HomeMy Public PortalAbout13-8706 One-year Agreement with Emergency Communication Network for Codered High Speed Telephone Sponsored by: City Manager
RESOLUTION NO. 13-8706
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE
CITY MANAGER TO ENTER INTO A ONE-YEAR
AGREEMENT WITH EMERGENCY COMMUNICATIONS
NETWORK, INC., FOR CODERED HIGH SPEED
TELEPHONE COMMUNITY NOTIFICATION SERVICES,
IN AN AMOUNT NOT TO EXCEED $9,750.00, PAYABLE
FROM ACCOUNT NO 14-512528, A BUDGETED ITEM;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, CodeRed is a high-speed telephone communication service that enables the
City to send emergency notifications; the CodeRed system has been a highly effective tool for the
City to communicate with its constituents); and,
WHEREAS,the CodeRed notification system can communicate to a specific area in the City
or the entire City within minutes; and
WHEREAS,the City has utilized the CodeRed System for four years,with the approval of
Resolutions 09-7455, 10-8166, 11-8287, and 12-8444
WHEREAS, the City Commission of the City of Opa-locka desires to authorize City
Manager to enter into a one-year agreement with Emergency Communications Network, Inc., for
CodeRed high speed telephone community notification services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 13-8706
Section 2. The City Commission of the City of Opa-locka, Florida, hereby authorizes
and directs City Manager to enter into a one-year agreement with Emergency Communications
Network,Inc.,for CodeRed high speed telephone community notification services in substantially the
form attached hereto,in an amount not to exceed$9,750.00,payable from account no 14-512528, a
budgeted item.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13TH day of November, 2013.
/
4.7/-11/
Y RA TAYLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
4
Jo` a Flores Jos W. I eller
City Clerk G ENSPto ON MARDER, PA
Ci Attorn y
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 11/13/2013 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterX in box) Yes No (EnterX in box)
X Public Hearing: Yes No Yes No
(Enter X in box) X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) General Fund- IT (EnterX in box) X
Acct# 14-512528
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterX in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational El
Bus.&Economic Dev 0
X Public Safety p
Quality of Education El
Qual.of Life&City Image 0
Communcation 0
Sponsor Name Department:
Short Title:
APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANANGER TO ENTER INTO A ONE YEAR
AGREEMENT WITH EMERGENCY COMMUNICATIONS NETWORK INC FOR CODERED HIGH SPEED
TELEPHONE COMMUNITY NOTIFICATION SERVICES FOR THE AMOUNT OF NINE THOUSAND SEVEN
HUNDRED FIFTY DOLLARS ($9,750.00) PAYABLE FROM ACCOUNT#14-512528
Staff Summary:
Code Red High Speed Telephone Community Notifications has proven to be a highly effective way for
the City to communicate with its constituents. This system has allowed the City to notify from a specific
area in the City to the entire City limits within minutes. The City has used CodeRed to communicate
road closures, Public Work projects, events, or anything that may impact the public. This one year
agreement will allow the City to continue to have access to this system at the same level or service we
had our initial year as well as any improvements or upgrades made.
Proposed Action:
Staff recommends continuing the CodeRed agreement as the system has proven to be highly efficient
and effective in communicating with residents.
Attachment:
CodeRed Agreement
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Memorandum
TO: Mayor Myra Taylor
Vice-Mayor Joseph L. •lley
Commissioner Timothy ,lme
Commissioner Dor•' by" I • •i•• hnson
Commissioner Luis +. .n �;
FROM: Kelvin L. Baker Sr, City Manag: I
DATE: October 30, 2013
RE: Authorization for CodeRed servic•s
Request: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY
MANANGER TO ENTER INTO A ONE YEAR AGREEMENT WITH
EMERGENCY COMMUNICATIONS NETWORK INC FOR CODERED
HIGH SPEED TELEPHONE COMMUNITY NOTIFICATION SERVICES
FOR THE AMOUNT OF NINE THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($9,750.00) PAYABLE FROM ACCOUNT #14-512528
Description: Code Red High Speed Telephone Community Notifications has proven to be a
highly effective way for the City to communicate with its constituents. This system
has allowed the City to notify from a specific area in the City to the entire City limits
within minutes. The City has used CodeRed to communicate road closures, Public
Work projects, events, or anything that may impact the public. This one year
agreement will allow the City to continue to have access to this system at the same
level or service we had our initial year as well as any improvements or upgrades
made.
Financial Impact: $9,750.00 budgeted. Payable from account 14-512528
Implementation Time Line: Immediate
Legislative History: Resolution 09-7455 was approved for the first year of CodeRed service.
