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Home My WebLink About08917RESOLUTION NO. 8917 A RESOLUTION APPROVING AN AGREEMENT BETWEEN US WEST COMMUNICATIONS, INC. AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO ENHANCED 911 SERVICE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement between US West Communications, Inc. ( "Company ") and the City of Pueblo, a Municipal Corporation, Agreement Number CDS- 991203 -001 S ( "the Agreement ") relating to the provision of Enhanced 911 services for the City, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, subject to an unexpended balance of appropriations therefor existing in fiscal years 2000 and thereafter. SECTION 2 Funds necessary to meet the City's financial obligations under the Agreement during 2000 shall be payable from the unexpended balance of appropriations budgeted in the City's 2000 Budget for the Police Department, from Account No. 101 -2040 - 421.53 -20 SECTION 3 The President of the City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED: February 14, 2000 By Robert Schilling Councilperson ATTEST: City erk APPR D: Pre ident of the City Council F' CITY.POLICE`MISCCE911'RSOLI'F2.WPD -?- COUNCIL AGENDA BACKGROUND INFORMATION Title: A Resolution Approving an Agreement Between US West Communications, Inc. and the City of Pueblo, a Municipal Corporation, Relating to Enhanced 911 Service Department: Police Date: January 24 2000 RECOMMENDATION The Police Department recommends approval of this resolution ll. BACKGROUND This agreement allows for the use and monthly fee for the enhanced 911 system that is now in use at the Police Department. The previous 911 system was not Y2K compliant. Ill. FINANCIAL I M PACT The funds to pay for the monthly fee for the enhanced 911 system will come from the Police Department budget, account number 101- 2040 - 421.53 -20. Agreement Number: CCS -99 , 203 -0018 Billing Number: 719 - 543 -9111 U S WEST ENHANCED 9 -1 -1 SERVICE AGREEMENT This is an agreement between City of Pueblo, a Municipal Corporation ("CUSTOMER ") and U S WEST Communications, Inc. ( "USWC'), for the provision of U S WEST Enhanced 911 (E911) Service ( "Service ") as defined herein ( "Agreement"). Throughout this Agreement, USWC and CUSTOMER may individually be referred to as "Party" and collectively as "Parties ". All attachments are incorporated herein by this reference. 1. SCOPE. 1.1. USWC shall provide and CUSTOMER shall pay for Service. Service to be provided under this Agreement is a telecommunications exchange service which routes 9 -1 -1 dialed calls to a Customer designated Public Safety Answering Point (PSAP). The number "9 -1 -1" is intended as a universal emergency telephone number which provides the public direct access to a PSAP. A PSAP is an agency authorized to receive and respond to emergency calls. One or more PSAPs may be required for any given municipality or metropolitan area. PSAPs are designated by the CUSTOMER and specified in Attachment(s) to this Agreement Service includes USWC network facilities necessary for the answering, transferring, and forced disconnect of emergency 9 -1 -1 calls originated by persons within the servicing area(s). USWC does not answer and forward 9 -1 -1 calls, but furnishes the use of its facilities to enable the CUSTOMER'S E9 -1 -1 and /or 9-1 -1 personnel to respond to such calls. 1.2. USWC shall not provide Service to less than an entire central office service area. Service does not include facilities provided by independent telephone companies and /or Competitive Local Exchange Cartier ( "CLEC "). 1.3. USWC shall provide Service up to the Standard Network Interface ( "SNI l for each of the service locations at CUSTOMER's location(s). The SNI is that location where USWC's protected network facilities end and CUSTOMER's inside wire or network begins. USWC provides Service in accordance with the applicable Tariff, Price List, and/or Catalog ( "Tariff") and shall be consistent with applicable state statutes, which govem Service in the state of Colorado, and are incorporated herein by this reference. Any conflict between this Agreement and the Tariff will be resolved in favor of the Tariff. 1.4. CUSTOMER shall use the E911 database provided by USWC only for answering and responding to E911 calls. CUSTOMER shall be responsible for ensuring that each PSAP shall also use the E911 database as prescribed herein. Any other use of the database will result in immediate termination of Service. 1.5. USWC ACCEPTS NO RESPONSIBILITY FOR OBTAINING OR FOR THE ACCURACY OF SUBSCRIBER, STATION, OR END -USER RECORD INFORMATION RECEIVED FROM INDEPENDENT TELEPHONE COMPANIES, CLECS, OR PRIVATE TELECOMMUNICATIONS SYSTEMS, SUCH AS PBX OR SHARED TENANT SERVICES. 