HomeMy WebLinkAboutC2007-412 - 11/7/2007 - NAFor Non-Mobile Facilities-Based Cable Vo1'P Service using
another Underlying Facilities-Basea~ Certificated Carrier for
9-1-1 Network & Database
9-1-1 EMERGENCY SERVICE AGREEMENT
THE sTATE o~ TExAs
~oUNTY ~~ NU~CEs
This ~1-~ Emergency service Agreement {"Agreement"} establishes the terms, and
conditions for 9~1-~ emergency service interconnection by print Cor~r~uniation
Co. L.P. {hereinafter "Company"~ with the ~tv of Carpus Christi, a Texas h~e-
rule r~unicipaiity {hereinafter "the -~ ~1 Entity"} collectively "Parties"} for non-
mobile cable Voice ever Internet Protocol {"1loIP"} communication services using
mother underlying facilities-based certificated carrier to meet Company's ,~ -1
network and database service responsibilities.
1~HEREA, the Texas Legislature and the United states Congress have authorized
the provision of telecommunications service in the local marketplace by service
suppliers other than the holders of certificates of convenience and necessity
{"CCN"}; and,
vUHEREA a N holder is the incumbent local exchange company that holds a
certificate of convenience and necessity granted by the Public Utility Commission of
Texas ~"PUC"} on September 1,199, for each service area{s} within the territory of
the -~-1 Entity; and,
v1JHEEA, 1loIP communication service is an alternative way of providing local
voice communications services and its regulatory or legal status is uncertain and is
the subject of at least one major pending proceeding by the Federal
Comrnunications Commission {"FCC"~.
vVHEREA, Company is currently a holder of either certificate of operating
authority or a service provider certificate of operating authority that has received
cerkificate number _ from the PUC and, notwithstanding any subsequent
change in its PUC certification or FCC rules, Company agrees that the level of 9~1 ~1
emergency service provided for in this agreement shall not be reduced unless
authorized by law or the mutual written agreement of the Parties to this agreement.
Company i a service supplier and a service provider of local telecommunications
service {"service supplier"} pursuant to Chapter X71 or Chapter 77~ of the Texas
Health and safety Code, 71.001 e~ seq., ?7.001 of seq., or other applicable lava
pertaining to home rule cities collectively "the Applicable Laws"}, a amended, that
must provide -~ -~ emergency service to that portion of the Company's service area
located within the territory of the -~-1 Entity; and,
207^412
1107107
prt~t Cor~~m. o,} LP
VIIHEREAS, the 9-1-~ Entity is ~ political subdivision of the State of Texas
established pursuant to the Applicable Laws and provides far tl~e interconnection of
service suppliers into the ~-1-~ emergency service area served by the -~ -~ Entity
and,
1~IIHEREAS, this ~~~ -~ emergency service interconnection must protect, maintain,
and further the high quality, standards~based 9-~,~ emergency service and not
inappropriately and unreasonably increase the costs of 9-~~1 emergency service to
the ~~-~ Entity:
New, THEREEGRE, in consideration of the fisted mutual promises and benefits, the
Parties agree a follows:
~ . Companyr or its underlying facilities-based certificated carrier, as applicable,
must comply with all provisions of the Applicable Laws and any requirements
implementing or interpreting the Applicable Laws promulgated by the 9~~ -~ Entity
pursuant to the authority vested in the 9-1-~ Entity.
2. Company shell submit for the 9-~-1 Entity's approval a plan for the
Company's provision of 9-1 ~1 emergency service within the territory covered by the
-~-~ Entity. The plan i provided as Attachment No. 1. The plan shall consist of an
explanation with sufficient specificity for the ~~ -1 Entity to determine Company's
cornpiiance with the requirements of this Agreement. The plan is only applicable to
non-mobile communications services, and any proposals by Company to address
mobility of the service must be by a separate amended plan and a specific mutually
agreed amendment to this service agreement to address mobility. The plan must
include the appropriate current contact information for the underlying facilities-based
certificated carrier and a copy of the amendment between the 9-~-~ Entity and the
Co~rpany's underlying certificated facilities-based carrier. Company may submit the
plan, or any part of the plan, that it considers trade secret, confidential, andlor
proprietary or that would give another service supplier a competitive advantage,
under seal and subject to a confidentiality agreement. The -~-1 Entity shall keep
the plan or any part of the plan confidential to the extent permitted by law Upon
receiving a request for Company's plan or any part of Company's plan that Company
submitted under sea! ar~d subject to a confidentiality agreement, the ~-1 ~1 Entity
shall request an Attorney General Gpen Records Decision pursuant to the Texas
open Records Act, h. 552, Tex Gov. Code [Texas Public Information Act, Tex.
Gov't Code Ann. 552.og1 e~ segf Vernon ~ X94 and Vernon Sapp. ~ 9g~}] as
amended, and shall notify Company concurrently with its request for the Attorney
General Gpen Records Decision. The 9-'1-1 Entity shall not release any information
that is subject to a nonfidentiality agreement executed between the Parties until the
Attorney General issues an Attorney General open Records Decision resolving the
request for company's plan or any park of the plan. The g~~ -~ Entity is not required
to request an open records decision ruling regarding information far which there has
been an open records ruling that such identical information is public information.
Company's for its underlying facilities-based certificated carrier, as
applicable} interconnection arrangements for -1-1 emergency service shall meet
the minimum standards in:
a. PUS substantive Rules ~G.~~~, ~~.4, and ~~,435, ~ amended. The
current copies of ~rhich are publicly available at ww~puc.stat~„tx.u;
b. The Applicable Lavtirs addressing, including, ar interpreting standards or
features far 9-~ -~ emergency service applicable to ~or~pany;
c. And any requirements promulgated in the future by the 9-1,1 Entity
pursuant to the authority vested in the -~ -~ Entity by the Applicable Lanus
and the applicable provisions of this Agreemen#;
d, .Any applicable F~ rules applicable to company.
vlJhere passible, ampany far its underlying facilities-based certificated carrier,
as applicable} may exceed the above standards.
4. company fat its underlying facilities-based certificated carrier, as applicable}
shall provide to the 9-~ -1 Entity an equal ar, ~rhere passible, a greater level of
service and functionality from the company snitch to the tandem, also knov~n as the
-1-~ selective tauter, as is currently pravided by the incumbent local exchange
company. Incumbent Iocai exchange company is a Iocal exchange company that
has a cetkificate of convenience and necessity on epter~ber ~,1g.
The 9-1-~ Entity may amend its g-~ -~ emergency service requirements from
tinrre to time. Unless a shorter time period is necessary to protect the public safety,
the 9-~ -1 Entity shall permit ampany one hundred eighty ~~ 0~ days to comply utirith
the 9-~ -~ Entity's amendments. vlJhere a charter tirr~e period is necessary to protect
the public safety, the g-~ ~1 Entity shall permit company the greatest length of time
possible, ~rithout jeopardizing the public safety, and ~uhete passible the Parties shall
negotiate the shorter time period.
