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HomeMy WebLinkAbout2004-101B ORIGINAL s - SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -006 oq - lel This Special Service Arrangement (SSA) Agreement ( " AgreeA4 ent ") is by and between BellSouth Telecommunications , Inc . , a Georgia corporation, d/b/a BellSouth, ( "Company " ) and INDIAN RIVER COUNTY ( " Customer or Subscriber ") , and is entered into pursuant to Tariff Section A5 of the General Subscriber & Private Line Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment( s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1 . Subscriber 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 Subscriber 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 the date upon which installation of the service is completed . 2 . Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service . Subscriber agrees to be responsible for all rates , charges and conditions for any additional tariffed services that are ordered by Subscriber. 3 . 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 . 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 . If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber 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 . The rates, charges , and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so , Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements . PRIVATE,TROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. . Page 1 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 7 . (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges . Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement . (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement . Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges . However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement . 8 . This Agreement shall be construed in accordance with the laws of the State of Florida . 9 . 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, Inc . Assistant Vice President 13450 W . Sunrise Blvd, Ste 600 Sunrise , FL 33323 Subscriber INDIAN RIVER COUNTY 1840 25TH ST VERO BCH , FL 32960 10. Subscriber 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. 11 . 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. 12 . Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions . Subscriber further agrees that this Agreement, and PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION . MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. . Page 2 of 14 i SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 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 . 13 . 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. 14. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber 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 they have the authority to bind Subscriber and Company to this Agreement . PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT . . Page 3 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 Offer Expiration : This offer shall expire on : 7/24/04 . Estimated service interval following acceptance date : Negotiable weeks . Service description : This Special Service Arrangement provides a one-time charge for purchase and installation of E911 Public Safety Answering Position (PSAP) equipment and software provided by InterAct Systems , Inc . The monthly rate for maintenance is also provided . This Agreement is for sixty (60) months . The service interval will be negotiated. This Agreement shall be extended for additional one -year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Customer Initials C-6 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 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 : Subscriber: INDIAN RIVER COUNTY r By: '� Authorized Signature Printed Name : Caroline D . Ginn Title : Chairman Date : May 4 , 2004 Company: BellSouth Telecommunications, Inc . By : BellSouth Business Systems, Inc . By : Authorized Signature Printed Name : Title : ( C'C ( J 1��1�1 C Al � . Date : PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of I RATES AND CHARGES Rate Elements Non-Recurrin ; Monthly USOC 1 . Nonrecurring Charge = Customer $ 15106 . 