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. . APPLICATION FOR ENHANCED 9-1-1 SERVICE This tri-partite Agreement, dated for reference February 23, 1993, is made by and among City of Moscow, Idaho ("City"); GTE Northwest, Incorporated and Motorola, Inc. ("Motorola"). WHEREAS, City desires to acquire Enhanced 9-1-1 services for the GTE Moscow Central office (prefixes 882, 883, and 885, excluding the University of Idaho) including Automatic Location Identification (ALI) from GTE, and this ALI is to be stored in an electronic facility owned by City; and WHEREAS, City has purchased a computer and electronic storage facility capable of storing ALI from Motorola; and \VBEREAS, GTE is willing to provide ALI to City through its Distribution Machine for Address and Routing Control System (DMARCS); and WHEREAS, Motorola will be assisting City in installing and operating ALI on the City's electronic facility; The parties agree as follows: 1. GTE will make ALI available to City through the DMARCS on the following terms and conditions: a. ALI will be provided in accordance with National Emergency Number association (NENA) Database Standards as set forth in the GTE Practice 444-400-003, which is incorporated herein by reference. b. City will be given dial-in access to the DMARCS database to download the ALI for use in the City's E9- l -1 system. Dial-in access will be provided in accordance with GTE's Enhanced 9-1-1 Data Distribution Plan set forth in GTE Practice 444-400-011, which is incorporated herein by reference. c. City is responsible for identifying primary PSAP locations as well as the unique combination of police, fire and ambulance or any appropriate agencies responsible for providing emergency service in the 9-1-1 service area. City will assign an Emergency Service Number (ESN) for each unique combination and associate these ESNs with street address ranges. d. City will continue to verify the accuracy of the information contained in the MSAG and advise GTE of any changes including, but not limited to, changes in street names; establishment of new streets; changes of address numbers used on existing streets including changes in street ranges; any ---PAGE BREAK--- ' Application for Enhanced 9- -1 Service March 22, 1993 Page2 changes in response agency jurisdiction which impacts the ESNs; and changes in municipal or county boundaries. e. The Automatic Number Identification (ANI) used to begin the ALI retrieval process shall be delivered from the GTE Moscow central office on at least 4 circuits. f. All rates, terms and conditions from the GTE 9-1-1 Emergency Telephone Service tariff on file at the Idaho Public Utility Commission ("IPUC") are applicable where appropriate. 2. City and Motorola agree to use the GTE-provided ALI only for the purpose of responding to an emergency 9-1-1 call at the time such a call is placed, and for no other purposes and, under no circumstances, will disclose, sell, publish, transfer or reproduce the ALI in any manner, in whole or in part, including the publication of a directory. All ALI information will be securely maintained and used in accordance with the GTE enhanced 9-1-1 Data Management Standards, GTE Practice 444-00-010, which is incorporated herein by reference. The security of GET customer information will be protected in accordance with all applicable legal and regulatory requirements. 3. PROVISION OF ENHANCED 9-1-1 NETWORK AND ALI DATABASE SERVICES UNDER TIDS AGREEMENT SHALL BE PURSUANT TO THE TERMS AND CONDITIONS AS STATED IN THE GTE 9-1-1 EMERGENCY TELEPHONE SERVICE TARIFF ON FILE WITH THE IDAHO PUBLIC UTILITY COMMISSION. GTE'S LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES AND UNDER NO CIRCUMSTANCES SHALL GTE BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE ALI OR THE DELAY, ERROR OR LOSS OF ALI DATA IN CONNECTION WITH TIDS LIMITATION OF LIABILITY, THE PARTIES RECOGNIZE THAT GTE MAY FROM TIME TO TIME PROVIDE ADVICE, MAKE RECOMMENDATIONS OR SUPPLY OTHER ANALYSIS RELATED TO THE PROVISION OF ENHANCED 9-1-1 SERVICES OR ALI AND , WHILE GTE SHALL USE ITS BEST EFFORTS IN TIDS REGARD, THE OTHER PARTIES ACKNOWLEDGE AND AGREE THAT TIDS LIMITATION OF LIABILITY SHALL APPLY TO PROVISION OF SUCH ADVICE RECOMMENDATIONS AND ANALYSIS. 4. City shall indemnify, protect and save harmless GTE from and against any and all loss, liability damage and expense including any attorney's fees arising out of any demand, claim, suit or judgment for damages which may arise out of GTE's supplying ALI to City or out of the use of ALI provided, including the unauthorized use of the GTE provided ALI. ---PAGE BREAK--- f Application for Enhanced 9-M -1 Service March 22, 1993 Page 3 5. Motorola shall indemnify, protect and save harmless GTE from and against any and all loss, liability damage and expense including any attorney's fees arising out of Motorola's breach of its obligations described in paragraph 2 above. Motorola's liability to GTE, whether in contract, tort or otherwise, shall be limited to direct damages, and under no circumstances shall Motorola be liable to GTE for indirect, incidental or consequential damages. Motorola's indemnification of GTE shall terminate at the end of the initial five-year term of this Agreement as described in paragraph 9. 