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HomeMy WebLinkAbout19- police Department CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Keith L. Kilmer, Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Dept: Police Department Bernardino authorizing the execution of Non-Disclosure Agreements (NDA) Date: June 29, 2010 between the City of San Bernardino Police Department and AT&T, Inc. to provide Wireless Enhanced 9-1-1 service. M/CC Meeting Date: August 2, 2010 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. KEITH L. KILMER, CHIEF OF POLICE Contact person: Pad Guillen Phone: 384-F7R1 Supporting data attached: Staff Study Resolution Ward: All FUNDING REQUIREMENTS: Amount: None Source: N/A N/A Finance: Council Notes: Agenda Item No. s' a io CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Non-Disclosure Agreements (NDA) between the City of San Bernardino Police Department and AT&T, Inc. to provide Wireless Enhanced 9-1-1 service. Background: Wireless Enhanced 9-1-1 calls (WE9-1-1), emergency 9-1-1 calls originating from cellular phones,have historically been answered by the California Highway Patrol (CHP). In 2001, California Law, Public Utilities Code 2891 (c) was passed allowing Public Safety Answering Points (PSAP) to receive WE9-1- 1 calls when certain requirements are met and an agreement is made between the PSAP, CHP, and Department of General Services (DGS-TD). (Attachment A) In August 2009, the San Bernardino Police Department submitted a Letter of Agency to DGS-TD requesting the planning, procurement, and implementation of WE9-1-1 service within the City of San Bernardino. (Attachment B). Implementation of WE9-1-1 service would route AT&T WE9-1-1 calls dialed within the city limits to the City's primary PSAP, currently the Police Department. As of May 2010, Metro PCS, Verizon Wireless, and T-Mobile have all deployed within the City of San Bernardino. WE9-1-1 calls within the city limits from customers of these wireless service providers are answered directly by the Police Department. AT&T, Inc. (AT&T) is set to deploy within the City of San Bernardino. To facilitate the request, AT&T requires the execution of Non-Disclosure Agreements (NDA) between AT&T and the San Bernardino Police Department. (Attachment Q. The NDA discusses disclosure of confidential information between parties for the purpose of providing WE9-1-1 service within the city. This includes restricting disclosure of confidential information solely to those employees of either party on a "need to know" basis, circumstances when confidential information may be released to a third party as required by law or regulation, and disclosure of AT&T proprietary information such as network architecture plans, transmission tower maps and pricing and cost information. By executing this agreement, the city's PSAP will provide improved service to the community by answering WE9-1-1 calls from AT&T customers directly. This facilitates a direct link between community members requiring police, fire,or medical assistance and public safety services. Financial Impact: None Recommendation: Adopt Resolution. COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF NON-DISCLOSURE AGREEMENTS (NDA) BETWEEN THE CITY OF SAN BERNARDINO POLICE 4 DEPARTMENT AND AT&T, INC. TO PROVIDE WIRELESS ENHANCED 9-1-1 SERVICE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council authorize the Chief of Police or 8 his designee to sign a "Non-Disclosure Agreement," marked as Attachment C, on behalf of the 9 10 City with AT&T, Inc., to deploy Wireless Enhanced 9-1-1 service within the City of San i 11 Bernardino. 12 13 SECTION 2. The authorization to execute the above referenced Agreement is 14 rescinded if it is not executed within ninety(90) days of the passage of this Resolution. 15 /// 16 17 18 19 20 21 HI 22 23 24 25 26 ( 27 / �r 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF NON-DISCLOSURE AGREEMENTS (NDA) BETWEEN THE CITY OF SAN BERNARDINO POLICE 3 DEPARTMENT AND AT&T, INC. TO PROVIDE WIRELESS ENHANCED 9-1-1 SERVICE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2010, by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 2010. 20 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 25 J es F. Penman, City Attorney 26 27 28 ATTACHMENT "A" State of California Wireless E9-1-1 Project The following is the California Law,Public Utilities Code 2892(c)that allows Public Safety Answering Points to receive Wireless Enhanced 9-1-1 calls when certain requirements are met and an agreement is made between the PSAP, California Highway Patrol, and Department of General Services(DGS-TD). This law was enacted after Assembly Bill 1263 passed in January 2001. The statute was amended by Senate Bill 911 in January 2006 to redefine the CHP call origination jurisdiction. 