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HomeMy WebLinkAboutC2007-071 - 3/23/2007 - NACity of Corpus Christi, Texas 9 -1 -1 EMERGENCY SERVICE AGREEMENT WITH VOICE OVER INTERNET PROTOCOL SERVICE PROVIDER (VSP) FOR DYNAMIC AUTOMATIC LOCATION IDENTIFICATION SOLUTION This 9 -1 -1 Emergency Service Agreement ("'Agreement") is by and between AT &T Corp.. ( "VoIP Service Provider" or "VSP") and the City of Corpus Christi, Texas (" he 9 -1 -1 entity" or "the City "). The terms and conditions of this Agreement shall apply to the 9 -1 -1 Entity individually and all parts where individual activities are to occur by or for the 9 -1 -1 Entity shall be done in accordance with this Agreement for the 9 -1 -1 Entity unless specified otherwise in this Agreement or in an Amendment. This Agreement establishes the terms and conditions for Enhanced 9 -1 -1 ( "E9 -1 -1 ") emergency service interconnection by which VSP will interface with the applicable Wireline E9 -1 -1 Network system via the 9 -1 -1 network service provider and 9 -1 -1 database management service provider in its provision of Voice over Internet Protocol ('`VoIP ") communication services to provide wireline equivalent E9 -1 -1 service through a solution consistent with the National Emergency Number Association ( "NENA ") recommended I2 standard ( "I2 ") for 9 -1 -1 calls from customers within the emergency service area served by the 9 -1 -1 Entity (the "9 -1 -1 Entity's Jurisdiction "), in accordance with relevant orders and rules of the Federal Communications Commission ( "FCC ") and this :Agreement. Collectively, VSP and 9 -1 - -1 Entity may be referred to herein as, the "Parties." This Agreement does not address E9 -1 -1 Service to be provided to any Mobile VoIP customers, and such service shall be addressed via a separate amendment to this Agreement (an "Amendment ") as may be needed in the future. This Agreement also does not address automated provisioning of location information, but does not preclude VSP from using such automated provisioning if such location information is delivered to the 9 -1 -1 network service provider and the 9 -1 -1 database management service provider in the same or comparable format and way as provided for MSAG -valid civic address location information envisioned under this Agreement. Any other automated provisioning shall be addressed via a separate Amendment to this Agreement as may be needed in the future. WHEREAS, 9 -1 -1 Entity is a political subdivision of the State of Texas operating pursuant to Chapter 771 or Chapter 772 of the Texas Health and Safety Code, §§ 771.001 et seq., 772.001 et seq., or other applicable laws pertaining to emergency communication districts, which provide for the interconnection of service suppliers into the 9 -1 -1 Entity's Jurisdiction; and WHEREAS, laws and /or regulatory decisions have encouraged the provision of voice formation services, and /or advanced services in the local 2007 -071 03/23/07 AT &T Corporation 1 marketplace by service suppliers other than the holder of a certificate of convenience and necessity ( "CCN "); and WHEREAS a CCN holder is a local exchange carrier that holds a CCN granted to it by the Public Utility Commission of Texas ( "PUC ") for the service area(s) within the 9 -1 -1 Entity's Jurisdiction; and WHEREAS, VolP service is an alternative way of providing voice communication services and its regulatory, legal status, and operating standards are currently evolving; and WHEREAS, the FCC has issued an Order in WC Docket No. 04 -36 and WC Docket No. 05 -196 and adopted 47 C.F.R. 9.5 requiring Interconnected VSPs, at a minimum, to transmit all 9 -1.1 calls and route them to the correct Public Safety Answering Point ( "PSAP ") via the Wireline E9 -1 -1 Network serving 9 -1 -1 Entity and to also provide Automatic Number Identification (" ANI ") and the caller's Registered Location for such 9 -1 -1 calls, unless the PSAP cannot receive the ANI or the Registered Location information: and WHEREAS, the FCC has permitted VSP to meet these obligations in different ways: (1) by interconnecting indirectly through a third -party such as a competitive Local Exchange Company ( "LEC "); (2) interconnecting directly with the 9 -1 -1 network; or (3) through any other solution that allows VSP to offer E9 -1 -1 service as required by the FCC rules and orders; and WHEREAS, the FCC has also granted a waiver permitting at least one VoIP service provider to obtain numbering resources directly from the North American Numbering Plan ( "NANP "), and the FCC has indicated that it may or may not grant comparable waivers to other similarly situated Vo1P providers and address such numbering issues in other FCC proceedings and WHEREAS, to implement an effective E9 -1 -1 solution that is equivalent to that available to customers of a CCN holder as consistent with applicable FCC rules and orders, VSP desires that it or its third -party agents or vendors have connection to the 9 -1 -1 network, access to the 9 -1 A database, and access to the Master Street Address Guide ( "MSAG ") and MSAG updates for the 9 -1 -1 Entity's Jurisdiction, and to operate in a manner consistent, with the 9 -1 -1 responsibilities and quality of service requirements set forth herein; and WHEREAS, VSP agrees that it shall conform its operations and practices to the level of 9 -1 -1 emergency service provided for in this Agreement; and further agrees that its commitment to provide such levels of service shall be in accordance with Applicable Laws, unless permitted otherwise by mutual written agreement of the Parties to this Agreement; and 2 WHEREAS, 9 -1 -1 emergency service interconnection is necessary to protect, maintain, and further the high quality. standards -based 9 -1 -1 emergency service and should not inappropriately and unreasonably increase the costs of 9 -1 -1 emergency service to 9 -1 -1 Entity; and WHEREAS, 9 -1 -1 Entity recognizes that FCC orders and rules and industry practices and standards related to VoIP are evolving and that nothing in this Agreement shall be interpreted in a manner inconsistent with, or to prohibit, VSP's compliance with any current or future FCC requirements on VSP; and WHEREAS, VSP recognizes that 9 -1 -1 Entity's Wireline E9 -1 -1 Network is evolving and that nothing in this Agreement shall be interpreted in a manner inconsistent with, or to prohibit, 9 -1 -1 Entity's further evolution of its 9 -1 -1 Network and 9 -1 -1 Database Management Services. including a Next Generation 9 -1 -1 Network or NENA Future Path Compliance. NOW, THEREFORE. in consideration of the listed mutual promises and benefits, the Parties agree as follows: The Attachments attached to and hereby incorporated into and part of this Agreement are: Attachment 1 Attachment 2 Attachment 3. Attachment 4. Attachment 5. Attachment 6. Attachment 7. Attachment 8a. Attachment 8b. Definitions VSP Exhibit/VSP Notification Form [Identification of ESGW(s) and VPC(s)] Service Plan [Attachment 1, plus VPC Exhibit, ESGW Exhibit, and ESGW 9 -1 -1 Trunk Interconnection Exhibit] Test Plan Work Plan of Minimum Roles and Responsibilities 9 -1 -1 Service Fee Rate and Locations 9 -1 -1 Service Fee Transmittal Form 9 -1 -1 Default Routing Designation VSP Escalation and Contact List 9 -1 -1 Entity Escalation and Contact List A. For purposes of this Agreement (including all Attachments and any Amendments), the following terms (whether capitalized or not) shall have the same meaning as such is used in the recommended I2 Solution Standards or other applicable NENA standards: 3 WHEREAS, 9 -1 -1 emergency service interconnection is necessary to protect, maintain, and further the high quality, standards -based 9 -1 -1 emergency service and should not inappropriately and unreasonably increase the costs of 9 -1 -1 emergency service to 9 -1 -1 Entity; and WHEREAS, 9 -1 -1 Entity recognizes that FCC orders and rules and industry practices and standards related to VoIP are evolving and that nothing in this Agreement shall be interpreted in a manner inconsistent with, or to prohibit, VSP's compliance with any current or future FCC requirements on VSP; and WHEREAS, VSP recognizes that 9 -1 -1 Entity's Wireline E9 -1 -1 Network is evolving and that nothing in this Agreement shall be interpreted in a manner inconsistent with, or to prohibit, 9 -1 -1 Entity's further evolution of its 9 -1 -1 Network and 9 -1 -1 Database Management Services, including a Next Generation 9 -1 -1 Network or NENA Future Path Compliance. NOW, THEREFORE, in consideration of the listed mutual promises and benefits, the Patties agree as follows: The Attachments attached to and hereby incorporated into and part of this Agreement are: Attachment 1 Attachment 2 Attachment 3. Attachment 4. Attachment 5. Attachment 6. Attachment 7. Attachment 8a. Attachment 8b. 1. Definitions VSP Exhibit/VSP Notification Form [Identification of ESGW(s) and VPC(s)] Service Plan [Attachment 1, plus VPC Exhibit, ESGW Exhibit, and ESG W 9 -1 -1 Trunk Interconnection Exhibit] Test Plan Work Plan of Minimum Roles and Responsibilities 9 -1 -1 Service Fee Rate and Locations y-1 -1 Service Fee Transmittal Form 9 -1 -1 Default Routing Designation VSP Escalation and Contact List 9 -1 -1 Entity Escalation and Contact List A. For purposes of this Agreement (including all Attachments and any Amendments), the following terms (whether capitalized or not) shall have the same mwning as such is used in the recommended I2 Solution Standards or other applicable NENA standards: 3 EgKrgpWy EV, Rot'ng E5 RoWng Eg rgega EWfReggy Service Zone (ESZ) Database (ERDB) Database (ERDB) Operator Services QgM Key (ESRK) Services Routing Number (ESRN) L t Ro . g Option Mj*ter Srt Address Guide (MSAG) M AG Address M ile Nional,Emergency Number Association (NENA) NSNA F ure Path Compliance ftt Gyration 9 -1 -1 Network N ' adic NO-Native Telephone Number