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HomeMy WebLinkAboutC92-054 E911 agreement with Johnson Kunkel street addressingc92 -54 -05 AGREEMENT BETWEEN THE EAGLE COUNTY EMERGENCY TELEPHONE SERVICE AUTHORITY AND JOHNSON, KUNKEL & ASSOCIATES, INC. THIS AGREEMENT is made and entered into this day of 1992, by and between The Eagle County Emergency Telephone Service Authority ( "Authority ") through the Board == Of County Commissioners, County of Eagle, State of Colorado ( "BOCCI'), (hereinafter jointly referred to as "County "), and Johnson, Kunkel & Associates, Inc. (hereinafter "JKA"). R E C I T A L S: The Authority and County are authorized to contract, pursuant-to C.R.S. 29 -11 -101, et seq. and BOCC Resolution No. 91 -7; and JKA, a Colorado corporation, represents that it is qualified to provide the services contemplated hereunder; and The Authority desires to contract with JKA for the performance of certain mapping, data base and liaison services described herein, and JKA is agreeable to providing such services on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: 5':7TION 1. PURPOSE JKA shall provide data base and mapping services for the ccnstruction of a Master Street Address Guide ( "MSAG") for the Enhanced 911 service contemplated by the Authority for Eagle County, except for those areas of the County participating in the Aspen /Pitkin County E- 911 service. JKA shall act as a liaison on the Authority's behalf in accomplishing the addressing of the properties for Enhanced 911 purposes. SECTION 2. SCOPE OF WORK & SCHEDULES 2.1 JKA shall provide the following work within the approximate time frame indicated and in accordance with the detailed "Statement of Work" attached hereto as Exhibit "A" (hereinafter collectively referred to as the "Project ") . The time frames shall commence immediately upon the execution of this agreement, which corresponds with the execution of a Letter of Agreement for Provisioning of the Network and Database with the network provider by the County. PHASE 1 Planning and Start Up 2 weeks Meetings with Authority to outline procedures and schedule for the project. PHASE 2 Base Mapping 11 weeks Provide base mapping services showing roads and town boundaries. PHASE 3 Road - Naming Review 4 weeks Identify roads with duplicate, ambiguous, or otherwise unacceptable names. Also identify roads without names. List to be provided to the County and other necessary municipalities for resolution. PHASE 4 Emergency Service Zone (ESZ) Mapping 6 weeks Identify services agency areas by drawing. boundaries on base maps. The service agency areas will then be combined into ESZ's with guidance from the Authority. PHASE 5 Address Posting 3 weeks Post address ranges within ESZ's on base maps. PHASE 6 911 Coding 4 weeks Provide range of addresses within each ESZ on base maps. PHASE 7 MSAG Construction A. MSAG Construction 4 weeks Construct initial MSAG database showing address range; within ESZ's. B. MSAG Corrections 10 week;; Correct MSAG database by implementing addressing standards and conversions. PHASE 8 System Implementation and Testing 6 weeks Deliver hard -copy and ANCII compatible MSAG to the Authority and the serving telephone companies. Install map -based MSAG maintenance application on County's equipment. Identify and resolve errors found through physical testing. PHASE 9 Maintenance Verify and correct errors in the database which may be found during actual use after E -911 goes on line. PHASE 10 Liaison Duties 52 weeks Act as official liaison between the network provider (presumed to be US West) , postal service, County, :PAS Board, towns, other municipalities within the service area, emergency services providers, and other involved persons and entities. Duties will include, but are not limited to, those set forth in attached Exhibit "A". The liaison duties specifically do not include conducting mass mailings for purposes of address confirmation, but do include incorporating the results of any such mass mailings into the Project. 2.2 The individual schedules, above, cover (a) professional services, such as, but not limited to, systems, programming and mapping services, (b) computer processing, and /or related services and (c) professional services related to liaison responsibilities. The services intended to be accomplished hereunder specifically include arranging for re- addressing properties, as necessary. All schedules shall be subject to the terms and conditions set forth herein. 2.3 The timeframes set forth in section 2.1, above, are intended to be a material part of the Agreement. Time is of the essence in the performance of this Agreement. Over the term of this Agreement, JKA shall be granted a total of sixty (60) days grace period, to be apportioned over each phase or at pertinent performance points, determined in the sole discretion of the Authority. SECTION 3. COMPENSATION, PAYMENT and ACCEPTANCE 3.1 The Authority shall pay JKA for the work performed in each of Phases 1 through 8 above, within thirty days of receipt of invoice describing the work performed and the acceptance thereof by the Authority. JKA shall invoice the Authority at the completion of each of Phases 1 through 8. Because performance of Phases 9 and 10 are phases which are contemplated to exceed one montYr-- JKA will invoice monthly, with the total invoicing not to exceed the estimated costs, set forth below. The estimated cost of each phase of the,work is as