E911 INFORMATION MORGAN COUNTY COMMISSION

E911 INFORMATION MORGAN COUNTY COMMISSION

Morgan County E-911 Ordinance Adopted By 12/18/98 Morgan County Commission Page 1

AN ORDINANCE OF MORGAN COUNTY PROVIDING FOR THE ESTABLISHMENT OF AN ENHANCED EMERGENCY TELEPHONE SYSTEM, AND FOR THE IMPOSITION OF A FEE FOR THE CAPITAL, INSTALLATION, AND MAINTENANCE COSTS OF SUCH SYSTEM Whereas, Section three-cc, Article one, Chapter seven [ Virginia Code grants the authority of county commissions to emergency telephone system, and impose a fee for the c maintenance costs thereof; Whereas, Article six, Chapter twenty-four [ 24-6-1 et a1 ] ol$&eg g!pi!$ I Code requires the preparation of a proposal, the holding of a public rn9@~114~4&$he timely placement of an advertisement concerning such proposal and meeting before a final plan for the implementation of such an enhanced emergency telephone system may be adopted; Now therefore be it ordained by the County Commission of Morgan County, West Virginia, pursuant to and in accordance with Section three-cc, Article one, Chapter seven [ 7-1-3-cc ], and Article six, Chapter twenty-four [ 24-6-1 et a1 3 of the West Virginia code, that an emergency telephone system be established as provided for in the final plan attached hereto, that such final plan be adopted, and that the fee for capital, installation, and maintenance of such system be imposed in accordance with the provision of such final plan. 1 2/ 1 8/98 Page 2

FINAL PLAN FOR THE ENHANCED EMERGENCY TELEPHONE SYSTEM OF MORGAN COUNTY, WEST VIRGINIA SECTION 1 - DEFINITIONS As used in this final plan, unless the context clearly requires a different meaning: County Answering Point means a facility to which enhanced emergency telephone system calls for a county are initially routed for response, and where I county emergency dispatching personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, or transferring the call to the appropriate provider. County Commission means the County Commission of Morgan County, West Virginia. County means Morgan County, West Virginia. Emergency Services Provider means any emergency service organization, or public safety unit. Enhanced Emergency Telephone System means a telephone system which automatically connects the person dialing the primary emergency number to the county answering point, and in which the telephone network system automatically provides to personnel receiving the call, immediately upon answering the call, information on the location, and the telephone number from which the call is being made, and upon direction from personnel receiving the call, routes such call to emergency service providers that serve the location from which the call is made. Local Exchange Service Line means the same as defined in the contract attached to this final plan as Appendix A. Telephone Company means a public utility, which is engaged in the provision of telephone service. SECTION 2 - TERRITORY INCLUDED IN SYSTEM (a) All territory in the county, including every municipal corporation in the county, which is served by telephone company central office equipment that can technologically provide or support an enhanced emergency telephone system to be established, shall be included in the system. 12/ 1 8/98 Page 3

(b) The municipal corporations included in the system shall include, but shall not be limited to the following: All existing municipalities; All future municipalities. SECTION 3 - COUNTY ANSWERING POINT (a) The county answering point shall be operated constantly. (b) There shall be one county answering point. The location of such answering point is as follows: Morgan County Office of Emergency Communications 38 Dispatch Lane Berkeley Springs, WV 2541 1 (Located at the Morgan County War Memorial Hospital grounds) (c) This answering point will receive calls from, and serve, all areas of Morgan county. (d) The answering point shall respond to calls as follows: By directly dispatching an emergency provider, relaying the message to the appropriate provider, or transferring the call to the appropriate provider. (e) The county answering point shall be connected to the telephone network as follows: By dedicated automatic identification trunks. SECTION 4 - EMERGENCY SERVICE PROVIDERS; HANDLING OF MISDIRECTED CALLS (a) Every emergency service provider that provides emergency service within the territory of the county shall participate in the enhanced emergency telephone system. (b) The emergency providers referred to in Subsection (a) include, but shall not be limited to, the following: Berkeley Springs Volunteer Fire Company; Great Cacapon Volunteer Fire and Rescue Company; South Morgan County Volunteer Fire Department; 121 1 8/98 Page 4

