by the client or commercial sources except to the extent that ordinary business care will be taken in the acquisition, receipt, maintenance, and extraction of data so acquired or provided. No representation is made that the person intended to receive the call will be physically present No representation is made that First (:;all Network will attempt to verify physical presence or mental understanding of the delivered message. 14. This agreement sets forth the entire und,erstanding and agreement between the parties. This agre'ement may be modified or changed only in writing, and such modifications and changes must be signed by both parties under the laws of the State of Florida. 15. This agreement shall be interpreted and construed under the laws of the State of Florida. 16. If any provision of this agreement is invalid under any applicable statute or rule oflaw, it is to that extent to be deemed omitted, and the remaining provisions of the agreement shall remain intact. FIRS]' CALL NETWORK, INC. Matthew Teague,.._._..__ By: print/type name Signature SUBSCRIBER By: print/type name Signature AGENDA ITEM # 4B JANUARY 8, 2007 Vice President Title Date Title Date