follows: PHASE 1 $ 1,500 PHASE 2 6,500 PHASE 3 2,000 PHASE 4 2,000 PHASE 5 2,000 PHASE 6 4,000 PHASE 7 -A 4,000 7 -B 10,000 PHASE 8 6,000 -3- 3 The total cost of Phases 1 through 8 shall not exceed the amount of $38,000. The County shall not be liable for any cost over and above $38,000 for Phases 1 through 8 without prior written agreement, as set forth herein. Verification and correction of errors in the database (PHASE 9) shall be billed monthly by JKA at $30.00 per hour, with a cap of $1,000.00 per month for a period not to exceed six (6) months. The County shall not be liable for any cost over and above $6,000 for Phase 9 without prior written agreement, as set forth herein. Liaison services (PHASE 10) shall be billed monthly by JKA at $30.00 per hour, with a cap of $500.00 per month for a period not to exceed twelve (12) months. It is understood that these services are expected to overlap with the work contemplated by other phases. The County shall not be liable for any cost over and above $6,000 for Phase 10 without prior written agreement, as set forth herein. 3.2 "Final Acceptance ", as used herein, shall mean compliance with the error ratio demanded by the network provider. "Acceptance" for each Phase shall be determined in the sole discretion of the Authority, defined in advance by the Authority. SECTION 4. STANDARD Of SERVICE JKA agrees to perform all the services required by this Agreement in JKA professional and workmanlike manner, using that standard of care as is customary in the profession of enhanced 911 addressing. SECTION 5. WORK PRODUCT and OWNERSHIP OF PROJECT Provided JKA is fully paid for all services hdreunder, all plans, drawings, specifications, software applications and the like relating to the Project shall be the sole property of the County. SECTION 6. LIABILITY AND INSURANCE 6.1 The County, its officers and employees, shall not assume any liability for intentional or negligent acts, errors, or omissions of JKA or of any officer or employee thereof. 6.2 JKA agrees to indemnify, defend and hold harmless to the extent allowed by law, the Authority, Eagle County and their respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to JKA's inten- Y tional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. 6.3 JKA shall maintain workman's compensation insurance, as required by state law, and comprehensive liability insurance, valuable papers insurance and professional liability insurance in an amount acceptable to the County. Certificates of insurance will be provided at the request of the County. JKA shall maintain insurance for automobiles, if any, and require its employees to provide insurance coverage for vehicles used to perform the services contemplated herein. SECTION 7. WARRANTY JKA warrants the completeness and accuracy of the databases constructed to the degree possible with normal interpretative ability utilizing the best and most complete records, data and information as available. JKA expressly warrants that the Project work product is for the particular purposes stated herein. JKA also accepts responsibility for ant- and all implied warranties arising from custom or usage of the Pr ject work product, as are acceptable for enhanced 9 -1 -1 systems. SECTION 8. TERM and TERMINATION 8.1 This Agreement shall be effective on the date set forth above. The parties hereto intend for this to be an ongoing Agreement for the services and upon the schedule, as set forth herein. The Cu(inty shall have the right to terminate this Agreement with cause at a'.' time by giving JKA thirty (30) days prior written notice of termination. The County shall have the right to terminate this Agreement without cause at any time by giving JKA-notice of immediate termination in writing. JKA shall be entitled to compensation for services performed prior to such termination (for work as accepted by the Authority), and both parties shall be relieved of any and all duties and obligations under this Agreement. 8.2 JKA shall have the right to terminate its services under this Agreement for non - payment by giving the County thirty (30) days written notice of termination. During this thirty (30) day period, the County shall have the right to cure the event of non - payment, which will cause this Agreement to continue as if no event of default occurred. 8.3 If the Project is suspended or abandoned, in whole or in part, for a period of ninety (90) days or more, or upon instruction by the County to JKA to suspend activity on the project, JKA shall be compensated for all services performed and accepted and the Agreement -5- shall be deemed terminated. If the Project is resumed after such suspension, the Agreement between the County and JKA shall be renegotiated prior to resumption of work by JKA. For purposes of this Agreement, the term "suspension" or "abandonment" shall mean substantial discontinuance of labor, work, services and furnishings for a ninety (90) day period, or written instruction by the County to suspend substantially all Project activities. Suspension or abandonment shall not be deemed to have occurred if the activities of JKA, as contemplated hereunder, are held in abeyance pending the corresponding activities of the network provider. 