Paw Paw Volunteer Fire and Rescue Company; Morgan County Volunteer Rescue Service; Morgan County Sheriffs Office; Morgan County Animal Wardens; Morgan County Office of Emergency Services Each emergency service provider will respond to a misdirected emergency telephone call in the following manner: When a misdirected telephone call is received, the provider will take alhecessary information, and relay to the proper agency. When non-emergency calls are misdirected, the caller will be advised of the proper agency to contact, and the telephone number to call. Each emergency service provider participating in the enhanced emergency telephone system shall maintain a publicly accessible 7-digit telephone number, which shall be appropriately listed in the appropriate telephone directories, in addition to any telephone numbers provided in the system. SECTION 5 - PROJECTION OF COSTS SEE BUDGET ATTACHMENT SECTION 6 - IMPOSITION OF FEE; ADOPTION OF BILLING CONTRACT; ESTABLISHMENT OF SEPARATE E-911 FUND; PAYMENT OF COSTS NOT RECOVERED THROUGH FEE (a) Pursuant to Section three-cc, Article one, Chapter seven [ 7-1-3-cc ] of the West Virginia Code, the County Commission of Morgan County hereby imposes a fee of $2.50 per month per local exchange service line to finance the projected costs of the capital improvement, maintenance, and operational costs of the enhanced emergency telephone system. Such fee shall be used to offset initial startup, recurring monthly, maintenance, and dispatching costs associated with enhanced emergency dispatching only. Such fee shall not be used to offset the costs associated with establishing, equipping, hishing, operating, or maintaining of the county answering point not directly relating to enhanced emergency dispatching. Such fee shall become effective beginning on January 1, 1999, and remain effective until changed by official ordinance amendment procedures. (b) The County Commission of Morgan County hereby adopts and ratifies the contract attached hereto as Appendix A for the billing of the enhanced emergency telephone system fee by the Bell Atlantic Telephone Company of West Virginia. (c) The County Commission of Morgan County hereby adopts and ratifies the contract attached hereto as Appendix B for the billing of the enhanced emergency 12/ I 8/98 Page 5

telephone system fee by the Citizens Communications Company of West Virginia. (d) All fees remitted under the contract referred to in Subsections (b) and (c) shall be deposited in a separate E-91 1 Fund under the control of the Morgan County Treasurer. (e) The costs associated with (building) establishing, equipping, furnishing, operating, or maintaining the county answering point will be paid for by monies other than those deposited in the E-91 1 Fund, for all items not directly related to enhanced 9 1 1 emergency dispatching operations. (f) The initial cost associated with establishing, equipping, finishing, and initial installation of equipment, and cost shown in Section 5, and Attachment, will be paid by E-91 1 Funds that are collected for no more than 24 months prior to going online with the system. SECTION 7 - TELEPHONE COMPANY (a) The terms and conditions of the telecommunications services and facilities provided by the telephony company shall be governed by the applicable tariffs on file with, and approved by, the Public Service Commission of West Virginia; the rules, regulations, and orders of the Public Service Commission of West Virginia; and the laws of the State of West Virginia. (b) The telephone company providing the services and facilities identified in Subsection (a) that will participate in the system are as follows: Bell Atlantic Telephone Company of West Virginia Citizens Communications Company of West Virginia SECTION 8 - TARIFFS, RULES AND REGULATIONS, AND LAWS This final plan shall be supplemented and superceded by the applicable tariffs on file with, and approved by, the Public Service Commission of West Virginia; the rules, regulations, and orders of the Public Service Commission of West Virginia, and the laws of the State of West Virginia. Such tariffs, rules, regulations, orders, and laws shall be deemed incorporated in this final plan as if fully set out herein. 12/18/98 Page 6