PgWl Address Vkdatigg Database (VDB) V jW Positioning Center (VPC) VC Provider Vice over -.. Internet Protocol Services (VoIP) VW Service Provider B. For purposes of this Agreement (including all Attachments and any Amendments), the following terms (whether capitalized or not) shall be defined as such terltn is defined in 47 C.F.R. 9.5: Automatic Number Identification (ANI In rconMted VoIP Service PSudo Attomatic Number Identification (pANI) P*lic Suety Answering, Point R aster' " Location )yjLelinqE9-l-1 Network C. For purposes of this Agreement (including all Attachments and any Amendments), the following terms (whether capitalized or not) shall be defined as set forth below: Aomate,d Provisioning — The ability to automatically identify the VoIP customer without the VoIP end user having to register their location information via an automated process. DYNAMIC ALI DATA ELEMENTS DELIVERED TO 9 -1 -1 SYSTEM - A Dynamic ALI record is one that a Voip and/or Wireless Service Provider provides to a PSAP identifying the location of a 911 call. This is done during call processing. Dynamic data will be transaction oriented rather than file oriented and will be provided via interfaces like PAM or E2 to the PSAP. Actual data format will be dependent upon the interface used 4 Mobile VoIP Service - The use of VoIP for a customer that can move his or her location dining a call, as distinguished from nomadic VoIP that allows a customer to move his or her location but not during an actual call. MSAG Valid Civic Location - The location information that has been validated against the 911 Entity MSAG, The 91 1 Entity preferred spelling represents the MSAG Valid Civic Location, even though it may not be a legitimate civic address. pANI Administrator - The entity or entities responsible for distributing and/or managing pANIs for VoIP E9 -1- ] services SMice Provider - as such term is defined by any rules of the Texas Commission on State Emergency Communications or as used in the Texas Health and Safety Code, Chapter 771 and/or 772, used in its broadest possible interpretation consistent with legislative intent to cover those companies or entities necessarily involved in the provision of Enhanced 9 -1 -1 Emergency Services (E9 -1 -1), including, but not limited to, for purposes of E9 -1 -1 service delivery, confidentiality of end user customer information, limitation of liability protections, and delivery of 9 -1 -1 emergency service fees from end user customers. This term has the same mean as the term Service Supplier. Service Supplier - as such term is defined by any rules of the Texas Commission on State Emergency Communications or as used in the Texas Health and Safety Code, Chapter 771 and/or 772, used in its broadest possible interpretation consistent with legislative intent to cover those companies or entities necessarily involved in the provision of Enhanced 9 -1 -1 Emergency Services (E9 -1 -1), including, but not limited to, for purposes of E9 -1 -1 service delivery, confidentiality of end user customer information, limitation of liability protections, and delivery of 9 -1 -1 emergency service fees from end user customers. This term has the same meaning as the term Service Provider. D. All other terms not defined above shall have the same meaning as such is used in or defined by the FCC rules and NENA standards or as indicated by the content and context of this Agreement or applicable statutes and rules. In the event of a direct conflict between an FCC rule definition and any other definition, the FCC rule defin#ion shall prevail. 2. VoIP Service Configuration A. VSP may provide ESGW and VPC functions itself or contract with ESGW and VPC entities that have a documented contractual relationship with 9 -1 -1 Entity. However, to the extent that VSP intend to self - provision ESGW and/or VPC functions, than VSP must execute a separate ESGW Agreement and/or VPC Agreement with the City of Corpus Christi and complete the related attachments to those agreements. However, under either situation VSP remains ultimately responsible for proper service provisioning. 5 I To the extent that the VSP contracts with such an ESGW entity, then the VSP's ESGW shall be responsible for compliance with all applicable paragraphs of this Agreement related to ESGW functions, including, but not limited to, Paragraph Nos. 4, 5, 6, 7, S. 9, 1 E , 12, 13. 16. 17, 18, and 19 of this Agreement on behalf of VSP. However, VSP reIIIallls ulLlinaiCly Iespouslble 'Im ;is and As ESGI.V c- Ou- npliance with all applicable paragraphs of this Agreement related to ESGW functions, including but not limited to, Paragraph Nos. 4. 5, 6, 7, 8, 9, 11, 12, 13, 16, 17, 18, and 19. 2, To the extent that the VSP contracts with such a VPC entity, then the VSP's VPC shall be responsible for compliance with all applicable paragraphs of this Agreement, including, but not I imited to, Paragraph Nos. 4, 5, 7, 8, 9, 13, 16, 17, 18, and 19 of this Agreement on behalf of VSP. However, VSP remains ultimately responsible for its and its VPC compliance with all applicable paragraphs of this Agreement, including but not limited to, Paragraph Nos. 4. 5, 7, 8, 9, 13, 16, 17, 18, and 19. 3. For purposes of initial implementation, VSP has initially elected to use Intrado as an ESGW; and elected to use Intrado as a VPC. VSP shall designate these decisions by submitting completed copy of the VSP Exhibit, which is A,tchnont No. 1 to this Agreement, to the 911 Entity. B. For purposes of compliance with Paragraph 10 of this Agreement related to remittance of 9 -1 -1 service fees, VSP may contract with the ESGW, the VPC, or another entity to perform those functions on its behalf as long as specified and agreed to by 9 -1 -1 Entity in an Attachment or an Amendment to this Agreement. However, VSP remains ultimately responsible for the proper remittance of 9 -1 -1 service fees, and VSP remains ultimately responsible for the performance of its ESGW and its VPC. i C. VSP agrees that any changes to this method of interconnection (including any change in who performs the ESGW and VPC functions) shall require at least thirty (30) days advance notice to 9 -1 -1 Entity and an Amendment to this Agreement; and 9 -1 -1 Entity agrees that if VSP contracts with a third -party or a different third -party to perform the ESGW or VPC functions, then this Agreement shall be modified or amended to the extent necessary to reflect respective changes in roles and responsibilities under this Agreement. VSP shall designate changes in these decisions by submitting complgted, revised copy of the VSP Exhibit, which is Attachment No. 1 to this Agreement, to the 9- 1 -1 Entity. D. VSP further agrees that VSP, its ESGW, and its VPC shall all upon request provide reasonable statistical reports and source data supporting quality measurements for VSP. ESGW, and VPC functions to ensure service provision consistent with standards and best practices. 3. ARPlicable Laws. A. Without admitting or denying that the 9 -1 -1 laws and regulations applicable to CCN holders apply to VSP, VSP agrees that its interconnection 6 arrangements for 9 -1 -1 emergency service, including, but not limited to, interconnection arrangements to the Wireline E9- l -1 Network, shall meet the minimum standards specified in the following ( "Applicable Laws"): u. FCC Order in ` -':VC T-) xket No. 04 -36 and WC Docket No. 05-196 and FCC rules adopted in 47 C.F.R. 9.5, b. laws, orders, rules and regulations addressing, including, or interpreting standards or features for 9 -1 -1 emergency service applicable to VSP; c. any requirements promulgated in the future by 9 -1 -1 Entity pursuant to the authority vested in 9 -1- I Entity b y the Applicable Laws and the applicable provisions of this Agreement; d. any other pertinent laws or rules applicable to VSP. Where possible, VSP may exceed dic above minimum standards, if exceeding above standards does not cause an increase in the cost to 9 -1 -1 Entity or negatively impact 9 -1 -1 Entity's operations. B. Without admitting or denying that the 9 -1 -1 laws and regulations applicable to CCN holders apply to VSP, VSP agrees that it will comply with the relevant provisions of the Applicable Laws and any requirements implementing or interpreting such Applicable Laws. C. VSP responsibilities shall be consistent with the Draft NENA I2 standard, the final adopted NENA I2 standard, and other industry and technical standards or provide reasonable functional equivalence and service. As may be needed and at the appropriate time. VSP responsibilities may be renegotiated to be consistent with NENA I3 deployment and standards or provide reasonable functional equivalence and service; however, nothing in this Agreement shall restrict 9 -1 -1 Entity from moving forward with I3 deployment. D. VSP and 9 -1 -1 Entity do not waive and expressly reserve their respective rights to advocate any position before any local, state, or federal regulatory authority or to seek any available judicial remedies at law or in equity. In the event that any part ofIthis Agreement or Applicable Laws is held to be invalid or pre - empted by a court or regulatory authority of competent jurisdiction, the Parties agree to modify this Agreement consistent with upholding the valid or non - pre - empted parts of this Agreement and with upholding the level of 9 -1 -1 service quality to the extent permitted by law in a manner consistent with this :agreement. Nothing in this Agreement prohibits VSP from requesting a waiver or modification of any requirement in this Agreement from an authorized regulatory authority, as a result of a change in Applicable Law, development of VoIP technology, or otherwise. 4e Sgrvice Plans. 