5. ~ampany proposes to commence local service in its authorized service area
on 410 1g~ ~"service Establishment Date"}. Before cutover on the service
Establishment Date, bath ampar~y for its underlying facilities-based certificated
carrier, as applicable} and the g-1-1 Entity gill test the ~or~panyrs 9-~ -~ emergency
service as set firth in Attachment No. The testing requirements and procedures
shall be mutually agreed upon by the ampany and the -~-~ Entity. Final approval
as to the adequacy of installation of -~ -~ emergency service shall rest pith the g-1-
~ Entity. The 9-~ -~ Entity shall not ithhald Britten final approval upon company's
satisfactory provision of the -'1 ~1 emergency service required by this Agreement.
atisfactary provision shall be the corking provision of the -~~~ emergency service
required by the Agreement and pravided by company to interconnection vuith the
incumbent local exchange company CAN balder but nit including the ,incumbent
local exchange company RCN holder's 9-~ -~ emergency service. The 9-~ -~ Entity
shall provide company vuith final approval in ~ritit~g v~rithin three ~~ ~orkir~g days of
testing
~. Unless a charter time period is necessary to protect the public safety,
company shalt notify the g~~ -~ Entity of any changes or expansion in its facilities}
service area~s~, changes in the service plan ar underlying facilities~based certificated
carrier or other changes affecting the routing or completion of all calls Which are
affected ~y or ~uhich affect the provision of -~ -~ emergency service, no later than
forty-five {4} days in advance of such change or expansion. such notice shall
include reference to this section of this Agreement, specifying the responsibility of
the ~1-1 Entity to respond ~rithin tvuenty {~~} days. The 9-~-1 Entity shall notify
Company, no later than t~enty ~~0} days follov~ring receipt of company's notice, if
the ~-1-1 Entity has concerns Frith Company's proposed changes or expansion and
shall provide specificity regarding such concerns. Changes to the plan shall be
deemed approved on the proposed implementation date if the 9-~-~ Entity does not
comply Frith this t~renty {20~ day response requirement. If the -~-~ Entity notifies
company that the proposed changes or expansion raise concerns, the -~ -~ Entity
shad vrork in good faith utirith Company to resolve such concerns as soon as possible;
in no event shall the g-1-~ Entity notify Company of its decision later than five {}
days before the proposed impler~entation date. Any proposed changes in the plan
shall not affect approval for ampany's current plan to v~rhich the g-~ -~ Entity had
granted prior approval. Company shall provide to the -~ -~ Entity v~rithin t~uenty {fig}
days the revisions tv the plan, in the form of a modified Attachment No.1, upon the
g~~ -1 Entity's approval of the changes or expansion. vl~here a shorter time period is
necessary to protect the public safety, the -~ -1 Entity shall permit Company the
greatest length of time possible, vuithout jeopardizing the public safety, and There
possible the Parties shall negotiate a shorter time period.
~, Unless negotiated and agreed to by the Parties in advance, company shall
use the tandem, also kno~un as the 9-~-~ selective router, designated and approved
by the 9~~ -~ Entity and shall not directly trunk to any Public safety Ansuvering Point
{`PAP"}, as reflected on Attachment No. ~ , illustrating Company#s tandem
arrangements. Unless Company uses a tandem negotiated and agreed to by the
Parties in advance, the tandem designated and approved by the -~-~ Entity shall
provide ~~~ -~ emergency service required by the -~ -~ Entity pursuant to this
agreement.
8. Company shall bill, collect, and remit the appropriate -~ -~ emergency
service fee andlar, if applicable, surcharge to the to the g-~ ~~ Entity, as provided in
the Applicable Lays and reflected in Attachment IVo. 4.
company shall remit the appropriate fees andlor, if applicable, surcharge per the
rules and schedules established by the to the 9-1-~ Entity. At all times company
shall be responsible for the accuracy of the report. From time to time, the to the 9-1-
1 Entity may change the g~~-~ emergency service fee. such changes shall be
communicated to Company for changes in Company's collection and remittance of
g-~ -~ emergency service fee, according to the provisions of the Applicable Las
The g-1 ~~ shall notify Company of any change company must make in company's
collection and remittance of g-1-1 emergency service fee v~rith sufficient advance
time, but not to exceed 1 days before the date the change takes effect, to permit
ompany~s billing system to comply timely Frith the change. Furthermore, also
pursuant to the Applicable l.av+~s, Company may retain an administrative fee equal to
one percent {~~1~} of the fees Company collects.
Because company vuill not currently be using its o~vn facilities to connect to
the -~ ~1 tandem, no trunking or ether charges are applicable at this time. Hovuever,
recognizing that the underlying facilities-based certif iceted carrier gill need to include
company lines end records in its Annual Affidavitlllerification checklist to
Demonstrate compliance vuith the Reimbursement Prerequisites in P~ Rule
~.4 Attachment No, ~}, company hereby authorises and consents to its
underlying facilities-based certificated carrier providing company's specific line and
database record information to -~ -~ Entity as part of the Annual
Affidavitlllerification checklist to Demonstrate compliance utirith the Reimbursement
Prerequisites in PIJ Rule ~~435. Information provided pursuant to this section
shall be designated by ompeny as confidential information in accordance v~rith
Texas Health and safety bode Ann. ~7~ .oG~ .
10. company and the -~ -1 Entity agree that it is in the public interest for nut~ber
portability to be as seamless and transparent as possible to persons seeking
emergency assistance by calling the number g-~ ~1 end to PBAP personnel
ans~rering these 9-~ -1 emergency service calls. Company shall cooperate and
coordinate virith the g-1-1 Entity to the fullest extent possible regarding the
implementation and effect of number portability on the 9-~ -~ emergency service and
shall assist the 9-~ -~ Entity v~rith educating PBAP personnel, The Parties agree that
the 9-~ -1 Entity shall bear the cost of any PAP modifications and company shall
bear its costs of impler~enting number portability solutions.
1 ~. Company shall ensure that that its underlying facilities-based certificated
carrier uses a separate NENA Telco identification number for the submission of
Company records to the ~-1-~ database. Company shall coordinate and cooperate
to the fullest extent possible urrith the -~ -~ Entity andlor its authorized Database
services provider regarding all 9-~ -1 database activities necessary to provide
accurate, efficient, seamless, and transparent ~1-~ emergency service Company
agrees to comply uvith current ll~ational Emergency 1llumber Association standards
{available at .nena9-~-~.~} and any current -~-~ Entity requirement
addressing -1 ~~ database activities or future requirements promulgated pursuant to
the terms of this Agreement.