SECTION 9 - COUNTY FUNDS Under terms and conditions set forth, The Morgan County Commission has the responsibility for the funding for this plan, that is not covered by the E- 91 l fees, from the general funds of the county or other sources not associated with E-91 1 fees. SECTION 10 - ORDINANCE AMENDMENTS The Morgan County Commission, as provided by the West Virginia Code, may amend this ordinance. All amendments will be implemented following the same enactment procedures as the original establishment of an enhanced 91 1 system ordinance, unless otherwise directed by West Virginia Code. SECTION 11 - FILING OF PLAN WITH THE PUBLIC SERVICE COMMISSION Upon adoption of this plan, the County Commission shall send a copy of such plan to the Public Service Commission of West Virginia. MORGAN COUNTY COMMISSION President Commissioner Commissioner STATE OF WEST VIRGINIA COUNTY OF MORGAN, TO-WIT: I,, a Notary Public in and for said County, do ctrti& that themorgan County C&ission signed the writing hereto annexed, having this day in my said County, before me, acknowledged the said writing to be the act and deed of said commission. Given under my hand this My Commission Expires: 12/ 1 8/98 I Ralph N. Shambaugh Morgan County Commission 202 Fairfax St, Suite 100 I Page 7

APPENDIX A BILLING CONTRACT BETWEEN MORGAN COUNTY COMMISSION AND BELL ATLANTIC TELEPHONE COMPANY OF WEST VIRGINIA 12/ 1 8/98 Page 8

b ' c (5) each number of Centrex lines equivalent to a PBX trunk. For each fraction of a PBX trunk equivalent, a proportionate fraction of the fee shall be billed. I b. Bell Atlantic shall remit to the Commission by the last day of each month all fees collected by it during the preceding month, less the consideration set out in Paragraph 3. In the event the amount remitted is greater or less than the amount due under this contract, any and all liability under this contract shall be discharged by payment of the remaining amount due or by return of the amount overpaid, whichever the case may be. In either such case, no interest shall be charged. C. In the event a customer of Bell Atlantic contends either that such fee is not owed by such customer or that such customer is owed a refund of such fee, Bell Atlantic shall refer the question to the Commission and Bell Atlantic shall thereafter bill or refrain from billing such fee from such customer as instructed in writing to do by such Commission. Such writing shall be mailed within ten (10) days of the date the question is referred, unless otherwise agreed by the parties in writing. 3. In consideration for Bell Atlantic's billing agent services, it shall retain two percent (2%) of the fees collected before remitting the remainder to the Commission. For purposes of this contract, "fees collected" shall mean the fees billed by Bell Atlantic less the fees uncollectible, which shall be calculated at Bell Atlantic's current rate of uncollectible revenues for intrastate service.

4. The Commission shall indemnify and hold Bell Atlantic harmless from and against any claims or suits arising out of, in connection with, or related to the Commission's authority to impose an enhanced emergency telephone system fee or the erroneous collection or failure to bill such fee as a result of a good faith mistake on the part of Bell Atlantic. It is expressly understood that the foregoing indemnification shall include the responsibility to investigate and defend against such claims, including payment of attorney's fees. 5. The Commission shall notify Bell Atlantic in writing at least ninety (90) days prior to the effective date of any change in the amount of the enhanced emergency telephone system fee. 6. The term of this contract shall be one year. Such contract shall thereafler renew automatically for additional one year terms, subject to termination under paragraph 7. 7. Either party may, at any time, terminate this contract by giving the other party sixty (60) days written notice of such termination. 8. All notices under this contract shall be mailed by certified mail retbm receipt requested. Such notices shall be mailed to the other party at the following address: Morgan County Commission P. 0. Box 28 Berkeley Springs, WV 25411 Bell Atlantic Finance Department Accounts Payable Mail Stop B-3-0 Chesapeake Complex 13100 Columbia Pike Silver Spring, MD 19103 9. This contract is executed in and shall be governed by the laws of the State of west Virginia. 10. This contract shall supersede all prior documents, negotiations and agreements. It shall constitute the entire agreement of'the parties on the subject matter to which it applies.