7 A. VSP shall submit for 9 -1 -1 Entity's approval a plan for VSP's provision of 9 -1 -1 emergency service within the 9 -1 -1 Entity's Jurisdiction (the "Service Plan'). The sample Service Plan i� provided as Attachment No. 2 hereto. The Service Plan shall consist of (1) a reasonably detailed explanation for 9 -1 -1 Entity to determine VSP's compliance with the requireiiients of this tAgieciiieiit, grid (2) a :cctwork diag ain ficiii the ESGW(s) and the VPC(s) (if requested). The initial Service Plan shall only apply to the I2 or pre -I2 solution and shall not include or address Mobile VoIP Service. A proposal by VSP to address Mobile V SIP Service must be by a separate plan and a specific mutually agreed amendment to the Service Plan to address mobility properties. The Service Plan must also include an explanation of the source of VSP telephone numbers, a statement as to whether VSP will be in compliance with NANP guidelines and requirements, and an explanation of how VSP will accommodate Local Number Portability and its consistency with NANP or other number portability constraints. As part of the Service Plan, VSP shall identify and certify that it, the ESGW provider, and VPC provider, as applicable. have established a documented relationship and, as applicable, entered into the necessary agreements (1) with 9 -1 -1 Entity; (2) with the 9 -1 -1 network and/or 9 -1 -1 database provider; or (3) between 9 -1 -1 Entity and VSP to have self- provisioning by VSP for ESGW or VPC functions or other agreed arrangements. VSP's use of pre -12 for initial deployment does not mean that they are not to move toward complete I2 compliance as applicable within a reasonable time as standards, regulations, data access, and network access become commercially available. A completed and signed VSP Exhibit, VPC Exhibit, ESGW E9 -1 -1 Exhibit, and the ESGW 9 -1 -1 Trunk Interconnection Exhibit will normally be considered by the 9 -1 -1 Entity to be a satisfactory Service Plan, along with a network diagram (if requested). B. 9 -1 -1 Entity shall not unreasonably withhold or delay approval of I any conforming Service Plan submitted pursuant to this Agreement. The period for 9 -1 -1 Entity review and approval of the Service Plan or any other requirement under this Agreement shall commence once a complete Service Plan or required item is submitted to 9 -1 -1 Entity. The submission by VSP shall include a reference to this section of this Agreement, specifying the responsibility of 9 -1 -1 Entity to respond within ten (10) business days. 9 -1 -1 Entity shall notify VSP, no later than ten (10) business days fogowing receipt of VSP's notice, if 9 -1 -1 Entity has concerns with VSP's submission and shall provide specificity regarding such concerns. The Service Plan or required item shall be deemed approved on the proposed implementation date if 9 -1 -1 Entity does not comply with this ten (10) business day response requirement. If 9 -1 -1 Entity notifies VSP that the submission raises concerns, 9 -1 -1 Entity shall work in good faith with VSP to resolve such concerns as soon as possible. 5. Level of Service. A. VSP shall undertake technically reasonable efforts to provide to 9 -1 -1 Entity an equal level of service and functionality from VSP VoIP equipment to the tandem, also known as the 9 -1 -1 selective router, as is currently provided by the Incumbent Local Exchange Company. An Incumbent Local Exchange Company is a 8 local exchange company that has a certificate of convenience and necessity on September 1, 1995E B. 9 -1 -1 Entity may amend its 9 -1 A emergency service requirements from illue LO t1IIIC. llieSJ a slluiie► iiiii: perioa is necessary to protect the public safety, 9 -1 -1 Entity shall permit VSP one hundred eighty (180) days to comply with 9 -1 -1 Entity's amendments. Where a shorter time period is necessary to protect the public safety, 9 -1 -1 Entity shall permit VSP the greatest length of time possible, without jeopardizing the public safety, and where possible the Parties shall negotiate the shorter time period. 6. Commencement of Service; Final Testing and Approval. VSP intends to commence its E9 -1 -1 service in the 9 -1 -1 Entity's Jurisdiction on its network on or after ,2/26/2007 , (the "Service Establishment Date "). Before cutover on the Service Establishment Date, both VSP (and its designee) and 9 -1 -1 Entity will test VSP's 9 -1 -1 emergency service as set forth in Attachment No. 3 hereto. VSP and 9 -1 -1 Entity shall mutually agree upon the testing requirements and procedures. Final approval as to the adequacy of installation of 9 -1 -1 emergency service shall rest with 9 -1 -1 Entity. 9 -1- 1 Entity shall not withhold written final approval upon VSP's satisfactory provision of the 9 -1 -1 emergency service required by this Agreement. Satisfactory provision shall be the working provision of the 9 -1 -1 emergency service required by the Agreement and provided by VSP to the interconnection point with the 9 -1 -1 network services provider and 9 -1 -1 database management services provider, but not including the parts of provisioning 9 -1 -1 emergency service within the responsibilities of those other providers. However, VSP. in conjunction with other necessary parties, must demonstrate that any test of the 9 -1 -1 interconnection works end -to -end to the Public Safety Answering Point CTS AP") before live traffic is allowed and final approval is granted by 9 -1 -1 Entity. Service Plan Changes. A. Unless a shorter time period is necessary to protect the public safety, VSP shall notify 9 -1 -1 Entity in writing of any changes in the Service Plan or other changes materially affecting the routing or completion of all calls which are materially affected by or which materially affect the provision of 9 --1A emergency service, no later than thirty (30) days in advance of such change or expansion. Changes to the information in the YSP Exhibit (Attachment No. 1) and functionally equivalent information shall be considered material changes. Such notice shall include a reference to this section of this Agreement, specifying the responsibility of 9 -1 -1 Entity to respond within ten (10) days. B. 9 -1 -1 Entity shall notify VSP, no later than ten (10) business days following receipt of VSP's notice, if 9 -1 -1 Entity reasonably believes that VSP's proposed changes or expansion will materially affect the routing or completion of E9 -1 -1 calls, and shall provide specificity regarding such concerns. Changes to the Service Plan shall be deemed approved on the proposed implementation date if 9 -1 -1 Entity does not comply with this ten (10) day response requirement. If 9 -1 -1 Entity notifies VSP that the proposed changes or expansion raise such concerns, 9 -1 -1 Entity shall work in good faith with VSP to resolve such concerns as soon as possible; in no event shall 9 -1 -1 Entity 9 notify VSP of its decision later than five (5) days before the proposed implementation date C. Any proposed changes in the Service Plan shall not affect prior approval iy 9 -1 -1 Entity of the current Service Plan. VSP shall provide to 9 -1 -1 Entity wiuhm te:: (10) business days the revisions to the Service Plan, in the form of a modified Attachment No. 2, upon 9 -1 -1 Entity's approval of the changes or expansion. Where a shorter time period is necessary to protect the public safety, 9 -1 -1 Entity shall permit VSP the greatest length of time possible, without jeopardizing the public safety, and where possible the Parties shall negotiate a shorter time period. K Method of Interconnection. A. Unless negotiated and agreed to in writing by the Parties in advance, the ESGW (whether provided by VSP itself or another vendor) shall use the tandem, also kriown as the 9 -1 -1 selective router, or equivalent designated and approved by 9 -1 -1 Entity and shall not directly trunk to any PSAP, as reflected on Attachment No. 2, illustrating VSP's tandem arrangements. VSP agrees that any changes to this method of interconnection (including any change in who performs the ESGW and VPC functions) shall constitute a material change pursuant to Section 7 above and require at least thirty (30) days advance notice to 9 -1 -1 Entity and an amendment to this Agreement. Unless VSP uses a tandem negotiated and agreed to by the Parties in advance, the tandem designated and approved by 9- t -1 Entity shall provide 9 -1 -1 emergency service required by 9 -1 -1 Entity pursuant to this agreement. VSP acknowledges and agrees that the interconnection with the 9 -1 -1 network and access to the 9 -1 -1 database management system is authorized by 9 -1 -1 Entity to accommodate VSP's retail end user customets in a manner functionally consistent with the I2 or pre -I2 solution. Any other uses of these accommodations (network and database services) to serve any other customers or other technical solutions inconsistent with the 12 or pre -12 solutions will require a separate agreement or an Amendment of this Agreement. B. VSP hereby agrees to notify 9 -1 -1 Entity in writing at least 30 days in advance of any use of these 9 -1 -1 accommodations to provide wholesale access for services to its customers requiring 9 -1 -1 supporting a manner other than an I2 or prp -12 based manner, including, but not limited to, service providers utilizing internet protocol applications. Notification shall include the name, address, contact information, and a statement detailing how 9 -1 -1 service fees will be billed, collected and remitted to 9 -1 -1 Entity for the customers of each such wholesale service provider. VSP agrees that, subject to a confidentiality agreement with 9 -1 -1 Entity, VSP will release, on written request up to once every twelve (12) months, statewide billing records to 9 -1 -1 Entity for quality measurement purposes, including, but not limited to, auditing the collection and remittance of 9 -1 -1 emergency service fees and verifying compliance with database standards. VSP also agrees to comply with 9 -1 -1 Entity's specifications related to the submission of Direct - Inward Dialing or comparable numbers or equivalent to the 9 -1 -1 database management system, including, but not limited to, for customers of any other service provider. In addition. for any 9-1-11 network change to accommodate a new 10 wholesale service offering, VSP's Service Plan must be revised and approved in advance by 9 -1 -1 Entity. 