~ ~. Company hereby authorizes and agrees that its underlying facilities~based
certificated carrier shall provide the -~ ~1 Entity upon request by the 9-~ -1 Entity}
company's line and record count information required to be provided by the
underlying facilities-based certificated carrier for reseller ~uholesale customers under
PUS ubst. Rule ~~,4~~e}~}~E~ and that Company gill also verify the accuracy of
the information provided by its underlying facilities~based certificated carrier.
Information provided pursuant to this section shall be designated by Company as
confidential information in accordance pith Texas Health and Bafety bode Ann,
7~1.g~1.
~ other than for the collection and remittance of the g-1-~ emergency service
fees to the comptroller, the Parties also agree to ~rork in good faith vwrith each other
to resolve any disagreements and negotiations prior to the g-1-~ Entity or Company
taking any formal action. Faunal action shall consist of the follov~ing, in the order
stated: first, alternative dispute resolution by a mutually agreed third party; second,
an administrative proceeding: including arbitration, if authorised by statute; and third,
a judicial proceeding. Neither 9-~-~ Entity nor Company waives any rights that they
may have respectively to seek any relief or enforcement from any regulatory body of
corrrpetent jurisdiction {e.g., the Public ~.Jtility Commission of Texas, the federal
Communications Commission}~
Any notice required or permitted to be given by the 9-~ -1 Entity to Company under
this agreement shelf be mailed to Company certified or registered U. llllail,
postage prepaid, return receipt requested to the following address:
sprint or~n~unication Company L.P.
Attention: ~ ~ contracts
~~0 sprint Parkway
overland Park, Mt fifi2~1
Facsimile Nurr~ber: ~1 -7~Z-0~ ~ ~
with a copy to:
sprint omrnunioations company L~P.
Attn~ Legal~Telecor~ Management and Privacy
~~ sprint Parkway
Mail Stop ~ioPHTO~ 01-~~~~
overland Park, i~ G2~~
Any notice required or permitted to be given by the Company to g-~-~ Entity under
this agreer~ent shall be mailed by certified or registered t.J. . Mail, postage prepaid,
return receipt requested or delivered to the following address:
fit of for u Christi
Police Department
Attention: Che l A, Dauhs
Metroom t~pervisorl-~ -~ Program
~~1 John Sartain
for u Christi Texas 7840
1 Cor~~any's Disaster Recovery Plan, as required by PUC substantive Rule
2G.~~'2, is found on Attachment No. 6. The plan shall consist of an explanation with
sufficient specificity for the -1-~ Entity to determine Company's compliance with the
requirements of this Agreement but shall nvt require the Company to reveal any
information that the Company considers trade secret, confidential, andlor proprietary
or that would give another service supplier a competitive advantage. Company's
plan shall be a stand-alone plan that addresses solely Company's 9-~-~ disaster
recovery procedures. g-1-~ Entity shelf not withhold approval of Company's plan
because g-~ -1 Entity asserts that Company's plan does not include the disaster
recovery plan of the incumbent Iocal exchange company CCN holder. Company
ray submit the plan, or any part of the plan, that it considers trade secret,
confidential, andlor proprietary or that would give another service supplier a
competitive advantage, under seal and subject to a confidentiality agreement. The
9-~ -'I Entity shall keep the plan, or ar~y part of the plan, confidential to the extent
permitted by law. Upon receiving a request for Company's plan or any part of
Company's plan that Company submitted under seal and subject to a confidentiality
agreement, the -~ ~~ Entity shall request an Attorney general open Records
Decision pursuant to the Texas open Records Act, Ch. ~~, Tex. Gov. Code [Texas
Public Information Act, Tex. Gov't Code Ann. 5~,og~ of seq. ~llernon X994 and
Vernon Cupp. ~ 9~}], as amended, and shall notify Company concurrently with its
request for the Attorney general open Records Decision. The -~-~ Entity shall not
release any inforrriation 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 Company's plan or any part of the plan.
The -~ -~ 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.
~ Pursuant to Applicable Laws and all other applicable federal and state laws,
Company, Company officers, and Company employees are not liable for any claim,
damage, or loss arising from Company's direct provision of 9~~ -1 emergency service
unless the act or omission proximately causing the claim, damage, ar loss
constitutes, gross negligence, recklessness, or intentional misconduct. Nothing in
this provision limits the right of Company, Company officers, and Company
employees to appeal the judgment of a court of competent jurisdiction.
~ ~. In a Company service area covered by a single N and multiple PAPS, the
~-~ -~ Entity shall designate one of the PAPS as the default PAP that will be used
by Company as the default route in the occurrence of a failure condition or
emergency palls to operator services. If more than one 9-~-~ Entity is involved, the
~-1-~ Entity that i party to this contract will uvork with any ether g-~ -1 Entity in
Company's service area to establish a single default PAP. The 9-1-~ Entity shall
require that such designated PAP be assigned a ~ 0-digit number and that the 10-
digit number be provided to the Company for use in the occurrence of a failure
condition or emergency calls to operator services. NX~C is the throe-digit switch
entity indicator that is defined by the "D," "E," and "F" digits of a 1 o-digit telephone
number within the North American Numbering Plan. The designated default
~nforr~at~on ~s contained in Attachment No. ~^
1~. The Company and g-~-1 Entity gill exchange and periodically update, at least
yearly, a contact and escalation list. The contact and escalation list are found in
Attachments No. Sa and 8b.
19. The ~~ -~ Entity shall not impose on Company any requirement, service,
feature, standard, or rate that is not required of the incumbent local exchange
company CCN holder.
~o. This Agreement, together with all attachments, sets forth the entire
understanding of the Parties, No representation, promise, ar state~ent of intention
has been made by either Party that is riot ergbodied herein.
IN IJ~ITNE ~IIIF~EREOE, the Parties hereto hive caused this Areer~ent to be
executed a of the last date signed belo~r.
ityof orpua hrit~
~Q, D~i
(Pri a
L~
{Title)
Date: I 1 ~ I'~
Print ~mmuni~~tion ~. I..r.P.
~....
Ral h rnith
Manager, ~~ 1 antracts
~I~}~-~
Date:
Attachment No. 1
Com an 9-7 ~1 Service Plan For 9-1-1 Entit Locations
Explanation of company service Plan
Company will interface with 9-1-1 Entity as a network provider of Facilities Based local
telephone service. Company gill provide Public vuitched Telephone Network ~PTN~
interconnection and delivery of calls to the selective Router. Company will follow NENA
standards for the transmission of data to the selective Router.
Company's service provider ID as assigned by the National Emergency Number Association
i PRCL. Company will provide the NENA lD to the database provider for display to the
call-taking agency via the ALl record.
