HomeMy WebLinkAboutResolution 67-1995 �'�
RESOLUTION NO. 67-95
WHEREAS, the City of Brookings recognizes the need for Enhanced 911 functions and
services.
THEREFORE, BE IT RESOLVED that the City Commission of the City of Brookings
does hereby approve the E911 Service Agreement and authorizes the Mayor to sign said
agreement.
Passed and approved this 18th day of July, 1995.
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Mayor
ATTEST:
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Fi r
. . , . .
E911 SERVICE AGREEMENT
City of Brookings, South Dakota East Central Regional
Municipal Utilities - Telephone Department Communications Council
ADDRESS: 415 4th Street PO Box 588 ADDRESS: 307 3rd Ave.
Brookings, SD 57006 Brookings SD 57006
CONTACT: W. James Adkins CONTACT: Dennis Falken
Telephone Manager Chief of Police
TERMS AND CONDITIONS OF E911 SERVICE AGREEMENT
SECTION 1 AGREEMENT
It is hereby agreed and understood that City of Brookings, Municipal Utilities, Telephone
Department, hereinafter referred to as "Company", will provide certa.in E911 functions and
services to the East Central Regional Communication Council of Brookings County, South
Dakota according to the terms and conditions contained in this E911 Service Agreement,
hereinafter refened to as "Agreement".
The East Central Regional Communication Council, hereinafter referred to as, "the Council",
agrees to receive certain E911 functions and services from the Company, and the Company
agrees to provide certain E911 functions and services to the Council, upon written acceptance
hereof signed at the Company's principal office by an authorized officer and upon the terms and
conditions of this Agreement, which functions and services are described in attached E�ibit "C"
which is made a part of this Agreement, for the provision of E911 Service to Brookings County,
South Dakota. It is understood that any additions or reductions in said functions or services shall
be covered by supplements to this Agreement duly executed by the Council and Company. The
council represents that it is a fully constituted public agency formed under the joint powers
authority granted by SDCL 1-24-1 and is authorized to enter into the transactions contemplated
by this agreement and to carry out its obligations hereunder. Attached hereto and incorporated
by reference is a true and correct copy of the Joint Powers Agreement duly executed by the City
of Brookings and Brookings county (E�chibit A).
SECTION 2 GENERAL DESCRIPTION OF SERVICE
Enhanced 911 Service (E911) is a telephone communication service whereby one or more Public
Safety Answering Points (PSAP) may receive telephone calls dialed to the telephone number
911. E911 Service includes network facilities necessary for the answering, transferring,
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dispatching and forced disconnect of emergency 911 calls originated by persons within the
serving area.
E911 Service is provided solely for the benefit of the Council operating the PSAP. The
provision of 911 Service by the Company shall not be interpreted, construed, or regarded, either
expressly or implied, as being for the benefit of or creating any Company obligation toward any
third person or legal entity other than the Council.
SECTION 3. DEFINITIONS
For the purposes of this Agreement, the meaning of certain terms is as follows:
Alternate Routing (AR) - A method by which 911 calls are routed to a designated alternate
location if(1) all E911 lines to the primary PSAP (see definition of PSAP below) are busy, or (2)
the primary PSAP is closed for a period of time.
Automatic Location Identification (ALI) - A feature by which the name and address associated
with the calling party's telephone number is forwarded to the PSAP for display.
Automatic Number ldentification NI) - A feature by which the calling party's telephone
number is forwarded to the PSAP's Customer Premises Equipment (CPE) for display.
Customer Records - The provision of information consisting of customers' names, addresses and
telephone numbers to Provider for the sole purpose of building and maintaining a data base used
in providing E911 Service to a specific geographical area.
Customer Premises E�uipment (CPEI - All telecommunications terminal equipment located on
the customer premises, except coin-operated telephones and encompassing everything from
standard telephones to the most advanced dara terminals and PBX's.
Data Management System (,DMS1 - A computer database used to create, store and update the
data (e.g., Emergency Service Numbers, addresses, subscriber names, etc.) required to provide
the Selective Routing (SR) feature.
Default Routing (DR) - A feature activated when an incoming 911 call cannot be selectively
routed due to an ANI failure, garbled digits or other causes. Such incoming calls are routed from
the E911 Control O�ce (defined below) to a Provider-designated default PSAP.
Emergency Service Numbers (ESN) - Numbers used to identify PSAP locations as well as
unique combinations of police, fire ambulance or any other appropriate agencies responsible for
providing \emergency service in the E 911 service area. ESN's are programmed into the DMS
and are assigned by Company to facilitate the routing and transfer features.
End Off'ice - A Central Office which receives originating 911 calls.