2892. (a)As used in this section,the term "commercial mobile radio service"has the same meaning as the term "commercial mobile service," as defined in subsection(d)of Section 332 of Title 47 of the United States Code. (b)A provider of commercial mobile radio service shall provide access for end users of that service to the local emergency telephone systems described in the Warren-911-Emergency Assistance Act(Article 6(commencing with Section 53100)of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). "911" shall be the primary access number for those emergency systems. A provider of commercial mobile radio service, in accordance with all applicable Federal Communication Commission orders, shall transmit all "911" calls from technologically compatible commercial mobile radio service communication devices without requiring user validation or any similar procedure.A provider of commercial mobile radio service may not charge any airtime, access, or similar usage charge for any "911" call placed from a commercial mobile radio service telecommunications device to a local emergency telephone system. (c)A "911" call from a commercial mobile radio service telecommunications device may be routed to a public safety answering point other than the Department of the California Highway Patrol only if the alternate routing meets all of the following requirements: (1)The "911"call originates from a location other than from a freeway, as defined in Section 23.5 of the Streets and Highways Code, under the jurisdiction of the Department of the California Highway Patrol. (2)The alternate routing is economically and technologically feasible. (3)The alternate routing will benefit public safety and reduce burdens on dispatchers for the Department of the California Highway Patrol. (4)The Department of the California Highway Patrol,the Department of General Services,and the proposed alternate public safety answering point, in consultation with the wireless industry, providers of"911" selective routing service, and local law enforcement officials, determine that it is in the best interest of the public and will provide more effective emergency service to the public to route "911"calls that do not originate from a freeway, as defined in Section 23.5 of the Streets and Highways Code, under the jurisdiction of the Department of the California Highway Patrol to another public safety answering point. Information may also be retrieved from hqp://www.levinfo.ca.eov/calaw.httnl. Select "California Law",then select"Public Utilities Code",then Search for"2892". File: W E911 PUC 2892(a-c).doc Date: May 15,2006 ATTACHMENT "B" POLICE DEPARTMENT w KETTR L.KD.MER-CHIEF OF POLICE P.O.Box 1559•San Bernardino•CA 92402-1559 San Bernar inn 909.384.5742 www.sbcity.org August 10, 2009 Daphne Rhoe, Chief California 9-1-1 Emergency Communications Office Department of General Services, Telecommunications Division 601 Sequoia Pacific Boulevard, MS 9-1-1 Office Sacramento, CA 95811 Dear Ms. Rhoe: The City of San Bernardino grants to the State of California, Department of General Services, Telecommunications Division, California 9-1-1 Emergency Communications Office, otherwise known as the California 9-1-1 Emergency Communications Office (9-1-1 Office), this letter of agency to represent City of San Bernardino on all matters pertaining to the planning, O procurement, and implementation of Enhanced Wireless 9-1-1 ("Wireless E9-1-1") service in the City of San Bernardino, as defined by the Federal Communications Docket (FCC) 94-102. This letter of agency will remain in place until such time as rescinded by written notice from an authorized representative from the City of San Bernardino. The City of San Bernardino point of contact(s) for this project is Paul Guillen who can be reached by phone at (909) 384-5761or through email to quillen Da(a)sbcity.org . We understand the primary point of contact for the Wireless E9-1-1 project is Jim Thompson who can be reached by phone at (P1 6) 657-9236 or email at jim.thompson @dgs.ca.gov. By signing this letter, I submit that I am an employee of the City of San Bernardino with signature authority on all matters pertaining to Wireless E9-1-1 within the City of San Bernardino jurisdictional boundaries. Very truly yours, - KEITH L. KILMER, CHIEF OF POLICE Theodis Henson, Police Captain Administrative Services cc: Julie Arita, Request for Service Coordinator 9-1-1 Office Consultant Brian Acosta, County 9-1-1 Coordinator, County of San Bernardino LEADERS IN SETTING THE STANDARD OF EXCELLENCE ATTACHMENT "C" NON-DISCLOSURE AGREEMENT THIS AGREEMENT is entered into as of the_day of 20 between AT&T, Inc. ("Carrier"),with its principal place of business at One AT&T Plaza,208 S Akard Sheet,Dallas,Texas 75202("Headquarters") and the public safety entity requesting wireless 911 services, City of San Bernardino Police Department("PSAP")located in San Bernardino, California. 1. The Carrier and the PSAP intend to disclose to each other information, which may include confidential information, for the purpose(s)described in Attachment A hereto (the 'Project"). The term "Confidential Information" shall mean any information or data which is disclosed by a party to the other party under or in contemplation of this Agreement and which: (a) if in tangible form or other media that can be converted to readable form, is clearly marked as proprietary, confidential or private when disclosed, or (b) if oral, is identified as proprietary, confidential, or private on disclosure and is summarized in a writing so marked and delivered within thirty(30) days following such disclosure. The summary may be in the form of a non- confidential description of the confidential information that was disclosed. Confidential information may be either the property of the disclosing party or information provided to the disclosing party by a corporate affiliate of the disclosing party or by a third party. �`- 2. The receiving party acknowledges the economic value to the disclosing party of all Confidential Information. With respect to Confidential Information, the recipient shall: (a) use the Confidential Information only for the purpose(s) set forth in Attachment A; (b) restrict disclosure of the Confidential hrformation solely to those employees of such party and its affiliates with a "need to know" and