91 ~ Interconnection Details
Company will provide 911 service to its end user customers utilising industry standard 91 ~
trunk interconnections to the serving 911 selective Routing Tandem office see network
diagrarr~}. The 911 trunk interconnections will be ordered as ~ signaling. MF signaling
911 trunks will be ordered if specified by the 9-1-1 Entity or due to technical lirnitat'rons of the
911 ystern service Provider. The 911 trunks will be provisioned on dedicated D1
facilities with a minir~urr~ of two {~} Digs per serving arrangement, Diverse D1 facilities
v~rill be ordered where required by the 9~1-1 Entity and technically feasible.
91 ~ Database Management
Company gill obtain the necessary access to the 911 yster~ service Provider or 911
Database service Provider's 911 Database Management system. Access will be obtained
in a manner specified by the applicable 911 Database service Provider. Company will
adhere to the applicable NENA Data Exchange format as specified by the 911 Database
service Provider. Company will process all records and perform error correction in
accordance with the NENA recommended standards.
Numbering Resources
Company will obtain numbers in accordance with the North American Numbering Plan
Administration ~NANPA} rules and regulations. All codes received NPA-N?~s} will follow
industry guidelines with respect to rate center designation and intervals for Local Exchange
Routing Guide ~LER} effective dates.
NANP uidelines~LNP
Company will adhere to current industry guidelines with respect to NPA-N assignment
and Local Number Portability. Company gill apply for NPA-N7~Cs for specified rate centers
and assign numbers to end user customers that are consistent with the NPA-Ns received
for a rate center. Company will adhere to current industry standards as it relates to Local
Number Portability and will port customers within a rate center.
Attachment No. 1 (cont'd)
~. company NIX{}serving 9-1-~ entity locations:
Rate renters: larkwood 3~^25~xxx, ~dem 3fi1-738-2xxx: Bishop ~~~-459-
4xxx, grange drove 3G1-4g0-4xx~c, ague ~uloe 31 ~~-4xx~c, Robstown 3fi1-
g33-nxx~c, alallen 31 248-4xx~c, llllathis, ~~ ~78-4xxx, Fleur Bluff 3~ ^353
4xxx a nd xxx
~. Type services provided:
. {ampany} w~tvh:
4. Tandem{s) connection(s}:
Business Lines ~
Residential Lines ~
l~N
ENTRF~
Intrastate Toll X
Location 14D0 ~. Presidio fit.
Type
Ft, V1~orth, TX 701~~
Next generation Voice Network
To Location RHTXTUED
Initial Trunk Group Bice
NXX~s~ sent 205, 738, 49, 490, ~~,
24S B73 353
To Location RGHTXTU36D
Initial Trunk Group Bice ~ T~
N{s}sent 255 738 450 49D 308 X33
243, 78, 353
5. Company -~ -~ database input tv:
dreg Hunter, l~lanager
~ 414 enesee
Kansas Gi~y, l~ 412
H 18-800-4043
rev .c.hunter s rint.cor~
~or~pany ~drr~inistrative Location:
sprint Con~r~unications Gornpany L.P.
0208 Bprint Parkway
overland Park, K fi621
Zo
Attachment No. 2
Annual Affidavit) Verification Checklist and Su ortin
Documentation to Demonstrate Com liance with Trunkin
Reimbursement Prere uisites in PUC Rule 26.435
1. Designated Contact Person Available at All Times to vlfark with 9-1-1 Entity.
corporate Security: Life or Death Emergency far l_aw Enforcement
Hotline Number: 888-398-384
ar, far network facility outages and maintenance:
Network operations Control tenter
Hotline Number: 888-8591400 option ~,~ or 85-X44-39~ ~
~. Notice to 9-1~1 Entity at least 0 days prior to activating new N~C~ in a rate center or
upon commencement of providing lacal service in any rate center.
~, Provide a P.91 grade of service on trunk groups from end oft~ce to selective router and
notify 9~1-1 Entity in writing of Failure to meet P.01 and correct any degradation with O
days.
4. 1lerify use of 9-1,1 Entity A to confirm that valid addresses are available for 9-1-~.
. Verification of taking reasonable and necessary steps to avoid submission of telephone
numbers associated with non-dial tone generating service to the 9-~-~ database provider.
~a} Number of lines working in 9^1-~ Entity's service area in January of the current
year 0 and the number of chase lines attributable to resold lines 9.
fib} Number of 9-1-~ database records working in 9-~ -~ Entity's service area ~in
January of the current year 9 and the number of those retards attributable to
resold lines 9.
~c} company normally does nit submit telephone nur~bers associated with non~dial
tone generating service to the 9-~~1 database provider.
~~ompany may designate the information in response to ~a} and {b} above as
confidential information by clearly marking the following sentence: X Yes, the
vmpany asserts that responses to ~a} and fib} are confidential and are not available
for public inspection.}
~. company normally submits corrections to inaccurate subscriber information to the 9-1-~
database management services provider within l~ hours of notification of receipt of the error
file from the designated 9-1-~ database provider.
~. ompan~r normally coordinates 9,'i -~ database error resolution for resale customers.
8, company enables all its customers to dial the three digits 9,~,~ to access 9-1-~ service.
~~
9. Compan~r shall attach ~ copy of the notice that it provided to all its reseller custon7ers
stating that Company does not remit 9-~~1 emergency service fees on behalf of resellers
end that, subject to a confidentiality agreement Frith ~~~-~ entity, the Company gill release
all its wtrolesale billing records for each reselling CTU.
Company indicates by signature of its authorized agent that ell of the above paints of
compliance have been met and gill continue to be delivered according to PU Rule ~.4~
for as long as Company provides g-~ ~~ service. Company shall provide additional
documentation in support of the affidavit upon request by g-1-~ Entity. Affidavit s#~all be
submitted annually to the 9-~-1 Entity for the duration of this agreement on the date
established by the g-~-~ Entity.
SUBSCRIBED AND SWORN TO ME this ~~~ day 20 d7
Nata Pu~li~, state ~f Notary Pu~if~, spa#e of Kansas
sT~PHANIE L, MAH~IRIN
fly Apps. ~xp
12
Attachment No. 3
g-7 -1 Cutover -- operational Tests
~. The test calls, except default routing, must have the calling address and telephone
number in the designated 9-1-~ Database.
~. Teat palls vuill be made for each Company Nom.
~. Carrier gill notify each PAP associated pith a test call five business days prior to
the scheduled test date.
~-~-~ TRUN~C TEST CHE~tLIST
^ Isolate the trunk under test.
^ Place a ~-~ -~ call using a number built in the 9~~ -~ database.
^ Tester ~vill advise the call taker that this is a test call being made by carrier}.
^ Tester gill verify the PAP contacted.