9. Work Plan. Attachment No. 4 to this Agreement establishes a Work Plan of Roles and Responsibilities of VS1', the ESA`?`:' 1'roai�cr, the VPC Provider, and 9 -1 =1 Entity specifically related to the type of VoIP E9 -1 -1 services provided for by this Agreement. The Work Plan shall include that, pursuant to a confidentiality agreement, VSP shall authorize the customer specific information for the 9 -1 -1 Entity's Jurisdiction contained in the VPC or its own records to be released to 9 -1 -1 Entity for quality measurement purposes and emergency notification purposes, if applicable. To the extent permitted by law, and in accordance with ruling issued by the Texas Attorney General in response to a written request for information under the Texas Public Information Act, Chapter 552 Texas Government Code, 9 -1 -1 Entity shall keep all such information confidential pursuant to Texas Health and Safety Code Ann. 771.061. 10. Service Fees. A. VSP shall remit monthly the appropriate 9 -1 -1 emergency service fee to the 9 -1 -1 Entity consistent with City of Corpus Christi code of Ordinances Section 55 -7 as may be amended in the future and the provisions shown on Attachment No. 5 attached hereto (example), which is to be completed and submitted to the 9 -1 -1 Entity Entity) for all VOIP lines/telephone numbers provisioned by VSP in use within the 9 -1 -1 Entity's Jurisdiction, a applicable. The payment is due to the 9 -1 -1 Entity no later than the thirtieth (30`h) day after the last day of the calendar month to which the fees were related. B. Remittance of emergency service fees shall be made to the 9 -1 -1 Entity, the procedure to be designated by the 9 -1 -1 Entity and reflected in a completed Attachment No. 6 (example) attached hereto. A remittance report shall be sent by U.S. mail by VSP or VSP's designated agent to the 9 -1 -1 Entity. That report, to be made monthly, shall state the number of lines within jurisdictional limits of the City, designating the number of residential lines and business lines for which fees have been remitted and are being transmitted. A sample of the report to be submitted to the 9 -1 -1 Entity is found in Attachment No. 6. At all times, VSP shall be responsible ford the accuracy of the report . From time to time, the governing body of the 9 -1 -1 Entity may change the 9 -1 -1 emergency service fee. Such changes shall be communicated in writing to VSP for changes in VSP's remittance of 9 -1 -1 emergency service fees. The 9 -1 -1 Entity shall notify VSP of any change VSP must make in VSP's remittance of 9 -1 -1 emergency service fees with sufficient advance time, at least thirty (30) days in advance of the effective date of the new emergency service fee, but not to exceed ninety -one (91) days before the date the change takes effect, to permit VSP's billing system to comply timely with the change. Furthermore, VSP may retain an administrative fee equal to one percent (1 %) of the fees collected from its customers and remitted. 11. Reimbursement of 9 -1 -1 Trunkin . At this time, VSP is not requesting and will not he receiving any reimbursement for 9 -1 -1 trunking pursuant to the rates permitted by I PUC Substantive Rule 26.435 from 9 -1 -1 Entity. If in the future, VSP desires to receive reimbursement for 9-11 -1 Trunking at the rates permitted by PUC Substantive Rule 26.435, VSP shall provide 9 -1 -1 Entity ninety (90) days advance notice of such request. If approved by 9 -1 -1 Entity, reimbursement shall only be provided to VSP to the extent permitted by and within 9 -1 -1 Entity's approved budget aawor appropriations. Arty reimbursement for 9 -1 1 trunking shall comply with all applicable federal and state laws and rules and PUC Substantive Rules 26.272, 26.433, and 26.435 and shall not exceed the amount permitted by PUC Substantive Rule 26.435. VSP's Schedule of 9 -1 -1 trunking to be billed 9 -1 -1 Entity shall be provided as an amendment to this Agreement. Unless the Parties agree to a different remittance schedule, 9 -1 -1 Entity shall remit any such 9 -1 -1 trunking monthly. 9-i -1 Entity shall make any such payments as directed by and in accordance with state taw. VSP shall not be entitled to any reimbursement for 9 -1 -1 trunking that is already being reimbursed by any 9 -1 -1 Entity or pursuant to another agreement with 9 -1 -1 Entity. 12. Number Portability. VSP and 9 -1 -1 Entity agree that it is in the public interest for number portability to be as seamless and transparent as possible to persons seeking emergency assistance by calling the number 9 -1 -1 and to PSAP personnel answering these 9 -1 -1 emergency service calls. VSP shall cooperate and coordinate with 9 -1 -1 Entity in a commercially reasonable manner regarding the implementation and effect of number portability on the 9 -1 -1 emergency service and shall assist 9 -1 -1 Entity with educating PSAP personnel. The Parties agree that 9-1-1 Entity shall bear the cost of any PSAP modifications and VSP shall bear its costs of implementing number portability solutions, except 9 -1 -1 Entity is not required to make any modifications to address service to non- native telephone number service or to address Geographic Number Portability by the act of entering into this Agreement. 13. Database Management Activities. VSP shall coordinate and cooperate in a commercially reasonable manner with 9 -1 -1 Entity and/or its authorized 9 -1 -1 Database Management Services Provider regarding all 9 -1 -1 database activities necessary to provide accurate, efficient, seamless, and transparent 9 -1 -1 emergency service. VSP agrees to comply with current National Emergency Number Association ( "NENA ") standards (available at www.nena9 -1- l.orp_) and any current requirement of 9 -1 -1 Entity addressing 9 -1 -1 database activities or future requirements promulgated pursuant toq the terms of this Agreement or provide reasonable functional equivalence accepted by 9 -1 -1 Entity, VSP (or its designee) shall submit records with the correct NENA ID applied in accordance with NENA standards. The 9 -1 -1 Entity agrees to cooperate with VSP regarding activities necessary to provide the services contemplated hereunder. The 9 -1 -1 Entity agrees to facilitate cooperation with other entities that it has agreements with that may be necessary to provide the services contemplated hereunder. 14. Dispute Resolution. The Parties agree to work in good faith with each other to resolve any disagreements and negotiations, including those arising as a result of a change in, or implementation of any laws or regulations, prior to 9 -1 -1 Entity or VSP taking any formal action. Neither 9 -1 -1 Entity nor VSP waive any rights that they may 12 have respectively to eek any relief or enforcement from any regulatory body of competent jurisdiction The VSP and 9 -1 -1 Entity agree that 9 -1 -1 emergency service is an essential, life - saving service for persons within the 9 -1 -1 Eniiiy', JariNUi:Aioc:. :":.:, 9 -1 -1 Entity reserves the right to seek any relief from a court or regulatory body of competent jurisdiction against VSP or any entity (including, but not limited to, injunction, regulatory complaint, and specific performance) related to ensuring that the public safety of persons within the 9 -1- 1 Entity Jurisdiction are protected; however, under no event may 9 -1 -1 Entity unilaterally terminate VSP's ability to provision its services within 9 -1 -1 Jurisdiction without order or action by a court or regulatory body of competent jurisdiction. Notwithstanding any of the above or anything else in this Agreement, 9 -1 -1 Entity is not obligated to maintain its existing network configuration. database processes, providers, or interfaces, and is in no way restricted from making network, database, or operations changes or from making any other changes deemed appropriate by 9 -1 -1 Entity as long as such are not discriminatory and directed solely at `-'SP. 15. Notices. A. Any notice required or permitted to be given by 9 -1 -1 Entity to VSP under this agreement shall be mailed to VSP certified or registered U. S. Mail, postage prepaid, return receipt requested or overnight carrier to the following address: AT &T Richard Kaplan One AT&T Way Bedminster, NJ 07921-0752 B. Any notice required or permitted to be given by VSP to 9 -1 -1 Entity under this Agreement shall be mailed by certified or registered U. S. Mail, postage prepaid, return receipt requested or delivered or overnight carrier to the individual specified in the completed Attachment No. 8b for the 9 -1 -1 Entity. In addition, a copy of any notice shall be sent in the same manner to the following address: Corpus Christi Police Department Attn: Police Legal Advisor 321 John Sartain Corpus Christi, Texas 78401_ 16. Further Clarification of Roles and Responsibilities. A. The Parties recognize that functions of the Validation Database ( "VDB ") and Emergency Services Zone Database ( "ERDB ") and roles and responsibilities related to the VDB and ERDB have not been clearly defined as of the preparation of this Agreement. The Parties agreed to amend this Agreement as appropriate to reflect those 13 functions, roles, and responsibilities as they become more clearly defined. The Parties do agree at this point that as a fundamental principle there should be no denial by either Party of access to any needed data for service provision or service quality unless such denial is required by law. Nothing in this Agreement prohibits VSP from charging others for c osts it incur; ir. t, VSP role nor does this Agreement obligate 9 -1 -1 E iitity to pay Or any costs. B. The Parties recognize that some functions of the ESGW and the VPC and roles and responsibilities related to the ESGW and the VPC have not been clearly defined as of the preparation of this Agreement. The Parties agreed to amend this Agreement as appropriate to reflect those functions. roles, and responsibilities as they become more clearly defined. 