Resolution 10-8166 was approved for the second year of CodeRed
service
Resolution 11-8287 was approved for third year of CodeRed service
Resolution 12-8444 was approved for fouth year of CodeRed service
Recommendation(s): Staff recommends renewing the CodeRed agreement as the system has
proven to be highly efficient and effective in communicating with residents.
Code Red Agenda Item
Analysis: The results that the Internet mapping system that geographically targets
calls are impossible to achieve in house and reach such a large number of
individuals in such a short amount of time. CodeRed is extremely effective
in providing vital communication to residents that may be in harm's way.
During the 4 years of service, CodeRed has provided City residents with
information within minutes of the calls being sent out.
ATTACHMENT(S): CodeRed Agreement
PREPARED BY: Nelson Rodriguez, Information Technology Director
END OF MEMORANDUM
Code Red Agenda Item
CODERED SERVICES AGREEMENT
This CodeRED® Services Agreement ("Agreement") is made and effective as of September 30, 2013 (the
"Effective Date") by and between Emergency Communications Network, LLC. a Delaware Limited Liability
Company("Licensor")located at 9 Sunshine Boulevard, Ormond Beach, FL 32174 and the City of Opa-locka, a
body politic and corporate of the State of Florida ("Licensee") located at 3400 NW 135 Street, Building B,
Opa-locka,FL 33054.
Licensor is the owner of a service identified as "CodeRED® Emergency Notification System" (the "Service"),
which is designed to allow authorized licensed users to have access 24 hours a day, 7 days a week for the
purpose of generating high-speed notifications to targeted groups via an Internet-hosted software application.
Licensee desires to utilize the Service for the purpose of communicating matters of public interest and concern.
The parties agree as follows:
1. License: Licensor grants Licensee a non-exclusive and non-transferable license (the "License") to allow
departments under the sole control of Licensee to use the Service, in accordance with the terms of this
Agreement, provided however, in no instance shall the Service be used by any school, school system,
departments of education, university department(s), or by any departments which are not directly governed by
Licensee without the prior written consent of Licensor. Licensor offers alternate licensing solutions specifically
designed for education separate from the Service. Licensor reserves the right to either charge additional fees or
terminate this Agreement if other parties not contemplated in this Agreement are granted access to the Service
by Licensee. Licensee assumes full and complete responsibility for the use of the Service by anyone whom
Licensee permits to use the Service or who otherwise uses the Service through Licensee's access codes.
Licensee may not assign, license, sublicense, rent, sell or transfer the License, the Service, those codes used to
access the Service, or any rights under this Agreement. To access the Service, Licensor will provide Licensee
with up to five (5) unique user name(s) and password(s). Additional users pass codes may be obtained at an
additional annual fee as outlined in Exhibit A, attached hereto and incorporated by reference.
2. Ownership: Licensee also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble,
decompile or otherwise tamper with the Service or any software provided. The Licensee's License confers no
title or ownership in the Service or its underlying technology.
3. Functionality: The Service provides the ability for Licensee to generate high-speed notifications to
geographically selected calling areas and/or listed databases via an Internet-hosted software application. The
Service utilizes an interactive voice response telephone service to record Licensee voice messages and initiate
telephone call-out projects. Licensee's community database(s) shall be limited to containing contact data
located within the geographic boundaries (determined by Lat/Lon coordinates) of the City of Opa-locka,
Florida (the "Calling Area"). Licensee may only place calls via the system to telephone numbers assigned
within the 48 contiguous United States of America. International call rates may be set by separate agreement.
Any additional Service functions will be charged at the rates on Exhibit A.
4. Term: This Agreement, and the License extended herein, will continue for a period of one (1) year(the "Initial
Term") commencing on the Effective Date. Upon termination of this Agreement, whether by expiration of the
Initial Term, any Renewal Term (as hereinafter defined)(the Initial Term and any Renewal Term, collectively, the
"Term"), or as otherwise set forth herein, Licensee's access to the Service will be terminated.
5. Costs for the Service: During the Term of this Agreement, Licensee agrees to pay all costs and fees for
utilizing the Service, as described in Exhibit A, and as set forth in this paragraph. Licensee understands and
agrees that the pricing set forth on Exhibit A is predicated on a population within the Calling Area not to exceed
16,000. Licensee further understands and agrees that a deviation above 10% of such population, as is listed in
this Agreement, shall result in increased pricing at Licensor's then-current rates. Payment for the Service is due
and payable upon Licensee's receipt of invoice (ROI). Finance charges at a rate of 1% per month (12% per
annum) will be charged on all balances outstanding beyond 60 days. All payments due under this agreement
shall be paid to: Emergency Communications Network, LLC at 9 Sunshine Blvd., Ormond Beach, FL 32174.
