HomeMy WebLinkAboutE911 Phase 1 Service Order Form
Augusta Richmond GA
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DOCUMENT TYPE:
YEAR: D (
BOX NUMBER: r l4
FILE NUMBER: (c50Lfl
NUMBER OF PAGES: ~
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Southern lINCiII>
BOD North 18th Street / GN-08oo
Birmingham, Alabama 35203
Tel 205.257,1854
SOUTHERN A
COMPANY
Energy to Serve Your WorldSM
December 19, 2001
Mr. Phil Wasson
Richmond County GA 911
911 Fourth Street
Augusta, GA 30911
Re: E911 Phase 1 Service Order Form
Dear Mr, Wasson:
Enclosed is an original of the fully executed service order form between Southern L1NC
and Richmond County, Georgia.
Please contact me at 205/257-4911, should there be any questions or if I can be of
further 'assistance.
an H. Martin
Senior Technical Analyst-
Regulatory Compliance
Enclosures
CC: Leesa Akins, Esq., Southern Company
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E911 PHASE I - SERVICE ORDER FORM
Name: SOlllhprll I IN.
CARRIER CONTACT
Address: 600 Iln;,'~riitl' Par\' PI1~\', "'IHn dQO
Cit~,: H~iAllbalR
Name: Jean H Mar.tin
Phone Number: 2051716-4QII
State: AI"hllrnll
ZIP: 35209
Fax Number: 205/1174-19';1
CARRIER NOTIFICATION:
Name: Sonthl'rn I IN.
Address: 600 IlnivH~it}' P"rk PIaN', Sllitp 400
Name:
Address:
City:
State:
Phone Number:
ZIP:
'Fax Number:
Also acting as agent for the following:
PSAP NOTIFICATION:
Name:
Address:
By sigllillg be/ow, each persoll represel/ts that he/she is authorized to alld does hereby commit their compallY or gOl'erllmellr el/tit)' to this E9// Phase I Senice
Order Form, illcludillg t liS all cOllditiolls stated be/oil' (collectil'e/y, the "Agreemellt'~.
PSAP:
"fMt.)By:
'--fv' Namerritle:
Date:
TERMS AND CONDITIONS
Service, Upon the tenns and subjcct to the conditions contained herein, Carricr, with the assistancc of thc incumbcnt local exchange carrier and onc or more third-
party vendors, and upon installation and activation of all necess,ary equipment and software, will provide PSAP with information that identifics thc originating mobile
telephone number and selving cell site ("Phase I Service") for each E91 '" call placed on Carrier's network from locations that PSAP identifies as within the PSAP's
geographic boundarics, PSAP will translate such infonnation into fonnat necessary for its use, PSAP and Carrier will cooperate in the devclopmcnt of a selvice
implementation plan that will, at a minimum, establish targct dates for actions nccessary for installation of all necessary equipment and softwarc and activation of
Phasc I SelVice,
Technical Information, Carrier will determine what technology to employ to provide Phase I Service, and will acquire the appropriate software and equipment.
PSAP will furnish Carrier, at PSAP's expense, all technical data and infol1nation relating to PSAP provision of 911 selVice that Carrier detennines to be necessary for
the performance of this Agreement. Carrier will provide PSAP with applicable service descriptions to enablc PSAP to understand the tcchnical requircments,
recommendations and other implications of Phase I Service,
Costs. PSAP will reimburse Carrier for all installation, service, equipment, operation and maintenance costs related to Phase I SelVice within thirty (30) days of
reCeipt of an invoice from Carrier for such costs and warrants that a funding mechanism is in place to providc sufficient funds to reimburse Carrier for all costs related
to Phase 1 Service, The Cost Recovery Plan governing PSAP's reimbursemcnt to Carricr is attached hcrcto and incorporated herein as Exhibit A.
Customer Hillin!!. Carrier will"make a good faith effort to bill its mobilc phone users, whose billing addresses are in PSAP's geographic boundaries, the amount
required by O,C.G,A. Section 46-5-134 and local ordinance, Carrier will rcmit applicable amounts collected from its mobile phone users (less applicable
administmtive fees) to the PSAP, Carrier will not be liable to the extcnt that its billing system is not capable of identifying all mobile phone users whose billing
addresses are within PSAP's geographic boundalies,
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Te'rm and Termination. The initial tenn of this Agreement will be for a period of one (I) year commencing on the date signed by PSAP. This Agreement will
automatically renew thcrcafter for onc (I) year tenns unless cither party provides the other with thirty (30) days' advance written notice of termination prior to the end
of the thcn-culTent tenn. Canier may tenninate this Agreement at any time upon thirty (30) days' written notice to PSAP. PSAP will reimburse Carner for all of
Carner's costs incuned up to the date oftennination and in the course of winding down the Phase I Service and this Agreemcnt.