not disclose it to any other person or entity without the prior written consent of the disclosing party; (c) advise those employees who gain access to Confidential Information of their obligations with respect to the Confidential hrformation; (d) make only the number of copies of the Confidential Information necessary to disseminate the information to those employees who are entitled to have access to it, and ensure that all confidentiality notices set forth on the Confidential Information are reproduced in full on such copies; and (e) safeguard the Confidential Information with the same degree of care to avoid unauthorized disclosure as recipient uses to protect its own confidential and private information. (� For the purposes of this Agreement only, "employees" includes third parties retained for temporary administrative, clerical or programming support. A "need to know" means that the employee requires the Confidential Information in order to perform his or her responsibilities in connection with the Project. 3. The obligations of Paragraph 2 shall not apply to any Confidential Information which the recipient can demonstrate: (a) is or becomes available to the public through no breach of this Agreement; (b) was previously known by the recipient without any obligation to hold it in confidence; (c) is received from a third party free to disclose such information without restriction; (d) is independently developed by the recipient without the use of Confidential Information of the disclosing party; (e) is approved for release by written authorization of the disclosing party, but only to the extent of and subject to such conditions as may be imposed in such written authorization; (f) is required by law or regulation to be disclosed,but only to the extent and for the purposes of such required disclosure; or (g) is disclosed in response to a valid order of a court or other governmental body of the United States or any political subdivisions thereof,but only to the extent of and for the purposes of such order; provided, however, that the recipient . shall first notify the disclosing party of the order and permit the disclosing party to seek an appropriate protective order. 4. When requested by the recipient, the disclosing party will provide a non-confidential resume of Confidential Information prior to disclosure of the actual Confidential Information to enable the recipient to determine whether it can accept the Confidential Information. Each party has the right to refuse to accept any information under this Agreement, and nothing obligates either party to disclose to the other party any particular information. 5. Each party acknowledges its obligation to control access to and/or exportation of technical data under the applicable export laws and regulations of the United States, and each party agrees to adhere to and comply with such laws and regulations with respect to any technical data received under this Agreement. 2 6. Confidential Information, including permitted copies, shall be deemed the property of the disclosing party. The recipient shall, within twenty (20) days of a written request by the disclosing party, return all Confidential Information, including all copies thereof, to the disclosing party or destroy all such Confidential Information. The recipient shall also, within ten (10) days of a written request by the disclosing party, certify in writing that it has satisfied its obligations under Paragraphs 2, 6 and 7 of this Agreement. 7. Both parties agree that an impending or existing violation of any provision of this Agreement would cause the disclosing party irreparable injury for which it would have no adequate remedy at law, and that the disclosing party shall be entitled to seek immediate injunctive relief prohibiting such violation, in addition to any other rights and remedies available to it. 8. Nothing contained in this Agreement or in any discussions undertaken or disclosures made pursuant hereto shall (a) be deemed a commitment to engage in any business relationship, contract or future dealing with the other party, or (b) limit either party s right to conduct similar discussions or perform similar work to that undertaken pursuant hereto, so long as said discussions or work do not violate this Agreement. 9. No patent, copyright, trademark or other proprietary right or license is granted by this Agreement or any disclosure hereunder, except for the right to use such information in accordance with this Agreement. No warranties of any kind are given with respect to the Confidential Information disclosed under this Agreement or any use thereof, except as may be otherwise agreed to in writing. 10. This Agreement shall be effective as of the date first written above and shall continue until terminated by either party upon thirty (30) days prior written notice. All obligations undertaken hereunder shall survive any termination of this Agreement. The obligations hereunder with respect to confidential information disclosed prior to termination of this Agreement shall expire and terminate three (3) years after the date of termination of this Agreement. 11. This Agreement may not be assigned by either party without the prior written consent of the other. 12. If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of this Agreement shall continue in full force and effect. 13. Each party warrants that it has the authority to enter into this Agreement and to lawfully make the disclosures contemplated hereunder. 