STATE OF WEST VIRGINIA, COUNTY OF MORGAN, TO-WIT: I,, a notary public of and for said county, do certify that, who signed the writing hereto annexed for the Morgan County Commission, have this day in my said county, before me, acknowledged the said writing to be the act and deed of said Commission. Given under my hand this day of, 199-.. My commission expires: Notary Public Bell Atlantic - West Virginia, Inc. BY Its President and CEO STATE OF WEST VIRGINIA, COUNTY OF KANAWHA, TO-WIT: I,, a notary public in and for said county, do certify that, has signed the writing hereto annexed for Bell Atlantic - West Virginia, Inc., has this day in my said county, before me, acknowledged the said writing to be the act and deed of said corporation. Given under my hand this day of, 199-. My commission expires: Notary Public

ENHANCED 911 BILLING CONTRACT This contract is made this 7 g.t& day ofp o c Q m b Q.A 1 9 gby and between (the Authority), and Citizens Telecommunications Company of West Virginia, d/b/a CITIZENS COMMUNICATIONS COMPANY OF WEST VIRGINIA ( Citizens Communications ). The parties hereby agree as follows: 1. Citizens Communications shall act as the billing agent for the Authority for the billing of the fee imposed by the Authority for the capital, installation and maintenance costs, including recurring, maintenance and dispatcher costs,of the enhanced emergency telephone system of M 0 tr u n county (the County ). 2. Citizens Communications s duties as billing agency shall be as follows: a. The enhanced emergency telephone system fee shall appear on the monthly bills that Citizens Communications issues to its customers in the County, beginning with the bills dated A ~ tit r I,1999_. The amount of such fee shall be $2 5 0 per local exchange service line, except Tele-Assistance lines. For purposes of this contract, a local exchange service line is a line provided by Citizens Communications pursuant to its local exchange service tariff for which it issues a bill to a customer or customers. It is expressly understood t that a local exchange service line shall include and be limited to the following: (1) Each residence line, except Tele-Assistance lines; (2) Each business line; (3) Each semi-public telephone line; (4) Each PBX trunk; or (5) Each number of Centrex lines designated to be the equivalent of a PBX trunk under the aforementioned tariff. For each fraction of a PBX tnmk equivalent, a proportionate fraction of the fee shall be billed. b. Citizens Communications shall remit to the Authority by the last day of each month all fees collected by it during the preceding month, less the consideration set out in Paragraph 3. In the event the amount remitted is greater or less than the amount due under this contract, any and all liability under this contract shall be discharged by payment of the remaining amount due or by return of the amount overpaid, whichever the case may be. In either such case, no interest shall be charged. C. In the event a customer of Citizens Communications contends either that such fee is not owed by such customer or that such customer is owed a refund of such fee, Citizen Communications shall refer the question to the Authority and Citizens Communications shall thereafter collect or refrain from collecting such fee from such customer as instructed in writing to do by the Authority. Such writing shall be mailed within five (5) days of the date the question is referred, unless otherwise agreed by the parties in writing. 3. In consideration for Citizens Communications billing agent services, it shall retain 3 percent of the fees collected before remitting the remainder to the Authority. For purposes of this contract, fees collected shall mean the fees billed by Citizens Communications less the fees uncollectable, which shall be calculated at Citizens Communications current rate of uncollectable revenues for intrastate service.

2 4. 5. 6. 7. 8. The Authority shall indemnify and hold Citizens Communications harmless h m and against any claims or suits arising out of, in connection with, or related to the Authority s legal authority to impose an enhanced emergency telephone system fee or the erroneous collection of failure to bill such fee because of a good faith mistake by Citizens Communications. It is expressly understood that the foregoing indemnification shall include the responsibility to investigate and defend against such claims, including payment of reasonable attorney s fees. The Authority shall nom Citizens Communications in writing at least ninety (90) days prior to the effective date of any change in the amount of the enhanced emergency telephone system fee. The term of this contract shall be one year. Such term may be extended by the Authority an additional year by giving Citizens Communications written notice of such extension within ninety (90) days of the date of expiration of such term. Such term may be extended in a like manner for three (3) more additional years, allowing for total of four (4) extensions of one year each. Either party may, at any time, terminate this contract by giving the other party sixty (60) days written notice of such termination. All notices under this contract shall be mailed by certified mail return receipt requested. Such notices shall be mailed to the other party at the following addresses: The Authority: Citizens Communications 300 Bland Street Bluefield, WV 24701 9. 10. This contract is executed in and shall be governed by the laws of the State of West Virginia. This contract shall supersede all prior documents, negotiations and agreements. It shall constitute the entire agreement of the parties on the subject matter to which it applies. IN WITNESS WHEREOF, the parties have affuted their hands and seals on the date first abovewritten. The Authority e of Authority) CITIZENS TELECOMMLTNICATIONS COMPANY OF WEST VIRGINIA, D/B/A CITIZENS COMMUNICATIONS COMPANY OF WEST VIRGINIA By: 2

