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HomeMy WebLinkAbout07218ORDINANCE NO. 7218 AN ORDINANCE APPROPRIATING $7,124.00 FROM THE E -911 FUND FOR THE LAST QUARTER OF THE BUDGET YEAR 2004 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND QWEST CORPORATION FOR THE INSTALLATION, MAINTENANCE AND SERVICE OF QWEST EMERGENCY PREPAREDNESS NETWORK SERVICES (COMMONLY KNOWN AS REVERSE 911) BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement between Qwest Corporation ( "Company ") and the City of Pueblo, a Municipal Corporation, Agreement Number 98862 ( "the Agreement ") relating to the provision of Emergency Preparedness Network ( "EPN ") 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 appropriations being available therefor. SECTION 2_ Funds in the amount of $7,124.00 are hereby appropriated from the unexpended fund balance in the E911 Fund for payment for EPN services. SECTION 3_ All payments required under the Agreement shall be made from the E911 Fund. SECTION 4 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 October 12, 2004 BY Robert D. Schilli Councilperson Xd.# ?2/F o �0 O 0 _F �'&� T A Background Paper for Proposed ORDINANCE AGENDA ITEM f l 1 5 DATE: October 12, 2004 DEPARTMENT: Police Department James W. Billings, Jr., Chief of Police TITLE AN ORDINANCE APPROPRIATING $7,124.00 FROM THE E -911 FUND FOR THE LAST QUARTER OF THE BUDGET YEAR 2004 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND QWEST CORPORATION FOR THE INSTALLATION, MAINTENANCE AND SERVICE OF QWEST EMERGENCY PREPAREDNESS NETWORK SERVICE (Commonly known as Reverse 911). ISSUE Should the City Council approve an agreement between the City of Pueblo and Qwest Corporation and appropriate the funds from the E -911 Fund to operate EPN. (Commonly known as Reverse 911) RECOMMENDATION Approval BACKGROUND As was observed with the Ashland Chemical event, an emergency that involves a large number of citizens can occur at any time. EPN (Reverse 911) is an integrated solution that identifies and notifies a population in a user defined geographic area within minutes of an impending emergency. A thirty- second emergency message can be initiated within five (5) minutes of the system being activated. EPN transmits a user defined message designed to advise the citizen of the nature of the event, how to find further information and/or to evacuate the danger zone. Up to 1100 simultaneous calls to City of Pueblo Citizens can be made, providing information regarding any emergency. FINANCIAL EMPACT Funding in the amount of $7,124.00 to pay for service maintenance and for any emergency events will be paid for from the E -911 Surcharge, which is paid by telephone customers. Currently customers pay the rate of $.40 per month per phone line. At this time there are sufficient funds to pay for EPN for the last quarter of 2004. Agreement Number: 98862 Billing Number. TBD QWEST EMERGENCY PREPAREDNESS NETWORK SERVICE INDIVIDUAL CASE BASIS AGREEMENT This Agreement is made this 12th day of October, 2004 between the City of Pueblo, a Municipal Corporation ( "CUSTOMER ") and Qwest Corporation ( "Qwest "), for the provision of Qwest Emergency Preparedness Network Service as defined herein ("Agreement "). Throughout this Agreement, CUSTOMER and /or Qwest may individually be referred to as "Party" and collectively as "Parties ". 1. SCOPE. 1.1 EPN is an integrated solution that identifies and notifies a population in a predetermined or immediately identified geographic area within minutes of an impending emergency. EPN transmits a CUSTOMER - created and designated message generated by CUSTOMER(s) such as Public Safety Agencies or Offices of Emergency Management to said telephone numbers through high - volume automated outbound dialing and message playback. EPN combines the functionality of the EPN application, a geographically coded telephone number and address database, and outbound calling. 1.2 When an emergency situation arises, CUSTOMER initiates activation of EPN to Qwest for the area within a specified Event Boundary, either preplanned or "drawn" in real time. CUSTOMER provides a message to be transmitted to stations within the Event Boundary. EPN application interprets the polygon information describing the Event Boundaries and extracts coordinate locations within the Event Boundaries, matches location to telephone number, and prioritizes the telephone number list based on proximity to the disaster and related central office location. The telephone list is then transferred to the outbound calling system so that calling may begin. 1.3 Performance requirements and EPN service levels will be on a "Time is of the Essence" basis. Qwest will provide EPN to CUSTOMER on a continuous basis for initiating Events, technological support and providing the results of an Event in accordance with the terms and conditions provided herein. Outbound calling with CUSTOMER specified voice message shall commence in less than five (5) minutes after Event initiation, absent system and network malfunction. Message content of EPN is determined solely by CUSTOMER. 