3 14. This Agreement, including Attachment A attached hereto and incorporated herein by this reference, represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings relating thereto. The provisions of this Agreement may not be modified, amended, or waived, except by a written instrument duly executed by both parties. This Agreement shall be governed in all respects by the domestic laws of the State of California. AT&T, Inc. P.O. Box 97061 Redmond, WA 98073 By: Title: [ko plian a Officer Date: �6T City of San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92402-1559 By: Title: Date: 4 © ATTACHMENT A TO NON-DISCLOSURE AGREEMENT To the Non-Disclosure Agreement dated I I 3D 0 between AT&T, Inc. ("the Carrier") and City of San Bernardino Police Department("PSAP"). Purpose(s) for which Confidential Information is being disclosed: • Wireless 911 planning. Confidential information may include,but not be limited to: • One or more lists of Carrier transmission towers as updated from time to time and estimated coverage maps* associated with"border cells." (� • Network architecture plans and documentation and information contained therein. v • Carrier proprietary supplier relationship information. • Carrier's external and internal pricing and cost information. Special Terms and Conditions: * Range and coverage provided on maps are estimated and provided to aid with routing decisions only. Factors such as topography, electronic interference, weather conditions and proximity to an operating cellular tower may affect transmission quality. Cellular phone quality, antenna type and placement may also affect reception. Carrier has contracted with several third party agents to provide certain 911 database management and consulting services. Carrier Confidential Information provided by these third party agents shall be subject to the terms herein as if said Confidential Information was provided directly by the Carrier. 5 NON-DISCLOSURE AGREEMENT tt�O THIS AGREEMENT is entered into as of the day of , 206;between AT&T, Inc. ("Carrier"),with its principal place of business at One AT&T Plaza,208 S Akard Street,Dallas,Texas 75202("Headquarters") and the public safety entity requesting wireless 911 services,City of San Bernardino Police Department("PSAP")located in San Bernardino, California. 1. The Carrier and the PSAP intend to disclose to each other information, which may include confidential information, for the purpose(s)described in Attachment A hereto (the "Project"). The term "Confidential Information" shall mean any information or data which is disclosed by a party to the other party under or in contemplation of this Agreement and which: (a) if in tangible form or other media that can be converted to readable form, is clearly marked as proprietary, confidential or private when disclosed, or (b) if oral, is identified as proprietary, confidential, or private on disclosure and is summarized in a writing so marked and delivered within thirty (30) days following such disclosure. The summary may be in the form of a non- confidential description of the confidential information that was disclosed. Confidential information may be either the property of the disclosing party or information provided to the disclosing party by a corporate affiliate of the disclosing party or by a third party. �- 2. The receiving party acknowledges the economic value to the disclosing party of all Confidential Information. With respect to Confidential Information, the recipient shall: (a) use the Confidential Information only for the purpose(s) set forth in Attachment A; (b) restrict disclosure of the Confidential Information solely to those employees of such party and its affiliates with a "need to know" and not disclose it to any other person or entity without the prior written consent of the disclosing party; (c) advise those employees who gain access to Confidential Information of their obligations with respect to the Confidential Information; (d) make only the number of copies of the Confidential Information necessary to disseminate the information to those employees who are entitled to have access to it, and ensure that all confidentiality notices set forth on the Confidential Information are reproduced in full on such copies; and (e) safeguard the Confidential Information with the same degree of care to avoid unauthorized disclosure as recipient uses to protect its own confidential and private information. For the purposes of this Agreement only, "employees" includes third parties retained for temporary administrative,clerical or programming support. A "need to know" means that the employee requires the Confidential Information in order to perform his or her responsibilities in connection with the Project. 3. The obligations of Paragraph 2 shall not apply to any Confidential Information which the recipient can demonstrate: (a) is or becomes available to the public through no breach of this Agreement; (b) was previously known by the recipient without any obligation to hold it in confidence; (c) is received from a third party free to disclose such information without restriction; (d) is independently developed by the recipient without the use of Confidential Information of the disclosing party; (e) is approved for release by written authorization of the disclosing party, but only to the extent of and subject to such conditions as may be imposed in such written authorization; (t) is required by law or regulation to be disclosed,but only to the extent and for the purposes of such required disclosure; or (g) is disclosed in response to a valid order of a court or other governmental body of the United States or any political subdivisions thereof,but only to the extent of and for the purposes of such order; provided, however, that the recipient . shall first notify the disclosing party of the order and permit the disclosing party to seek an appropriate protective order. 