HomeMy WebLinkAbout06 027 Agree Autodialing Servic
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2006 - 027
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT TO
PROVIDE AUTODIALLlNG TELEPHONE COMMUNICATION SERVICES FOR
THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 2.1(1) of the Emergency Management Act, R.S.O. 1990,
c.E.9 as amended, requires every municipality to develop and implement an
emergency management program;
AND WHEREAS pursuant to the said Emergency Management Act, Section 3
(1) requires every municipality to formulate an emergency plan governing the
provision of necessary services during an emergency and the procedures under
and the manner in which employees of the municipality and other persons will
respond to the emergency and the Council of the municipality shall by by-law
adopt the emergency plan;
AND WHEREAS The Corporation of the Municipality of Kincardine, with the
passage of By-law No. 2006 - 009, adopted an Emergency Management
Program and Emergency Response Plan for the Municipality of Kincardine;
AND WHEREAS the said Emergency Management Act makes provisions for the
municipality and council to develop and implement an emergency management
program for the protection of public health and safety, the environment, critical
infrastructure and to promote economic stability and a disaster-resilient
community;
AND WHEREAS Sections 8 and 9 (1) of the Municipal Act, 2001, S.D. 2001, c.
25, as amended, provides municipalities with the powers of a natural person to
enable them to govern their affairs as they consider appropriate under this or any
other act and to enhance their ability to respond to municipal issues;
AND WHEREAS it has been determined that an autodialling telephone
communication system to be an appropriate method of contacting residents of
the Municipality of Kincardine during emergency situations;
AND WHEREAS Community Alert Network, Inc. had been engaged to provide
the coordination and implementation of an autodialling telephone communication
system, for the Municipality and further to provide service for that system;
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Telephone Communications System (Community Alert Networks) Agreement By-
law
By-law No. 2006 - 027
AND WHEREAS it has been determined that it is necessary to amend the
conditions of the agreement with Community Alert Network Inc. in order to
increase the capacity of the system;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with Community Alert Network, Inc. to provide autodialling
telephone communications for the Municipality.
2. That the Mayor and CAD be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, an agreement with
Community Alert Network, Inc., at a cost of $7,500.00 US per year,
subject to the conditions contained in the said agreement, attached hereto
as Schedule "A".
3. This by law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "Telephone Communications System
(Community Alert Networks) Agreement By-law".
READ a FIRST, SECOND, and a THIRD time and FINALLY PASSED this 1st
day of March 2006.
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Mayor -
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Clerk
Community Alert Network®, Inc.
(CAN®) Geographic Contract
For
Municipality of Kincardine
...
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COMMUNITY ALERT NETWORK®, INC.
CONTRACT
Agreement made this 1st day ofFebruary, 2006 by and between COMMUNITY ALERT
NETWORK®, INC. a Corporation duly organized and existing under the laws of the State of New
York with principal offices located at 255 Washinlrton Ave. Ext.. Suite 105. Albanv. New York
12205 (hereinafter referred to as "CAN®"), and the Municipality of Kincardine, duly organized and
existing under the laws of the Province of Ontario with principal offices located at 1475 Concession
5, RR 5, Kincardine, ON, N2Z 2X6 (hereinafter referred to as "Client").
WHEREAS, CAN® provides a service, the purpose of which is to assist the Client and other
organizations in telephone communications and
WHEREAS, the Client desires to engage the services of CAN® for the purpose of
coordinating a program and service such that telephone communications may be implemented;
NOW, THEREFORE, in consideration of mutual agreements, covenants and promises
herein contained, the Parties agree as follows:
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I. Two copies of all maps normally used by public safety and other emergency
personnel of the Client shall be provided to CAN® at no expense to CAN®. Maps must be of
sufficient detail to include street names. The Client may also provide client-generated electronic
map data in ESRI format, Version 3.2 or greater.
2. CAN® shall purchase, program and store into its computers commercially available
residential and business telephone numbers within the municipalities to be covered in this
Agreement. Such numbers shall be progranuned in such a manner so as to access any or all
Geographic Areas of the service area, or any portion thereof, by street name and range, city, county,
area code and prefix, and zip code/postal code. In the event that the Client wishes to include the
telephone numbers for special list or of residents who have unlisted numbers, the Client agrees to be
responsible for the collection and forwarding to CAN® of such addresses and phone numbers
provided on electronic media such as CD, disk, etc., in a format acceptable to CAN®. Ifrequested
by Client, CAN® will provide this structure to the Client electronically. Upon receipt, CAN® will
add such addresses and phone numbers to the database. CAN® shall maintain strict confidentiality
of all telephone numbers received from the Client, including but not limited to unlisted numbers and
numbers on special lists. The Client shall be "on-line" and ready for use on the first of the month,
after 60 days from the receipt of first year's payment in full and contract or purchase order.