00 $45 . 00 W1 US Purchase (includes installation) Monthly Rate = Maintenance InterAct CAD/GIS/CTI Monitor - Flatscreen, 17 Inch a) each 2 . Nonrecurring Charge = Customer $ 1 ,439 . 00 $ 59 . 00 W11JT Purchase (includes installation) Monthly Rate = Maintenance InterAct CAD/GIS/CTI Monitor - Flatscreen, 21 Inch a) each 3 . Nonrecurring Charge = Customer $ 5 , 711 . 00 $ 37 . 00 W l IJ 1 Purchase (includes installation) Monthly Rate = Maintenance InterAct Vertical Software Modules - GIS Interface with CAD Software a) each 4 . InterAct $286 . 00 $ . 00 W11J9 Training GIS (standalone) - User a) each 5 . InterAct $ 714 . 00 $ . 00 W 11 KA Training GIS - Supervisor a) each 6 . InterAct $ 71 . 00 $ . 00 WI IKO Documentation GIS - User a) each 7 . InterAct $ 71 . 00 $ . 00 WIIKP Documentation GIS - Supervisor a) each 8 . Nonrecurring Charge = Customer $6 ,350 . 00 $ . 00 WI 12T Purchase (includes installation) Monthly Rate = Maintenance InterAct PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 6 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 RATES AND CHARGES Time Sync Package - GPS, 4 Port a) each 9 . Nonrecurring Charge = Customer $ 1 , 100 . 00 $ . 00 W 112U Purchase (includes installation) Monthly Rate = Maintenance InterAct TimeTap Module a) each 10 . Nonrecurring Charge = Customer $ 100 . 00 $ . 00 WI 12V Purchase (includes installation) Monthly Rate = Maintenance InterAct Time Sync Package - TimeTap Module Cable a) each 11 . Nonrecurring Charge = Customer $ 723 . 00 $ 8 . 00 WI IK9 Purchase (includes installation) Monthly Rate = Maintenance InterAct Appian Quad Video Card a) each 12 . Nonrecurring Charge = Customer $ 1 , 785 . 00 $20 . 00 W 11 K3 Purchase (includes installation) Monthly Rate = Maintenance InterAct ESRI Arcview 3 .2 q) each 13 . Nonrecurring Charge = Customer $55199 . 00 $ 70 . 00 W 11 K4 Purchase (includes installation) Monthly Rate = Maintenance InterAct Flatscreen Monitor 21 inch - Touchscreen a) each 14 . Nonrecurring Charge = Customer $29 ,604 . 00 $254 . 00 WI 14A Purchase (includes installation) Monthly Rate = Maintenance InterAct Basic InterAct Interceptor Controller (2 Position, 2 Trunks) PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION . MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 7 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 RATES AND CHARGES a) each 15 . Nonrecurring Charge = Customer $ 17 , 317 . 00 $ 77 . 00 WI 14B Purchase (includes installation) Monthly Rate = Maintenance InterAct CTI Interceptor First Position - without Monitor a) each 16 . InterAct $ 12 ,468 . 00 $ 55 . 00 WI 14C CTI Interceptor Additional Positions - without Monitor a) each 17 . InterAct $2 ,025 . 00 $ 18 . 00 W 11X8 Station Card, Primary a) each 18 . InterAct $2 ,489 . 00 $24 . 00 WI 14D Secondary Shelf for Interceptor a) each 19 . Nonrecurring Charge = Customer $ 1 , 066 . 00 $ 9 . 00 WI 14E Purchase (includes installation) Monthly Rate = Maintenance InterAct Secondary Station Card Shelf for Interceptor a) each 20 . Nonrecurring Charge = Customer $2 , 493 . 00 $25 . 00 WI 14F Purchase (includes installation) Monthly Rate = Maintenance InterAct Additional Line Card Shelf (holds 10 line cards or 911 trunk cards) a) each 21 . Nonrecurring Charge = Customer $2 ,493 . 00 $25 . 00 WI 14G Purchase (includes installation) Monthly Rate = Maintenance InterAct Additional Station Card Shelf (holds up to 10 positions) PRIVATE/PROPRIETARY 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 FL04-4173 -00 Option 1 of 1 RATES AND CHARGES a) each 22 . Nonrecurring Charge = Customer $ 923 . 00 $ 10 . 00 WI 14H Purchase (includes installation) Monthly Rate = Maintenance InterAct AC SIG/Lamp/Ring Supply a) each 23 . Nonrecurring Charge = Customer $ 11009 . 00 $ 11 . 00 W 1 I H 1 Purchase (includes installation) Monthly Rate = Maintenance InterAct AC Talk Supply a) each 24 . Nonrecurring Charge = Customer $628 . 