6. The rates contained in this Agreement are tariff charges for the enhanced 911 and ALI service as approved by the IPUC and are based on a count of subscriber records. The count for December of 1992 was 10,743 records. City shall be charged for the actual count to be determined at time of final database system load. An updated count shall be performed, and a new rate developed at the end of every calendar year. The charge for this ALI service for the purpose of this document is a non-recurring charge of $10,098, and a recurring charge of$645 per month. The tariff rate elements used to compute the above-stated amounts are: Rate 9-1-1 central office enabling 9-1-1 service line (per circuit) ALI database (each subscriber record) and a one time non-recurring charge of per record .06 . 94 43.63 22.10 7. It is recommended that the City work with GTE to develop a back-up plan to be implemented in the event the PSAP must be evacuated. This plan should be completed by the time the Enhanced 9-1-1 system is turned up live to the public. 8. GTE billing shall begin on the date that test calls result in an ALI accuracy of 97%. These calls shall be both live 9-1-1 calls and "test" 9-1-1 calls. These charges shall be due and payable by the City within 30 days of receipt. 9. The term of this Agreement is for five years from the date referenced above. Unless terminated, the term shall be automatically extended for subsequent one-year terms. This Agreement may be terminated by any party upon given written notice to the other parties at least sixty days prior to the end of the applicable term. Termination of this Agreement by GTE will be subject to prior IPUC approval. 10. No party to this Agreement shall assign or delegate its obligation under this Agreement without the prior written consent of the other parties. This agreement shall ---PAGE BREAK--- . . Application for Enhanced 9-1-1 Service March 22, 1993 Page4 be binding on and inure to the benefit of the respective successors and permitted assigns of the parties. 11. The parties declare and agree that each party is engaged in a business which is independent from that of the other parties and each party shall perform its obligations as an independent contractor. 12. This agreement shall be governed and interpreted or construed in accordance with the laws of the State of Idaho and shall be subject to the exclusive jurisdiction of the IPUC and the courts of the State ofldaho. 13. If any party refuses or fails in any material respect to properly perform its obligations under this Agreement, violates any of the material terms or conditions of this Agreement or permits unauthorized use of the ALI, such refusal, failure or violations shall constitute a default. In such event, the non-defaulting party(s) shall have the right to terminate this Agreement upon written notice and to seek all appropriate legal remedies from the defaulting party. Termination of this Agreement by GTE will be subject to prior IPUC approval. 14. All parties will comply with all federal, state, and local laws concerning the provision of regulated utility database information and privacy of individuals. 15. The parties agree that the Enhanced 9-1-1 Service described herein is provided pursuant to the terms and conditions of this Agreement and the applicable tariff in effect, and should a conflict exist between the provisions contained in this Agreement and the applicable tariff, the tariff provisions will prevail. If GTE files a new or amended tariff during the term of this Agreement covering the services provided, that tariff, when approved by the appropriate regulatory agency, shall supersede this Agreement, in whole or in part, as appropriate. The rates, terms and conditions contained in this Agreement shall be subject to the continuing jurisdiction of the IPUC. GTE will expeditiously file this Agreement with the IPUC. 16. This Agreement, including the tariffs and other material incorporated by reference, constitutes the entire agreement of the parties pertaining to the provisioning of ALI and supersedes all prior agreement, negotiations, proposals and representations, whether written or oral, concerning the subject matter. no representations, understandings, agreements or warranties, express or implied have been made or relied upon in making of this Agreement other than those specifically set forth. 17. Preliminary timeline is as follows: EVENT Contract approval/execution Provide initial MSAG ledger PARTY ALL GTE COMPLETE DATE 3/22/93 3/22/93 ---PAGE BREAK--- ' . . I Application for Enhanced 9-L -1 Service March 22, 1993 Page 5 Provide customer MSAG training Resolve discrepancies in MSAG ledger Return completed ledgers to GTE Enter approved MSAGs into Tandem Perform a trial load Resolve trial load discrepancies GTE GTE/City City GTE GTE GTE/ City 3/22/93 4119/93 4/24/93 4/29/93 5/01193 5/08/93 NOTE: The timeline beyond this point is contingent upon evidence of Motorola's performance in compliance with GTEPS 003-011 which will be demonstrated by the successful completion of a series of tests to be planned and executed by GTE and Motorola. GTE will be ready to participate with Motorola in testing by 3/22/93. Timeline completion dates for the remaining tasks will be developed by following test completion. EVENT Perform a final load Resolve final load discrepancies Begin Daily update process Manual ALI verification Provide MSAG/ ALI database maintenance training Public cutover to enhanced 9-1-1 Summary bill reviewed with customer PARTY GTE GTE/ City GTE/Motorola ALL GTE ALL GTE/City ---PAGE BREAK--- Application for Enhanced ; Sen·icc March 22. 1993 Page 6 APPLICATION REQUESTED BY: City ofMoscow, Idaho: ATTEST: Name Paul C. Aqidius Title Mayor Date 3/22/93 APPLICATION ACCEPTED BY: GTE Northwest, Incorporated Signature 4 Name Bob Connell Title Accormt 1·1anager - 9-1-1 Major Accounts Date April 5, 1993 CONCURRENCE BY: Motorola, Inc.: Signature dArrJ 4 Name Edward Bauer Title Vice-President Date TAUp=r 1= · 1V2W1L, lc. - 1 1 ; ,1 · · L -