17. Confidentiality. VSP may designate and submit any part of the Service Plan or any other document that it considers trade secret, confidential, and/or proprietary, or that would give another service supplier a competitive advantage, under seal and subject to a confidentiality agreement. 9 -1 -1 Entity shall keep any part of the Service Plan or any such document so designated as confidential in accordance with ruling of the Texas Attorney General in response to a request for information under the Texas Public Information Act. Upon receiving a request for any part of the Service Plan or any such other document so designated as confidential and submitted under seal and subject to a confidentiality agreement, 9 -1 -1 Ernity shall request an Attorney General Open Records Decision pursuant to the Texas Public Information Act, Ch. 552, Texas Government Code § 552.001 et seq. and shall notify VSP concurrently with its request for the Attorney General Open Records Decision so that VSP may present its arguments to the Attorney General. 9 -1 -1 Entity shall not release any portion of the Service Plan or any such other document so designated as confidential and submitted under seal that is subject to a confidentiality agreement executed between the Parties until the Attorney General issues an Attorney General Open Records Decision resolving the request for such information. 9 -1 -1 Entity is not required to request an open records decision ruling regarding information for which there has been an open records ruling that such identical information is public information. I For a period of three 3) years from the date of receipt, each party shall maintain the confidentiality of and not disclose to third parties the information or data of any nature provided to it by the other party hereto provided such information (i) contains a conspicuous marking identifying it as confidential or proprietary, or (ii) in the case of confidential information disclosed orally, is identified as confidential at the time of disclosure and subsequently confirmed and designated in writing within ten (10) calendar days ( "Confidential Information "). Each Party shall use the same efforts to protect from disclosure Confidential Information it receives hereunder as such Party accords to similar confidential information of its own. This Agreement imposes no obligation on the receiving party with respect to Confidential Information received from the disclosing party which: 14 • is or becomes publicly know through no wrongful act on the receiving party's part, • is already know to the receiving party at the time of disclosure • is rightfully received by the receiving party from a third party without breach of this Agreement, • is independently developed by the receiving party without breach of this Agreement, • is furnished to a third party by the disclosing party without a similar restriction on the third party's rights, • is explicitly approved for release by written authorization for the disclosing party, or • is disclosed pursuant to the lawful requirement or request of a Governmental Agency or disclosure if permitted by operation of law, provided that the party making the disclosure has given prior notice to the other party so that it may appear and defend its interests in a timely manner. 18. Immunity from Liability. Pursuant to Texas Health and Safety Code Section 771.053, and any other- applicable laws, VSP, VSP's officers, and VSP's employees are not liable for any claim, damage, or loss arising from VSP's direct provision of 9 -1 -1 emergency service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct. Nothing in this provision limits the right of VSP. VSP officers, and VSP employees to appeal the judgment of a court of competent jurisdiction. 19. Default Routing. The designated default routing and contingency routing number (CRN) information shall be specified by 9 -1 -1 Entity in Attachment No. 7 and this information applies to the ESGW and VPC functions as specified in Attachment No. 7. ` 0. Contact and Escalation Lists. VSP and 9 -1 -1 Entity will exchange and periodically update, at least yearly. a contact list and escalation list. The contact and escalation lists are found in Attachments Nos. 8a and 8b. The 9 -1 -1 Entity shall also notify VSP Service Provider of any change in contact information. 21. Consistency with Incumbent Local Exchange Company Requirements. 9 -1 -1 Entity shall not impose on VSP any requirement, service, feature, standard, or rate that is not required of an Incumbent Local Exchange Company CCN holder. 22. Term. The initial term of this Agreement shall become effective on the later of the date it contains signatures on behalf of both VSP and the City of Corpus Christi shall continue for a period of one year (subject to the availability of appropriations or budget funds as applicable for any payments required by 9 -1 -1 Entity to VSP) unless terminated earlier as provided elsewhere in this Agreement. Thereafter, this Agreement shall automatically renew each year (subject to the availability of appropriations or budget funds as applicable for any payments required by 9 -1 -1 Entity to VSP but even without 15 such payment obligations the Agreement may otherwise continue without such payments). 1. 23. Modification and Agreed Termination. A. Except as otherwise provided herein, this Agreement may not be modified or amended other than by a written instrument executed by both Parties. B. In addition to any rights of the Parties to modify or terminate this Agreement found elsewhere in this Agreement, the Parties may modify or terminate this Agreement before the end of the then - current term under the following circumstances: a. VSP may terminate this Agreement with thirty (30) days notice if VSP is discontinuing the services provided for under this Agreement in the 9 -1 -1 Entity's Jurisdiction. b. upon sixty (60) days written notice to VSP, 9 -1 -1 Entity may modify this Agreement to make changes to its 9 -1 -1 Network and/or 9- L -1 Database Service Management services, including, but not limited to, a change of service providers, a Next Generation u -1 -1 Network, and/or NENA Future Path Plan compliance or implementation. Modification(s) made pursuant to this subsection shall be limited to those necessary to make this Agreement consistent with such changed service configurations; or C, immediately upon the occurrence of a mutual agreement of the Parties to terminate this Agreement set forth in writing and executed by both Parties. 24. Limitation of Warranties and Liability A. Limitation of Warranties NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES AGREE THAT NO PARTY HAS MADE, AND THAT THFRE DOES NOT EXIST_ ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR ANY SERVICE (OR GOOD) PROVIDED UNDER THIS AGREEMENT. VSP PROVIDES A SERVICE UNDER THIS AGREEMENT AND NOT "GOODS" AS DEFINED IN THE UNIFORM COMMERCIAL CODE, as adopted in Texas. B. No Assumption of Liability IN ADDITION TO THE LIMITATIONS OF LIABILITY DESCRIBED ELSEWHERE IN THIS AGREEMENT, VSP ASSUMES NO LIABILITY FOR ANY ACT OR OMISSION OF 9 -1 -1 GOVERNMENTAL ENTITY, BY VIRTUE OF ENTERING INTO THIS AGREEMENT. 9 -1 -1 16 GOVERNMENTAL ENTITY ASSUMES NO LIABILITY FOR ANY ACT OR OMISSION Of VSP BY VIRTUE OF ENTERING INTO THIS AGREEMENT. C. Force Majeure Neither Party .shall be liable for faili: e to perfori7n pursuant to this Agfeein:, it if such performance is precluded by acts or events beyond the Party's reasonable, good faith control, including, but not limited to: labor difficulties, strikes or embargoes, governmental mandates, civil commotion, wars, power failures, fires, floods, water, earthquakes, volcanic activity, explosions and any other acts of God. D. No Consequential Damages Except as otherwise provided in this Agreement, each Party agrees that the other Party shall in no event be liable for, and each Party expressly waives its right to claim, any, special, collateral, punitive, incidental or consequential damages (including, but not limited to, lost profits) directly or indirectly arising out of or in connection with performance or nonperformance of the services to be provided under this Agreement. 25. Assignment. A. VSP may not assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the City of Corpus Christi ( which consent shall not be unreasonably withheld). VSP may assign its rights or delegate its duties under this Agreement to any of its Affiliates, to the surviving entity in a merger or consolidation or to a purchaser of substantially all of the assets of the business to which this Agreement relates without 9 -1 -1 Entity's written conslent; however, under such assignment by VSP, VSP shall notify 9 -1 -1 Entity of the assignment prior to the effective date of the assignment. B. 9 -1 -1 Entity may assign this Agreement to a successor 9 -1 -1 Entity. Nothing in this agreement restricts 9 -1 -1 Entity from making network and operational changes or shall constitute an assignment. C. All the terms and provisions of this Agreement will be binding uponland inure to the benefit of and be enforceable by the Parties and their respective permitted successors and assigns 26. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable in any jurisdiction, for any reason, then, to the full extent permitted by law, (a) all other provisions hereof will remain in full force and effect in such jurisdiction an d will be liberally construed in order to carry out the intent of the Parties as nearly as may be possible, (b) such invalidity. illegality or unenforceability will not affect the validity, legality or enforceability of any other provision hereof, and (c) any court or arbitrator having jurisdiction thereover will have the power to reform such provision to the extent necessary for such provision to be enforceable under Applicable Laws. 17 27, Governing Law; Venue. This Agreement shall be governed by and construed according to the laws of the State of Texas. Venue for any action or claim arising out of this Agreement shall be in Texas. 28. Insurance. VSP agrees to comply with the attached insurance requirements. 29. SUBCONTRACTORS. VSP may use subcontractors W.- c:ou iec;tiou with the performance of VSP obligations under this Agreement. When using subcontractors, however, VSP must obtain prior written approval from the City. In using subcontractors, VSP agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the VSP. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the VSP and its employees had performed the services. 28. Entire Agreement. This Agreement, together with all Attachments, shall constitute the entire agreement between the Parties and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, between the Parties with respect to the installation and provision of E9 -1 -1 Service- This Agreement is executed and effective as of the last date written below. City of Corpus Christi 649-e K. Noe — City Manager AT &T Date " N AT &T Corp. Leonard Weitz Assistant Secretary Date' i �pprorred as to form: / / a t ARMA DO F ApA �- CITY SECRETARY gwlar . A;;sigtant City AiWrnoy amity Attorney 18 EXHIBIT INSURANCE REQUIREMENTS I. VSP'S LIABILITY INSURANCE A. "VSP" must not commence work under this agreement until VSP has obtained all insurance required herein and such insurance has been approved by the City. VSP must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. "VSP" must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be as an additional ire ured for all liability policies, and a blanket waiver of subrogation is required on aN applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination required Per Occurrence / Aggregate on all certificates Commercial General Liability including: $1,000,000 Occurrence Limit 1. Premises - Operations each 2. Products/Completed Operations Hazard 3. Contractual Liability 4. Independent Contractor 5. Personal Injury Automobile Liability owned, non -owned or rented $1,000,000 Combined Single Limit That complies with th Texas Workers' Workers' Compensation Compensation Act and ;aragraph 11 of this exhibit Employers' Liability $500,000 C. In the event of accidents of any kind, "VSP" must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 2007 AT &T' VSP" agreement ins req. 2 -2E-07 ep Risk Mgmt. 19 II. ADDITIONAL REQUIREMENTS A, "VSP" must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be endorsed as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation must be endorsed on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modifications of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of material change, non - renewal, termination or cancellation is required. • If the Certificate of Insurance on its face does not show the existentgg of the coverage required by items 1.6 (1) -(6), an authorized representativle of the insurance company must include a letter specifically stating whether items 1.13. (1) -(6) are included or excluded. 2007 AT&T° VSP" Agreement ins. req. 2 -20 -07 ep Risk Mgmt. 20 Attachffwnt 1 VSP N2*icadon Form FUNCTION OF EXHOIT ISSUED: NEW REVISED .7 STATUS OF EXHIBIT: VSP COMPANY NAME AT&T Corp BUSINESS ADDRESS: One AT&T Way Bedminster, NJ 07921-075 VSP web site callvantage.com VSP CONTACT 1N0n0UATtn1J DATE PREPARED: CONTROL NUMBER: VSP NENA CO ID IESTED SERVICE DATE 11/07/06 ATTCS 11107/06 CONTACT NAME NUMBER EMAIL VSP F-911 COORDINA74ON MANAGER Carol Criscuolo 99 ccriscuolo(Waft.com VSP 911 TRANSLATIONS MANAGER Mary Sharp ---720-494-6256 - - msharogbintrado.com VSP 207 OPERATOW- 1888 249 4980 VPC AS-q0C-'1AT1rMVQ (i..# ►i.— VPC N E NENA CO ID C OL NO. ". v" " I I VPC CONTACT VAOJ NUMBER EMAIL Intrado TRDO n1a Mary Sharp ---720-494-6256 720-494-6256 msharogbintrado.com PQfZUV A =C1 I 1AT1fVU0 11 --o-, --- Er*W RAME NENA CO ID C3FROL NO. tSGW CONTACT NUMBER EMAIL Intrado TRDO -n/ a Mary Sharp 720-494-6256 msharDO-intrado.com- :;TIVITY REQUESTED PREPARED BY: AT T INUMBER t EMAIL DATE Carol Criscuolo 1718-931-0999 ccril"u loftatt.-com 712012061 Aikachment No. 2 Slrvico Plan Company Information Explanation of Company Service Plan AT&T will provide E9 -1 -1 emergency service utilizing Voice over Internet Protocol ( °VoIP ") technologies in partnership with authorized ESGW and VPC entities identified in Attachment No. 1 to the Agreement (the "Network Partners) "). Customers will have the functionality and appearance of conventional telephones and 9 -1 -1 emergency service access. AT &T will convert analog voice signals to digital data that will be sent over the AT&T facilities as digital data signals. AT &T network will identify 9 -1 -1 dialed calls and route them to its Network Partner(s), which will convert the digital signals back to analog voice signals then route them through to the public switched telephone network ( PSTN ) and the appropriate Public Safety Answering Point ( PSAP ). For each 9 -1 -1 dialed call, AT &T and its Network Partner(s) will use the 9 -1 -1 Entities Wireline 9 -1 -1 Network to provide PSAP operators with ALI and ANI information that is equivalent to traditional voice calls. Declaration of Area of Service AT&T's area of service will encompass your Home Rule City Page 1 of 2 911 Interconnection Details AT&T, through its Network Partner(s), will provide 9 -1 -1 emergency service to its end - user customers utilizing the dynamic ALI solution which requires calls to be routed using ESQKs and standard end -office 9 -1 -1 trunk interconnections from to the serving 9 -1 -1 Selective Routing Tandem office (see Company's 9 -1 -1 diagram). The 911 trunk interconnections use SS7 signaling. MF signaling 911 trunks will be used if specified by the 9 -1 -1 Entity or due to technical limitations of the 911 System Service Provider. The 911 trunks are provisioned on dedicated DS1 facilities with a minimum of two (2) DSOs per serving arrangement. Diverse DS1 facilities are used where required by the 9 -1 -1 Entity and technically feasible. 911 Database Management AT&T, or its Network Partner(s), have obtained the necessary access to the 9 -1 -1 Enaties DBMSP. AT &T will adhere to the applicable NENA Data Exchange format as specified by the DBMSP. AT &T will process all records and perform error correction in accordance with the NENA recommended standards. Numbering Resources AT &T obtains NPA -NXXs for its own account after having received a numbering waiver from the FCC. The process to obtain numbering resources requires AT &T to provide the FCC and the applicable State Commission with a 30 day notice that Company will be applying for an NPA -NXX to provide service in specific rate center. Once the 30 day advance notice expires, AT &T will submit the appropriate application to Neustar to obtain an NPA -NXX for a specified rate center or a pooled one thousand block from an NPA -NXX. All codes received (NPA -NXXs) follow industry guidelines with respect to rate center designation and intervals for Local Exchange Routing Guide (LERG) effective dates. Page 2 0'_ 2 Attachrent No. 3 VoIP Standardized Implementation, Testing & Maintenance Policies and Procedures Purpoln The purpose of this document is to provide guidance to 9 -1 -1 Entities, Voice over Internet Protocol (VoIP) Service Providers (VSPs) and third party vendors in the provisioning of E9- 1-1 service throughout the State of Texas by providing definitions, testing and maintenance procedures, and establishing notification policies. Termsefinions The foillowing information will be utilized in defining new deployment and maintenance when determining implementation of VoIP E9 -1 -1 service. New Service Deployment: Initial deployment of service when a VoIP service provider (VSP) has not previously deployed in a PSAP jurisdiction within the 9 -1 -1 Entity's region — regardldess of architecture used to provide 9 -1 -1 service. New Facilities Deployment: In a fixed or nomadic model, when a VoIP Positioning Center (VPC) or Emergency Services Gateway (ESGW) or underlying CLEC has not previously deployed in a PSAP jurisdiction within the 9 -1 -1 Entity's region. Maintenance: Maintenance occurs when a VSP, VPC, ESGW or underlying CLEC that has already deployed E9 -1 -1 service within a PSAP jurisdiction, adds a new area or service, or changes their service, within that PSAP jurisdiction to comply with industry standards i. Impljoenloon Processes: A. New ervigg Notification: 1 "New VoIP Service Notification" - A VSP must provide notice to the 9 -1 -1 Entity of its intention to implement service and execute the appropriate agreement. Notice should include proposed solution, maps to help determine call routing, MSAG validation process and contact information. 2) For nomadic service, VPC will notify 9 -1 -1 Entity when adding a new VoIP service provider to their system or when deploying new service 3) For nomadic service, ESGW will notify 9 -1 -1 Entity when adding a new VoIP service provider to their system or when deploying new service 4) 9 -1 -1 Entity to confirm if applicable VSP agreement with VPC Wor ESGW and execute appropriate agreement with VSP. 1 Attachment No. 3 B. Exhibit Process - For VSPs using the legacy CLEC style solution the same exhibi proce§A apps. For VSPs using nomadic or non - native numbers the followina exhibi 1) The appropriate entity will obtain default criteria & ESN assignment. For nomadic deployments ESQK range would be obtained from applicable numbering administrator. 