^ Tester gill request the -1-1 Call Taker to verify the IVI and ALI received.
^ Tester gill request 9-~ -~ Call Taker call back to the test number,
^ repeat test for all -~ -~ trunks.
DEFAULT ROUTE TEST C~IE~CLIST
ALI Failure
^ Place a -~ -1 call using a number not built in the 9-~ -~ database.
^ Tester vuill advise the 9-~'~ Call Taker that this is a test call being made by
~Com pang}.
^ Tester v~ill verify that the call vwras ans~rered by the default PSAP.
Tru~kFai~ure
^ Fail all g-~ -~ trunks
^ Verify failure alarms are received locally and at the S~vitchin Control Center.
Activate alternate routing to default PAP ~ 0 digit emergency number,
^ Tester v~ill advise the 9~~ -~ Call Taker that this is a test call being made by
company}.
^ Tester v~ill verify that the call vas ansv~ered by the default PSAP,
OPERATOR SERVICES TEST HEKL~ST
^ Place a call to the o ~operator~ from the NX7~ under test.
^ Identify to the operator that this is as an emergency test call to g-~ -~ and ask the
operator to connect tester to the emergency agency.
^ The operator should conneot the call to the default PAP.
^ Tester gill advise the 9-1-~ Call Taker that this is a test call being made by
~Company~.
^ Tester gill verify that the call was completed to the default PSAP.
13
Attachment No. 4
9-1-1 Fee To Be Billed By Company
9-1-1 Entit Provided information:
The 1~ Errrergency service Fee shall be charged pursuant to applicable lair of
~-1 ~~ ~ntit~r , a emended, and the fee is
FEEAMOUNT:
Residential:
Business:
~ .0~ flat fee
fee applied per line
Line
.~ .~~ flat fee
Trunk
$ 1.20
REMITTANDE To -~ -~ ENTITY:
Pa~rab~e to:
fiat fee
pity of corpus Dl~ri~i
Police De artment
Attention; heal A. Daubs
Metroom u ervisor~-~ -~ Pro rangy
3Z~ John Sartain
for us Christi Te~ca T8~4~~
Remittance Forms evadable upon request.
~~
Attachment No. 5
Trunkin Char es
Company switch to 9-'l-1 tandem facilities: $'~s5 Nonrecurring
charge per trunk for
trunks in service
after 8120102, and
$39 monthly
recurring charge
per trunk.
1~
Attachment No. 6
9-1-'I Disaster Recove 1 Service Restoration Plan
SPRINT'S BUSINESS CONTINUATION PROGRAM
Sprint maintains an active business continuation program that consists of business resumption, disaster
recovery and incident management, This program has a corporate oversight function to assure programs are
implemented consistently across the Company in order to fulfill our mission, which is.
"Assure the continuation of mission critical business operations and services; and minimize damage to
Sprint's Brand, its employees and our Customers following significant business disruptions".
Sprint has developed Business Continuation Guiding Principles, consistent with industry-wide best practices,
which defines a strategy and responsibilities far communicating the importance of business continuation
management within the company. Business Continuation principles consist of Risk Identification and
Assessment, Risk Optimization Strategies and Incident {~anagement Planning. Sprint has adapted these
Guiding Principles in order to develop and maintain an appropriate state of resiliency and preparedness within
the Company.
Sprint's Business Continuation programs consist of bath proactive and reactive solutions depending an the
operational and financial significance, duration, and the potential damage of the incident to Sprint's Brand, The
ability to account far all types of disasters is not practical, sa it i important that our incident management
processes be scalable for managing the incident and communicating information, Sprint conducts exercises
annually, at a minimum, to validate plans and train people. Information related to these exercises is propriety to
Sprint.
To monitor the ever changing telecommunications landscape Sprint has established a business continuation
management framework that coordinates the identification and assessment of potential business disruptions to
locations, networks, applications, and to the services we provide to our Customers, Included within this
management framework i listening to the needs of our Customers and where appropriate, integrating their
needs within our business continuation strategies. As a result of this management framework, Sprint can
prioritize and focus resources in implementing cast effective risk optimization solutions on those risks that could
have the greatest impact to our Customers, our Brand and employees.
In Oa4 Sprint conducted over eight ~8~ exercises with incident management teams to train and prepare them.
As a result of this comprehensive business continuation program and training the hurricanes that hit E United
States in ~~04 had minimal impact on our business operations and customers, Three ~~~ exercises were
conducted during the first half of ~aa5 including an exercise with sprint's senior executives in responding to and
managing through a CompanyJeopardyincident.
Bprint continues to identify and assess potential risks and develop cost effective risk optir~ization solutions to
assure the effects of significant incidents are minimized to our customers, our brand and employees.
~~
sprint uses a single global approach that ernphasi~es business continuity in three areas.
prevention, security and recovery
Prevention: sprint assesses business services, network resiliency, and security to give customers a
comprehensive analysis of problem areas
~ ecurit~: Sprint provides customers with security protection for access, voice and data. 1Ne have
methodologies to protect against disruptive events and to prevent downtime, data loss, or inappropriate
access.
~ Recovery. If an emergency does occur, Bprint will provide alternative voice, call center, and data
connectivity to provide customers with avenues to communicate and facilitate planning to support rapid
recovery
In other wards, sprint provides the service, technology, and expertise to keep business flowing.
solutions BtrategY
sprint customers can expect the highest level of service response in time of disasters and outages, Upon
interruption notification, sprint coordinates all services for rapid response. continuous communication ensures
our customers are informed and understand the process and status of service sprint has developed robust
disaster recovery plans, which includes a liaison with the U,. ~avernment's Department of Harr~eland ecu~ty.
sprint's coordinated approach allows one sprint tearnwark across all Bprint divisions. It provides customers
with a single, global approach to business.
rint Business ~ontinuit is More Than Disaster Recove
How sprint performed during disasters is a direct result of sprint's commitment to maintain its network. It is a
core competency. ~s a market leader in this area, Sprint has the breadth and depth of expertise that can be
leveraged and applied to your specific situation.
Sprint Business Continuity means seamless, uninterrupted business operations under a variety of risk scenarios
and threats, Solutions from Business Continuity means Customers will have the flexibility and depth of services
to assess, prevent, protect, and recover from a variety of threats, The economic benefits are not
guesswork---Customers can justify the right level of investment for a tailored solution using explicit oust and
benefit analysis that quantifies potential losses.