00 $ 5 . 00 WI 14J Purchase (includes installation) Monthly Rate = Maintenance InterAct Caller ID Card for Interceptor a) each 25 . Nonrecurring Charge = Customer $ 1 , 219 . 00 $ 12 . 00 W 114K Purchase (includes installation) Monthly Rate = Maintenance InterAct Additional 911 Trunk Cards a) each 26 . Nonrecurring Charge = Customer $ 152 . 00 $ 1 . 00 WI 14P Purchase (includes installation) Monthly Rate = Maintenance InterAct Cable and Block for Additonal 25 lines a) each 27 . Nonrecurring Charge = Customer $ 1 , 939 . 00 $ 15 . 00 WI 14R Purchase ( includes installation) Monthly Rate = Maintenance InterAct 83 Inch High Floor Cabinet a) each 28 . InterAct $ 1 , 666 . 00 $ . 00 WI 14V PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 9 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 RATES AND CHARGES Training Interceptor - Setup Fee - Customer location (Note : If training at InterAct, Setup Fee will not apply. ) a) each 29 . InterAct $238 . 00 $ . 00 WI 14W Training Interceptor - User a) each 30 . InterAct $ 333 . 00 $ . 00 WI 14X Training Interceptor - Supervisor a) each 31 . InterAct $ 524 . 00 $ . 00 WI 14Z Training Interceptor - MIS System - User a) each 32 . Nonrecurring Charge = Customer $486 . 00 $4 . 00 W 11 XB Purchase (includes installation) Monthly Rate = Maintenance InterAct Telephone Radio Headset Interface a) each 33 . Nonrecurring Charge = Customer $959 . 00 $ 11 . 00 W1 IXP Purchase (includes installation) Monthly Rate = Maintenance InterAct Instant Recall Recorder a) each 34 . Nonrecurring Charge = Customer $ l , 596 . 00 $ 18 . 00 W 11 XU Purchase (includes installation) Monthly Rate = Maintenance InterAct Station Card, Primary (spare) a ) each 35 . Nonrecurring Charge = Customer $ 1 , 066 . 00 $ 9 . 00 W 11HS Purchase (includes installation) Monthly Rate = Maintenance InterAct Secondary Station Card a) each PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 10 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 RATES AND CHARGES 36 . Nonrecurring Charge = Customer $2 ,208 . 00 $ 6 . 00 W11XW Purchase (includes installation) Monthly Rate = Maintenance InterAct 911 Trunk Card (spare) a) each 37 . Nonrecurring Charge = Customer $ 15 , 145 . 00 $ 82 . 00 W 11X2 Purchase (includes installation) Monthly Rate = Maintenance InterAct Interceptor MIS System a) each 38 . Nonrecurring Charge = Customer $452 . 00 $ 5 . 00 W 11 HT Purchase (includes installation) Monthly Rate = Maintenance InterAct MIS Application - User a) each 39 . Nonrecurring Charge = Customer $24 . 00 $ . 00 W 11X4 Purchase (includes installation) Monthly Rate = Maintenance Station Slot Cover a) each 40 . Nonrecurring Charge = Customer $ 14 . 00 $ . 00 W 11X5 Purchase (includes installation) Monthly Rate = Maintenance InterAct Line Card Slot Cover a) each 41 . Nonrecurring Charge = Customer $491 . 00 $ 5 . 00 W 11X6 Purchase (includes installation) Monthly Rate = Maintenance InterAct Caller ID Line Card a) each 42 . InterAct $ 14 . 00 $ . 00 W 11 X 1 S3200 Operator Manual 43 . InterAct $ 100 . 00 $ . 00 W1196 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 11 of 14 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 RATES AND CHARGES Mapping using customer's existing centerline data , Per hour 44 . InterAct $ 60 . 00 $ . 00 W1197 InterAct developed centerline data , Per Road mile 45 . Nonrecurring Charge = Customer $ 100 . 00 $ 11 . 00 W1 198 Purchase (includes installation) Monthly Rate = Maintenance InterAct Time View 400 Wall Display, Each 46 . InterAct $ 1 ,452 . 00 $ . 00 W1199 Train the Trainer, Per day 47 . Contract Preparation Charge $223 . 00 $ . 