E911 Control Office - A Central Office which provides tandem switching of 911 calls. It
controls switching of ANI information to the PSAP and also provides the Selective Routing
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(SR), Speed Calling and Call Transfer features, and certain maintenance functions for each
PSAP.
E911 Service Area - The geographic atea in which the Council will respond to all 911 calls and
dispatch appropriate emergency assistance.
E911 Trans�ort Service- Denotes that portion of E911 Transport which connects wire centers.
Fixed Transfer - A Selective Routing feature which enables a PSAP attendant to transfer
incoming 911 calls to secondary PSAPs by use of a single button on the Provider's CPE.
Forced Disconnect - A feature that allows the PSAP attendant to release a connection regardless
of the action of the calling party. This prevents blockage of the incoming 911 lines serving the
PSAP.
Inter-Office E911 Facilities - Dedicated point-to-point facilities connecting a 911 call received in
the End office to the Control O�ce where Selective Routing equipment resides. Inter-office
E911 facilities also connect Selective Routing equipment to the PSAP Serving Central Office. In
E911 systems where the Selective Routing feature is not used, inter-office facilities are those
dedicated point-to-point facilities connecting the End O�ce with the PSAP Serving Central
Office.
Local E911 Ch�nnels - Dedicated point-to-point facilities connecting the Serving Central Office
to the PSAP.
Manual Transfer - A Selective Routing feature that enables the PSAP attendant to transfer an
incoming 911 call by depressing their telephone switchhook or the appropriate button on the
Provider's CPE and dialing either a 7-digit or 11-digit telephone number or a Speed Calling
code.
Master Street Address Guide (MSAG) - A file which supplies Roadway names, address ranges,
communities and Emergency Service Numbers for a particular 911 system.
Public Safety Answering Point �SAPI - An answering location for 911 calls originating in a
given area. PSAPs are designated as primary or secondazy, which refers to the order in which
calls are directed for answering. Primary PSAPs receive calls directly from the public; secondary
PSAPs receive calls only on a transfer basis from the primary PSAP. Secondary PSAPs
generally serve as centralized answering locations for a particular type of emergency call.
PSAPs are staffed by employees of service agencies such as police, fire or emergency medical or
by employees of a common bureau serving a group of such entities.
Selective Routing (SRl - A feature that permits a 911 call to be routed to the designated primary
PSAP based upon the identified telephone number of the calling party. This feature is a tandem
feature.
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Selective Transfer - A Selective Routing feature that allows the PSAP attendant to transfer an
incoming 911 call to another agency by depressing a button labeled with the type of agency, e.g.,
"Fire," on the PSAP's CPE.
Servin� Central Office - The Central Office from which a PSAP, either primary or secondary, is
served.
Standard AddressinQ - A means of addressing which may include the elements of street/road
names and house numbers, rural route, box number or section/township, or to the extent that it is
technically feasible.
SECTION 4 �LISTOMER RECOIZDS:
Customer Record information is licensed and furnished for the sole and exclusive purpose of
creating an E911 database and shall be used solely for the provision of E911 Service.
Disclosure or use of any information provided through Customer Record for other than response
to a 911 telephone call is strictly prohibited. The "non-published/non-listed" telephone subscriber
whose name, address and telephone information is contained in the customer record information
have an expectation or right of privacy associated with that information, and the information is to
be treated accordingly. Therefore, the Council agrees to the following:
1) The Council will use the non-published numbers only for E911 uses.
2) No other disclosure of a non-published number will be made by the Council, its agents
or employees, without court order.
Customer Record information may not be duplica.ted except with the Company's written
authorization. The Council shall establish written practices and procedures that will protect
telephone subscribers' rights of privacy and preclude misuse or abuse of subscriber information
which is contained in the customer record file.
SECTION 5 '�ERM AND TERMINATION
This Agreement shall extend for a period of five years beginning with the Date of Acceptance,
hereinafter defined, of the E911 Service, further, this agreement may be automatically renewed
for like successive periods, unless either party gives notice of termination. Should a party not
wish to renew this agreement, the party wishing to terminate the agreement shall give to the other
party a minimum of 90 days notice in writing prior to the end of the sixtieth month by certified or
registered mail.
SECTION 6 1?ATE OF ACCEPTANCE
At least thirty days prior to the cut-over to the E911 system, Council will notify Company of the
test to be used which will demonstrate to the satisfaction of the Council that the system is
operating in accordance with the agreement. The acceptance test period shall continue for thirty
(30) days from a mutually agreed upon date, which date is to be not more than thirty (30) days
after Company has indicated the E911 systems readiness for service.