Licensee understands and agrees that the prices set forth on Exhibit A are not final until this Agreement has
been fully executed, and that it is at Licensor's discretion to honor such prices in the event this Agreement has
not been returned to the Licensor within 90 days from the date this Agreement was drafted for the Licensee.
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6. Discount Contract Extension: Upon each annual anniversary of the Effective Date of this Agreement, the
Term of this Agreement will automatically extend for an additional one-year period (each a "Renewal Term"),
except as otherwise set forth herein. This contract extension provision will continue to extend the Agreement
period by one (1) additional year upon each annual anniversary of the Effective Date. Either party may
cancel this renewal provision by submitting written notice to the other no less than 30 days prior to the
end of the then current Initial Term or Renewal Term. In the event the Agreement is extended:
a) Licensor will update its systems to extend the active software License and associated access codes for one
additional year of use;
b) Licensor will invoice Licensee for additional year(s) of service at the rate of nine thousand five hundred
dollars($9,500)per year and
c) Licensee agrees to pay the contract extension fee set forth in this paragraph upon receipt of invoice from the
Licensor, subject to the same terms as set forth in paragraph 5.
7. Termination: Licensee or Licensor may terminate this Agreement at the completion of the Initial Term or the
then-current Renewal Term by providing Licensor with no less than 30 days advance written notice prior to the
end of the Term. Licensee understands and agrees that failure to provide notice as set forth herein shall result in
automatic renewal. Upon termination of this Agreement, Licensee will return all Confidential Information (as
hereinafter defined) and copies to Licensor. Licensor, in its sole discretion, may also terminate this Agreement:
a) for any reason by providing no less than 30 days advance notice, and in such case, Licensor will refund to
Licensee an amount equal to the monthly-prorated balance of the annual fee based on the number of days left
in the term of the Agreement less the rate of $0.09 cents times each System Minute used by Licensee; or b)
immediately, and without further notice, as a result of Licensee's breach of this Agreement, and in such case, no
fees paid hereunder shall be refunded. Upon termination, Licensee agrees to remove from Licensee's
computer(s), and any computers within Licensee's control, any and all files and documents related to the
Service.
8. Copyright: Licensee understands and agrees that United States copyright laws and international treaty
provisions protect the Service. Except for the limited License provided for herein, Licensor reserves all rights in
and to the Service and all underlying data, compilations, and information maintained by Licensor relating to the
Service, including but not limited to, the source or object code. Licensee shall not make any ownership,
copyright or other intellectual property claims related to the Service or data processed through the Service.
9. Representations and Warranties: Licensee acknowledges and agrees that: (a) the Service is run by software
that is designed to be active 24 hours per day, 365 days per year; software in general is not error-free and the
existence of any errors in Licensee's software used in conjunction with the Service shall not constitute a breach
of this Agreement; (b) in the event that Licensee discovers a material error which substantially affects
Licensee's use of the Service, and Licensee notifies Licensor of the error, Licensor shall use reasonable
measures to restore access to the Service, provided that such error has not been caused by incorrect use,
abuse or corruption of the Service or the Service's software or by use of the Service with other software or on
equipment with which it is incompatible by Licensee or a third party accessing the Service through Licensee's
passcodes; (c) Licensee is responsible for maintaining access to the Internet in order to use the Service;
Licensor in no way warrants Licensee's access to the Internet via Licensee's Internet Service Provider(s); (d)
Under certain rare instances not all technologies are compatible without manual intervention by both parties.
Licensee agrees that its staff will cooperate with Licensor's staff to make necessary modifications to allow the
Service to perform; and (e) the individual signing on behalf of Licensee is an authorized officer, employee,
member, director or agent for Licensee and has full authority to cause Licensee to enter into and be bound by
the terms of this Agreement and this Agreement fully complies with all laws, ordinances, rules, regulations, and
governing documents by which Licensee may be bound.
10. Security: Licensor will use commercially reasonable practices and standards to secure and encrypt data
transmissions. Licensee understands and acknowledges that Licensor is providing the Service on the World
Wide Web through an "upstream" third party Internet Service Provider, utilizing public utility services which may
not be secure. Licensee agrees that Licensor shall not be liable to Licensee in the event of any interruption of
service or lack of presence on the Internet as a result of any disruption by the third party Internet Service
Provider or public utility. Licensee agrees that Licensor cannot guarantee the integrity of any Licensee supplied
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or user supplied data. Any errors, duplications, or inaccuracies related to Licensee or user supplied data will be
the responsibility of the Licensee.