AGREEMENT FOR ENHANCED 911 EMERGENCY SERVICES BETWEEN MoAgan Coun$ty, WY Cornmiadion AND CITIZENS UTILITIES, D/B/A Citizens Communications.

2 TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. SCOPE OF WORK AGREEMENTTERMS AND CONDITIONS PROVISION OF SERVICE SYSTEM DATABASE AND EQUIPMENT BILLING PROCEDURES SUBSCRIBER BILLING DESCRIPTION OF DISTRICT PUBLIC SAFETY JURISDICTION DATABASE CREATION/ADDRESSING SPECIAL REQUIREMENTS LIABILITYANDINDEMNITY SYSTEM MODIFICATION SYSTEM MAINTENANCE TERMINATION FOR CONVENIENCE, DEFAULT OR FUNDING MISCELLANEOUS PROVISIONS EXHIBITS EXHIBIT A EXHIBITB PSAP LOCATIONlEQUIPMENT PROJECTEDTIMELINE,

3 AGREEMENT FOR ENHANCED 911 EMERGENCY SERVICE This agreement is entered into between CITIZENS UTILITIES, hereinafter referred to as CITIZENS COMMUNICATIONS, AND C u mmia.is i u M hereinafter referred to as the CUSTOMER, to implement an Enhanced 911 ( E-91 1 ) Emergency System. It is mutually agreed between the parties as follows: of.-oy, Section 1. SCOPE OF WORK 1.1. The E-9 11 system will provide use of the CITIZENS COMMUNICATIONS exchange network for emergency calls, at no charge to the caller, on a per call basis. These network services and facilities between CITIZENS COMMUNICATIONS local central offices and the Public Safety Answering Point ( PSAP ) of the CUSTOMER are provided in accordance with CITIZENS COMMUNICATIONS S local tariffs. This agreement will cover the provisioning of customer record databases to provide names, addresses and phone numbers, and network facilities to utilize and manage the system. Specific terms, conditions and charges for these services will be covered under applicable tariffs. Section 2. 2.1. AGREEMENT TERMS AND CONDITIONS The effective date of this Agreement wil be the date indicated below which shall be the date of signature and acceptance by CITIZENS COMMUNICATIONS. This Agreement shall continue in effect for a period of ( ) months beginning on the date the system is accepted by the CUSTOMER and placed into service. Thereafter, this Agreement shall automatically renew for subsequent terms of twelve (12) months each, unless written notice of termination is given to the other party not less than sixty (60) days prior to the expiration of the initial ( ) months term, or not less than sixty (60) days prior to the expiration of a subsequent twelve (12) months term, subject, however, to the terms of tariffs on file and approved by the Public Service Commission of this State (the PSC ). Section 3. PROVISION OF SERVICE 3.1. Since an E-91 1 system is complex, an in-service date will be established and agreed upon by the CUSTOMER and CITIZENS COMMUNICATIONS.

