MEMO. TUlSA COUNTY PURCHASING DEPARTMENT DATE: JULY 1,2014 FROM: LINDA R. DORRELL ~ - \\ -Q.UO~ PURCHASING DIRECTOR ~ BOARD OF COUNTY COMMISSIONERS

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1 TUlSA COUNTY PURCHASING DEPARTMENT MEMO DATE: JULY 1,2014 FROM: LINDA R. DORRELL ~ - \\ -Q.UO~ PURCHASING DIRECTOR ~ TO: SUBJECT: BOARD OF COUNTY COMMISSIONERS AGREEMENT-COX OKLAHOMA TELECOM, LLC. SUBMITTED FOR YOUR APPROVAL AND EXECUTION IS THE A TT ACHED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COX OKLAHOMA TELECOM LLC. TO PROVIDE ENHANCED EMERGENCY NUMBER SERVICE (E9-1-1) ON BEHALF OF TULSA COUNTY IT ITS PROVISION OF E9-1-1 SERVICE AS WELL AS PROVDING TELECOMMUNICATION SERVICES. RESPECTFULLY SUBMITTED FOR YOUR APPROVAL AND EXECUTION. LRD/sks ORIGINAL: COPIES: PAT KEY, COUNTY CLERK, FOR THE JULY 7, 2014 AGENDA. COMMISSIONER JOHN M. SMALIGO COMMISSIONER KAREN KErTH COMMISSIONER RON PETERS MARK LIOTTA, CHIEF DEPUTY MICHAEL WILLIS, CHIEF DEPUTY VICKI ADAMS, CHIEF DEPUTY Form 4363 (Rev. 4-98)

2 AGREEMENT FOR ENHANCED EMERGENCY NUMBER (E-911) SERVICE THIS Agreement for Enhanced Emergency Number (E-911) Service (" Agreement") is made and entered into as ofthis day 2014, by and between Cox Oklahoma Telcom, L.L.C., d/b/a Cox Communications ("COMPANY"), a Delaware Corporation, having its principal place of business as 6301 Waterford Blvd., Ste. 200, Oklahoma City, OK and the Board of County Commissioners of Tulsa County, Oklahoma, having its principal place ofbusiness at 500 S. Denver, Tulsa, OK ("County"). WHEREAS, COMPANY is a Telecommunications Service Provider as defined by Oklahoma Administrative Code 165:55, providing telecommunications services in the State ofoklahoma, and the County oftulsa, Oklahoma. WHEREAS, pursuant to its obligation to provide telecommunications services to its subscribers within its certified service areas, COMPANY has built a telecommunications system in the County oftulsa. WHEREAS, the County desires to have COMPANY, in conjunction with AT&T, provide Enhanced Emergency Number (E-911) Service, which shall include, but not be limited to, the development ofa Master Street Address Guide (MSAG), selective routing, Automatic Location Identification (ALI) and the Automatic Number Identification (ANI) services. WHEREAS, COMPANY is willing to furnish, install, and maintain said features, subject to the terms and conditions set forth, as well as those contained in its approved tariff. NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. This Agreement is entered into between COMPANY and the County for provision of facilities by COMPANY to the County for the County's use in its efforts to receive reports of emergencies from the public in the County's designated service areas. 2. As authorized by the Nine-One-One Emergency Number Act, 63 O.S. Supp. 196, Sections 2814 and 2815 and resolution ofthe Board of County Comnlissioners of Tulsa County, Oklahoma, COMPANY will collect from service users, and remit to the County, the E-911 service fee assessed on local exchange access lines. For this service, COMPANY will retain two percent (2%) ofthe total amount collected. 3. Service is provided solely for the use and benefit of the County and the provision ofsuch service shall not be interpreted or construed as creating