11. Disclaimer: In no event (even should circumstances cause any or all of the exclusive remedies to fail their
essential purpose, and even if Licensor has been advised of the possibility of such damages) shall Licensor, its
officers, directors, managers, members employees or agents, be liable for any indirect, punitive, special,
incidental or consequential damages of any nature (regardless of whether such damages are alleged to arise in
contract, tort or otherwise), including, but not limited to, loss of anticipated profits or other economic loss in
connection with or ensuing from the existence, furnishing, function, or Licensee's use of any item or products or
services provided for in this Agreement. Licensee understands that the cumulative liability of Licensor for any
and all claims relating to the Service provided by Licensor shall not exceed that total amount paid by Licensee
for the most recent payment made by Licensee to Licensor. The Service is provided as-is, and Licensor
disclaims all warranties, express or implied, and does not warrant for merchantability or fitness of a
particular purpose. Licensee recognizes that once email and text messages have been released from
Licensor's equipment, the ultimate delivery of the messages depends on the message recipient's local network.
As a result Licensor cannot guarantee the delivery of email and text messages to a recipient.
12. Appropriate Use of The Service: To access the Service, Licensor will provide Licensee with unique user
name(s) and password(s). Licensee agrees to maintain such user name(s) and password(s) as private and
confidential information. Licensee agrees to use the Service in a way that conforms with all applicable laws and
regulations. Licensee agrees not to initiate a call, such that the same call is to be delivered to two (2) or more
lines of a business. Licensee specifically agrees not to make any attempt to gain unauthorized access to any of
Licensor's systems or networks. Licensee agrees that Licensor shall not be responsible or liable for the content
of the message(s) created by Licensee, or by those who access the Service using Licensee's codes, or
otherwise delivered by the Service on behalf of Licensee. Licensee agrees to defend, indemnify and hold
harmless Licensor and its affiliates, employees, officers, directors, managers, members and agents from any
and all liabilities, costs, and expenses, including reasonable attorneys' fees, whether brought by a third party,
arising from any violation of this Agreement by Licensee; from the content, placement, or transmission of any
messages or materials sent or maintained through Licensee's accounts, or use of the Service through
Licensee's account. Licensee shall be responsible for compliance with all applicable laws regarding outbound
telemarketing, which may include, but are not limited to the Federal Telephone Consumer Protection Act of
1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules and regulations
promulgated thereunder, as well as State and Local telemarketing laws and requirements. Licensee will be
solely responsible and liable for any such violations and shall defend, indemnify and hold Licensor harmless
from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses, including attorneys' fees
(whether by salary, retainer or otherwise), arising out of or resulting from, in whole or in part, a violation of such
laws.
13. Confidentiality: Licensor acknowledges the confidential nature of Licensee and user supplied data and files
that it is to prepare, process or maintain under this Agreement, and agrees to perform its duties in such a
manner as to prevent the disclosure to the public or to any persons not employed by Licensor, any confidential
data and files. Data collected by Licensor will remain secured on Licensor's equipment and will only be released
upon mutual agreement by both parties or a court order of sufficient jurisdiction. Licensee understands and
agrees that private citizens and other persons in the Calling Area may voluntarily contribute their contact
information to be used in the Service, and that Licensor shall develop and maintain a database of such
information, along with other information privately developed by Licensor (the "Data"). Licensee acknowledges
and agrees that Licensor desires to maintain the privacy of the Data, and that Licensee shall take no steps to
compromise the privacy of the Data. Licensee further acknowledges that Licensor shall disclose to Licensee
certain confidential, proprietary trade secret information of Licensor (along with the Data, "Confidential
Information"). Confidential Information may include, but is not limited to, the Service, computer programs,
flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing
information, user data, Calling Area data, financial information or business plans. Licensee agrees that, at all
times during and after the termination of this Agreement, Licensee will not, without the express prior written
consent of Licensor, disclose any Confidential Information or any part thereof to any third party. Nothing in this
Agreement will be deemed to require Licensor to disclose any Confidential Information to Licensee or to prohibit
the disclosure of any information in response to a subpoena or other similar order by a court or agency. The
Licensee will promptly notify the Licensor of the receipt of any subpoena or other similar order and of any
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request under the Public Information Act or any other similar law, and will assist Licensor in preventing the
disclosure of the Confidential Information pursuant to same to the extent required by Licensor.