1.4 Qwest provides Service in accordance with the applicable Colorado Tariff, Price List, Price Schedule, Catalog and /or Administrative Guideline ("Tariff"), incorporated herein by this reference. In the event of a conflict between the Tariff and this Agreement, this ICB Agreement shall prevail. 1.5 Qwest will be required to provide notice to the Colorado Public Utilities Commission ("COPUC ") of this ICB Agreement and any subsequent addenda for Service to certain regulatory agencies for approval because the rates and some terms in the Agreement are being offered on an individual case basis ( "ICB "). The general terms and conditions, including rates of this Agreement are effective on the Effective Date. If Customer receives reduced pricing under the Agreement and the COPUC later invalidates the ICB Terms after they had become effective, the parties will enter into good faith negotiations to mutually resolve the failure to receive the necessary approval. If Qwest is unable to provide the rates set forth herein Customer will have the right to seek such Service from another vendor with no termination charges. When approved by the regulatory agencies, Customer may add additional quantities of Services under the same terms and conditions with no further filing required. 2. TERM. 2.1 This Agreement is effective on the latest signature date and expires sixty (60) months from the date Service is available to CUSTOMER, as evidenced by Qwest records. 2.2 If by the end of the term of this Agreement the parties have not executed a mutually acceptable new agreement, Service shall terminate. 3. DEFINITIONS. The following terms shall have the following meanings for purposes of this Agreement: OMR #98862 Page 1 Copyright ® 2004 Qwest. All Rights Reserved. V1.021904 3.1 "Access Code" shall mean a unique alphanumeric code selected by CUSTOMER used by Qwest to authenticate CUSTOMER during EPN Initiation. The Access Code shall not be accessible via Browser -Based Defined File or maintained in computers connected to the Public Switch Telephone Network ( "PSTN "). Changes in Access Code assignments and CUSTOMER ID submitted to Qwest shall be confinned by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. 3.2 "Browser -Based Defined File" shall mean a mechanically readable file in a hypertext markup language computer interface to be developed by Qwest for CUSTOMER use for EPN CUSTOMER Administration and, if elected by CUSTOMER, EPN Initiation. 3.3 "Calling and Message Delivery" is that portion of the EPN service in which Qwest provided facilities automatically dial telephone numbers on a Call List or Extracted List and, upon such calls being answered, playback to the answering persontfacility the CUSTOMER designated message. 3.4 "Call List" is a list of numbers created and maintained by CUSTOMER and delivered to Qwest in electronic medium, and in such computer format as may from time -to -time be prescribed by Qwest, to be dialed by the EPN service for message delivery in a Call List Event. CUSTOMER is responsible for obtaining any authorization necessary for inclusion of telephone numbers on Call Lists. 3.5 "Call List Event" shall mean Events in which the telephone numbers to be called are derived from CUSTOMER - provided and maintained lists of telephone numbers, as opposed to Events in which the list of telephone numbers to be called is extracted from the EPN Database by geographic location. 3.6 "Call Prioritization" shall mean, with respect to Preplanned Events, CUSTOMER designation of the order in which subsets of the geographic area within the Event Boundaries of the Preplanned Event are to be Called and Message Delivered. For example, in the context of a Preplanned Event in which the Event Boundaries are flood plain boundaries for use in transmitting flash flood evacuation warnings, CUSTOMER might designate areas at the top of the flood plain for Calling and Message Delivery prior to Calling and Message Delivery to areas at the bottom of the flood plain. 3.7 "CUSTOMER ID" shall mean the unique eight (8) character alphanumeric identifying CUSTOMER. CUSTOMER ID is used by Qwest to authenticate CUSTOMER during changes in CUSTOMER ID and Access Code submitted to Qwest. The Customer ID shall be confirmed by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. 3.8 "CUSTOMER Message" shall mean message(s) created by CUSTOMER and identified by CUSTOMER to EPN Operator for transmission via EPN. CUSTOMER may maintain up to ninety nine (99) messages, whether prerecorded or recorded immediately prior to EPN Initiation, and shall be solely responsible for the content and correct designation of the message to be transmitted with an Event. 