This Contract covers a population base of up to 52,500. The Client may also provide a special list
of emergency personnel, hospitals, media, etc., at no charge as long as the total number of records
does not exceed 1,000. List additions, exceeding the maximum number of records purchased will
be charged in blocks of 500 records each at $250. In addition, the Contract includes four (4) free
Zones (additional Zones may be added for a fee), 5,000 standard call attempts per contract year
(cannot roll over from year to year).
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The contract also includes five (5) licenses of CAN® mapping for a single county.
Shapes created from CAN® Mapping will be stored free of charge.
Additional licenses (up to 5) maybe added to CAN® Mapping for a start up fee of$750 and an
annual renewal fee of$500.
For Mapping Clients, which encompass more than I county, there will be an additional fee ranging
from $650 - $1050 per county, depending on the size of the counties involved.
CAN® will store map shapes from Client-owned mapping software for an additional fee. This map
data must contain sufficient information to allow for geo-coding of commercial or E-911 phone and
address data. This includes:
o Street Name
o Street Prefix
o Street Type
o Street Suffix
o Left and right from-to address range information
o Left and right ZIP codeIPostal code information OR City Name
Map Data must be projected in Latitude Longitude coordinates containing Decimal Degrees in the
format Latitude xx.xxxxxx Longitude -xx.xxxxxxx
Changes to special lists will be free of charge if the complete database is provided in CAN®-
acceptable Digital Format, e.g., ".xls", ".dbf', or delimited ".txt", using CAN®-supplied structures.
Changes, including submittal of unlisted numbers, not provided in CAN® acceptable format will be
charged an additional fee. All requested changes will be completed within 3 business days
following receipt by CAN®. For changes to be completed within 24 hours from receipt, including
Saturdays, Sundays, and Holidays, there will be a rush charge of$IOO, providing they are "normal"
non-programming changes. Charges and completion time for progranuning changes will be
determined by the requirements and complexity of the change.
4. The Client and CAN® shall agree upon the administrative offices and personnel thereof who
shall be authorized to access CAN® prior to utilizing the services of CAN®.
5. The Parties shall coordinate efforts to train those personnel who are authorized to access
CAN® via web-based training or at a site provided by the Client. The first training session shall be
included at no charge. Further training at CAN® Headquarters, or using a web-based training
application, pre-arranged at least two (2) weeks in advance, will be free of charge, except that all
Client personnel travel expenses, meals, and lodging will be paid for by the Client. If the Client
requests additional training after their annual visit, there will be a charge to be determined at the
time of request.
6. CAN® shall assist the Client with a public awareness presentation and media event, in
conjunction with the training session. If applicable, the media event shall include a specific
announcement to the community that unlisted telephone numbers are not part of the CAN®
database, and ask that such telephone customers request to be added to the CAN® database.
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7. Upon receiving a request from authorized personnel in a manner agreed upon by the parties,
the services of CAN® shall be activated and calls initiated as instructed. CAN® shall record the
amount of total attempted calls made that were used on behalf of the Client per each requested
activation.
8. CAN® shall thereafter send via E-Mail and/or FAX a report of the telephone calls made
including the number of messages delivered, etc. CAN® will transmit the report immediately upon
completion of the calling session to an E-Mail address and/or FAX machine and number furnished
by the Client.
9. CAN® agrees to provide trained personnel to activate the Client requested services on a
twenty-four (24) hour per day basis, seven days per week.
10. CAN®'s services are provided on a priority basis. Actual incidents shall always take
precedence over drills, tests, and/or exercises. If a drill, test, or exercise is discontinued to
accommodate an actua1 incident, the client conducting the drill, test, or exercise will be informed.
One hundred percent ofCAN®'s capacity shall be available to the first client that calls. In the event
there are concurrent incidents, CAN® shall divide its services. Clients will be allocated lines (1/2,
1/3, 1/4, etc.) based on the number of concurrent incidents.
I I. CAN® agrees to provide the Client with calling capabilities for the term of this Agreement.
5,000 free call attempts are provided for each contract year. If the Client requests to pre-pay for
additional call attempts, they may add $ I ,000.00 to the contract per each block of 5,000 pre-paid
call attempts each year. The calls must be used within the contract year and may not be rolled over
from year to year. In addition, the calls must be standard non-interactive calls. For calls exceeding
the free call attempts, or additional pre-purchased calls, the Client agrees to pay CAN® $.25 per
Completed Call, $.15 per Non-Completed Call (Busy, No Answer, Operator Intercept) used to
deliver the Client's requested telephone communications. Interactive calls, including those
associated with special programming, will be billed using Telephone Line Calling Time (TLCT)
fees that is, $55/hourlIine.
CAN® agrees to invoice the Client for all usage within 10 days of the calling session and the Client
agrees to compensate CAN® within 30 days of the invoice date for all usage.