00 WGGVF PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 12 of 14 I • SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 RATES AND CHARGES NOTES : Note 1 : 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 . Note 2 : The Customer must subscribe to rate elements within the first twelve ( 12) months of acceptance of the Agreement. Addition of equipment beyond the initial twelve ( 12) month period will require a new Special Service Arrangement . Note 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. Note 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. In addition, in the case of damage, loss , theft or destruction of the equipment or software due to the negligence or willful act of the Customer or other persons authorized to use the equipment or software, and 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. Note 5 : The Customer must provide proper grounding and bonding of the equipment as specified in the E9- 1 - 1 PSAP Site Requirements (a document separate from this Agreement) . Note 6 : Devices not provided by the Company will not be maintained by the Company even though interconnected or integral to the system . The Customer also agrees to obtain prior written approval from the Company before additional software is added to the system and agrees to pay current time and material charges for problems attributable to non-approved software . PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 13 of 14 ♦ V SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL04-4173 -00 Option 1 of 1 Note 7 : Trademarks or service marks herein are the property of the respective owners . Note 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, 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: 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. END OF ARRANGEMENT AGREEMENT OPTION 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 14 of 14 RESOLUTION NO * 2004= Q$ A RESOLUTION OF INDIAN RIVER COUNTY , FLORIDA , APPROVING A LEASE/PURCHASE AGREEMENT WITH BELL SOUTH FINANCIAL SERVICES EQUIPMENT LEASING FOR LEASE AND PURCHASE OF A 911 EQUIPMENT UPGRADE AND SPECIAL SERVICE ARRANGEMENT AGREEMENT WHEREAS , Indian River County has established a County-wide 911 emergency system and the Indian River County Department of Emergency Services is the appointed 911 emergency services coordinator for the County ; and WHEREAS , the County' s current lease for its 911 emergency system equipment and service agreement is about to expire and after seven years of service , the system ' s technology is outdated and it is becoming difficult to service and maintain ; and WHEREAS , recent advances in technology have allowed for expanded capabilities for 911 emergency equipment . Emergency systems now have improved software and other system features that dramatically increase the level of service available to the citizens of Indian River County ; and WHEREAS , improving the County' s 911 emergency system is in the best interests of the citizens and would improve the health , safety and welfare of the citizens of Indian River County ; and WHEREAS , the County receives 911 surcharge tax funds from the State of Florida . Those funds must be spent on improvements to the County' s 911 system or they escheat to the State ; and WHEREAS , the Board recognizes that a true need exists for the acquisition of the equipment and associated software licenses (the system ) described in the attached Master Lease/Purchase Agreement , related schedules and amendments and Special Service Arrangement Agreement thereto ; NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA , that : 1 . The terms of the Master Lease/Purchase Agreement, related schedules and amendments and Special Service Arrangement Agreement are approved and in the best interests of the County . The Chairman of the Indian River County Board of County Commissioners , Caroline D . Ginn , is hereby authorized to execute the following documents on behalf of the Board : a . Master lease/purchase agreement and addendums thereto b . Certificate as to Non -Arbitrage c . IRS Form 8038-G , Information Return for Tax- Exempt Government Obligations d . Special Service Arrangement Agreement F :Wttomey\Bill\Dictation\Committees\911 lease purchase reso. doc RESOLUTION NO . 