4 3.2 The projected time line for E-9 11 implementation is shown in Exhibit B and is an estimate of completion datds for the E-9 11 project based on current CUSTOMER and CITIZENS COMMUNICATIONS S scheduled activities. Conditions may arise which may cause delays in completing some activities by the scheduled date. If this occurs, the projected time line will be revised by mutual agreement, among the parties of this contract, such agreement not to be unreasonably withheld. Section 4. SYSTEM DATABASE AND EQUIPMENT 4.1 CUSTOMER shall have the sole and exclusive ownership of, control over and responsibility for, the Automatic Location Identification ( ALI ) database used in the operation of its E-91 1 system. CUSTOMERS responsibility in this regard includes, but is not limited to, the verification and validation of all street addresses provided to CUSTOMER by CITIZENS COMMUNICATIONS. For purposes of this Agreement, the ALI database is defined as a database containing CITIZENS COMMUNICATIONS access line subscriber s names, addresses, telephone numbers, and Emergency Service Numbers ( ESNs ). t 4.2 CUSTOMER shall have the sole and exclusive responsibility to secure, operate and maintain all equipment and software required on its side of the network point of demarcation in the construction and operation of its PSAP. CITIZENS COMMUNICATIONS shall provide network services to CUSTOMER and has the sole and exclusive responsibility for the construction, operation and maintenance of its network up to the point of demarcation at CUSTOMER S location. Section 5. BILLING PROCEDURES 5.1 CUSTOMER S payment of CITIZENS COMMUNICATIONS S non-recurring charges ( NRC ), as set forth in applicable CITIZENS COMMUNICATIONS tariffs, for the initial provisioning or subsequent additions of E-91 1 service are due and payable within thirty (30) days of placement in service and acceptance by the CUSTOMER, which acceptance shall not be unreasonably withheld. 5.2 Monthly recurring charges ( MRC ), as set forth in applicable CITIZENS COMMUNICATIONS M s, will begin during the month the E-91 1 system becomes operational. Section 6. SUBSCRIBER BILLING

u 5 6.1 Upon written authorization fiom the CUSTOMER, CITIZENS COMMUNICATIONS will bill the local exchange subscribers within an E-9 11 service area a monthly E-9 11 service charge on an individual exchange line basis in accordance with applicable State laws and CITIZENS COMMUNICATIONS tariffs. 6.2 CITIZENS COMMUNICATIONS will issue a check each month to the CUSTOMER for the total amount of moneys collected from the telephone subscribers, less authorized collection fee. 6.3 It is acknowledged that CITIZENS COMMUNICATIONS merely serves as a billing and collection agency for the CUSTOMER. The CUSTOMER has the primary obligation to assess fees within the provisions of local State laws and approved PSC tariffs. CITIZENS COMMUNICATIONS will adjust subscriber billing rates as requested by written authorization of the CUSTOMER. 6.4 The CUSTOMER will determine when and how much adjustment will be made to the E-91 1 charges within the limits established by the statutes of this State, and will noti0 CITIZENS COMMUNICATIONS, in writing, at least ninety (90) days prior to the adjustments appearing on the subscriber s bills. I Section 7. DESCRIPTION OF DISTRICT PUBLIC SAFETY JURISDICTION 7.1 CITIZENS COMMUNICATIONS currently provides services to the location of CUSTOMER S PSAP from its exchange in P n f4) P n faj ~. 7.2 Other special situations affecting the E-91 1 system may not be identified on the date this Agreement is executed. The CUSTOMER and CITIZENS COMMUNICATIONS will handle those situations on an individual case basis. Section 8. DATABASE CREATION/ADDRESSING 8.1 CITIZENS COMMUNICATIONS will provide CUSTOMER with all subscriber name and address information in the CITIZENS COMMUNICATIONS billing database, to the extent not otherwise prohibited by privacy-related laws, regulations or tariff provisions, for CUSTOMER S use in assembling, operating and updating its ALI database. 8.1.1 CUSTOMER covenants that non-listed or non-published telephone number idormation provided by CITIZENS COMMUNICATIONS will be used solely for purposes of inclusion in CUSTOMERS ALI database and in the discharge of CUSTOMER S E-91 1 responsibilities and shall not be disclosed by CUSTOMER, its employees, agents and/or independent contractors for any other purpose. I