3.9 "Dynamic Event" shall mean an Extracted List Event in which the Event Boundaries are specified by CUSTOMER during EPN Initiation through (i) specification of street address or intersection and radius to Event Boundary, or (ii) uploading of a Browser -Based Defined File with Event Boundaries applied. 3.10 "Emergency Preparedness Network Service" ("EPN" or "Service ") shall mean an integrated solution that identifies and notifies population within minutes of EPN Initiation by CUSTOMER of an impending Event. EPN includes (i) development and maintenance of a database of telephone numbers by geographic location of the station associated with each such number, (ii) maintenance of CUSTOMER - defined call lists, (iii) extraction of telephone numbers associated with stations within a CUSTOMER - designated geographic area, and (iv) high volume automated dialing of said numbers and playback of CUSTOMER - recorded message. 3.11 "EPN Initiation" shall mean CUSTOMER activates an Event. EPN Initiation shall include the following steps in launching an Event (i) direct communication by CUSTOMER with an EPN Operator to validate identity, (ii) initiate a database extraction or loading of a Call List into Qwest system for automated dialing and (iii) identifying the message number to be replayed by the EPN service. EPN Initiation shall not include those activities defined as EPN CUSTOMER Administration. 3.12 "EPN CUSTOMER Administration" shall mean CUSTOMER management or administration of its EPN, which does not involve the specific actions defined as EPN Initiation. EPN CUSTOMER Administration shall include such activities as creating and modifying Call Lists, recording messages, modifying Pre - planned Event boundaries, creating OMR #98862 Page 2 Copyright ® 2004 Qwest. All Rights Reserved. V1.021904 and loading Browser -Based Defined Files, reviewing browser -based EPN reports described in Attachment 1 hereto, and similar activities. EPN CUSTOMER Administration shall specifically include CUSTOMER maintenance of Access Codes, PIN Numbers and other security measures notwithstanding that CUSTOMER may elect to require any changes in such security measures to be confirmed by EPN Operator- initiated telephonic communication with CUSTOMER designated representative(s). 3.13 "EPN Database" The geographically coded database of telephone numbers associated with stations located at service addresses within CUSTOMER jurisdiction, including community name of service address, x, y coordinates of service address, service address, street aliases, street centerline layer, and such other data as Qwest finds or may find necessary and appropriate to permit it to create Extracted Lists from within geographic boundaries specified by CUSTOMER. 3.14 "EPN Operators" shall mean those personnel on duty at the facility designated by Qwest for provision of EPN and assigned to assist CUSTOMER with EPN Initiation. 3.15 "Event" means the use of EPN by CUSTOMER to (i) provide a message for transmission by EPN, (ii) provide a Call List or define Event Boundaries from which an Extracted List is to be derived, and (iii) in an actual Event or Test Event, authorize Calling and Message Delivery. 3.16 "Event Boundaries" shall mean the boundaries describing and completely enclosing a geographic area, from within which the Extracted List for the Event is to be derived. In the case of Preplanned Events from an Extracted List, Event Boundaries may be depicted on a Browser -Based Defined File or map, or described by street boundaries. For Dynamic Events from an Extracted List, Event Boundaries may be described by street address or intersection and radius to Event Boundary. During EPN Phase II, Event Boundaries for Dynamic Events from an Extracted List may be represented by uploading of a Browser -Based Defined File. 3.17 "Event Fee" shall mean the product of multiplying the PCF by the number of thirty (30) second increments or portion of thirty (30) second increments of connect time for each Successfully Completed Call in an Event. 3.18 "Event Launch" shall mean the initiation of Calling and Message Delivery by Qwest on behalf of and at the direction of the CUSTOMER. 3.19 "Event Management" shall mean use of a dial -up voice or fax connection to an EPN Operator or utilization of the browser -based EPN Client deployed in a secure Intranet to view and manage an Event, including Event creation, Event monitoring, and Event termination. The CUSTOMER will have visibility to all preplanned Events and Event numbers as well as the associated voice message numbers. 3.20 "Extracted List" shall mean a list of telephone numbers associated with stations within the geographic area of a Pre - planned Event or Dynamic Event which is extracted from the EPN Database by Qwest for loading into its high volume outbound calling facilities for Calling and Message Delivery. 