14. Entire Agreement: this Agreement supersedes all prior understandings or agreements, whether oral or written,
on the subject matter hereof between the parties. Only a further writing that is duly executed by both parties may
modify this Agreement. The terms and conditions of this Agreement will govern and supersede any additional
terms provided by Licensee, including but not limited to additional terms contained in standard purchase order
documents and third party application terms, unless mutually agreed to, via written signature, by Licensor. The
terms of this Agreement shall not be waived except by a further writing executed by both parties hereto. The
failure by one party to require performance of any provision shall not affect that party's right to require
performance at any time thereafter, nor shall any waiver under this Agreement constitute a waiver of any
subsequent action.
15. Notices: All notices or requests, demands and other communications hereunder shall be in writing, and shall
be deemed delivered to the appropriate party upon: (a) personal delivery, if delivered by hand during ordinary
business hours; (b)the day of delivery if sent by U.S. Mail, postage pre-paid; (c)the day of signed receipt if sent
by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided
and in each case addressed to the parties as follows:
As to Licensor: Emergency Communications Network, LLC, 9 Sunshine Blvd. Ormond Beach, FL 32174
As to Licensee: City of Opa-locka, Attn: Kelvin L. Baker/City Manager, 3400 NW 135 Street, Building B,
4th Floor, Opa-locka, FL 33054
Either party may change the address provided herein by providing notice as set forth in this paragraph.
16. General: Each party to this Agreement agrees that any dispute arising under this Agreement shall be submitted
to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration
Association, and that any award granted pursuant to such arbitration may be rendered to final judgment. If any
dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney's fees from the losing
party for enforcement of any right included in this Agreement, whether in Arbitration, a Court of first jurisdiction
and all Courts of Appeal.
17. Interpretation and Severability: In the event any provision of this Agreement is determined by an arbitrator or
court of competent jurisdiction to be void, the remaining provisions of this Agreement shall remain binding on the
parties hereto with the same effect as though the void provision(s)had been limited or deleted, as applicable.
18. Counterparts and Construction: This Agreement may be executed in counterparts, each of which shall
constitute an original, with all such counterparts constituting a single instrument. The headings contained in this
agreement shall not affect the interpretation of this Agreement and are for convenience only. Licensee agrees
that this Agreement shall not be construed against the Licensor as the drafter, and that Licensee has read and
understands this Agreement, and had the opportunity to review this Agreement with legal counsel.
19. Survival: Certain obligations set forth herein represent independent covenants by which either party hereto may
be bound and shall remain bound regardless of any breach of this Agreement and shall survive termination of
this Agreement.
IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) indicated below.
Licensee: Licensor:
City of Opa-locka,Florida Emergency Communications Network, LLC
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
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Exhibit A— Service Charges
Discounted CodeRED Service Agreement $9,500.00
Unlimited CodeRED System Minutes $ Included
Up to 5 CodeRED user pass codes $ Included
Additional pass codes may be purchased for an annual fee of$150.00 per pass code.
One(1)CodeRED distance training session $ Included
Additional distance training sessions may be purchased for$150.00 per hour(one hour minimum)
In person training sessions may be purchased for$1,500.00 per trainer,per day,plus all travel,lodging and ground transportation
Initial Residential Database Upload $Waived
Standard CodeRED data collection website $ No Charge
Standard CodeRED mapping interface and data layers $ No Charge
Email and Text Messaging $ No Charge
Annual System Maintenance, including all Software Upgrades $ No Charge
Additional Insured Coverage $ 250.00
TOTAL: $9,750.00
Database Accuracy Updates:
Licensor Supplied Database: "Database Accuracy Updates" ensure that the data population maintained by Licensor under
this Agreement undergoes periodic accuracy checks using the Licensor's most current in-house compiled database
including, but not limited to, household addresses and telephone numbers. It will be the sole responsibility of the Licensee to
maintain database accuracy and request updates from the Licensor.
One annual "Database Accuracy Update" will be performed by the Licensor upon request by the Licensee at no charge.
Additional updates requested by Licensee will incur charges at the rate listed below after the update service is completed by
Licensor.
2.5¢per record in final updated database population.
Licensee Supplied Database: A service labor fee of One Hundred Dollars ($100.00) per hour will be billed to Licensee for
any data importing,manipulating,and loading any database supplied by Licensee or on Licensee's behalf to Licensor.
$100 per hour for database maintenance
OPTIONAL: GIS Upload and Hosting upon request: $2,500
GIS information must be in a standard format recognizable and electronically transferable to the CodeRED system. Up to 10 layers maybe
loaded for use in the System.Licensee may update up to 10 layers annually at Licensees discretion.
GIS Custom Street"single layer"Upload and Hosting upon request:$250
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