2. TERM. This Agreement will commence on the latest signature date, provided mandatory filing requirements are met. The term of this Agreement will expire sixty (60) months from the latest signature date. 3. CHARGES AND BILLING. 3.1. CUSTOMER shall be billed the Tariff rates in effect for all Service monthly rate elements. These charges do not include applicable taxes and/or surcharges imposed by law. USWC reserves the right to revise rates if a change in the statutes or administrative rules affects the cost of providing Service. CUSTOMER shall pay each bill in full by the payment due date on each bill. Where permitted by law, December 3, 19990Idd/pueb#o.doc Page 1 late payment charges shall be assessed according to Tariff, or law. The charges for Services under this Agreement, including any and all discounts to which CUSTOMER may be entitled, will be offered and charged to CUSTOMER independently from and regardless of the CUSTOMER's purchase of any customer premises equipment or enhanced services from USWC. 12. Provision of Service under this Agreement may involve independent telephone company territories. Charges for Service only include Service provided within USWC territory up to the meet point of the independent telephone company and/or CLEC. Other changes which involve wont performed by the independent telephone company and/or CLEC will be in addition to USWC's charges and will be negotiated separately between CUSTOMER and the independent telephone company and /or CLEC. 3.3. CUSTOMER may add Service under this Agreement at the Tariff rates and charges in effect at the time of the addition(s). 4. TERMINATION. Either party may terminate this Agreement by providing the other party thirty (30) days written notice of termination. 5. PERSONAL INJURY; PROPERTY DAMAGE. Each party will be responsible for any actual, physical damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDED, HOWEVER, THAT NEITHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. 6. LIMITATION OF LIABILITY. USWC WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN THIS AGREEMENT, ANY USWC LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT -OF- SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. IN ADDITION TO THE LIMITATIONS STATED IN SECTIONS 1, 5, AND 7 HEREIN, USWC SHALL NOT BE LIABLE FOR ANY DAMAGE THAT RESULTS FROM INFORMATION PROVIDED TO CUSTOMER BY ANY OTHER DATA PROVIDER(S). 7. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF USWC INTEGRATES ANY RECORDS PROVIDED TO USWC BY ANY OTHER DATA PROVIDER, FOR INCLUSION IN THE CUSTOMER'S E911 DATA, USWC MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO LIABILITY REGARDING THE ACCURACY OF THE DATA PROVIDED BY ANY OTHER DATA PROVIDER. 8. UNCONTROLLABLE CONDITIONS. Neither party will be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 9. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Service is provided. December 3, 19%Add/puebfo.doc Page 2 10. DISPUTE RESOLUTION. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims arising under this Agreement shall be decided in a court of competent jurisdiction. 11. GENERAL PROVISIONS. 11.1. Failure or delay by either party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. 11.2. This is a retail end user contract. It may be assigned only with the consent of USWC. CUSTOMER may not assign to a reseller or a telecommunications carrier under any circumstances. 11.3. This Agreement benefits CUSTOMER and USWC. There are no third party beneficiaries. 11.4. This Agreement constitutes the entire understanding between CUSTOMER and USWC with respect to Service provided herein and supersedes any prior agreements or understandings. 12. EXECUTION. The Parties hereby execute and authorize this Agreement as of the latest date shown below. Notices concerning this Agreement may be sent to USWC's CUSTOMER billing address of recur r to CUSTOMS s Address for Notices specified herein, t €ny. Ci of ueblo, a ici a Corporation U S W Com unica Zns J A thorized Signature Auth 'z i atu Corinne Koehler uY Name Typed or Printed Name Tjor PrPS i dPnt of City Council Title Title Title 2 - 14 - 2000 Date Date Address for Notices: Address for Notices: Captain Lloyd Smart 308 E. Pikes Peak Ave., Room 138 130 Central Main Colorado Springs, CO 80903 Pueblo, CO 81002 December 3, 1999Addlpueblo.doc Page 3 ATTACHMENT 1 PSAP INFORMATION: SERVICE LOCATION: 130 Central Main St reet BILLING NUMBER: 719- 543 -9111 The central offices and CUSTOMER PSAP locations included in this Attachment are as follows: Central Offices USWC CENTRAL OFFICE INDEPENDENT TELEPHONE NXC COMPANY AND /OR CLEC CENTRAL OFFICES RED Pueblo Main Pueblo Sunset Central Office Addresses: Tandem Pueblo NIA No Ind. PSAPs Pueblo Police Dept 130 Central Main Pueblo, CO 81002 N/A December 3, 1999AW/puebio.doc Page 4 ATTACHMENT 2 CHARGES FOR SERVICE: MONTHLY RATE FOR WIRELINE CUSTOMERS ONLY $5,620.54