In the event that the Client fails to compensate CAN® for the invoiced usage within 30 days of
billing, CAN® shall be under no obligation to provide the Client with additional services.
12. Basic contract calling options may include one of the following yes/no questions if pre-
established: the Repeat Option, Time to Respond Option, or the UnderstandIDo Not Understand
Option.
. The Repeat Option allows the person receiving the call to hear the message again by
remaining on the phone. The message will automatically repeat.
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. Time to Respond Option will query the message recipient to press the touchtone keypad
to identify if they can respond to an emergency and, if yes, how long it will take to
respond.
. The UnderstandIDo Not Understand Option queries the caller to press the touchtone
keypad to identify if they understood, or did not understand the message provided.
13. CAN® shall not be responsible for any acts or omissions of the Client or its administrative
offices, their employees, agents, contractors, officers or directors resulting in the failure of CAN® to
perform under this Agreement or by reason of strikes, Acts of God, breakdown of telephone lines
and service, power shortages or blackouts, or other causes beyond the reasonable control ofCAN®.
The Client and Community Alert Network, Inc. agree that CAN®, its employees, directors, officers,
agents, and subcontractors, are not liable or responsible to the Client or any third party for any errors
or omissions in the information, or for any damages in a civil action for injuries, death of person or
property damage incurred by any person or entity as a result of any act or omission of CAN® or of
any of its employees, directors, officers, agents or subcontractors, except when such act or omission
is willful, wanton, reckless, or intentional. As required by this Agreement, CAN ® will send
notifications via facsimile and/or e-mail, but CAN ® cannot confirm or guarantee delivery and
security of such communication.
14. The parties expressly acknowledge that CAN® is contracted by the Client only for the
purposes and to the extent set forth in this agreement, and the relation of CAN® to the Client shall,
during the period or periods hereunder, be that of an independent contractor. CAN® shall not be
considered as having employee status.
IS. The Client shall pay to CAN® such fees for its services hereunder the sum of$7500.00
Dollars U.S. The fee for year one ofhas been pro-rated to accommodate the term remaining on a
prior personnel contract as follows: $7500.00 USF less a $1312.00 = $6188.00. Such sum shall be
paid upon the execution of this Agreement. Phone data will be provided by CAN® once each
contract year, including Year 1, upon payment of annual fee. Additional updates of CAN®-supplied
data will be accommodated for a fee of $1 5/1 ,000 records per update.
Client-supplied data in CAN® acceptable format (includes all critical fields such as complete
address including ZIP CodeIPostal Code), provided electronically as ".xls", ".dbf', or delimited
"txt", will be accommodated free of charge. Client data provided electronically as ".xls", ".dbf', or
delimited ''txt'', but not exactly in CAN® acceptable format will be groomed by CAN® for loading
onto the CAN® system at a cost of$15/1,000 records for each submittal.
16. This Agreement shall continue for 12 months unless otherwise extended in accordance with
Paragraph 17 hereof.
17. The Client shall have the right, to be exercised as hereinafter provided, to extend the term of
this agreement for four (4) successive one-year (12 month) periods each at $7500.00. There will be
no further privilege of extension for the term of this Agreement.
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<a) The Client shall exercise the right to any extension of the term of this Agreement by
making payment at least thirty (30) days prior to the expiration of the term of this Agreement to
CAN® in the amount specified in Paragraph IS (Annual Retainer Fee). Upon making such
payment, this Agreement shall be deemed extended for the specified period, subject to the
provisions of this paragraph, without execution of any further instrument.
18. Any Agreement requiring multiple contacts or multiple billing arrangements will be subject
to a contract management fee.
19. No guarantee is made of the accuracy of phone numbers or map data provided except to the
extent that ordinary business care will be taken in the acquisition, receipt, maintenance, and
extraction of data so acquired. No representation is made that the person intended to receive the call
will be physically present.
20. This Agreement sets forth the entire understanding and Agreement between the parties as to
the services to be provided by CAN® and merges all prior discussions between them. This
Agreement may be modified or changed only in writing and such modifications and changes must
be signed by both parties.
21. This Agreement shall be interpreted and construed under the laws of the State of New York.
22. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is
to that extent to be deemed omitted and the remaining provisions of the Agreement shall in no way
be affected or impaired thereby.
23. This Agreement may be executed as one or more duplicate documents, each one of which
shall be considered an Original Agreement.
COMMUNITY ALERT NETWORK®, INC. BY:
DATE
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KENNETH E. BAECHEL, PRESIDbN 1
SJ- ~:¿,~~""Æ
Name: John deRosenroll
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Title: CAO
CLIENT BY:
March tf, , 2006
Date /
JfJ),- t· ../.MH¿
Mayor -
SIGNATURE G.R. Sutton TITLE
DATE March {p , 2006
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