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HomeMy WebLinkAbout2014-11-10-Meeting Agendawww.augustaga.gov Public Safety Committee Meeting Commission Chamber- 11/10/2014- 1:10 PM PUBLIC SAFETY 1. The Richmond County Sheriff's Office (RCSO) is requesting to use monies from the sale of surplus firearms (152,500.00) to enhance operations within RCSO by the purchase of equipment. Attachments 2. Motion to approve AT&T VIPER Call Handling Upgrade contract. Attachments 3. Motion to approve the minutes of the Public Safety Committee held on October 27, 2014. Attachments 4. Presentation by Mr. Sammie Sias regarding animal control. Attachments Public Safety Committee Meeting 11/10/2014 1:10 PM Approve a request by the Richmond County Sheriff's Office to use funds from the sale of surplus firearms to enhance operations of the Sheriff's Office Department:Richmond County Sheriff's Office Caption:The Richmond County Sheriff's Office (RCSO) is requesting to use monies from the sale of surplus firearms (152,500.00) to enhance operations within RCSO by the purchase of equipment. Background:On October 15, 2014, payment was received from bid item #14- 197, (Disposal of Forfeited or Abandoned Firearms for Sheriff's Office) in the amount of $152,500.00. The Sheriff's Office is requesting to use these monies to enhance operations within the agency. RCSO will use the monies: Replace the existing Glock handguns deputies carry with the newest version of the weapon (Gen 4) The current weapons are 11 years old and Glock manufacturer recommends police weapons changed every 10 years. ($40,000.00) Purchase 420 Body worn cameras for deputies and all hardware and storage devices. ($64,500.00) Purchase a Crime Scene Response truck for the RCSO Crime Scene Unit. This is a specialty vehicle used to respond to crime scene when requested which caries specialized equipment to process the scene. ($48,000.00) Analysis: Financial Impact:This is no financial impact to Augusta/Richmond County the monies were obtained from the sale of surplus weapons. Alternatives:none Recommendation:Approve the request for the use of funds ($152,500.00) by the Richmond County Sheriff's Office to enhance operations for purchasing equipment. Funds are Available in the Following Accounts: RCSO request these funds placed in 273-03-1310-5311/6160 Budget should be amended to place revenue in proper account and also to increase exp level. dbw Cover Memo Item # 1 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Attachment number 1 \nPage 1 of 1 Item # 1 Public Safety Committee Meeting 11/10/2014 1:10 PM AT&T VIPER Call Handling Upgrade contract Department:Augusta 9-1-1 Center Caption:Motion to approve AT&T VIPER Call Handling Upgrade contract. Background:The Augusta 9-1-1 Center's VIPER system was the first fielded in Georgia. AT&T is going to end support for our current model due to its age in the near future which will require utilizing third party vendors for maintenance. The current system also needs to be upgraded to current 911 technology and to support the pending NG 911 transformation. Analysis:After extensive negotiations with AT&T, the AT&T Special Service Arrangement Agreement has been approved as to form by Law Department. The contract is for sixty (60) months at $6,283.40 per month for a total of $377,004.00. Financial Impact:Total cost of the contract $377,004.00. Alternatives:Deny and recommend alternate technology source for receiving 911 calls. Recommendation:Approve the AT&T VIPER Call Handling Upgrade contract. Funds are Available in the Following Accounts: 631000000-1119114/272 Fund REVIEWED AND APPROVED BY: Cover Memo Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 1 of 14 AT&T and Customer Confidential Information This Special Service Arrangement (SSA) Agreement (“Agreement”) is by and between BellSouth Telecommunications, LLC d/b/a AT&T Georgia, (“Company”) and Augusta, Georgia, a political subdivision of the state of Georgia (“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. 1. Scope. Customer requests and Company agrees, subject 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, charges, 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 of this 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 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. A) Failure of Company, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default and Customer may terminate this Agreement in part or in whole upon written notice to the Company pursuant to this term and shall not be responsible for any termination fees; (B) Customer has the right to cancel this Agreement at any time prior to the expiration of the Service period set forth in this Agreement for its convenience, but shall be responsible for termination charges in the amount of twelve (12) times the average charge for one month’s fees paid by Customer to Client for Services or all remaining charges as a result of the minimum Service period agreed to by the Company and Customer, whichever is less 7. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Georgia. A suit brought to enforce the terms and conditions of this Agreement shall be filed in the Superior Court of Richmond County in the State of Georgia or in the United States District Court for the Southern District of Georgia, Augusta Division. By Attachment number 1 \nPage 1 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 2 of 14 AT&T and Customer Confidential Information signing this Agreement, the Parties specifically consent to and waive any argument regarding venue in Richmond County. 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 forth 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. Company BellSouth Telecommunications, LLC d/b/a AT&T Georgia Assistant Vice President 2180 Lake Blvd., 7th Floor Atlanta, GA 30319 Customer Augusta, Georgia c/o 911 Director 911 4th Street Augusta, GA 30901 With a copy to: General Counsel Augusta, Georgia Law Department 520 Greene Street Augusta, GA 30901 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. 11. 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. All 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, government, or Attachment number 1 \nPage 2 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 3 of 14 AT&T and Customer Confidential Information governmental 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. All risk of loss or damage shall pass to Customer as to each item of equipment on the date of delivery to the Customer Service location. 