4. When requested by the recipient, the disclosing party will provide a non-confidential resume of Confidential Information prior to disclosure of the actual Confidential Information to enable the recipient to determine whether it can accept the Confidential Information. Each party has the right to refuse to accept any information under this Agreement, and nothing obligates either party to disclose to the other party any particular information. 5. Each party acknowledges its obligation to control access to and/or exportation of technical data under the applicable export laws and regulations of the United States, and each party agrees to adhere to and comply with such laws and regulations with respect to any technical data received under this Agreement. 2 _ 6. Confidential Information, including permitted copies, shall be deemed the property of the disclosing party. The recipient shall, within twenty(20) days of a written request by the disclosing party, return all Confidential Information, including all copies thereof, to the disclosing party or destroy all such Confidential Information. The recipient shall also, within ten (10) days of a written request by the disclosing party, certify in writing that it has satisfied its obligations under Paragraphs 2, 6 and 7 of this Agreement. 7. Both parties agree that an impending or existing violation of any provision of this Agreement would cause the disclosing party irreparable injury for which it would have no adequate remedy at law, and that the disclosing party shall be entitled to seek immediate injunctive relief prohibiting such violation, in addition to any other rights and remedies available to it. 8. Nothing contained in this Agreement or in any discussions undertaken or disclosures made pursuant hereto shall (a) be deemed a commitment to engage in any business relationship, contract or future dealing with the other party, or (b) limit either party s right to conduct similar discussions or perform similar work to that undertaken pursuant hereto, so long as said discussions or work do not violate this Agreement. 9. No patent, copyright,trademark or other proprietary right or license is granted by this Agreement or any disclosure hereunder,except for the right to use such information in accordance with this Agreement. No warranties of any kind are given with respect to the Confidential Information disclosed under this Agreement or any use thereof, except as may be otherwise agreed to in writing. 10. This Agreement shall be effective as of the date first written above and shall continue until terminated by either party upon thirty (30) days prior written notice. All obligations undertaken hereunder shall survive any termination of this Agreement. The obligations hereunder with respect to confidential information disclosed prior to termination of this Agreement shall expire and terminate three(3) years after the date of termination of this Agreement. 11. This Agreement may not be assigned by either party without the prior written consent of the other. 12. If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of this Agreement shall continue in full force and effect. 13. Each party warrants that it has the authority to enter into this Agreement and to lawfully make the disclosures contemplated hereunder. 3 14. This Agreement, including Attachment A attached hereto and incorporated herein by this reference, represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings relating thereto. The provisions of this Agreement may not be modified, amended, or waived, except by a written instrument duly executed by both parties. This Agreement shall be governed in all respects by the domestic laws of the State of California. AT&T, Inc. P.O. Box 97061 Redmond, WA 98073 By: Title:4/o7pWlian Officer Date: City of San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92402-1559 By: Title: Date: APPROVED AS TO FORM: James F. Penman, City Attorney • C.u�,.n� :t By: 4 ATTACHMENT A TO NON-DISCLOSURE AGREEMENT To the Non-Disclosure Agreement dated I I 3D d between AT&T, hie. ("the Carrier") and City of San Bernardino Police Department("PSAP"). Purpose(s) for which Confidential Information is being disclosed: • Wireless 911 planning. Confidential information may include,but not be limited to: • One or more lists of Carrier transmission towers as updated from time to time and estimated coverage maps* associated with"border cells." • Network architecture plans and documentation and information contained therein. • Carrier proprietary supplier relationship information. • Carrier's external and internal pricing and cost information. Special Terms and Conditions: * Range and coverage provided on maps are estimated and provided to aid with routing decisions only. Factors such as topography, electronic interference, weather conditions and proximity to an operating cellular tower may affect transmission quality. Cellular phone quality, antenna type and placement may also affect reception. Carrier has contracted with several third party agents to provide certain 911 database management and consulting services. Carrier Confidential Information provided by these third party agents shall be subject to the terms herein as if said Confidential Information was provided directly by the Carrier. 5