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For purposes of this section, satisfactory performance shall mean that service is provided in
accordance with the equipment and software vendors' design standards.
If satisfactory performance of the system is realized, Exhibit "B" shall be completed by Council,
establishing the "Date of Acceptance". If Satisfactory performance is not realized, Company
shall be so notified in writing before the end of the acceptance period. Such notice shall detail
the specific deficiencies. Company will have 30 days from the date of such notice to correct any
problems found. Such corrections will also be subject to the acceptance test above specified.
The "Date of Acceptance" will be conclusively established at the end of the test period.
SECTION 7 AGREEMENT PAYMENTS
The Company will be required to provide Council with monthly invoices reflecting the amount
due as shown in this agreement. Company shall send monthly invoices thirty days in advance of
payment to Council at the following address:
Brookings County Auditor
East Central Regional Communications Council
314 6th Ave.
Brookings, South Dakota 57006
Payment for services provided during the month shall be made on or about the first day of each
month.
The company will provide an invoice for the non-recurring (one time) chazges, identified in
section 16, upon full execution of this agreement. Payment by the council for the non-recurring
charges shall be made within 60 days of invoicing.
SECTION 8 SYSTEM ALTERATIONS
The Company shall provide and alter the Company provided E911 services listed in this
agreement as requested by the Council free of charge for a period of three (3) months from the
date of acceptance. Any changes to the E911 system features or configuration after the initial
three (3) month period shall be charged on a time and material basis in accordance with the
Companies current rates.
SECTION 9 INDEMNITY
The Council agrees to release, indemnify, defend and hold harmless the Company from any and
all loss, claims, demands, suits or other action, or any liability whatscever, including all costs
and attorney's fees incurred therein, whether suffered, made, instituted or asserted by the Council
or by any other party or person, for any personal injury to or death of any person or persons, or
for any loss, damage, or destruction of any property, whether owned by the Council or others,
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. - . . , . .
arising or resulting from the negligence of Council or the Council's employees, in answeFing,
transferring, dispatching and forced disconnecting of emergency 911 calls.
The Council also agrees to release, indemnify and hold harmless the Company in the same
respect mentioned above, for any infringement or invasion of the right of privacy of any person
or persons, caused or claimed to have been caused, directly or indirectly, by the installation,
operation, failure to operate, maintenance, removal, or use of E911 Service features and the
equipment associated therewith, or by any services furnished by the Company in connection
therewith, including, but not limited to, the identification of the telephone number, address or
name associated with the telephone used by the party or parties accessing 911 Service hereunder,
and which arises out of the negligence or other wrongful act of the Council, its user, agencies or
municipalities, or the employees or agents of any one of them.
This indemnity provision shall not.release Company or any of company's agents or employees
from liability for their own negligence.
SECTION 10 LIABILITY:
The Company's liability to the Council for any loss or damage arising from errors, interruptions,
defects, failures, or malfunctions of this service or any part thereof whether caused by the
negligence of the Company or otherwise shall not exceed an amount equivalent to the pro rata
chazges for the service affected during the period of time that the service was fully or partially
inoperative. These limited damages shall be in addition to any credit which may be given for an
out-of-service condition.
This provision shall not affect or limit the company's liability to others.
SECTION 11 FORCE MAJEURE:
A Party shall be excused from performance if its performance is prevented by acts or events
beyond the Party's reasonable control, including but not limited to severe weather and storms;
earthquakes or other natural occurrences; strikes or other labor unrest; power failures; computer
failures; nuclear or other civil or military emergencies; or acts of legislative, judicial, executive,
or administrative authorities.
SECTION 12 rHOICE OF LAW
This agreement shall be governed by and construed in accordance with the Laws of the State of
South Dakota.
SECTION 13 AMENDMENTS TO AGREEMENT
The parties may by mutual agreement and execution of a written supplement to this Agreement
amend, modify, or add to the provisions of this Agreement
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SECTION 14 NOTICES
All notices to be given under this agreement shall be made in writing and mailed by certified
mail, return receipt requested, to the other party at its address set forth below or at such address
as the party may provide in writing from time to time. any such notice shall be deemed to have
been received five (5) days subsequent to mailing. If any questions arise about dates of notice,
postmark dates control.
City of Brookings Telephone Dept. East Central regional Communications Council
Telephone Manager Brookings County Auditor
415 4th St. P O Box 588 314 6th Ave.
Brookings South Dakota 57006 Brookings South Dakota 57006
SECTION 15 ENTIRE AGREEMENT
This Agreement, together with Exhibits A, B and C attached hereto constitutes the entire
agreement between the parties with respect to the E911 Service.