2004- 048 2 . In order to expedite the consummation of the transactions contemplated by the above referenced documents , John King , the Director of Emergency Services , is hereby authorized to execute the following documents on behalf of the Board of . County Commissioners : a . Amortization table b . Sales tax exemption form c. Acceptance Certificate d . Equipment Schedule e . Equipment and software listing 3 . The Clerk to the Board is hereby directed to complete and execute the Certificate of Incumbency. The resolution was moved for adoption by Commissioner Adams , and the motion was seconded by Commissioner Neuberger , and , upon being put to a vote , the vote was as follows : Chairman Caroline D . Ginn Afire Vice Chairman Arthur R . Neuberger Aye Commissioner Kenneth R . Macht Ave Commissioner Thomas B . Lowther Age. Commissioner Fran B . Adams AL The Chairman thereupon declared the resolution duly passed and adopted this .4jh day of May , 2004 . INDIAN RIVER COUNTY Board of County Commissioners Attest: J . K . Barton Clerk By"V 'I' Caroline D . Ginn , C firman puty Clerk iApproved for for and g I BCC approval date May 4 12004 s c' y: R i liam K . eBraal Assistant County Attorney 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO : John King, Director of Emergency Services FROM : Francy Sherwood, Rep/Radio System Manager DATE . October 1 , 2004 SUBJECT : JCO Lease Addendum (SLG) — Bell South/Interact Attached is the JCO Lease Addendum (SLG) to Agreement #7297850401 , BSFS Equipment Leasing for the Bell South/Interact wireless equipment. The addendum is due to a credit of $ 1 ,094. 00. The following items are attached to the addendum , new amortization schedule, copy of Bell South bill for each PSAP, tag schedule forms 8038-G. Copy to : Paula Cantlon Rachel Ivey Lessor BSFS Equipment Leasing , A Component of General Electric Capital Corporation JCO Lease Addendum (SLG) Lessee Indian River County Agreement No./Schedule No. 7297850-001 Billing Address Attention 1840 25th Street Francy Sherwood City County State Zip Code Vero Beach FI 32960 System Address (if different from Billing Address) City County State Zip Code 4055 418' Ave. — Sherrif's Vero Beach FI 32960 1055201h Street — Vero PD Vero Beach FI 32960 JCO LEASE ADDENDUM TERMS AND CONDITIONS This Addendum is made with respect to the above - Date of this JCO Lease Addendum referenced Schedule to the Master Lease/Purchase Agreement made by and between Lessor and Lessee referenced above ( ° Lea sei " ) . Any capitalized used �- 9/22/04 in this Addendum not otherwise defined shall have the meaning given to it in the Lease . In accordance with and under the authority granted Price (previous) Price (as amended) Lessor in Section 3 of the Agreement , Lessor hereby notifies Lessee that the changes shown herein with $393 , 169 . 00 $3929075 . 00 respect to Price and Rent apply to the Lease as a result of additions and/or deletions ("JCO (s)") to the Equipment and/or Software prior to the Commencement Date of the Term of the Lease . Rent (previous) Rent (as amended) The list of Equipment and Software by quantity and See original Amortization ( g (See new Amortization description set forth in the Equipment and Software Annex attached to the Annex attached to this Listing attached to the Schedule is amended to reflect Schedule) Addendum) the additions and/or deletions as shown on Exhibit A attached hereto and made a part hereof . The Rent and Price adjustments set forth herein only Supplier Name Bellsouth Communications reflect additions and/or deletions to the System . Rent adjustments for any other reason , as specified in the Lease , are not included herein and will be made , if required , at appropriate times . Me original An iul izaiion Annex diiac ted iu a 0d Schedule is hereby replaced in its entirety by the new Amortization Annex attached to this Addendum and LESSOR : BSFS Equipment Leasing , made a part hereof . A Component of General Electri Capital Corporation This Addendum shall constitute an amendment to the Lease and shall be effective as of the Commencement BY '� Date of the Term of the Lease . AuthorizedRep sentative Except as modified herein , all remaining terms and PRINT NA S h// conditions of the Lease remain unchanged . TITLE DATE Z 2- Q L/ Lessor Error! Reference source not found . JCO Lease Addendum (SLG) Lessee Error! Reference source not found . Agreement NoJSchedule No, Error ! Reference source Exhibit A not found . Additions Deletions See Attached Spreadsheets and New Amor Table . FOR ACCTG. PURPOSES ONLY. DOES NOT REPRESENT A BUY OUT, CASUALTY OR TERARNATION VALUE CUSTOMER Indian River County AMOUNT $392 ,075 . 