3.21 "Extracted List Event" shall mean an Event in which the telephone numbers loaded into Qwest automated dialing facilities are from an Extracted List, as opposed to a Call List. 3.22 "Per Call Fee" ( "PCF") shall mean the charge associated with each thirty (30) seconds or portion of thirty (30) seconds of a CUSTOMER message and shall be based upon the actual answer -to- disconnect times measured by the network. For example, a CUSTOMER message and answer -to -disconnect of thirty one (31) to sixty (60) seconds in length would include two (2) PCFs. 3.23 "PIN Number" A CUSTOMER defined security code which will control access to the voice messaging system for the creation, deletion and maintenance of the CUSTOMER message(s). Changes in Access Codes and PIN Numbers submitted to Qwest by encrypted or secure Browser -Based Defined File or e-mail or otherwise, shall be confirmed by telephone call placed by EPN Operator to CUSTOMER designated contact at CUSTOMER designated telephone number prior to being entered into Qwest operational database. 3.24 " Preplanned Event" shall mean an Extracted List Event in which the Extracted List is derived from Event Boundaries developed in advance of the Event, and as opposed to boundaries being derived at the time of the Event based upon an address and intersection and radius. Preplanned Events are intended to involve more complex boundaries determined by multiple contiguous polygons, for example flood plain boundaries, for use in transmitting flash flood OMR #98862 Page 3 Copyright ® 2004 Qwest All Rights Reserved. V1.021904 evacuation warnings. An area defined by multiple polygons with contiguous polygon boundaries shall be deemed a single Event for billing purposes; notwithstanding that each polygon may be assigned a different Call Prioritization or CUSTOMER Message. 3.25 "Public Safety Agencies" shall mean those agencies which by law are responsible for the delivery of emergency services. 3.26 "Record" shall mean the information entered in the EPN Database(s) for a single Subscriber Line. 3.27 "Retry Interval" shall mean the minimum number of minutes that elapse between each attempt by Qwest to deliver a full or partial message to a telephone number, as determined by the CUSTOMER. The maximum Retry Interval shall be equal to the minimum Retry Interval plus the amount of time required to dial other numbers in the retry pool. 3.28 "Simulated Event' shall mean an Event initiated by CUSTOMER for purposes of training, testing or validation of the performance EPN, involving recording and /or designation of a CUSTOMER message, designation of a Call List or real - time extraction of telephone numbers to be dialed from the EPN Database, and Calling and Message Delivery. Timing of Simulated Events shall be coordinated between CUSTOMER and Qwest, and shall be initiated using CUSTOMER ID and Access Code designated for use only with Simulated Events. 3.29 "Subscriber Line" shall mean a telephone line in the EPN Database connected to a handset. "Subscriber Line" shall not include lines connected to payphones, lines which have been disconnected, facsimile lines, lines used exclusively for modem access, or other such services. Trunked lines homing to a single number or multiple lines otherwise connecting to a single PBX shall be treated as a single Subscriber Line for purposes of this Agreement. 3.30 "Successful Completion" or "Successfully Completed Call" shall mean the telephone number was answered and .(i) the CUSTOMER - designated message was delivered in whole, or (ii) the called station disconnects prior to the CUSTOMER-designated message being delivered in whole. A call disconnected prior to CUSTOMER - designated message being delivered in whole due to malfunction of EPN or Qwest Network shall not be deemed a "Successfully Completed Call." 3.31 "Test Event' shall mean those instances in which the CUSTOMER initiates an Event for purposes of training, testing or for validation of the performance of EPN, involving recording and /or designation of a CUSTOMER message, real -time extraction of telephone numbers to be dialed from the EPN Database, but not Calling and Message Delivery. Timing of Test Events shall be coordinated between CUSTOMER and Qwest, and shall be initiated using CUSTOMER ID and Access Codes designated for use only with Test Events. 4. QWEST RESPONSIBILITIES. 4.1 PHASE I: During Service Phase I, and continuing through Service Phase 11, Qwest EPN shall provide: • Initial data extraction and preparation of telephone numbers and addresses for specked EPN market area. • Creation and maintenance of each telephone number and address geographically coded in the EPN Database. • Development and maintenance of Event Boundaries of Preplanned Events (develop and update as required by CUSTOMER modifications to polygon files encompassing areas designated by CUSTOMER as within a Preplanned Event area, for use in creating an Extracted List upon CUSTOMER initiating a Preplanned Event based on an Extracted List). • Creation of Event Boundaries for Dynamic Events. • Maintenance of static Call Lists developed by CUSTOMER. • Network review including central