2) 9 -1 -1 entity will send confirmation of receipt of Exhibit within 5 business days. 3) PSAP has 10 calendar days to respond with any changes, corrections or concerns. 4) If no PSAP response within 10 calendar days, exhibit approval is assumed. 5) If PSAP does not respond within time frame, VSP, VPC, ESGW or underlying CLEC will notify PSAP & 9 -1 -1 network service provider that trunks are being released for live 9 -1 -1 traffic based on no response signifying approval - CSEC should be included on this notification for the state program. 6) PSAP will have 5 business days to respond if they do not agree with releasing the trunks for live 9 -1 -1 traffic. C. Newipeplgyment Testing Notification: A VSP or VPC must provide notice to the 9 -1 -1 Entity of its intention to begin testing `new deployment service. E9 -1 -1 testing is to occur on initial deployment. The VSP must coordinate with the 9 -1 -1 Entity on scheduling. Advance paperwork must include an Exhibit 1 (see Attachment 1). This must be received from the VSP within 5 working days in advance of scheduled test date. The 9 -1 -1 Entity will be responsible for distribution to respective PSAPs for documentation of test results, along with call -taker instructions. D. New DePlWent Testing: The VSP should place a call into the PSAP using the administrative line to provide notice that testing is about to begin and to verify the PSAPs availability to process the test calls. For staff VoIP service, each VSP will perform testing to each PSAP following the CLEC model. For VSPs using the dynamic steered ALI solution, testing requirements would fall upon the VPC and ESGW - however, 9 -1 -1 Entity reserves the right to require additional VSP testing. Systom testing 9 -1 -1 entity may assign a PSAP to take initial system test calls VPC will test all ESQKs & ESGW with at least one VSP Field or rollout testing 2 Attachslent No. 3 Test every ESQK in every pool to every PSAP with at least one VSP. CSEC reserves the right to request that a VPC test with more than one VSP. ESOW Testing Requirements: ESOW will test every trunk member in every trunk group & the defaults E. Testg Documentation: Notice of new deployment should include at a minimum: 1. Name of VPC or ESGW being tested 2. PSAP Name 3. VSP Involved 4. County Name 5. ESQK 6. Call Back Number 7. Address 8. date & Time of Cali For the State Program between the RPCs and the Commission on State Emergency Comm Lin ications, testing documentation should include all other necessary certification information required for documentation of new testing. F. Notice of .9 -1 -1 Compliance A 9 -1 -1 Entity should provide notice to the VSP, or VPC or ESGW if applicable; of its acceptance of `new deployment' service as meeting E9 -1 -1 criteria as required by 9 -1 -1 Entity. Testing is considered complete when all ESQKs route to the correct PSAP. The Acceptance Letter should be submitted to the VSP and the third party vendor (if applicable). 11. Day 1p Day Processes: A. Notigp of makintenance A VSP must provide notice to the 9 -1 -1 Entity of maintenance testing or changes. (See "Maintenance Testing" Procedure) B. Call landafF Procedures from the VPC Call Center At a minimum, the procedure must include: 1 Caller's name, call back number and location information for each call being handed off; and 2. Call Center's call back number. This information may be provided once (at deployment for each VPC) instead of at the call handoff. III. Quaft Assurance: 3 Attachment No. 3 If resources are available, the 9 -1 -1 Entities and VSPs should conduct frequent Quality Assurance testing to ensure continued compliance. 4 Attachment No. 3 VoIP Testing & Notification Policies & Procedures Flow Chart (New Implementation & Maintenance) VSP provides 9 -1 -1 Fxhibit to 9 -1 -1 1 VSP should verify via e-mail to 9 -1 -1 Fritity F AIty for approval. - - --* that 9 -1 -1 Entity has received exhibit and Within 5 remind 9-1 -1 Entity of 10 day deadline for busirs da` s receipt of any revisions. If revisions need to be inade to 9 -1 -1 Entity has 10 days to make any exhibit, 9-1 -1 Entity should note ♦ wcessary char. If no changes are necessary changes to exhibit If Revisions needed provided to VSP within 10 daysVSP will and con rrnnicate to VSP within ; ' utilize data provisioned on original exhibit. 10 days of receipt of exhibit. �\ Within 10 days If No \y Revisions needed On the day of testing, the VSP places a call to the PSAP over VSP coordinates with 9 -1 -1 -- entity to schedule test' the admiius-trative line to advise tY � of testing and verify PSAI' availability to process tesi calls 1i27 /2flOfi 5 Atftchment No. 4 Work Plan of Minimum Roles and Responsibilities for Voice over Internet Protocol for NENA 12 Type Solutions 1 Responsibilities of \ SP VSP is responsible, in cooperation with the 9 -1 -1 Entity and any applicable third parties (including, but not limited to 9 -1 -1 Network Provider, Host ALI Provider, VPC software developers and hardware providers, and other suppliers and manufacturers), to implement and provide E9 -1 -1 Service to their customers within the jurisdiction of the 9 -1 -1 Entity in an agreed upon manner. This shall include the following (which may be performed by the VSP. the ESGW, or the VP( ): l f establishing contacts with the impacted 9 -1 -1 Entity, obtaining applicable boundar,, information.. and determining what type of information the PSAP is capable of receiving ') participating in network design, implementation. installation �) causing its network elements (such as the ESGW, VPC and related data links or trunks) to be installed or documented as installed by an authorized ESGW and /or VPC 4) operating, maintaining, provisioning, contracting, and testing these network elements �) obtaining a civic address from the end user. A civic address must meet the following criteria: a) the civic address must conform to USPS Publication 28 albeit limited to the delivery address and last lines of the postal addressing standard for purposes of this rule; b) the civic address must be a physical location (excluding Rural Route, Highway Contract, Post Office Box, and Military addresses); and c) the civic address must be processed through a postal validation process `l) submitting Service Order Inputs (SOIs) for each ESQK in their inventory, to the applicable DRMSP ?) providing MSA(F valid location information to the PSAP during a call. Where a civic address'valid registered location input is not MSAG validated or VSP cannot pass MSAG validation, the VSP may opt to have delivered the civic address. where technically feasible. Additionally, the location information data delivered to the PSAP must indicate that the information is NOT MSAG valid. The decision tree determining the location data to be delivered to the PSAP is as follows: Attvichment No. 4 Registered Input Registered Input Registered Input VSPNPC Location Location Location Display Action Gee -coded Postal Valid MSAG Valid O - - Default the call to the VSP's default call center(s) YES NO NO CBN & indication that no address information is available YES NO YES CBN & MSAG Valid _ -- Address YES YES NO CBN & Postal Valid Address; indicate location information is MSAG invalid YES YES YES CBN & MSAG Valid Address 8) using a 9 -1 -1 Entity's MSAG in the address validation process k)) facilitating or participating in the development of an implementation plan which will establish target dates for actions necessary for installation and activation of the 1 `9-1 - l Service i 0) acquiring necessary software and equipment (exclusive of SR or ALI System or CPE upgrades) 1 1) assisting in the formulation of routing decisions 12) remitting the 9 -1 -1 Service Fee at the appropriate rate on behalf of their customers to the Q- I -I Entity 13) entering into or ensuring that the necessary interconnection agreements for interconnecting the ESGW to Selective Routers and ensuring VPC ALI system connectivity exists if applicable 14) working with the ')-]-I Entity to establish and provide internal performance measures. including, but not limited to, statistics for call volumes. call set -up times. error resolution and other critical measurements 15) working with the 9 -1 -1 Entity in the assignments of ESQKs for a specified I. S7 and building associated At.I database records AtMchment No. 4 16) coordinating or participating in the adds, changes and deletions of database records in appropriate databases, including, but not limited to ELI Host database and Selective Router 7) validating end user submitted Registered Location Information and resolving errors in a timely manner 18) identifying a contact for E9 -1 -1 emergency resolution that will be available 24 hours a day. 7 days a week. 19) complying with applicable FCC rules and orders 20) obtaining a NENA Company ID 21) adhering to the draft NENA 12 standard, the final adopted NENA I2 standard or other industry and technical standards that provide reasonable functional equivalence 22) notifying the applicable 9 -1 -1 Entity of any new services or changes to existing services or arrangements that may impact E9 -1 -1 services ( including, but not limited to. deployment of automated Registered Location information 23) participating in the creation of a trouble reporting mechanism and associated trouble resolution process 24) providing statistical measurements and reports to document quality of service and compliance with best practices, when technically feasible 25) if available, providing confidential end user customer record information to the 9 -1 -1 Entity for database quality and emergency notification purpose when requested 2_ Responsibilities of ESGNV !) completing the applicable 9 -1 -1 System Service Provider form �) interconnecting trunk groups from the ESGW to the applicable 9 -1 -1 SR �) installing of a minimum of two trunks to the SR on physically diverse paths. where technically feasible 4) testing trunks from the ESGW to the SR J AtUchment No. 4 ?) utilizing Signaling System 7 (SS7) connectivity to the SR where technically feasible, and employing MF CAMA where using SS7 connectivity is not technically feasible t?) subject to a confidentiality agreement with the 9 -1 -1 Entity and consent by the affected VSP, notifying the applicable 9 -1 -1 Entity of each new additional VSP that uses the ESGW function in the 9 -1 -1 Entity service area 7) working with V S P and 9 -1 -1 Entity to test service 8} adhering to the draft NENA 12 standard, the final adopted NENA I2 standard. or other industry and technical standards that provide reasonable ( unctional equivalence t) notifying the applicable 9 -1 -1 Entity of any new services or changes to existing services or arrangements that materially affect 9 -1 -1 call routing or completion 10) participating in the creation of a trouble reporting mechanism and associated trouble resolution process 11) identifying a contact for E9 -1 -1 emergency resolution that will be available 24 hours a day, 7 days a week 12) providing statistical measurements and reports to document quality of service �. Responsibilities of VPC 1) completing the applicable 9 -1 -1 System Service Provider form ?