3 any obligation of COMPANY toward, or any right ofaction on behalfof any third part or other legal entity. 4. The County will be responsible for implementation and ongoing administration ofall E-911 data management associated with its E-911 Service. The County's responsibilities include: (a) (b) Identifying County's boundaries for police, fire and emergency medical services and providing this information to AT&T and COMPANY on the forms provided by AT&T. Coordinating the accuracy ofmaster Street Address Guide (MSAG) information used to update the Automatic Location Identifications (ALI) data file and advising COMPANY ofany changes in street names, establishment ofnew streets, changes in address numbers used on existing streets, closing and abandonment ofstreets, changes in jurisdictional boundaries, annexation or any other matter that will affect the routing ofany E-911 call to the County's PSAP. Changes, deletions, and additions which the County desires to have made in the MSAG files shall be submitted to COMPANY on an "as occurred" basis. COMPANY shall process MSAG file changes to the AT&T Data Base Management System as documented in the Interconnect Agreement between the two companies. MSAG file changes are to be submitted by the County to COMPANY at the following address: Cox Oklahoma Telcom, L.L.C., d/b/a Cox Comnlunications Attn: Shelly Lindsay 2312 N.W. loth Street Oklahoma City, OK Fax: (405) Or Cox Oklahoma Telcom, L.L.C., d/b/a Cox Communications Attn: Donnice Robinson 2312 N.W. loth Street Oklahoma City, OK Fax: (405) MSAG updates will be processed by COMPANY as quickly as reasonably possible after receipt ofinformation from the County_ The ALI data file

4 will be updated as quickly as reasonably possible following completion of the order for service. 6. Ifthe County defaults in the payment ofany amounts due hereunder or violates any other provision in the Agreement, and if such default or violation continues for thirty (30) days after written notice thereof from COMPANY, COMPANY may terminate this Agreement forthwith by written notice to the County. 7. The parties hereto further agree that, in the absence of any delay occasioned by events or factors, which are beyond the control of COMPANY, the in-service date for the services covered by this Agreement shall be July 1, Where service is provided under this contract for use in connection with the County-provided communications equipment, the operating characteristics ofsuch equipment shall be such as not to interfere with any ofthe features offer by CO MP ANY. The County agrees to use public safety communications equipment that is standard in the industry and adequate to handle its E-911 calls. 9. Additions, modifications, or removals of features will be made by COMP ANY at the County's request. Each such addition, modification, or removal will be subject to the charges and rates in effect at the time the work is performed. 10. COMPANY's Credit Records and Billings (CRB) records are confidential and proprietary. The County will maintain the confidentiality ofthese records and will establish controls to ensure this information is only used in connection with County's provision ofe-911 Service. 11. COMPANY will provide maintenance at no additional cost for the County's E-911 Service on a two (2) hour response time, twenty-four (24) hours-a-day. The County will be provided the names of COMPANY's personnel to notify when emergency repair is required for the County's E-911 Service. 12. While it is the intent ofthe County to renew this Agreement, the parties agree and understand that the County, being a political subdivision of the State of Oklahonla, cannot be bound in this Agreement past its current fiscal year of June 30, Therefore, the parties agree that the contract term shall be from the date ofexecution through the end of the County's current fiscal year, June 30,2015; and that parties upon mutual agreement may renew this Agreement at the end of the contract term for successive one-year periods. In no event shall the County be bound to any such renewal until and unless the Board of County Commissioners approves

5 this renewal. In no event shall the County be obligated financially or otherwise or be subject to any penalty or damage for failure of the County to renew this Agreement. 13. COMPANY shall not be liable to the County for any damages arising out of errors, interruptions, defects, failures or malfunctions ofe-911 Services, including, but not limited to, damages arising from errors or defects of associated equipment and data processing systems, except that the County shall be entitled to an allowance for interruptions. 14. Neither party shall be held responsible for any delay or failure in performance under this Agreement to the extent that such delay or failure is caused by circumstances beyond the control of such party, including without limitation, fire, flood, explosion, war, acts or omissions of carriers and other similar conditions ("Force Majeure Condition"). If a Force Majeure Condition occurs, the party whose performance is affected shall notify the other party and shall resume performance as soon as reasonably possible. 15. In the course of implementing and administering the E-911 Services, COMP ANY may provide the County certain confidential numbers and proprietary information, including nonpublished telephone numbers. The County agrees to keep such information confidential and to refrain from disseminating such information except to employees and agents ofthe County who, during the course oftheir employment need to have access to such data for the purpose ofimplementing and administering E-911 Services. When such information is no longer needed for that purpose, the County will return such information to COMPANY at COMPANY's reasonable request. 16. The failure ofeither party to enforce any ofits provisions ofthis Agreement, or a waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be an remain in full force and effect. 17. The County and COMPANY agree to comply with all applicable Federal, State and local laws, regulations, and codes in the performance of this Agreement. 18. Costs incurred by COMPANY for services requested by the County over and above those specified in this Agreement shall be charged to the County, as incurred, on a time and material basis. 19. All notices or other communications changes hereunder (other than MAG file changes) shall be deemed to have been duly given when made in