office location and boundary and overall system capacity. • On -going Service Order Input updates to the EPN Database based upon market area inclusion to EPN Database. • Facilities for CUSTOMER to access 800/888 dial up number for recording CUSTOMER Messages, including capability for CUSTOMER to review and re- record CUSTOMER Message and confirm message duration. • 24x7 availability. • Real time telephone number extracts within specked Event Boundaries. • High volume outbound calling, which shall be defined as a maximum capacity of 2,000 calls per minute and a minimum of 500 calls per minute based on a 30 second message length. • High level of security to prevent unauthorized activation of EPN in CUSTOMER jurisdiction, including CUSTOMER ID, Access Code, and PIN. • Real time progress reports via fax or email. OMR #98862 Page 4 Copyright © 2004 Qwest. All Rights Reserved. V1.021904 • Coordination with CUSTOMER any Qwest promotional advertising to CUSTOMER jurisdiction regarding EPN which includes infonnation regarding CUSTOMER subscription to and use of EPN. 4.2 PHASE II: • During Service Phase II; in addition to providing the Phase I service components, Qwest EPN shall provide: • Event Management via Qwest browser -based EPN client server. • EPN Initiation via Qwest browser -based EPN client server. • Event view via Qwest browser -based EPN client server. • Real time and summary reports via Qwest browser -based EPN client. • One Customer ID and Access Code. 4.3 Unlisted Numbers. The inclusion of non - published telephone numbers in the EPN Database will be in accordance with the then current regulatory requirements and other applicable law. 5. USE OF SERVICE. 5.1 CUSTOMER Defaults. CUSTOMER shall make the following elections, which shall apply to all Events. (a) Retry Interval on no answer condition. (b) Retry Interval on busy signal. (c) Message delivery to answering devices. (d) Called party options to repeat message. 5.2 Preplanned Events. CUSTOMER shall provide Qwest with the parameters for each Preplanned Event, in advance, including: (a) Event Boundary. (b) Individual polygon parameters within the Event Boundary. (c)Assignment of a prioritization number to each polygon within an Event Boundary for a Preplanned Event. 5.3 Dynamic Events. CUSTOMER shall provide Qwest with a street address or intersection designation and radius, in feet or miles, to Event Boundary. 5,4 Call List Events. CUSTOMER shall create and designate the Call List file to be used. 5.5 All Events. In initiating Events, whether a Preplanned Event, Dynamic Event or Call List Event, CUSTOMER shall activate EPN in the following manner: (a) CUSTOMER records message and assigns CUSTOMER Message number (0 -99) or confirms pre - recorded message and CUSTOMER Message number (0 -99). (b) CUSTOMER confirms Preplanned Event number or Call List number, if applicable. (c)CUSTOMER contacts EPN Operator by telephone or fax, or accesses EPN system via Browser -Based Defined File, and: (d) Provides Access Code. (e) Provides PIN Number. (f) Identifies type of Event (Test Event, Preplanned Event, Dynamic Event or Call List). (g) Identifies Message Number. (h) Identifies Preplanned Event number, Call List number, provides street address or intersection designation and radius to Event Boundary, or uploads via Browser -Based Defined File with Event Boundaries applied. (i) Authorizes commencement of Calling and Message Delivery after EPN Operator identifies quantity of Records in Call List or Extracted List. OMR #98862 Page 5 Copyright ® 2004 Qwest. All Rights Reserved. V1.021904 6. EPN SERVICE CHARGES PRICING. 6.1 Nonrecurring charge: (a) Nonrecurring charge of ($ ) for Service installation, including development and maintenance of EPN Database for CUSTOMER jurisdiction, development and maintenance of up to three (3) Preplanned Events, up to three (3) Call Lists, and security list. This nonrecurring charge for service installation will be waived. Acceptance of the service by the CUSTOMER will follow a successful EPN Simulated Event, which meets or exceeds the service parameters set forth in Section 7 of this Agreement ( "Service Parameters "). (b) Nonrecurring charge of two hundred dollars ($200.00) for development and maintenance of each additional Preplanned Event and a nonrecurring charge of one hundred twenty -five dollars ($125.00) for each additional Call List Event. The nonrecurring additional Preplanned Event or Call List Event Fee will be invoiced on the first billing cycle following the establishment of the Preplanned Event or Call List Event by the CUSTOMER. Except as set forth in this Section 6.1b, no additional non - recurring charges shall be made to CUSTOMER for development or maintenance of any Call List or other list developed in order to respond to a Dynamic Event. 