} using the most recent available version of the 9 -1 -1 Entity MSAG 1) establishing connectivity with the appropriate ALI provider 4) ensuring that all involved entities and providers (including the ALI and/or SR providers) are aware of which ESQKs the VSP/VPC provider is using and the relationship of the ESQKs to an ESZ or PSAP �) notifying each impacted 9 -1 -1 Entity of the VPC location or VPC provider that will be used f) adhering to the draft NENA I2 standard, the final adopted NENA I2 standard or other industry and technical standards that provide reasonable functional equivalence 0 AtUtchment No. 4 7) notifying the applicable 9 -1 -1 Entity of any new services or changes to existing services or arrangements that materially affect 9 -1 -1 call routing or completion 8) participating in the creation of a trouble reporting mechanism and associated trouble resolution process 9) identifying a contact for E9 -1 -1 emergency resolution that will be available 24 hours a day. 7 days a week 10) providing statistical measurements and reports to document quality of service 41 responsibilities of 9 -1 -1 l ntity The 9 -1 -1 Entity is responsible for working and cooperating with VSP, ESGW, and VPC, and, where necessary. with other third parties (including, but not limited to, 9 -1 -1 Provider /LEC, Host AI.I Provider, VPC software developers and hardware providers, and other suppliers and manufacturers) for the successful implementation and provision of E9 -1 -1 Service. This shall include the following: !) N a] idating 9 -1 -1 1' ntity Jurisdiction map boundaries to delineate ESZs for call routing criteria, forming and implementing data management processes for jurisdictional routing changes ?) providing timely and prompt authorization to the VSP or the ESGW, as applicable, to connect trunks to the SR after receipt of applicable 9 -1 -1 System Service Provider form } providing timely and prompt authorization to the VSP or its third party VPC provider.. as applicable, for access to the MSAG and MSAG updates 4) ensuring availability of MSAG records for the purpose of ESQK SOIs MSAG validation participating in the development of an implementation plan which will establish target dates for any actions necessary for installation and activation of the E9 -1 -1 Service 6) providing and verifying needed data about each PSAP's existing infrastructure and any other information necessary for successful installation, maintenance and provision of E9 -1 -1 Service ') identifying appropriate ESN Routing Codes S At ichment No. 4 K) informing third -party vendors. such as Computer Aided Dispatch (CAD) providers, of data to be delivered with 9 -1 -1 calls for coordination with PSAP premise -based systems augmenting the trunks. when necessary, between a selective router and the 9 -1 -1 Entity 10) ensuring that all PSAP premises equipment is equipped to receive MSAG- valid civic address information 1 1) promptly informing the VPC and ESGW providers and identified VSPs of any 9 -1- -; Entity system changes that may affect E9 -1 -1 Service 12) providing that necessary changes, modifications and /or updates are made with respect to the M..I Database for successful receipt of ALI Host Records 13) training y -1 -1 Operators to understand the data that they will receive about 9 -1 -1 cal is in connection with combined static, nomadic, and non - native telephone number VoIP E9 -1 -1 Service 14) supporting all testing /verification activities to be undertaken by VSP, ESGW, or VPC. f applicable 15) participating in the creation of a trouble reporting mechanism and associated trouble resolution process 16) authorizing the DBMSP to make available its MSAG (including delta MSAGs) to requesting VSPs /VPCs if the VSP/VPC has provided their NENA 11) 17) identifying a contact for E9 -1 -1 emergency resolution that will be available 24 hours a day. 7 days a week 18) addressing SR or ALI system software upgrades that may be necessary to accommodate the delivery and display of new VoIP- related parameters required by the PSAP (e.g..- COS, Type of Service, etc.) 19) mediating SR interconnection and ALI Steering conflicts 20) to the extent permitted by law, maintaining the confidentiality of information provided by VSPs, ESGW providers, and VPC providers pursuant to Texas Health and Safety Code Ann. § 771.061 and /or 47 11 S.C. ti 222 7 Responsibilities of the Selective Routing Service Provider 6 Atbichmynt No. 4 1) providing connectivity_ to the Selective Router for VSPs, ESGWs, to provision F.9 -1 -1 as needed 2) routing calls based on the draft NENA I2 standard, the final adopted NENA I2 standard, or other industry and technical standards that provide reasonable functional equivalence ,) trouble shooting issue with VSPs. VPCs. ESGWs, and 9 -1 -1 Entity as needed 6 Responsibilities of the AI.I Host Service Provider I ) providing AL.I connectivity to VSPs and VPCs to provision E9 -1 -1 as needed 2) providing MSAGs, daily updates, and direct real -time access, if available, to VSPs and VPCs as needed �) trouble shooting issues with VSPs, VPCs, ESGWs, and 9 -1 -1 Entity as needed 7 kttachmew No. 9 -1 -1 Service Fees To Be Billed By Company FEE AMOUNTS: The 911 Emergency Service Fee levied by Corpus Christi, Texas 9 -1 -1 District shall be charged pursuant to Chapter 772 of the Texas Health and Safety Code, and the fee is: Residential Lines: $ 1.00 Business Lines: $ 1.20 flat fee, per line, per month flat fee, per line, per month Business Trunks: $ 1.20 flat fee, per trunk line, per month Chapter 772 fees are applied to a maximum of 100 lines per customer bill, per location. REMI'TMCE INSTRUCTIONS: Payable to: _City of Corpus Christi Send to: Corpus Christi Police Department Attn: Cheryl A. Daubs, 9 -1 -1 Coordinator 321 John Sartain Corpus Christi, Texas 78401 Attachment No. 6 9 -1 -1 SERVICE FEE TRANSMITTAL FORM Collections for the month of Company Name, contact person, telephone number, email and Address J MET i in If entity other than Company collects and remits 9 -1 -1 Fee, provide name of entity, contact person, address, telephone number and email of Company's Agent that collects and remits 9 -1 -1 Fee Access Line Count Residence Business Trunks Total Fee Transmittal: Total Amount Collected Less 1 % Administrative fee Net fees transmitted SWORN CERTIFICATION On oath, the undersigned certifies that the information on this transmittal form and attachments, if any, dire, to the best of the undersigned's knowledge and belief, true, correct and complete in every aspect. Furthermore, the undersigned understands that this information is subject to audit at the order of the 9 -1 -1 Entity, as and to the extent provided for in Chapter 772, as amended of the Texas Health and safety Code. Signature Name (printed or typed) Mail vh rernittance check to: REMIT 'ANCf, TO 9 -1 -1 ENTITY: Payable to: Date Title (printed or typed) Attachment No 7 9 -I -1 En*v Default Routing Designation 9 -1, -1 Entity Provided Information: Default PSAP: A ANI ALI Failure: (361) 886 -2600 1. PSAP Name: MetroCom 2. PSAP ESN #: 173 B Company 9 -1 -1 Trunk Group Failure: 1. PSAP Name: MetroCom 2. 10 -Digit Public Switched Network Emergency # for PSAP access: 361 886 -2600 C Emergency Calls to an Operator:(0 -): 1 PSAP Name: MetroCom 2. 10 -Digit Public Switched Network Emergency # for PSAP access: -1- Atlachmant No. 8a C npa ..'s Escalation & Contact List Co npany Provided Information: Contact 1 Contact 2 Dynamic ALI (ONLY) Mary Sharp Detabase Intrado 720- 494 -6256 msharp @intrado.com j ATJlkT 24ftr Network Management Network Center (NMC) Operations Trouble Reporting Number 888 249 4980 Location Gneral Manager Carol Criscuolo 911 Negotiations Manager 718 -931 -0999 AT&T j ccftcuolo(cD-att.com Richard Kaplan 9 -1 -1 Ervdty Group Manager - Net Engrg Coordination Thom Selleck 908 - 234 -3065 911 Negotiations Manager rskaplan @att.com 516 777 3899 se ftcti()-att.com Attachment No. 8(b) 9 -1-1 Enfty Escalation & Contact List 9 -1 -1 Entity Provided Information Dotabase Contact 1 SBC Southwest Resolution Center 1- 866- 722 -3911 1616 Guadalupe; Rm. 208 Austin, Texas 78701 City of Corpus Christi j Police Department P$AP Operations Attention: Mike McKinney 321 John Sartain Corpus Christi, Texas 78401 (361) 886 -2805 i CMtract Administration City of Corpus Christi Police Department Attn.: Cheryl A. Daubs Bing 321 John Sartain Corpus Christi, Texas 78401 (361) 886 -2653 9 -1 -1 Errdty Management City of Corpus Christi Police Department Attn. Cheryl A. Daubs 321 John Sartain Corpus Christi, Texas 78401 (361) 886 -2653