6 8.2 Subscriber name and address idomtion provided to CUSTOMER by CITIZENS COMMUNICATIONS may not be relied upon by CUSTOMER in the fonn presented as accurate, without CUSTOMER S independent validation and verification, in the assembly, operation and updating of the Master Street Address Guide component of CUSTOMER S ALI database. 8.2.1 CITIZENS COMMUNICATIONS S OBLIGATION TO PROVIDE NAME AND ADDRESS DATA FROM ITS BILLING DATABASE TO THE CUSTOMER IS LIMITED IN SCOPE TO PROVIDING SUCH INFORMATION AS IT HAS AVAILABLE, WITHOUT ANY REPRESENTATION OR WARRANTY AS TO THE SUITABILITY OF SUCH DATA FOR USE IN THE ASSEMBLY, OPERATION OR UPDATING OF CUSTOMER S ALI DATABASE. 8.2.2 CITIZENS COMMUNICATIONS will endeavor to maintain accurate information in its billing database and to provide accurate information to CUSTOMER, but shall bear no responsibility to CUSTOMER for validating and verifling the accuracy of that information for CUSTOMER S use in its ALI database. I 8.3 In order to assist CUSTOMER in maintaining an up-to-date ALI database, CITIZENS COMMUNICATIONS will provide CUSTOMER with daily information regarding new subscribers and other changes in billing information which may be necessary in CUSTOMER S ALI database. The parties hereto will negotiate a methodology for the necessary data transfers required in the ALI database updating process. 8.3.1 The CUSTOMER recognizes that although updates will be made daily as available, the updates will be generated fkom CITIZENS COMMUNICATIONS S completed service orders. CITIZENS COMMUNICATIONS agrees to give the highest priority to providing the new service information to the CUSTOMER. 8.4 To the extent that CUSTOMER S process of validating and verifjring address information provided by CITIZENS COMMUNICATIONS reveals errors or discrepancies in addresses, CUSTOMER shall, at no charge, notifl CITIZENS COMMUNICATIONS in timely manner of the correct address information. CUSTOMER shall not be responsible for the accuracy of address information it provides to CITIZENS COMMUNICATIONS as a result of CUSTOMER S validation and verification process. Section 9. SPECIAL REQUIREMENTS

7 following: The CUSTOMER, by providing E-91 1 service for its citizens, specifically and expressly agrees to the 9.1 The CUSTOMER will provide at least one (1) primary PSAP to be staffed on a 24-hour, seven- days per week basis. 9.2 The CUSTOMER has the sole and exclusive responsibility for dispatching or having others dispatch police, fue and ambulance services, at a minimum, as required, to the extent as such services are reasonably available. 9.3 The CUSTOMER will develop a method for responding to calls from outlying counties or calls directed to non-participating agencies which may be routed to the CUSTOMER E-91 1 PSAP. 9.4 The CUSTOMER will subscribe to or provide telephone equipment with a capacity adequate to handle the number of incoming E-91 1 lines that the CUSTOMER, in consultation with CITIZENS COMMUNICATIONS, decides to install in order to handle the projected traffic with at least a P.01 call completion rate. CITIZENS COMMUNICATIONS will recommend the number of incoming E-91 1 lines that will provide an acceptable industry standard for E-91 1 service. Additional lines or special network configuration will be added at the CUSTOMER S request. 9.5 E-91 1 emergency lines are not intended to replace the normal telephone service of the various public safety agencies. The CUSTOMER agrees to subscribe to the additional number of local exchange lines required to properly conduct its administrative business. 9.6 The information in the ALI database is and shall remain the property of CUSTOMER. CUSTOMER retains all rights, responsibilities (except as otherwise provided herein) and privileges associated with the ALI database, and CITIZENS COMMUNICATIONS agrees to take all reasonable and customary measures to protect the rights of CUSTOMER to its data. 9.7 The CUSTOMER understands and agrees to not publish, reproduce, resell, disclose, allow access to, or use for any reason other than emergency response purposes associated with the public safety, any of the subscriber information provided by CITIZENS COMMUNICATIONS. Section 10. LIABILITYAND INDEMNITY