6.2 Recurring Charge: (a) Monthly recurring charge in the amount of thirty -three cents ($0.33) per month per ten (10) Subscriber Lines. Any fraction of ten (10) Subscriber Lines will be rounded up to the nearest tenth. The recurring monthly rate will be invoiced no later than the 30"' day of each month and submitted to the CUSTOMER for payment within thirty (30) business days of the date of the invoice. 6.3 Event Fee: (a) The Event Fee will be invoiced on the first monthly billing cycle following the initiation of an Event by the CUSTOMER. CUSTOMER will be assessed a per call fee of $.23 per each thirty (30) seconds of connected time on calls associated with each Event. This cost is based on the actual number of Successfully Completed Calls during the Event. (b) The Event Fee will not be applied to Test Events (in which no calling occurs). 7. PARAMETERS. 7.1 The interval between EPN Initiation and Event Launch shall not exceed five (5) minutes absent system and network malfunction. 7.2 The Outbound Calling Rate will be determined by the number of ports (possible simultaneous calls), length of CUSTOMER message, and interval between disconnect of a call on a port and dialing of the successive call on that port. 8. TAXES. Customer shall pay Qwest all applicable taxes, usual and customary surcharges and all government imposed fees and charges that relate to the Service or installation rendered hereunder. 9 TERMINATION. 9.1 Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected within such thirty (30) day period. Cause is any material breach of the terms of this Agreement. 9.2 If CUSTOMER terminates this Agreement without cause, or if Qwest terminates this Agreement for cause prior to the expiration of the term of this Agreement, CUSTOMER will remit to Qwest a one -time fee consisting of any outstanding fees and the current month EPN charge. 9.3 If Qwest terminates this Agreement without cause, or if CUSTOMER terminates this Agreement for cause prior to the expiration of the term of this Agreement, Qwest shall refund to CUSTOMER a pro rata portion of the monthly recurring charge(s) paid for the remaining portion of the term of this Agreement. 9.4 Qwest reserves the right to modify the terms of this Agreement in order to comply with regulatory or other legal requirements. 10. MAINTENANCE. 10.1 PREPLANNED EVENT BOUNDARIES AND CALL LIST MAINTENANCE. During Phase I, Qwest will provide maintenance for Event Boundaries for Preplanned Events and Call Lists. As CUSTOMER notifies Qwest of changes to their speck Event Boundaries for Preplanned Events or Call Lists, Qwest will modify the Event Boundaries for OMR #98862 Page 6 Copyright ® 2004 Qwest. All Rights Reserved. V1.021904 Preplanned Events or Call Lists and return street level maps with the overlaid boundaries to CUSTOMER for approval. Implementation will occur at the time Qwest enters the modifications. Qwest will enter modifications within five (5) days of receipt of CUSTOMER approval for Event Boundaries for Preplanned Events and within one (1) day of receipt of CUSTOMER approval for Call Lists. During Phase 11, CUSTOMER will provide Event Boundaries for Preplanned Events and Call List maintenance via the Browser -Based Defined File. Implementation of changes performed during such maintenance will occur at the time CUSTOMER enters the modifications. 10.2 MARKET AREA TELEPHONE NUMBER/ADDRESS MAINTENANCE. Qwest will insert, change or delete, and geo- code as appropriate, telephone number and address records within an EPN market area as service orders within the market area are received. 10.3 SECURITY MAINTENANCE. Qwest will use its best efforts to ensure a high degree of security will be implemented throughout the entire Service network to maintain service integrity in accordance with the terms and conditions of this Agreement. 11. LIMITATION OF LIABILITY. QWEST 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 QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT -0F - SERVICE CREDIT. THE OUT -OF- SERVICE CREDIT WILL BE THE DAILY PRORATION OF THE MONTHLY RECURRING CHARGE, WITH A MAXIMUM OF 30 DAYS. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 12. NO WARRANTIES. EXCEPT AS DETAILED ELSEWHERE IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. INDEMNIFICATION. CUSTOMER has sole responsibility for ensuring that any determination of an Event by the emergency management officer from the community falls within Federal guidelines for the use of autodialers. To the extent allowed by law, CUSTOMER shall indemnify and hold harmless Qwest, its parent, subsidiaries, affiliates, their employees and officers against any and all claims, losses, liabilities, damages, and lawsuits brought by any non -party to this Agreement and arising, in whole or in part, out of CUSTOMER's initiation of an Event via telephone to Qwest that does not fall within Federal guidelines for the use of autodialers. Indemnification shall include, but is not limited to, costs and attorney's fees. Qwest relies solely on CUSTOMER to determine what constitutes an emergency. Therefore, CUSTOMER agrees to provide the same indemnification referenced above for any non - emergency use of Service. 