8.4 If the County is unable to financially budget and appropriate in any of its budget years, for the payments as provided herein, this Agreement shall terminate when the prior budget year has ended or when any funds that have been budgeted are fully expended on the subject payments (whichever last occurs). SECTION 9. NOTICES All notices, requests, consents, approvals, written instructions, reports or other communication by JKA and the County under this Agreement, shall be in writing and shall be deemed to have been given or served on the third day after the date stated, if hand delivered or if mailed by certified mail, postage prepaid to the parties as follows: JKA Johnson, Kunkel & Associates, Inc. James S. Kunkel P.O. Box 409 Eagle, CO 81631 Authority Eagle County Emergency Telephone Service Authority c/o Eagle County- Attorney's Office P.O. Box 850 Eagle, CO 81631 SECTION 10. MISCELLANEOUS PROVISIONS 10.1 Retainage and Bonding Requirements. The County may withhold ten percent (10 %) of the total compensation to be paid pursuant to this Agreement, not to exceed $3,800.00, out of the first two phases' draws. This retainage shall be released after Final Acceptance. JKA shall provide to the County a Performance and Payment Bond, in a form acceptable to the County, to ensure timely and complete performance of the terms of this Agreement. 10.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring r any lawsuit, action or other proceedings against either the JKA or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 10.3 No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged there- with. 10.4 This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or JKA other than those contained herein. This Agreement shall be binding upon the respective parties hereto, their officers, successors and assigns, and may not be assigned by either party without the prior written consent of the other party hereto. 10.5 All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. 10.6 The laws of the State of Colorado and the venue of Eagle County shall control any proceedings arising in the transaction des- cribed herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. EAGLE COUNTY EMERGENCY '_ELEPHONE SERVICE AUTHORLP`- ATTEST: Secretary Chairman -7- 31 h erk to the Board of unty Commissioners ATTEST: _f COUNTY OF EAGLE, STATE OF COLORADO, By and Through.Its BOARD OF COUNTY COMMISSIONERS JOHNSON, KUNKEL & ASSOCIATES, INC. SZi5etary President STATE OF COLORADO ) ss County of Eagle ) The foregoing was acknowledged before me this day of _ 1992, by a: - as and respectively of the Eagle County Emergency Telephone Service Authority. — My commission expires: Notary Public STATE OF COLORADO ) ss County of Eagle ) The foregoing was acknowledged before me this Z�� day of C , 1992, by l ame5 S %.�'e&7— and / it P`lunn as 945«WT and O'rc respectively of Johnson, Kunkel & Associates, Inc. My commission expires Lo -z z. -94/ is ®° OTA ° � m e ° EXHIBIT A STATEMENT OF WORK Phase 1. Planning & Startup 1.1 Liaison a. The Authority appoints JKA as the liaison who will have the authority to recommend decisions necessary for the timely implementation of the program. b. JKA and the Authority will meet to review the tasks to be accomplished and the responsibilities of each party. Minor modifications may be made to the implementation schedules and deliverables at this time. C. List of Authority Liaison (JKA) Duties and Responsibilities: i) Coordinating with county officials on providing the required maps and addressing resources. (The cost for copies of required reference materials is not included in this Agreement, but shall not be incurred by JKA without the Authority's prior written consent.) ii) Coordinating with the telephone companies to provide the SAG data and /or customer service records. Keeping telephone companies informed as to progress. iii) Promptly resolve road naming and addressing questions /anomalies. iv) Act as liaison with Authority, municipalities and Board of County Commissioners in seeking-IT-oad name solutions in the time frame as specified above. V) Review maps indicating Emergency Service Zone boundaries with emergency service providers and other necessary parties. vi) Coordinating with the postal authorities and other public service entities on matters relating to the potential reassignment of addresses. 1.2 Existing Reference Review a. JKA will review the existing references for accuracy to provide information for town boundaries, service agency boundaries, street location, street names, and address ranges for integration into the graphical MSAG. Emphasis will be placed upon obtaining all resources showing streets, their names and the addresses on the roads. -10- l b. JKA will review the emergency services territories for the involved areas of the County, discuss any mutual -aid agreements, evaluate the ease of identifying zone boundaries in the field, and consider the likelihood of emergency service boundary changes. C. JKA will request a copy of the Street Address Guide (SAG) and /or customer service records from the serving telephone companies for later records testing. d. JKA will meet with the Post Office to determine what records and information they may be willing to share and how they can be made available to the Authority. Phase 2. Base Mapping 2.1 JKA will establish a mapping coordinate control by reference to an arbitrary coordinate system with highway department bearings. 