Access
Using proven technologies and methodologies minirni~es risks and ensures best practices for data availability,
backup, and recovery for many kinds of impact;
Business Impact Analysis: Provides certified continuity experts to design, plan, and deploy a resilient
continuity solution,
Networ#c Assessment and Planning: with a thorough understanding of the redundancy and
availability requirements of Customers, Sprint assesses the network vulnerability for the entire network
orfora single point of failure
security Audits Determines the risk of sabotage and breaking into the system
1~
~reven~ acrd Arotec#
The following services protect intellectual assets and networks from costly disruption due to attack, theft,
alteration, and interruption
~ Security Assessment services: An extensive suite of security services encompasses two consulting
areas of {1 }Security Planning and Btrategy, which can include organisation design, policies, and
incidence response program development; and {~} Enterprise Security Assessments, which includes
the current state of security in the following areas:
- Policy and procedures review
- Awareness program assessment
- Business process review
- Risk assementlbuiness impact analysis
- Attack and penetration testing
-~ Configuration review
lnternallexternalsconning
- 1lvireles LAN survey
sprint Firewall Services. Choice between CPE-based and Network-based solutions, each offering a
range of services that include denial-of-service attacks, IP spoofing threats, and IIPN functionality,
Always-on Bata Services. Sprint data transport services include IP, frame relay, ATM, and private
line with continuity options for dual connection and redundant PDP, as well as rerouting.
~ Intrusion Detection Services: Network-based solution complements firewails by providing an
additional layer of protection. It analyzes incoming packets for malicious code and processes for
analysis and response,
User Authentication Services: Choice of authentication services as a preventative measure against
security breaches with an easy one-step access process, single factor and double factor authentication,
and state of the art technology from RADIUS, RSA SecuriD, and Entrust Digital Certificates.
l~cice Availability: Special routing features achieve continuity objectives by routing traffic to multiple
call centers.
recovery
vluhen an extraordinary event occurs, businesses must recovery quickly with the least impact to customers and
business operations. Sprint aids in recovery by offering the following solutions;
~ RCS DataLink; A mobile data solution that securely connects a user to the corporate LAN with e-rail,
company Intranet, and company applications, Ideal for keeping workers connected when they cannot
access a facility or must converge to a new location.
~a
IP ail Center. Provides virtual tail center to support agents anywhere in the enterprise, including
remote ~r home agents.
x~
Disaster recovery solutions stem from business continuity pfanninr- they are #w~ sides of t~r~
same business preservation coin. Prevention is as much an element of the total solution as
rerr~ediation,
sprint's approach ensures that technology initiatives are aligned with business goals, whether installing a
shadow network for network diversity, implementing a hot site to replicate data in real time, or any nurnber of
options far system availability. Far example, our data infrastructure was designed and built to carrier-grade
specifications for security and survivability~a key expectation of customers who depend on Sprint's Tier-1 IP
backbone, about asclose tofail-safe as you can reasonably get,
sprint provides service restoration to its lf.S. network in the event of equipment rnalfunctions, isolated network
overloads, major network disruptions, and national and civil emergencies. Sprint does everything possible to
prevent a total outage at PCPs and switch sites by using advanced site designs. All processors, memory, and
switch matrices within Sprint's switches are fully redundant, All switch sites are protected by uninterruptible
power supplies and halon systems that are planned in conjunction with local fire departments. Most of Sprint's
new sites are earkh sheltered to increase survivability. However, Sprint must always be on guard for unforeseen
network disasters. Sprint uses atwo-pranged attack to minimise these possibilities.
Sprint does everything passible to minimise the impact of a "single paint of failure, Sprint diversifies all
facility demands between switch sites, all connected to the long-haul network over at least two separate
Sprint fiber routes; many have three paths.
Sprint has the following systems and procedures in place to allow for rapid redeployment of network
resources in case of a catastrophic outage:
- Plans to respond effectively to any outage.
- capability to rapidly deploy network transmission facilities when needed.
Routing capabilities in Sprint digital switches and cross-connect syster~s to assist in the handling of
temporary network disruptions and forced overloads,
individual customers can assist Sprint by understanding their awn survivability Heads and by working with Sprint
representatives to determine the level of survivability required. The entire spectrurr~ of survivability needs,
expectations, and requirements can be met by properly engineering customers and Sprint switches and
facilities. Restoration times must be planned on an individual case basis,
Phases of Disaster Pre aredness
As defined by the Federal emergency Managerr~ent Agency ~FEMA~, disaster preparedness is categorized into
four phases:
Preparedness
~ Mitigation
Response
recovery
These phases are thought of as a continual cycle during an event and may overlap depending on the disasters
circumstance.
ao
Prep~redr~ess
Preparedness activities plan how tQ respond and ensure that resources are in place to recover effectively from
disastrous situations. Preparedness plans are designed not only to maintain network connectivity, but also, to
minimise danger to employees, minimise the loss of critical business functions and revenue. In this phase,
sprint trains restoration personnel, familiarises them with the process and tests the recovery plan to enhance
response capabilities.
Mftr'gatior~
Mitigation activities eliminate ar reduce the chance of a disaster's occurrence or its effects. Far example, the
reinforcing of a transport Point of Presence POP} location with sandbags and tape will reduce the chance of
damage resulting from flood or hurricane.
Response
Response activity occurs during and immediately following a disaster. During this phase, response team
members are argani2ed and deployed to assist and coordinate restoration activities
Recovery
Recovery i the final phase of the disaster preparedness process, Recovery continues until all systems are
returned to normal ar near normal canfiguratian. However, the recovery phase from a disaster may ga on for
months until operations are at the pre-disaster canfiguratian.
Definition of a Disaster
A disaster is a sudden, unplanned catastrophic event that causes great damage or loss, In the business
environment, it is any event that does net allow an organisation to perform critical business functions and the
unavailability of services for soma determined time,
Network Disaster Recove Process Overview
sprint's philosophy for responding to crisis events, ones considered beyond "normal" network activity, is to
establish the following:
~ Response procedures
~ Subject Matter Experts (SMEs)
~ Ivey departmental support groups
These resources can be quickly assembled to assist with the evaluation process and to develop the necessary
plan initiatives to expedite and resolve disaster events.
Ente rise incident Dana ement Team
The Enterprise Incident management Team ~EIMT~, argani~ed to be a proactive planning group, can be
convened quickly to provide the logistical necessities required to respond to and recover from a incident. Once
an event has been declared a disaster, the EIMT would transition into the Incident command system ~I}
structure.
The EIMT has the most current information regarding their department's area of responsibility, internal
procedures} available systems, resources, staffing roster, and invaluable points of contact. This committee is net
a~
intended to be a "fist it" argani~atian, but to provide field operations personnel with the necessary resources to
assist with the restoration process,
Incident Command stem
The Incident Command system ~iC} was developed by the National Fire Association in the early 19Da far the
sole purpose of fighting wildfires in the state of California, The concept was to develop a structural system that
would pool together key resources such as communication and manpower to improve response processes.