SECTION 16 RATES AND CHARGES
The Company agrees to provide E911 Service as described in Exhibit C and the Council agrees
to pay for the services provided pursuant to this Agreement as follows:
For the E911 Service as listed in Exhibit C.
Non Recurring (one time) charges shall be $22,000.00
The monthly recurring E911 Service charge shall be $2,700
The rates and charges set forth herein do not include any applicable charges rendered by
other local companies or other carriers to the Council.
Trunk and lines circuit charges and transport mileage charges of the Company to the
Council for E911 Charges are included in Company's General Exchange Tariff and
Intrastate Special Access Catalog and are not included in ihe E911 Service as identified
above.
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be duly executed for
and on its behalf on the day and year indicated below;
APPROVED BY A VOTE OF THE EAST CENTRAL REGIONAL COMMUNICATIONS
COUNCIL ON 3� DAY OF 1995•
.
Chairman Secretary
ON BEHALF OF THE EAST CENTRAL REGIONAL COMMUNICATION COUNCIL AS
APPROVED BY A VOTE OF: APPROVED BY A VOTE OF:
THE CITY F BROOKINGS BROOKINGS COUNTY
ON I$��' DAY OF 1995• ON DAY OF 1995-
L�� , .
Mayor ommission Ch irman
`��oN eeoo�,�
f, s
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l�ance � r Auditor
'G ••.....•• p
�sco�sout�'
CITY OF BROOKINGS TELEPHONE DEPARTMENT
AS APPROVED BY A VOTE OF THE
BROOK�NGS MUNICIPAL UTILITIES BOARD
ON ��T DAY OF 1QQ�.
�
President
�t�il`' i:�e,.�
Secretary
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EXHIBIT "C"
1. This service is limited to the use of central office telephone number 911 as the
universal emergency telephone number. Only one E911 Service will be provided
with this agreement.
2. The 911 emergency telephone number is not intended as a total replacement
for the telephone service of the council or of the various public safety agencies
which participate in the use of this number. The public safety agencies will
subscribe to other exchange telephone services provided by the Company.
3. E911 Service is furnished to the Council only for the purpose of receiving reports
of emergencies by the public.
4. E911 Service is classified as Business Service and is arranged for one-way
incoming service to the appropriate PSAP. Outgoing call can only be made on a
transfer basis.
5. The Company does not undertake to answer and forward 911 calls, but furnishes
the use of its facilities to enable the Council's personnel to respond to such calls
on the Council's premises. The Council is responsible for the provision and
maintenance of cable and wire on the Council's side of the Demazcation Point.
6 Where 911 Service has been activated, the Company will provide the same level
of reliability and quality as it provides for all other telephone services in that
central o�ce. Furthermore, the Company does not contemplate the inspection or
constant monitoring of facilities to discover errors, defects or malfunctions in the
service, nor does the Company undertake such responsibility. The Council shall
make such tests as, in the judgment of the Council, are required to determine
whether the system is functioning properly for its use. The Council shall notify
the Company promptly in the event the system is not funct'ioning properly.
7. Any CPE used in conjunction with E911 Service or attached to the network shall
be configured so that it is unable to extract any information from the Data
Management System other than information relating to a number identified
through the ANI feature as the source of an in-progress call.
8. The E911 calling party forfeits the privacy afforded by non-listed and
non-published service to the extent that the telephone number, address and name
associated with the originating station location is retrieved by the PSAP at the
time a call is placed to 911.
9. It is the obligation of the Council to make azrangements to handle all 911 calls
that originate from telephones served by Central Offices in the E911 service area.
10. In addition the Council agrees to the following terms and conditions:
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a. All 911 calls will be answered on a 24-hour day, seven-day week basis.
b. The Council has responsibility for dispatching the appropriate emergency
service vehicles within the E911 service area, or will undertake to transfer all
911 calls received to the governmental agency with responsibility for
dispatching such services, to the extent that such services are reasonably
available.
c. The Council will establish a procedure for handling ca11s not requiring public
safety response.
d. The Council will subscribe to local exchange service at the PSAP location
for administr.ative purposes, for placing outgoing calls, and for receiving other
calls.
e. CPE must be of a capacity adequate to handle the number of incoming E911
lines. It is the Council's responsibility to ensure the CPE selected is
compatible with the service furnished by the Company.