2.2 The base mapping used will be utilized to inventory road locations, post known road names and begin the assignment of all address ranges. Products resulting from this phase of work will be utilized in later road naming resolution and the completion of address range posting. Phase 3. Road Naming Review 3.1 JKA will provide to the Authority maps indicating the known inventory of road locations, and their associated road names. JKA will review road naming for the invol �d areas of the County and its municipalities to determine the completeness and accuracy of road naming in the databases to be used.. 3.2 Ambiguous road names, duplicate road names and roads without names will be identified by JKA for resolution by the County and various municipalities. 3.3 The County and various municipalities will be responsible for the assignment of official road names to roads with more than one name and roads without official names, upon recommendation by JKA. It may also be necessary to change the names of roads with the same names. 3.4 It will be JKA's responsibility to have every change signed off by all affected governing bodies and /or agencies (i.e. Eagle County Department of Community Development, PTI, US West Communications, United States Postal Service, towns, etc.). -11- Phase 4. Emergency Service Zone (ESZ) Mapping 4.1 Since no formal ESZ maps exist for the County, JKA will draft the emergency service zones and provide maps to the Authority for review and approval by the various service agencies and County. JKA will return the completed maps to the Authority. 4.2 JKA will examine the ESZ boundaries and their relationships to the address information to determine if any potential improvements in emergency service zone definitions would be appropriate. Such comments on the definitions of emergency service territories will only be made if a boundary change would_ significantly improve emergency service and management. The comments will be provided to the Authority for review and approval. 4.3 The ESZ boundaries will be inserted into the graphics addressing database. Boundary locations will then be used to determine aggregate ESZ address ranges and perform ESZ assignments in later phases. Phase 5. Address Posting 5.1 JKA will consult all of the County reference material for addresses. 5.2 All addressing will be posted on the graphical MSAG in a format showing address ranges for both sides of each road. 5.3 JKA will be responsible for researching and obtaining addressing information where existing databases are insufficient or incorrect. Phaso 6. 9 -1 -1 Coding 6.1 JKA will label each emergency service zone with its proper emergency service number. The emergency service number will then be coded to each address range in each emergency service zone. 6.2 ESZs will be displayed with each address range in each emergency service zone for quality control work. 6.3 JKA will request from the serving telephone companies a list of available ESZs for use by the enhanced 9 -1 -1 system. This list must be provided by the serving telephone companies to ensure that duplicate ESZs do not occur within the same telephone company switches. -12- Phase 7. MSAG Generation 7.1 JKA will extract the address range data and.associated ESZs from the graphics addressing database into an ASCII format. The ASCII file will then be formatted into an MSAG. 7.2 JKA will request the database specifications of the MSAG from the serving telephone companies. The anticipated MSAG format is the US West, 232 format, but modifications may be necessary, thus the serving telephone companies should play a role in defining the actual MSAG definitions. 7.3 JKA will correct the MSAG database by implementing addressing standards and conversions. Phase 8. System Implementation and Testing 8.1 JKA will rub each of the street address guide records provided by the serving telephone companies against the MSAG to determine the completeness and accuracy of the MSAG and the telephone companies' records. 8.2 JKA will make corrections and updates to the MSAG to account for missing or incorrect data, but will not correct the telephone companies' data (but will identify inconsistencies in the latter) . 8.3 JKA will catalogue errors found in the telephone companies' records and present the error list to the serving telephone companies. 8.4 AKA will assist in the verification of existing addresses and recommend resolution of any inconsistencies to the involved agencies and governing bodies. Completion o°f -this phase of the Project includes all necessary facilitation of obtaining this verification except mass mailings. JKA, however, shall be responsible for integrating the results of any mass mailings into the system. Phase 9. Maintenance 9.1 JKA will produce a final version of the MSAG for delivery to the Authority and telephone companies. Both hard copy and ASCII format MSAG will be delivered. 9.2 A single digital map with all MSAG content and other data will be delivered in .DXF for other GIS users. Phase 10. Liaison Services. 10.1 JKA shall perform all liaison services otherwise described herein. -13- POTENTIAL, ADDITIONAL SERVICES CORRECTING FOR ADDRESSING ANOMALIES JKA will, during the term of the Agreement, identify anomalies in current addressing. JKA will produce the MSAG with address ranges and ESZs. The identified addressing anomalies will be forwarded to the Authority with recommended solutions. JKA, in its role as liaison, shall perform the addressing anomaly investigation and prepare to notify the residents of their changed addresses; the associated mass mailing may be conducted for an additional cost beyond the terms of this Agreement. -14-