14. CONFIDENTIALITY. Neither Party shall, without the prior written consent of the other Party: use the name, trademarks, other proprietary identifying symbol of the other Party or its affiliates, trade secrets, intellectual property or other confidential or proprietary information, such confidential or proprietary information being marked or otherwise identified as confidential. Such consent by Qwest may be given only by Qwest's Corporate Communications Department or Chief Marketing Officer or his/her designee, as applicable. Any purported consent by any other person, including any Qwest sales or customer service representative, is void and of no effect. The parties agree that information concerning the terms and conditions (including rates) of the Agreement, the existence of the Agreement, the parties to the Agreement or Customer's assessments of Qwest's performance under the Agreement are not confidential information under this Agreement. OMR #98862 Page 7 Copyright © 2004 Qwest. All Rights Reserved. V1.021904 15. 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. 16. 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. 17. DISPUTE RESOLUTION. The parties shall attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or related to this Agreement. Either party may initiate negotiations by providing a Notice to the other party setting forth the dispute and the relief requested. If the parties are unable to resolve such dispute within a reasonable period of time, either party may commence a civil action in a court in competent jurisdiction located, at the option of the moving party, in either (i) the place of business of the other party, as indicated in the address set forth for such party on the Signature Page to this Agreement, or (ii) in Pueblo, Colorado. Each party hereby expressly waives its right to a trial by jury and consents to the jurisdiction of such courts for the purposes herein. Such court shall have no authority to award any indirect, incidental, special, punitive or consequential damages, including damages for lost profits. 18. SUBJECT TO APPROPRIATION. CUSTOMER is a Colorado municipality subject to certain limitations set forth in the Constitution and laws of the State of Colorado. Nothing in this Agreement, nor in any attachments thereto or tariffs or other material incorporated by reference, shall constitute, nor be deemed to constitute, an obligation or other indebtedness or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of CUSTOMER within the meaning of any constitutional, statutory or charter debt limitation. At the time of entering into this Agreement, it is the intent of CUSTOMER to satisfy its future obligations under this Agreement, and to budget in future years for appropriations sufficient to fulfill said obligations. Notwithstanding any other provision of this Agreement in the event the legislative body for CUSTOMER does not in any future year budget or appropriate sufficient funds to satisfy said obligations, the CUSTOMER may terminate this Agreement by giving Qwest not less than thirty (30) days prior written notice. Upon termination and to the extent of lawfully available funds, CUSTOMER shall remit all amounts due and all costs reasonably incurred by Qwest through the date of termination. 19. GENERAL PROVISIONS. 19.1 Failure or delay by either Party to exercise any right, power, or privilege hereunder, will not operate as a waiver hereto. 19.2 This is a retail end user contract. It may be assigned only with the consent of Qwest. CUSTOMER may not assign to a reseller or a telecommunications carrier under any circumstances. 19.3 This Agreement benefits CUSTOMER and Qwest. There are no third party beneficiaries. 19.4 If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 19.5 This Agreement constitutes the entire understanding between CUSTOMER and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. OMR #98862 Page 8 Copyright © 2004 Qwest. All Rights Reserved. V1.021904 20. EXECUTION. The parties hereby execute and authorize this Agreement as of the latest date shown below. Notices concerning this Agreement may be sent to Qwest CUSTOMER billing address of record or to CUSTOMER's Address for Notices specified herein, if any. CUSTOMER: City of Pueblo, a Municipal Qwest Co ra oTn Corporatio Authorized Signat Authoriz ed Signature Randy Thurston Name Typed or Printed Richard Fernandez Name Typed or Printed President of the City Council Title p-29- f Date r Address for Notices ATTEST: City dt, ' BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AAV�A IUIBLE Director of Finance °— Approved as to form: City Attorney Director, Offer Management Title Date —r— Address for Notices OMR #98862 Page 9 Copyright ® 2004 Owest. All Rights Reserved. V1.021904 ATTACHMENT Qwest Emergency Preparedness Network Service REAL TIME REPORTS (INTERVAL