00 RATE 4. 08 % L. R. F. = . 013707 TERM 84 ADV or ARR ARR PAYMENT BEGINNING INTEREST PRINCIPAL TOTAL ENDING NUMBER BALANCE EXPENSE PAYMENT PAYMENT BALANCE 0 3929075 . 00 0. 00 0. 00 0. 00 392 , 075 . 00 1 392 , 075 . 00 11334. 00 41040. 17 51374. 17 3882034. 83 2 388 , 034 . 83 19320. 26 4,053 . 92 51374. 17 383 , 980 . 92 3 383 , 980. 92 1 ,306. 46 49067. 71 52374. 17 379, 913 . 21 4 379, 913 .21 19292 . 62 41081 . 55 51374. 17 375 , 831 . 66 5 375 , 831 . 66 11278 . 74 41095 . 44 5 ,374. 17 3712736 . 22 6 371 , 736. 22 1 ,264 . 80 42109. 37 5 ,374. 17 367, 626 . 85 7 3672626. 85 12250. 82 41123 . 35 52374. 17 3632503 . 50 8 363 , 503 . 50 1 ,236. 79 42137. 38 5 ,374. 17 359, 366. 12 9 359, 366. 12 11222 . 71 4, 151 . 46 59374. 17 355 ,214. 66 10 355 ,214. 66 1 ,208 . 59 41165 . 58 51374. 17 351 , 049. 08 11 351 , 049. 08 19194. 42 42179. 76 51374. 17 346, 869. 32 12 3469869. 32 11180. 19 49193 . 98 52374. 17 342 , 675 . 34 13 3422675 . 34 1 , 165 . 92 41208 . 25 51374. 17 338 ,467. 10 14 338 ,467. 10 1 , 151 . 61 41222 . 57 52374. 17 3349244. 53 15 334 ,244. 53 1 , 137. 24 4,236 . 93 5 ,374. 17 3309007. 60 16 3309007. 60 11122 . 82 41251 . 35 52374. 17 3252756. 25 17 325 , 756. 25 11108 . 36 49265 . 81 5 ,374. 17 321 ,490. 44 18 321 ,490. 44 1 ,093 . 84 42280. 33 51374. 17 317,210. 11 19 317,210. 11 1 ,079. 28 41294. 89 5 ,374. 17 3122915 . 22 20 3129915 . 22 11064. 67 4,309. 50 5 ,374. 17 3089605 . 72 21 308 , 605 . 72 1 ,050. 01 42324. 17 52374. 17 3042281 . 55 22 304,281 . 55 11035 . 29 42338 . 88 59374. 17 2992942. 67 23 299 , 942. 67 1 ,020. 53 41353 . 64 5 ,374. 17 295 , 589. 03 24 295, 589. 03 1,005 . 72 4,368 . 45 5 ,374. 11 291 ,220. 50 25 2919220. 58 990. 85 4,383 . 32 5 ,374. 17 2862837. 26 26 286 , 837. 26 975 . 94 4,398 . 23 51374. 17 282 ,439. 03 27 2822439. 03 960. 98 4 ,413 . 20 5 ,374. 17 278 , 025 . 83 28 278 , 025 . 83 945 . 96 41428 . 21 51374. 17 273 , 597. 62 29 273 , 597. 62 930. 89 49443 . 28 5 ,374. 17 2699154. 34 30 269 , 154. 34 915 . 78 4,458 . 40 5 ,374. 17 2649695 . 94 31 264, 695 . 94 900. 61 4,473 . 57 59374. 17 2602222 . 38 32 2602222 . 38 885 . 39 41488 . 79 5 ,374 . 17 255 , 733 . 59 33 255 , 733 . 59 870. 11 42504. 06 59374. 17 251 , 229. 53 34 251 ,229. 53 854 . 79 42519. 38 51374. 17 246,710. 15 35 2462710. 15 839. 41 4 ,534. 76 52374 . 17 2422175 . 39 36 2422175 . 39 823 . 98 41550 . 19 5 ,374. 17 237, 625 . 20 37 2379625 . 20 808 . 50 42565 . 67 5 ,374. 17 233 , 059. 52 38 2332059. 52 792 . 97 4,581 . 21 51374. 17 2282478 . 32 39 2282478 . 32 777 . 38 4,596. 79 51374. 17 223 , 881 . 52 CUSTOMER Indian River County AMOUNT $3929075 . 00 RATE 4. 08 % L. R. F. = . 013707 TERM 84 ADVorARR ARR PAYMENT BEGINNING INTEREST PRINCIPAL TOTAL ENDING NUMBER BALANCE EXPENSE PAYMENT PAYMENT BALANCE 40 2232881 . 52 761 . 74 4 , 612. 43 52374. 17 2192269. 09 41 219,269. 09 746 . 05 42628 . 13 51374. 17 214 , 640. 96 42 214, 640. 96 730. 30 4 ,643 . 87 52374. 17 2099997. 09 43 209, 997. 09 714 . 50 42659. 67 52374. 17 205 , 337. 42 44 205 , 337. 42 698 . 64 4,675 . 53 52374. 17 200, 661 . 89 45 2009661 . 89 682 . 74 4 ,691 . 44 59374. 17 1952970. 45 46 1952970. 45 666. 77 4, 707. 40 59374. 17 1912263 . 05 47 191 , 263 . 05 650. 76 4,723 . 42 5 ,374. 17 186, 539. 64 48 186 , 539 . 64 634. 69 41739 . 49 57374. 17 181 , 800. 15 49 1819800. 15 618 . 56 41755 . 61 5 ,374. 17 177 , 044. 54 50 1772044. 54 602 . 38 42771 . 79 51374. 17 1722272 . 75 51 172 ,272 . 75 586. 