Today, the ICS, as the mast widely used emergency management structure within the United states, is the basis
far managing all types of disasters. This structural process is used by the Federal Emergenc}~ Management
Association ~FEIVIA~, state and local agencies, the telecommunications industry, and data management
companies
Trainin and Exercises
The EI MT routinely conducts training and exercises to promote preparedness, evaluate plans, educate
personnel, and to test functions and operational capability of sprint's Incident Command Centers {ICCs}, The
mast common types of exercises conducted are:
~ orientation and educational sessions
Tabletop exercises
~ Vl~alk-through drills
~ Functional drills
Full-scale exercises
~r~er~tatro~lEd~catr'on~f 5ess~cns
Regularly scheduled discussion sessions provide information, answer questions, and identify needs and
concerns.
Ta~~e#op fxerr'ses
In a round-table setting, members of the response team meet to discuss their responsibilities and describe how
they would react as ~ team to an emergency scenario, They identify areas of overlap and confusion in a cost-
effective and efficient manner before conducting a mare demanding exercise.
Watk-T~rouglt D~rlf
Bath management and the response team perform their emergency functions within the emergency response
location
Functional Dr1f~s
These drills are designed to test specific functional processes within the recovery plan such as notification,
response, cammunicatians, documentation, and team cohesiveness, In mast asses, these functions should
always be tested separately to help identify improvement areas and to eliminate confusion. outside observers
are often used to evaluate these exercises.
a~
Ful~~sca~e fxerc~se~
~~ercises simulated to be as claw as possible to ~ real-life disaster. They usually in~rolve the entire disaster
team, management, field operations, end outside agencies, purin~ the simulated e~erciset team members are
expected to actually perfarm their disaster responsibilities.
2~
Incident ~everi~y Levels
rint has four incident severit levels. The B~ Program uuill take differing actions depending on
p y
the Incident Severity Level. There are 4 incident Severity Levels:
1. eve! ~ ~ ~uslrre~ ~1sua~ ~- ~Ilithin acceptable operational parameters, permitting
outages that occur during the normal course of business. Sprint Ne~tel corporation
regularly operates at Level 1 unless circumstances dictate a change to an escalated level.
2. [.ev~~~-Threat: An escalation of the normal B Program standard operating procedures
weather, NHS, cyber attack, etc. monitoring} resulting f rom identif ication of a potential
threatto Sprint Nextel Corporation's personnel, operations, community andlor national
security. Impending threats typically have forewarning and require close rr~anitoring and
communications by the EIMT until the threat ether subsides ar occurs, in which case it will
be assigned an Incident Severity Level.
3, ~eve~ ~ - fr~~~dent ora~and: Incident disrupting multiple IMTs, or impacting ar requiring
resources support from multiple regions or locations, requiring enterprise level incident
management, coordination and support to ensure timely resumption of normal operations
4. Level 4 ~ or~pany Jeopardy; An incident of such magnitude, as to cause a serious
impact to: ~a} hur~an lifelsafety of r~any Sprint Ne~tel Corporation employees; ~b}national
security; {c} Sprint Nextel Corporation's ability to continue Being business as a going
concern, The ECT is activated by the EIMT fallowing the EIMT's declaration of a Leve14
incident
EIMT Incident Command Center ICC
The EIMT ICC serves as a centralized incident management center to rnanageBisaster-related operations. This
center combines management personnel, the response team, procedures, communications, and resources to
effectively assess and mitigate disaster events.
~rvice Provider Mutual Aid A regiments
sprint has initiated Mutual Aid Agreements with local service providers in an effort to minimize service disruption
resulting from a catastrophic event, Mutual Aid Agreements are generally reciprocal, offering an immediate
safety net of resources between organizations, but they are not intended to be a binding contract for long-term
survivability. These agreements are intended to establish a dialog with other carriers and competitors to discuss
emergency preparedness and business continuity. Mutual Ard Agreements usually exchange information on
network management, emergency preparedness, maintenance points of contact, and in some cases, common
points of interconnects.
2~
Attachment No. 7
~_~-~ ~ntit Default Rvutin Devi nat~en
-~ -~ Entit provided Informs#ion:
Default PAP fir: its of corpus Christi, Texs
A. ANIIALI Failure:
~ . PAP Name: IVletroor~m
ASAP ESN #: 02~, 0~4, ~~, 0~8, oho
B. ompsn~ -~-~ Trunk group Failure
1. ASAP Name: Metro Coma
D. Emergency falls to sn ~perstor ~0}:
~. PAP Name: I~etra Comm
~. 10 Digit Pu~Iic i#ched Network Emergenc}~ # for PAP saes:
~~
Attachment No. 8(a)
tom an ~~ Escalation & ~on~a~t L~~t
~. Database
dreg Hunter, Manager
~ 414 Genesee
Cana pity, MG ~41a~
8~~-80-484
re a .c.hunter rint.eorn
~, Network Gperatian
Garporate Security: Life ar Death Emergency far Lai Enfarcement
Hotline Number: 8G-9~-84
ar, far netwark facility outages and maintenance:
Netark Gperatians antrol tenter
Ratline Number: 8i~0-8~0-400 v~tian ~,7 ar EGG-~44~91 ~
. Location General Man,c,~er
Time yVarner fable
Debarah Diamand
Time vVarnerGable- Digital Phone
1 ~4~ oadland Perk Drive
Herndon, A ~0~ 7~
Tel: ~~-~~~-~00
debarah.diarnond tcable.com
4. Billin
Time yVarner fable
Debarah Diamand
Tin~evllarner Kahle -Digital Phone
1 X41 vVaadland Park Drive
Herndon,ll~ ~0~~1
Tel: ~0-04~-~0~
deborh.diarnond twcahle.cam
~~
Attachment No. 8(b)
9-~ -~ Entit Escalation contact l-iat
1. Data base
ABC outh~vest Reoiution Renter
~~~fi Guadalupe, doom ~~S
Austin. Tx ~~0~
~. PAP ~ eration~
Dit of corpus Dhriti
Police Department
Attention: Lydia Duriel
Interim I~etroCom Director
~~ John Sartain
corpus hriati, Te~cas ~4~~
~fi1 ~ 58-284
. 9-1-1 Entity >1~ana
Dity of Dorpus Dhristi
Police Department
Attention; I-ydia curial
Interim MetroDom Director
~2~ John Sartain
corpus christi, Texas 78~~~
~1 ~ ~8fi-28~~
Dity of corpus chriti
Police Department
Attention: cheryl A. Dauhs
MetroDorn upervisorl9-~ -~ Program
32~ John Sartain
Dorpus Dhristi, Texas 7840
~3G1 } 8-2G~3
4. ~-~ ~1 Enti Billie
pity of corpus christi
Police Department
Attention: heryi A, Daubs
~letroom upervior~9-~ -~ Program
~1 John Sartain
corpus Christi, Teas 7~4~~
a~
Amendment No. 1 to 9- ~ ~ 1 ~msrgency srvice Agreement between pity of corpus Christi and
sprint communications ~o. L.P.