11. When the Selective Routing feature is provided, the Council is responsible for
identifying primary and secondary PSAP locations as well as the unique
combinations of police, fire, and ambulance or any other appropriate agencies
responsible for providing emergency service in the E911 service area. An
Emergency Service Number (ESN) will be provided for each unique combination
by the Company. Prior to the effective date of service, the Council will associate
these ESNs with street address ranges or other mutually agreed upon routing
criteria in the E911 service area. These ESNs will be programmed into the Data
Management System (DMS) to permit routing of 911 calls to the primary and
secondary PSAPs responsible for handling calls from each telephone in the E911
service area. The following terms define the Council's responsibility in providing
this information:
a. After establishment of service, it is the Council's responsibility to continue to
verify the accuracy of the routing information contained in the MSAG and to
advise the Company in writing of any changes in street names, establishment
of new streets, changes in address numbers used on existing streets, closing and
abandonment of streets, changes in police, fire, ambulance or other appropriate
agencies' jurisdiction over any address, annexations and other changes in
municipal and county boundaries, incorporation of new cities or any other
matter that will affect the routing of 911 calls to the proper PSAP.
b. The Company will furnish the Council, on request, a complete written copy of
the MSAG to permit the Council to verify accuracy of the police, fire, and
ambulance PSAP routing designations.
c. Changes, deletions and additions (updates) which the Council desires to have
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made in the MSAG should be submitted on an "as occurred" basis. .
d. The Company will furnish a written copy of the updates to the Council for
verification showing each change, deletion and addition to the MSAG, as they
occur.
12. E911 Transport Service provides dedicated transmission paths to connect E911
Service components located throughout the city and state, by utilizing analog
voice, data and high capacity channels. The transport rates listed in the
INTRASTATE Special Access Service Catalog are exclusive to the Company.
The Council will be billed separately for the transport provided by the Company
and other Local Exchange Companies. The council is fully responsible for
payment of transport rates and charges billed by the Company and other Local
Exchange Companies.
In addition to the regulations set forth in the Company's INTRASTATE Special
Access Services Catalog, the following regulations apply to E911 Transport
Service:
a. For purposes of ordering service, individual channel requirements must be
identified, e.g.; voice, data, etc. These channels must be ordered individually.
b. The terms and conditions for the individual channels, excluding rates and
chazges, apply as specified in the Company's Special Access Catalog.
c. The rates charged for E911 Transport Services do not contemplate the
inspection or constant monitoring of facilities to discover errors, defects,
and malfunctions in the service, nor does the Company undertake such
responsibility. The Council shall make operational tests to determine whether
the system is functioning properly for its use. The Council shall promptly
notify the Company in the event the system is not functioning properly.
d. All E911 facilities and services will be engineered, installed, and maintained
by the Company at sufficient quantities to provide a minimum of P.O1 Grade
of Service. In most situations, a minimum of two circuits will be required to
connect each End Office in the E911 system to the Central Office where
Selective Routing equipment resides and/or to the PSAP Serving Central
Office.
e. A minimum of two Local E911 channels will also be required to connect the
Serving Central Office(s) to the PSAP(s).
f. All Local E911 Channels will be engineered, installed and maintained by the
Company using transport facility diversity, where available.
g. All Inter-Office E911 facilities will be designed using carrier system diversity,
where available.
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h. Two ALI data facilities are required to connect each PSAP in the E911 Service
area, one data facility to each of the two ALI/DMS node computers.
i. It is the Councils responsibility to report, in writing, any errors it identifies in
the ALI database in order that the Company may correct the information
expediently.
j. Secondary PSAPs that are not equipped to display ANI/ALI on compatible
CPE will receive calls on a transfer basis over the exchange network or the
customer may subscribe to additional E911 Transport Service.
13. It is the Company's responsibility to:
a. Supply Customer Record (ALI) data to the Councils PSAP site 24 hours a day,
7 days a week.
b. Supply technical support for data transmission problems.
c. Build, operate and maintain the MSAG file.
d. Provide complete MSAG file and updates to other Telcos' involved in the
E911 Service Area, in printout or file format on a regular basis.
e. Coordinate, build, operate and maintain the Customer record (ALI) data base,
including all other E911 Service Area Telcos' data as directed by the Council.
f. Establish electronic means for other E911 Service Area Telcos' to
communicate daily Customer Record update files to the Company.
g. Distribute Customer Record (ALI) errors to the other E911 Service Area
Telcos' for correction on a daily work day basis.
h. Provide electronic communication method for resolution of initial load and
daily error files.
i. Provide copy of other E911 Service Area Telcos' Customer Record (ALI) data
base file, two times per year upon request.
j. Provide and maintain Selective Routing as required for the Councils E911
system.
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EXHIBIT "B"
ACCEPTANCE LETTER OF E911 SERVICES
accepts the services as described in the E911 Service
Agreement as being fit and ready for use on this date
, 19
BY:
DATE:
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