14 4 ,788 . 03 51374. 17 167,484. 72 52 167,484. 72 569. 85 4, 804. 32 5 ,374. 17 162 , 680. 40 53 162 , 680.40 553 . 51 4,820. 67 51374. 17 157, 859 . 73 54 1572859. 73 537. 10 4,837. 07 5 ,374. 17 153 , 022 . 67 55 153 , 022 . 67 520. 65 4, 853 . 52 5 ,374. 17 148 , 169. 14 56 148 , 169. 14 504 . 13 4,870. 04 5 , 374. 17 143 ,299. 10 57 1432299. 10 487. 56 4,886 . 61 51374. 17 138 ,412 . 50 58 1382412 . 50 470. 94 4 ,903 . 23 5 ,374. 17 133 , 509. 26 59 133 , 509. 26 454. 25 42919. 92 5 , 374. 17 128 , 589. 34 60 1289589. 34 437. 51 42936 . 66 5 ,374. 17 123 , 652 . 69 61 123 , 652 . 69 420. 72 4 , 953 . 45 52374. 17 118 , 699. 23 62 1182699. 23 403 . 86 4, 970. 31 52374. 17 113 , 728 . 92 63 113 , 728 . 92 386. 95 4,987. 22 5 ,374. 17 108 , 741 . 71 64 108 , 741. 71 369. 98 51004. 19 52374. 17 1039737. 52 65 1039737. 52 352 . 96 52021 . 21 51374. 17 98 ,716. 30 66 98 ,716. 30 335 . 87 5 ,038 . 30 5 ,374 . 17 93 , 678 . 01 67 93 , 678 . 01 318 . 73 5 ,055 .44 51374. 17 882622 . 57 68 88 ,622 . 57 301 . 53 59072 . 64 52374. 17 83 ,549. 92 69 83 ,549. 92 284 . 27 52089. 90 51374. 17 78 ,460. 02 70 783460. 02 266. 95 51107. 22 5 ,374. 17 73 ,352 . 81 71 732352 . 81 249 . 58 59124. 60 59374. 17 68 ,228 . 21 72 68 ,228 . 21 232 . 14 5 , 142. 03 51374. 17 63 ,086. 18 73 639086. 18 214. 65 51159. 53 51374. 17 57,926. 65 74 57,926. 65 197. 09 59177. 08 59374. 17 523749. 57 75 52 , 749. 57 179. 48 59194. 70 51374. 17 47,554. 88 76 472554. 88 161 . 80 57212 . 37 5 ,374. 17 42 ,342 . 51 77 42 ,342 . 51 144. 07 52230. 11 51374. 17 37, 112 . 40 78 37, 112. 40 126. 27 52247. 90 55374. 17 31 , 864. 50 79 31 ,864. 50 108 . 42 51265 . 76 5 ,374. 17 26,598 . 75 80 26 ,598 . 75 90. 50 52283 . 67 52374. 17 212315 . 07 81 21 , 315 . 07 72 . 52 5 ,301 . 65 59374. 17 162013 . 42 82 16,013 . 42 54. 48 51319. 69 5 ,374. 17 102693 . 74 83 102693 . 74 36. 38 51337. 79 51374. 17 55355 . 95 84 52355 . 95 18 . 22 51355 . 95 5 ,374. 17 0. 00 CUSTOMER Indian River County AMOUNT $392 ,075 . 00 RATE 4. 08 % L. R. F. = . 013707 TERM 84 ADV or ARR ARR PAYMENT BEGINNING INTEREST PRINCIPAL TOTAL ENDING NUMBER BALANCE EXPENSE PAYMENT PAYMENT BALANCE TOTALS 59,355 . 45 3921075 . 00 451430. 45 Form 8038 -G Information Return for Tax-Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 (Rev. November 20ry ► See separate Instructions. Department of the Treasury P Internal Revenue Service Caution: If the issue rice is under $ 100, 000, use Form 8038-GC. Reporting Authority If Amended Return, check here ► ❑ 1 Issuer's name 2 Issuer's employer identification number Indian River County 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 1840 25th Street 5 City, town , or post office, state, and ZIP code 6 Date of issue Vero Beach , FI 09/22/04 7 Name of issue 8 CUSIP number A/C 7297850-001 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative Ms. Francis Sherwood ( 772 ) 567-8000 WITM Type of Issue (check applicable box(es) and enter the issue rice) See instructions and attach schedule 11 ❑ Education . . . . . . , 1 11 12 ❑ Health and hospital 12 13 ❑ Transportation 13 14 Public safety . 14 $3929075.00 15 ❑ Environment (inciuding sewage bonds) 16 16 ❑ Housing . . . 16 17 ❑ Utilities 17 18 ❑ Other. Describe ► 18 19 If obligations are TANS or RANs, check box ► ❑ If obligations are BANs, check box ► ❑ 20 If obligations are in the form of a lease or installment sale, check box ► 0 Igo IM Description of Obligations. Complete for the entire issue for which this form is beinq filed . (a) Final maturity date (b) Issue price (c) Stated redemption (d) Weighted (e) Yield price at maturity average maturity 21 Na $ 392 ,075.00 $ Na 7 ears % Uses of Proceeds of Bond Issue (including underwriters' discount 22 Proceeds used for accrued interest 22 n/a 23 Issue price of entire issue (enter amount from line 21 , column (b)) 23 n/a 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 Na 25 Proceeds used for credit enhancement . 