The 9-1-1 emergency services Agreement between pity of corpus Christi {"9-1- l Entity„} and
sprint ommunicatians o. L.P. {"company„~ is amended to add the following seCtlans to the
Agreement:
~1. Term. The inltlal term Of thls Agreem.snt shall became effectlve on the later of the date 1t
contains s~ atures on behalf of bath on~pany ar~d the pity of corpus Christi shall continue far
a period of one year {sub jsct to the availability of appropriations or budget funds as applicable
far any payments required by - l - ~ Entity to ~nlpany} unless tCrnllnated earlier aS pravlded
elsewhere in this Agreement. Therea~er, this Agreement shall automatically renew each year
{subject to the availability of appropriations or budget funds as applicable far any payrrzcnts
required by 9~1-1 ~iltity to ~mpany but even VL~lthaut SUCK payamsnt abllgatlons the Agreement
n~iay otherwise cantinas ~vithaut such payments.
~~. Nladification and A eed Termination,
A~ Except as other~vlse pravlded hreln, this Agreement may not be modified or
amended other than by a written instrument executed by both Parties,
B. In addlt~an to any rights of the Partles to n'~odlfy or terrnlnate thls Agreerrient
found elsewhere In this Agreement, the Parties may modify ar terminate this Agreement before
the end of the then-current term under the following circurnstan.cs:
a. ~PAN~ may terminate thls Agreement wlth thlrty {~a~ days natlce if
~IVIPAN~ is discontinuing the services provided for under this
Agreement xn the ~- ~ - ~ Entity's Jurisdiction.
b. upon sixty {~0} days written notice to ~MPAIV~, 9-1 ~ 1 Entity may
modify this Agreement to make changes to its 9- l - l Network andlor 9- ~ - ~
Database service Management services, including, but not limited to, a
change of service providers, a Next er~eration ~- ~ -1 Network, andlor
NENA Future Path Plan compliance or implementation. IVlodi~cation{s~
made pursuant to this subsection shall be limited to those necessary to
make this Agreement consistent with such changed service configurations;
ar
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,
2~, L~rnltatlan of 'arranties and l~lab111t
A. Limitation of Warranties
N~TwITHTANDINr ANY GTHER PR~ISI~N GF TINS AGREEMENT, THE
PARTIES AGREE THAT N~ PARTY HAS MADE, AND THAT THERE DGES NGT
E~iT, .ANY WARRANTY, EPRES GR IMPLIED, INCLUDING BUT NGT
LIMITED TG wA,RRANTIES ~F MERCHANTABILITY AND FITNESS FGR A
PARTICULAR PURPLE FGR ANY SERVICE FGR GGGD} PRGVIDED UNDER
THIS AGREEMENT. COMPANY PRGVIDES A SERVICE UNDER THIS
AGREEMENT AND NAT "GOADS" A DEFrNED IN THE UNIFGRM
COMMERCIAL CODE, as adopted in Texas.
B. No .Assumption of Liability
IN ADDITIGN TO THE LIMITATIONS OF LIABILITY DESCRIBED ELSEWHERE
IN THIS AGREEMENT, CGMPANY ASSUMES ND LIABILITY FGR ANY ACT GR
OMIS SIGN OF ~-1- I GGVERNMENTAL ENTITY, BY VIRTUE GF ENTERING
INTO THIS AGREEMENT. -1-1 GGVERNENTAL ENTITY ASSUMES NO
LIABILITY FGR ANY ACT OR OMISIGN OF COMPANY BY VIRTUE GF
ENTERING INTO THIS AGREEMENT.
Force Mai cure
Neither Party shall be liable for failure to perform pursuant to this Agreement if such
performance is precluded by acts or events beyond the Party's reasonable, good faith
control, including, but not limited to; labor dif~cultics, strifes or embargoes,
governmental mandates, civil commotion, wars, power failures, fires, floods, water,
earthqual~es, 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 ~lnclud~ng, but not
limited to, last profits} directly or indirectly arising out of or in connection with
performance or nonperformance of the services to be provided under this Agreement
~5. Assi,
A, COMPANY nay not assign any of its rights nor delegate any of its obligations
under this Agreement without the prior written consent of the City of Carpus Christi which
consent shall not be unreasonably withheld}. CGPANY may assign its rights or delegate its
duties under this Agreerr~ent 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 consent; however, under such assignment by
COMPANY, COMPANY shall notify 9»t-~ Entity of the assignment prior to the effective date
of the assignment.
B. 9-1-1 Entity may assign this Agreeirient to a successor 9-1-1 Entity, Nothing in
this agreement restricts 9-1- l Entity from making network and operational changes or shall
constitute an assignment.
All the terms and prov~slons of this Agreement will be binding upon and inure to
the benefit of and be enforceable by the Parties and their respective permitted successors and
.
assigns.
~, everability. If any provision of this Agreement is held invalid, illegal ar unenforceable
in any ~urisdictian, far any reason, then, to the fu11 extent peraitted by law, {a~ all other
provisions hereof will remain in full force and effect in such ~nrisdiction and will be liberally
construed in order to carry out the intent of the Parties as nearly as may be possible, fib} 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 I.1aws.
~7. Governing Law; _Venue. This Agreerrient shall be governed by and construed according
to the laws of the state of Texas. venue far ari action or claim arising out of this Agreement
Y
shall be in Texas.
2$, Insurance, CDiVIPANY agrees to corriply with the attached insurance requirerrxents.
~9. UC~NTRACTDR. C~IVIPANY nosy use subcontractors in connection with the
performance of DNIPANY obligations under this Agreerrient. when using subcontractors,
however, COMPANY must obtain prior written approval from the City. In using subcontractors,
C~l1~PANY agrees to be responsible far all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the CD~ANY. All requirements set forth
as part of this A.green~ent shall be applicable to all subcontractors and their employees to the
same extent as if the ~PANY and its employees had performed the services.
27. APP1~P~IATIDN. Any performance ar payment obligations of 9-1-1 Entity are
subject to pity council appropriation of funds far such purpose
2S. Effective Date This Amendment No, l takes effect upon date of last signature.
Agreed to by:
Cl of Corpus Christi Sprint Comma icatioi~s L.P.
~y; ~y:
Leo .Noe Name: Ralph smith
City 11~anager Title: 14lana er 911 Contracts
• ~ Date: ~ ~~
Date.
Attest
~~.
Armando papa
City ~cretry
Approved as to dorm an , ~4~7
By:
Assistant ~t~y Attar~e~
For City Attorney