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HomeMy WebLinkAboutC2007-350 - 9/21/2007 - NA9-1-1 EMERGENCY SERVICE AGREEMENT ~ This 9-~ ~~ Emergency Service Agreement ~"Agreement"} etabi~shes the rates, ~~°~ terns and con i ~ n f - - ' ~ t ~ or ~ ~ ~ n~ergency service ~nterconnect~on by ~+~~ ~~ "hem an " wi h h ci ~ ~~ ~. ~ p ~ ~ t t e of ar ~~ chriat~ a Texaa hone rude mun~c~ a~~ , ~-~-1 Entity ~"9~~-~ Entity} collectivelyParties"}. UvHEREA, the Texas Legislature and the United states Cengress have authorized the provision of telecommunications service in the local Marketplace by service suppliers other than the holders of certificates of convenience and necessity ~"cc~}; and, UvHEEA a RCN holder i the incumbent Ivcai exchange company that holds a certificate of convenience end necessity granted by the Public Utility commission of Te~cas {~PU~~ on September 1, ~ g, for each service areas} r~vithin the territory of the ~ ~ -1 Entity; end, vvHE~EAS, ompar~y is ~ holder of a service provider certificate of operating authority that has received certificate number ~~ frarn the PUS and, therefore, a service supplier and a service provider of local telecommunications service ~uservice supplier} pursuant tv chapter 771 er chapter 77~ of the Te~cas Health and safety bode, 771.~D1 of seq., 77~.0~1 ~ seq., or other appiicable haw pertaining to harne rule cities collectively the Applicable Laws"}, a amended, that must provide ~1-1 emergency service tv that portion of the ampany's service area located within the territory of the g-1 ~ Entity; and, IIVHEREA} the 9-1-~ Entity i a political subdivision of the State of Te~ca established pursuant to the Applicable taws and must interconnect service suppliers i~nte the ~-~ -1 emergency service area served by the -~ -1 Entity; and, lI1IHEEA, this ~~~-1 emergency service interconnection must protect, maintain, and further the high duality, standard'baed 9-~-~ emergency service and not inappropriately and unreasonably increase the costs of 9w~ ~1 emergency service to the 9 -~ -~ Entity; ~Vvll, THERE~~~E, inconsideration of the listed mutual promises and benefits, .the Parties agree a fellows; ~~~7-~~ 01~~~~7 ~n~eri~an ~'ibe~ Netv~ork ~. Company must comply v~rith all provisions of the Applicable Laws and any requirements implementing ar interpreting the Applicable Lays promulgated by the -~~~ Entity pursuant to the authority vested in the ~~-~ Entity, Cor~pany shall bill, collect, and remit the appropriate ~-1 ~ 1 emergency service fee andlor, if applicable, surcharge to the Texas Comptroller of Public Accounts ~~Comptroller~}, a provided in the Applicable Laves and reflacted in Attachment loo. 1. Company sha#l remit the appropriate fees andiar, if applicable, surcharge per the rules and schedules established by Corpus Christi ordinance. At all tines Company shall be responsible far the accuracy of the report, Pram tine to time, the ~-~ ~~ Entity may change the 9-~ -~ emergency service fee. such char es s#~all be g carnn~unicated to Campany for ch~~ges in Company's collection and remittance of ~~ ~'i emergency service feet according to the provisions of the Applicable Lags. The ~-1-1 Entity shall notify Company of any change Company must make in Company's collection and remittance of ~-~~~ emergency service fee with sufFcient advance time, but not to exceed 0 gays before the date the change takes effect, to permit Company's billing system to cornpiy timely vwrith the change. Furthermore, also pursuant to the Applicable Laves, Campany may retain an administrative fee equal to one percent ~ 1 ~l~} of the fees Company collects. . This service agreement shall be in full farce and effect so long as Company's status ~s strictly that of a reseller and the Company does not use any facilities. Company shall inform the 9+t ~~ Entity of any changes ar expansion of its service, or in the use of facilities, in its calling area or service territory 0 days in advance of such ohange or expansion ~. Any notice required or perrr~itted to be given by the -~ -1 Entity to Cvrnpany under this agreement shaii be mailed to Campany certified ar registered ~J. . Illfail, postage prepaid, return receipt requested to the follnr~ing address: I~t+l'lG~fLph ~ilSar N~3~'WOL~-i~MC- Attention: I ~ C P So Any notice required or permitted to be given by the Campany to 9-~-~ Entity under this agreement shall be mailed by certified or registered I.1, . llllail, postage prepaid, return receipt requested yr delivered to the foliouving address: i o~ for ue hr~#i P~I~oe De~ertrnent Attent~vn; the ~ A, daubs etr~om ~ erviarl9~ ~ fro ~a~ 3~~ Jahn Sartain r us ~hr~~i Texae 7"540 ~. The company and the ~-~-~ Entity gill provide and periodically update ~ onta lif. The ion#acf list is found in At#achrnent No~ ~. The 9,~ ~~ Entity shell Trot irnpose on company any requirement, service, feature, standard, or rate that i not required of the incumbent local exchange r~pany ~N holder. 7. This Agreement, together with ell attaohrnents, sets forth the entire understanding of the Pa~tles. Na repreerrtt~on, p~'on"rle, or statement of intention has been merle by either party that is not e~n~odied herein. IN II~~TI~E U1~HEE~I~, the Parties hereto have caused this Agreement to be executed a of the last dale sig ned be~or~. ~~d'~" {Printed Name} T {Title) --- Date: ~~~- 7 ~'~ 7 G~h,} of ~~p~s ~~~~~,- (Pri Named (~-~5~. k . N ~ (Title) Date: .. ~L~a~'~7 Atta~men~ No~ ~ ~-~-~__Fe~_ T_~_ old _~~ om~a~~ ~~ #1 ~r~tit~ provided information: The ~ ~ ~r~ergen~y Service fee shall be charged pursuant to applicable lay ~~ 9-~ ~~ Entity , a amended, and the fee is ~~~ AlI~#~~_~VT: residential: Business: 1. ~~ flat fee fee applied per line dine ~ .2~ flat fee Trunk ~ ~ ~~ flat fee ~E~I`~TA~E T 9=~-~ ~NT~TY: payable tc: Nt~ of or~us Christ ~~~i~e De~artm~r~t A~te~~ion~ hervl ~A. daub I~~tro~ ~per-r~rl~~ Program ~ John Sartain onus Christi, Teas ~~44~ 3. ~-1-1 ~~it ~I~n~ ~ment pity of or~u hri~~ Police ~p~rt~ren~ At~ent~o~: hry~ A. ~~ub ~etro~or~ u~~rviorl~~ ~ ~rogr~m 3~1 Join rt~i~ corpus hr~~i, Te~c~s ~840~ 4. 9-1 ~~ Entity Bpi#ir~q qty of corpus hr~~~ Pot iCe D~pa rtmsnt Aor~~~on: ~ery~ ~. Ds~b Ms#rvor uprv~sorl9~~ Programs ~ John aria corpus hriati, Texas 7~~0~