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 alter the original 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 determined 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 fault 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) Additional equipment. Customer acknowledges that the equipment 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 of a written change order, which will include any additional charges to Customer. D) Customer acknowledges that it has reviewed the proposed configuration and the customer’s facilities are adequate for the site operations. Future operational changes or additional requirements may necessitate additional equipment which will be billable to the Customer. AT&T’s Site Preparation Document provides customer with physical backroom space requirements for equipment cabinets. In addition, a site survey is performed before equipment is installed. Attachment number 1 \nPage 3 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 4 of 14 AT&T and Customer Confidential Information 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. 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. The initial term may be renewed for successive one-year terms of up to five (5) years by the written mutual consent of the Parties. 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 undertakings 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, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER UNAUTHORIZED USE, OR LOSS OF USE. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY, NEGLIENCE 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 POSSIBILITY OF SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY DEFAULT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR OR REPLACEMENT IS NOT REASONABLY AVAILABLE. 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. Additionally, 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 one and a half (1.5%) 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 default of any of its obligations under this Agreement for any Order. Upon Customer default, 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 default 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, governmental 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. 22. Confidentiality. Attachment number 1 \nPage 4 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 5 of 14 AT&T and Customer Confidential Information A) Except as set forth in this Section, and as required by federal, state, or local law, or as otherwise expressly provided in this Agreement, 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.A 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 pursuant 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 possible, 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 thereof) 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 reasonable 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 installation of the Service will begin upon the development of a 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. 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 Attachment number 1 \nPage 5 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 6 of 14 AT&T and Customer Confidential Information and Company to this Agreement. Company acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Company is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Company's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Company may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Company agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Company provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Company. Company assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. 27. (A) Insurance. Company shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Customer against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Company in performance of the work during the term of this Agreement. Company shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: (i) Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. (ii) Public Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. (iii) Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. Customer will be named as an additional insured with respect to Company’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by Customer, and shall be noncancellable except on thirty-(30) days' written notice to Customer. Such policies shall name Customer as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. (B) Liquidated Damages. Company agrees to pay as liquidated damages to the Customer the sum of $5.00 for each consecutive calendar day after expiration of the delivery date, except for authorized extensions of time by Customer. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Customer for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Customer from recovering other damages in addition to the payments made hereunder which Customer can document as being attributable to the documented Company failures. In addition to other costs that may be recouped, Customer may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. (C) Miscellaneous. Attachment number 1 \nPage 6 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Page 7 of 14 AT&T and Customer Confidential Information (i) To the extent that it does not alter the scope of this Agreement, Customer may unilaterally order a temporary stopping of the work or delaying of the work to be performed by Company under this Agreement for no more than thirty (30) days at any instance. (ii) Company warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Company for the purpose of securing business and that Company has not received any non-Customer fee related to this Agreement without the prior written consent of Customer. For breach or violation of this warranty, Customer shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. (iii) The terms of this Agreement supersede any and all provisions of the Georgia Prompt Payment Act. (iv) Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Company or any subcontractor of Company or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. (v) In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Company expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Company shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. Attachment number 1 \nPage 7 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 Page 8 of 14 AT&T and Customer Confidential Information Offer Expiration: This offer shall expire on: 11/30/2014. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Special Service Arrangement provides a one-time charge for purchase and installation of Positron Public Safety Systems Corporation E911 Public Safety Answering Point (PSAP) equipment and software. The monthly rate for maintenance is also provided. This Agreement is for sixty (60) months. Upon mutual agreement of the parties, Customer may renew this Agreement to provide for an upgrade of the E911 equipment/service. An Upgrade is defined as a replacement of existing equipment to available newer technology at the time of the request. . 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: Augusta, Georgia, a political subdivision of the state of Georgia By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Company: BellSouth Telecommunications, LLC d/b/a AT&T Georgia By: __________________________________________ Authorized Signature Printed Name: __________________________________ Title: ______________________________________ Date: ______________________________________ Attachment number 1 \nPage 8 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 RATES AND CHARGES Page 9 of 14 AT&T and Customer Confidential Information Rate Elements Non-Recurring Monthly Rate USOC 1 Positron Intrado Viper E911 System Upgrade, Purchase $95,645.00 $.00 2 Positron Viper Integrated ACD $55,676.00 $.00 3 Positron Viper Critical Spares Kit $10,135.00 $.00 4 Positron ePrinter $1,172.00 $.00 5 Positron Intrado Power IWS Hardware $89,244.00 $.00 6 Positron Backup UPS Workstations & Servers $20,460.00 $.00 7 Positron Multi-Node Equipment $20,479.00 $.00 8 Positron Installation Services $70,582.00 $.00 Attachment number 1 \nPage 9 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 RATES AND CHARGES Page 10 of 14 AT&T and Customer Confidential Information 9 Positron Training Services $14,160.00 $.00 10 Positron Software Support $.00 $720.00 11 Positron Intrado Software Subscription & Evergreen Policy $.00 $2,250.00 12 Positron Hardware Maintenance & Onsite Support $.00 $2,151.00 13 Positron 3 Backup (BU) Laptop Positions (Optional) $30,598.00 $.00 14 Positron Software Support - 3 BU Laptop Positions (Optional) $.00 $144.00 15 Positron Software Subscription & Evergreen Policy - 3 BU Laptop Pos (Optional) $.00 $450.00 Attachment number 1 \nPage 10 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 RATES AND CHARGES Page 11 of 14 AT&T and Customer Confidential Information 16 Positron Hardware Maintenance & Onsite Support - 3 BU Laptop Position(Optional) $.00 $135.00 17 Positron Viper Equipment, per addl position (Optional) $5,964.00 $.00 18 Positron Power 911 Software, per addl positon (Optional) $8,777.00 $.00 19 Positron Power MIS Software, per addl position (Optional) $620.00 $.00 20 Positron Power Map Software, per addl position (Optional) $3,259.00 $.00 21 Positron IWS Hardware, per addl position (Optional) $2,794.00 $.00 22 Positron Staging, per addl position (Optional) $600.00 $.00 23 Positron Installation, per addl position (Optional) $2,040.00 $.00 Attachment number 1 \nPage 11 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 RATES AND CHARGES Page 12 of 14 AT&T and Customer Confidential Information 24 Positron Project Management, per addl position (Optional) $475.00 $.00 25 Positron Software Support, per addl position (Optional) $.00 $48.00 26 Positron Software Subscription & Evergreen Policy, per addl position (Optional) $.00 $150.00 27 Positron Harware Maintenance & Onsite Support, per addl position (Optional) $.00 $135.00 Attachment number 1 \nPage 12 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 Page 13 of 14 AT&T and Customer Confidential Information RATES AND CHARGES NOTES: 1. 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. 2. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 3. 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 4 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. 4. 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 E9-1-1-- 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. 5. 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. 6. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 7. 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. 8. In the event that all or any part of this Agreement is terminated at the Customer's request 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, parish, or municipal Attachment number 1 \nPage 13 of 14 Item # 2 Special Service Arrangement Agreement Case Number GA14-0310-04 Option 1 of 1 Page 14 of 14 AT&T and Customer Confidential Information 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: 1. 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 Attachment number 1 \nPage 14 of 14 Item # 2 Augusta, Georgia 911 Call Handling Quote 5-May-14 16 Answering Positions and 3 Portable Laptop Answering Positions Prepared by: Dutch Heineck - AT&T Public Safety Description NRC MRC Notes Viper upgrade $101,609.00 $5,699.00 Power 911 Software $8,777.00 Power MIS Software $620.00 Power MAP Software $3,259.00 critical spares $10,135.00 E Printer $1,172.00 IIWS Hardware $92,038.00 Backup UPS $20,460.00 Multi-Node equipment $20,479.00 Connection to Fort Gordon Backup Laptop Positions $30,598.00 this includes power map and power mis Installation Services $73,697.00 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # 2 Training $14,160.00 TOTAL $377,004.00 $5,669.00 At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # 2 Public Safety Committee Meeting 11/10/2014 1:10 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Safety Committee held on October 27, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 2 Item # 3 Attachment number 1 \nPage 2 of 2 Item # 3 Public Safety Committee Meeting 11/10/2014 1:10 PM Sammie Sias Department:Clerk of Commission Caption:Presentation by Mr. Sammie Sias regarding animal control. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 1 Item # 4