Confidentialitv. PSAP will treat any infonnation previously or hereafter provided by Canier in connection with Phase ( Service (including, without limitation, any
information provided orally by Carner) as strictly confidential and will use it only to fulfill PSAP's diJiy to provide E911 response service. Except as provided herein,
PSAP will not provide any such infonnation to third parties, If PSAP is served with an Open Records Request or subpoena requesting any information provided to
PSAP by Carner, then PSAP will immediately either return all such information to Carner or notify Carner of such request or subpoena and cooperate with Canier, at
Carner's expcnse, in order to protect such information from disclosure,
Limitation of Liabilitv. For the purposes of this Section, Carner will be deemed to include Carrier, its affiliates and all of their agents, employees, officers, directors,
shareholders, attorneys, successors and assigns, In addition to all limitations of liability that may be imposed by law, including without limitation O,C,G.A. Section
46-5-135, Carner will not be liable for any damages in a civil action for death or injury to persons. or damage to property resulting from any act or omission of Carrier
or from the installation, operation, maintenance, removal, presence, condition, or use of all or any portion of Phase I Service or from enors, intenuptions, defects,
failure or malfunctions or Phase I Service or any part thcreof, unless lhe act or omission causing said death, injury or damage constitutes willful or wanton misconduct
by Carner in connection with developing, adopting, implementing, maintaining, or operating the Phase I Service. Carner's total liability for damages to PSAP will be
no more than the fccs paid by PSAP for Phase I Scrvice for the calendar month in which the incident resulting in any damages occuned, CARRIER WILL NOT BE
LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PHASE I SERVICE PROVIDED
UNDER THIS AGREEMENT.
No Third-Partv Beneficiarv Relationship or Liabilitv Created. Phase I Service is offered by Carner solely to the PSAP as an aid in the PSAP's provision of E911
Service. Carner's provision of this Phase I Service does not create any relationship or obligation, direct or indirect, to any person or entity other than the PSAP,
Dispute Resolution. The parties will attempt to promptly resolve any dispute arising out of this Agrcement by negotiations between representatives who havc
authority to settle the dispute, If unsuccessful, then the parties will make a good faith allemptto sellle the dispute by submitting the dispute to non-binding mediation
by an impartial mediator agreed to by the parties, at a mutually convenient location, with each party responsible for its own expenses, including without limitation,
attorneys' fees. All costs of the mediation, other than each party's individual attorneys' fees and expenses, will be apportioned equally to each party, Either party may
submit any dispute that is not resolved by such negotiation or mediation tn I ..f G[~ j....;r'l;ouC'n in acc~rdance with the tel1J)ji of this Agree~ment.
Notwithstanding the foregoing, a party may seek temporary injunctive or other relief at any time. ~ s:)' .-.- C~ 'Z ;C:', c.A ",~
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No Warranties. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NO PARTY HAS MADE, AND THERE DOES NOT EXIST, ANY
WARRANTY, EXPRESS,OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULA'7vIP~
PURPOSE FOR ANY SERVICE OR GOOD PROVIDED UNDER THIS AGREEMENT. ~
Waiver. The failure of either party at any time to insist on the strict observance of any of the provisions of this Agreement, or to exercise any rights in respect thereto,
or to exercise any election herein provided, will not be construed as a waiver of such provision, right or election or in any way affect the validity of this Agreement.
The exercise by either party of any of its rights of election hereto will not preclude or prejudice such party from cxercising any other right it might have under this
Agrccmcnt. No waiver undcr lhis Agreement will be valid unless it is given in writing and it is signcd by the designated, authorized representative of the party giving
such waiver.
Notice. All notices required herein must be in writing and sent by registered or certified mail, postagc prepaid, return reccipt requested or overnight courier servicc,
postage prcpaid, to the parties at the addresses provided on the signature page and will be effective three (3) days after being sent as herein provided. A party may
change its contact names and addresses by giving notice to the other party.
Asshmment. This Agreement will bind the parties and their successors and assigns. Ncither party may assign this Agreement, by operation of law or otherwise,
without prior written consent of the other party; provided, however, Carrier may assign this Agrecment to its parent company, or any subsidiaries or affiliate.~, the
surviving entity in a merger or consolidation or to a purchaser of substantially all of the assets of the business to which this Agreement relates wilhout PSAP's consent.
Survival. To the extent legally pennissihle, the parties will replace any illegal, invalid or unenforceable provision of this Agreement with a valid provision lhat will
carry oul the intention of the parties. If the parties are unable to replace any provision that is not essential to the commercial purpose of this Agreement, then lhe
remaining provisions will remain in full force and effect.
Entire Al!reement and Amendment. This Agreement sets forth the entire understanding between the parties with regard to the subject mailer hereof and supcrsedes
any prior discussion or representations between them with respect thereto. This Agreement may be amended only by a writing signed by both parties.
Indeoendent Contractor. Carner's relationship to PSAP in the perfonnance of this Agreement will be that of an independent contractor.
Force Maieure. Callier will exercise reasonable effort in perfonning its obligations hercunder, but will not be liable for any delays reslllling from circumstances
beyond its control.
Go\'erninl! Law. This Agreement will be governed by and construed under the laws of the State of Georgia.
END OF AGREEMENT
2
EXHIBIT A
!NOTE: ATTACH COST RECOVERY PLAN FOR PSAPl
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