8 10.1 3-9 11 service is offered solely as an aid in handling assistance calls in connection with fire, police and emergencies and does not create any relationship or obligation, direct or indirect, to any person other than the CUSTOMER contracting for E-9 11 service. 10.2 CITIZENS COMMUNICATIONS'S liability is limited to that which is stated in applicable statutes or the applicable tariffs filed or to be filed and approved by the local Public Service Commission, except as the tariffs are modified by local State laws. Section 11. SYSTEM MODIFICATION 1 1.1 Additions or deletions to the E-9 1 1 emergency system will be made only upon the prior written request of the CUSTOMER or its designated representative and the mutual agreement of the CUSTOMER and CITIZENS COMMUNICATIONS. Additions to the system may involve additional charges. Section 12. SYSTEM MAINTENANCE 12.1 Maintenance will be provided as stated in applicable sections of CITIZENS COMhdJNICATIONS'S tariffs on file or to be filed with the PSC and all rules and regulations of the PSC. 12.2 Routine network system and transmission checks will be performed remotely by CITIZENS COMMUNICATIONS from its central office facilities. 12.3 CITIZENS COMMUNICATIONS will fiunish to the CUSTOMER the telephone numbers and procedures to be used in reporting E-9 11 priority service problems. CITIZENS COMMUNICATIONS will respond to E-9 11 repair calls fiom authorized CUSTOMER personnel within two (2) hours. 12.4 All levels of network maintenance will be provided by CITIZENS COMMUNICATIONS on a 24 hours per day, seven (7) days per week basis. Maintenance support will make every reasonable effort to respond within the two (2) hour time frame. Section 13. 13.1 TERM3NATION FOR CONVENIENCE, DEFAULT OR FUNDING In accordance with the applicable sections of CITIZENS COMMUNICATIONS'S tariffs on file or to be filed with the PSC, it will be an express condition to any request by the CUSTOMER for service and facilities, or request for additions, rearrangements, relocations or modifications of service, that the CUSTOMER understands and expressly agrees that if the application is canceled in whole or in part, prior to completion of the work involved, that the CUSTOMER will reimburse CITEENS COMMUNICATIONS for all expenseb included in \

9 handling the request before written notice of cancellation is received. Such charges, however, will not exceed all charges which would apply if the work involved in complying with the request had been completed. Section 14. MISCELLANEOUS PROVISIONS 14.1 This Agreement for the provision of E-9 1 1 services incorporates by reference the provisions of CITIZENS COMMUNICATIONS S tariffs on file or to be filed from time to time with the PSC. In the event of any contradictory provisions between this Agreement and those tariffs, the tariffs will prevail, subject to the provisions of state law. 14.2 CITIZENS COMMUNICATIONS agrees to provide a copy of any proposed tariff, which may affect the terms hereof, to the CUSTOMER no less than thirty (30) days before the filling thereof with the PSC. / 14.3 This Agreement shall be governed in all respects by the local laws of this State. 14.4 By mutual agreement, the parties of this contract may make written changes to any provision hereof, from time to time, provided that such changes do not contradict the previously mentioned tariffs or law. t 14.5 This Agreement with attached Exhiits A and B and CITIZENS COMMUNICATIONS S tariffs on file or to be fded with the PSC, shall constitute the entire agreement by which CITIZENS COMMUNICATIONS and the CUSTOMER are bound, and no representations, inducements, promises, or agreements, oral or otherwise, which are not embodied herein shall be effective for any purpose. 14.6 The parties here below agree that the provisions contained in this Agreement are severable and divisible, and that each such provision does not depend upon any other provision. 14.7 CITIZENS COMMUNICATIONS agrees that this agreement shall be binding upon any successor to CITIZENS TELECOM in this State, and CITIZENS COMMUNICATIONS pledges to do all things reasonable and necessary to insure adherence hereto by any assignee or successor in interest to CITIZENS COMMUNICATIONS. representatives: IN WITNESS WHEREOF, the parties have cause this Agreement to be executed by their duly authorized I Its: Date: 7

MORGAN COUNTY E-911 SECTION 5 BUDGET ATTACHMENT 12/ 1 8/98 Page 10

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