SUMMARY REPORTS) Qwest will provide a Summary Report Event Call record to CUSTOMER at specified time intervals during the Event as follows: Outbound calling initiated: Time and date Summary reports generated at 15 minute intervals will be delivered to CUSTOMER or if the Event does not exceed 15 minutes within 10 minutes from the conclusion of the Event. These interval Summary Reports will include: Date and time at which the event began. • Date and time at which the event ended. • Event number. • Voice message number. • Total number of extracted telephone number records involved. • Event message connection attempts made. • Total number of full notifications made to actual persons. • Total number of partial notifications made to actual persons. Total number of full notifications made to answering machines or voice mail systems. • Total number of partial notifications made to answering machines or voice mail systems. • Total number of unsuccessful notification attempts that occurred because the line called was busy. • Total number of unsuccessful notification attempts that occurred because no connection /answer occurred. Qwest will provide a Detail Report Event Call record to CUSTOMER at specified time intervals during the Event as follows: Outbound calling initiated: Time and date Detail reports generated in an electronic format no later than 6:00 p.m. Mountain Time (MT) the next business day following an Event. Detail Reports include the following information for each telephone number that a connection attempt was made during the EPN Event: • Telephone Number. • Event number. • Voice message number. • Date and time at which the final notification connection attempt was made. • Length of the final notification connection attempt. • Total number of connection attempts that were made. • Indication of a full notification being made to an actual person. • Indication of a partial notification being made to an actual person. • Indication of a full notification being made to an answering machine or voice mail system. • Indication of a partial notification being made to an answering machine or voice mail system. Indication of the notification call not being delivered because the line called was busy during all of the connection attempts. Indication of the notification call not being delivered because no connection /answer occurred. OMR #98862 Page 10 Copyright ® 2004 Qwest. All Rights Reserved. V1.021904 ATTACHMENT 2 Qwest Emergency Preparedness Network Service CUSTOMER GIS INFORMATION 1. INTRODUCTION. The following details the GIS information needed in order for CUSTOMER provided GIS data to be utilized and incorporated into Service. All parties will agree to the frequency and methodology and file transfer specifics of this data. In those instances where a customer supplies their GIS information and on -going updates, this data will be utilized to aid in the verifying and updating of the required street network database to support EPN (GDT Dynamap).. 2. DATA FORMAT. GIS data should be in an acceptable industry standard GIS format, which can be read by Qwest systems. Acceptable format include Arctinfor, ArcView, Mapinfo, GGM Export, TIGER, DIME, ADS, AMS, DFAD, DXF (AutoCAD), ETAK, GIRAS, IGDS, IGES, MIADS, MOSS, SDTS, SLF, and VPF formats. 3. STREET CENTERLINE FILE. The street centerline file should include street name and address information on individual segments. The street address information should be in the form of low and high ranges for both the left and right side of each segment. 4. INDIVIDUAL PARCELS. An alternative to a street centerline is for individual address to have locations in GID format. This might exist for a parcel -based GIS system. The file delivered to Qwest should have the parcel centroid or equivalent X!Y for the location of the address. Individual addresses require a single house number, street name, and 9-1 -1 community code. While individual address points can be used, it is still preferred that a street centerline file be provided if possible. 5. 9 -1 -1 COMMUNITY LAYER. A polygon layer which depicts the 9-1 -1 Community boundaries, as depicted in the MSAG. Each street segment or individual parcel should have the corresponding 9-1 -1 community attribute assigned. For example, when one points to a street segment on Lookout Road, it would have the value of "BOULDER" for both the left and right side of the segment. 6. MSAG COMPATIBILITY. Besides having the same fields as the MSAG, the GIS file used should be current with the current MSAG. A good indicator that all of the above requirements are being met is if the GIS file is being presently used by the county to update their own MSAG. 7. RIGHTS TO USE. Purpose is limited to the geo- oding of all the telephone numbers, published and non- published, within the CUSTOMER's municipal or other geographic related to the delivery of Service. OMR #98862 Page 11 Copyright Q 2004 Qwest. All Rights Reserved. V1.021904