25 n/a 26 Proceeds allocated to reasonably required reserve or replacement fund 26 Na 27 Proceeds used to currently refund prior issues 27 Na 28 Proceeds used to advance refund prior issues 28 n/a 29 Total (add lines 24 through 28) . 29 Na 30 Nonrefunding proceeds of the issue subtract line 29 from line 23 and enter amount here . 30 Na Description of Refunded Bonds (Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . ► Na years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . ► n/a years 33 Enter the last date on which the refunded bonds will be called . ► n/a 34 Enter :he date(s) the refunded bands were issued ► n/a JiMM Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) 35 n/a 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 36a Na b Enter the final maturity date of the guaranteed investment contract ► WIR 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax- exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 38 If the issuer has designated the issue under section 265(b)(3) (B)(i)(III) (small issuer exception), check box ► ❑ 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► ❑ 40 If the issuer has identified a hedge, check box ► EJ. . . . . . . . . . . . . . . . . . . . . Under penalties of perjury, 1 declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Sign Here , Signature of issuer's authorized representative Date ' Type or print name and title For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. No. 63773S Form 8038- G (Rev. 11 -2000) P Account �BEL • - 1 - 9831 LSOUTH Bill Da • 1 , ChargesCurrrent • 09-30-04 Adjustments : Current Charges Due Before : 09�30 -04 Mail to Total Amount Due : $2479062wOO Bellsouth • Karen Jeffrey Indian River County 911 ISherifts Offic 701 Northpoint ParkwayBSFS ■ Equipment Leasi • Suite ' 11 Attn : Sylvia Hadir West Palm Beach , FI 41 1 Riverview Danbury , 06810 Schedule • - 1 - 9831 Detailed %' I -iarcje8 $2=4179f,0^ 800 V em Quantity usoc Description Monitor-] Amount 419592 , 00 1 W1 14A Basic Intercptr Controller299604 , 00 1 W1 14F Line • 29493 , 00 1 W1 14G Primary Station Card Shelf $ 11 Cards14 W1 14J Caller ID 11 5 W1 14K 911 Trunk Card • 1 • 11 Station • t Cover $ 72 , 00 • Slot Cover98 , 00 1 W1 14B First CTI Position Intercepter $ 17317 , 00 • W1 14C Additional CTI positions Intercept74 , 808 , 00 • Primary Station • 11 Training7 W11XB Telephone Radio Headset $ 3o402000 7 W1 1xP Instant Recall Recorder $ 69713 , 00 1 W1 14V Training Intercepter-Setup Fee $ 11666s00 24 W1 14W - • • 11 • W1 14X Training Interceptor-Supervisor $ 1 • • ; 11 Training3 W1 14Z Interceptor11 Station7 Wi1xi S3200 Operator Manual $ 98 , 00 • pare $ 19596 , 00 911 Trunk Card-Spare 49416 , 00 1 W11X6 Caller ID Card-Spare 491 , 00 Interceptor 11 Total1 WGGVF Contract Preparation Charge $ 350 , 00 1 • 11 Please • te acct. 772 V10=7758 on IS&LLSOUTH I Account Number: 772 V1 0-0466 Bill Date : 09-22 - 04 ChargesCurrrent • 09-30w04 Payments :• ChargesCurrent • 09=30-04 Mail to Total Amount Due : $ $ 1459013e00 Bellsouth • Karen Jeffrey Vero Beach Police Department 701 • • • BSFS Equipment Leasing Suite • 11 Attn : Sylvia Hadir West Palm Beach , FI 33407 10 Riverview Dr. Danbury , 06810 DetailedSchedule number: 772 V10-0466 Statement of • 1455013m00 • Itemization Quantity UsocDescription Am ' W1 1 K4 21 Inch NEC Flatscreen Monitor=T( 1 • • 11 Station1 W1 14G Primary • 2493 , 00 Cards5 W1 14J Caller ID ' 1 11 3 W1 14K 911 Trunk Card $ 31657, 00 Station • t Cover $ 168 , 00 • W11X5 Line Card Slot Cover84 , 00 1 W1 14B First CTI Position Intercepter $ 17, 317800 2 W1 14C Additional• positions Intercept • . 11 Station • Shelf $ 6 , 075 , 00 3 W11XB Telephone Radio Headset $ 1 , 458 , 00 3 W11xP Instant Recall Recorder $ 2877, 00 10 W1 14W Training Interceptor- User-each $ 29380, 00 • ! 4 W1 14Z Training Interceptor MIS system $ 29096 , 00 11 Operator Manual $ 42 , 00 Station • Primary= Spare11596 , 00 2 W11xW 911 Trunk Card -Spare $ 40416 , 00 • Caller ID CardwSpare ' • 11 Interceptor MIS System $ 15 , 145 , 00 ApplicationwUser $ 904 , 00 Total1 11 Please note account • 1 on