6 writing and delivered in person or deposited in the United States mail, postage paid and addressed as follows: To the County: Chief Tim Albin Tulsa, County Sheriffs Office Tulsa, Oklahoma, To COMPANY Cox Oklahoma Telcom, L.L.C., d/b/a Cox Communications Attn: Shelly Lindsay or Donnice Robinson 2312 N.W. 10 th Street Oklahoma City, OK The address to which notices may be given or made by either party may be changed by written notice given by such party to the other pursuant to this paragraph. 21. The terms ofthis Agreement, and each ofthem, cannot by waived, altered or amended unless the same be consented to in writing by the parties hereto. 22. This Agreement contains the entire Agreement ofthe parties with respect to the service described herein, and no other Agreement, statement, or promises made by any party, or to any employee, officer, or agent ofeither party, which is not contained in the Agreement shall be binding or valid. 23. COMP ANY acknowledges that this Agreement is contingent upon the availability of funds provided by the assessment ofemergency telephone fees imposed by The Board of County Commissioners in accordance with the Nine-One-One Emergency Number Act, 63 O.S., 2811 et seq., as amended. COMPANY further acknowledges that this Agreement is subject to the appropriation of sufficient funds in each fiscal year for which E-911 Services are provided and, in the event ofthe failure of the County to appropriate funds as herein provided, the Agreement shall be null and void without further action by the County. (Oklahoma Constitution Article 10 Section 26). 24. COMP ANY and the County shall each have the right to cancel this Agreement as follows:

7 (a) (b) COMPANY shall have the right to cancel in the event of the violation ofthe County of any ofthe tenns and conditions hereof upon ninety (90) days written notice ofcancellation to the County and failure by the County to cure such violation within such period. The County shall have the right to cancel in the event ofthe violation by COMPANY ofany tenns and conditions hereof upon ninety (90) days written notice of cancellation to COMPANY and failure by COMPANY to cure such violation within such period. IN WITNESS WHEREOF, said parties have caused this Agreement to be executed in their behalf as of the date indicated below. Board of County Commissioner of Tulsa County, Oklahoma. Chainnan Date Attest: County Clerk Cox Oklahoma Telcom, L.L.C. Percy Kirk Senior Vice President & General Manager Date

8 ATTACHMENT A County oftulsa - E-911 System Pursuant to the Service Agreement between Cox Oklahoma Telcom, L.L.C., d/b/a Cox Communications ("COMPANY") and the Board of County Commissioners oftulsa County, Oklahoma, ("County"), the following charges shall be billed by COMPANY and paid by the County. These rate levels shall be adjusted as prescribed in paragraph nine of the Service Agreement. TANDEM TRUNKING Non-Recurring Monthly Recurring AT&T Tandem Connection Charge The non-recurringlrecurringfees are based on 2 trunk-unit minimum. In the event overflow tracking dictates additional trunks, the non-recurringfees will incrementally increase. DATA BASE DEVELOPMENT Non-Recurring Monthly Recurring 1000 Access lines x $ Access lines x $0.00/ For purposes ofbilling, a minimum number of1000 lines shall be referenced throughout the initial or any subsequent term ofthe Agreement. COMPANY AGREES TO FORMALLY NOTIFY THE County's representative when the first customer(s) lines are activated. COMPANY will collect the service fee from existing customers and remit the net proceeds to the County each month. COMPANY further agrees to withhold initial billing to the County until total net revenue collected equals the sum ofthe non-recurring and one month's charges. These charges are based upon charges incurred by COMPANY with AT&T as provided in the Universal Emergency Number Service Agreement between the two parties. A change in the rates or the application of the rates in that agreement could result in a modification to the charges stated above. COMPANY shall collect a fee of five percent (5%) of customers' line rate, but in no event shall this fee exceed the maximum amount permitted by the Act or other applicable law. Such line rates are prescribed in COMPANY'S tariff initially approved by the OCC on April 14, 1997, and these rates may be changed periodically as approved by the OCe. Additionally, these rates may vary depending upon the term contracted with each customer. As ofthe Service Establishment Date, line rates for service on a month-tomonth basis are as follows: Residential Local Line Business Local Line $21.00 $39.85 Requests for additional equipment or services not currently provided for in this Service Agreement or changes to rates and charges provided herein shall be approved periodically by the Corporation Commission of Oklahoma or as otherwise provided by law.