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Home My WebLink About2007-079 02/ 27/ 2087 13 : 31 561 - 970 - 1022 IRC ADMIN PAGE 02 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Plumber FL06-P750-01 This Special Service Arrangement (SSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and INDIAN RIVER COUNTY ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachm=t(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. I . Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both patties. For purposes of the determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2 . Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3 . This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be trade from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commancement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth, if so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement PRNATE/PROPRIETARY CONTAINS PRIVATE ANWOR PROPRIETARY fNFORMATION. MAY NOT BE USED OR DISCLOSED DUTMIDE THE aELLSOUTH COMPANMS EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I of a _ 02/ 27/ 2007 13 : 31 561 - 978- 1822 IRC ADMIN PAGE 03 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL06-P750-01 (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it hes chosen Company to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it falls to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a smite provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8 . This Agreement shall be construed in accordance with the laws of the State of Florida , 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. Assistant Vice Presidem 701 NorthPointe Parkway West Palm Beach, FL 33407 Subscriber INDIAN RIVER COUNTY 1840 25TH ST VERO BEACH, FL 32960 10. - Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11 . In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shad be considered inoperative to the Went of such invalidity, illegality, or unenforceability, and the remainder of this Agreement shall continue in full force and effect. 12. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the patties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 13. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it Is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cAncel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 14, This Agreement is not binding upon Company until executed by an Authorized employee, partner, or Agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company PRIVATVPROPRIETARy CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAy NOT BE USED OR DISCLOSED DUTSIDE THE aELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. PW2 of 02 / 27/ 2007 13 : 31 561 -978-1822 IRC ADMIN PAGE 04 SPECIAL, SERVICE ARRANGEMENT AGREEMENT Case Number FL06-P750-01 organization, and incorporated into Company's mechanized system. The undersigned Warrant and represent that they have the authority to bind Subscnber and Company to this Agreement. PRIVATE/PROPRIETARy CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THF aELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT, Page 3 of 8 02/ 27/ 2007 13 : 31 561 -978-1822 IRC ADMIN PAGE 05 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL06-P750-01 Option 1 of 1 Offer Expiration: This offer shall expire on: 6/ 19/2007. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Special Service Arrangement provides E9- 1 - 1 Database Snapshot. This information is provided to the Companys E9-1- 1 Subscribers which are current subscribers of the Company's tariffed E9- 1 - 1 ANVALI or ANVALI/SR service. This Agreement is on a month-tD-month basis. A request of one ( 1 ) Database Snapshot per month is allowed. The service interval will be negotiated. PRNATE/PROPRIETARY CONTAINS PIUVATE ANOIGR PROPRIETARY INFORMATION. MAY NOT HE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRMrEN AGREEMENT. Page 4 of 8 02/ 27/ 2007 13 : 31 561 - 978 - 1022 IRC ADMIN PAGE 06 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL06-P750-01 Option I of 1 IN .WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber INDIAN RIVER COUNTY By. ,�j '7 Ur hor7ZE lgnfltlll'e Inrtan Povr 1:- - ^ " ( ' file a y� P . nted Name: Jn e;& � FSe : rc1 L) OZ uw,��, i _ y �- � p ..t agate: 7 n� O T ~ ompany: CL 2 By: Telecommunications, Inc. y: BellSouth Business Systems, Inc. By: /� �r — Auttrorized Sigiumne . Printed Name: Title: Date: PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE 9ELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRrn EN AGREEMENT. Prge 5 of a 02/ 27/ 2007 13 : 31 561 -978-1822 IRC ADMIN PAGE 07 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL06-P750-01 RATES AND CHARGES Option 1 of 1 [tete Elements Non-Recurring Monthly Rate USOC 1 E9- 1 - 1 Database Snapshot, $31 .00 $.00 WGGLF Per Request, Per 1 ,000 Records 2 E9- 1 - 1 Database Snapshot, $60.00 $ .00 WHl16Y Conversion of .txt file to Excel format, Per Conversion 3 E9- 1 . 1 Database Snapshot, $45 .00 S.00 WHH6Z Overnight delivery of E9- 1 - 1 Database Extract, Per Request PRIVATETROPRIE'TARY CONTAf61S PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 6 of d 02/ 27/ 2007 13 : 31 561 -978-1822 IRC ADMIN PAGE 08 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number F1,06-13750-01 Option 1 of RATES AND CHARGES NOTES: 1 . Database Snapshot provides the information contained in the Company's E9- 1 -1 Database for a specified geographical location at a designated period in time. This information is provided to E9- 1- 1 Subscribers which are current subscribers of the Company s tariffed ANUALI or ANHALI/SR service. 2. The Subscriber will be responsible for all long distance charges incurred when accessing the database. 3 . The following guidelines will be applicable to Subscribers of this service: a. The Subscriber shall limit the use of the information contained in the Database Snapshot to the verification of documents, records or other information used in the provision of the E9- 1 - 1 service provided by the Company and for no other purpose. The information cannot be sold or used for outbound emergency notification. b. The Subscriber further understands and agrees that it is strictly prohibited from reproducing, publishing, reselling, disclosing, tampering with, or providing access to information included in the Database Snapshot for any purpose other than the verification of its E9- 1 . 1 customer records, documents, or other information used in the provision of the E94 - 1 service provided by the Company. c. The Subscriber agrees that the Database Snapshot shall be password protected and secure from entry by non-authorized personnel. d. The Subscriber understands and agrees that the Company shall not modify its network operations or protocols to accommodate PSAP equipment. e. The Subscriber recognizes and agrees that the Database Snapshot contains the name, address and telephone number of subscribers who have instructed the Company to restrict access to the information through the designation of the information for unpublished and non-published treatment. The Subscriber further recognizes and agrees that such information is confidential and such information will be protected from disclosure, distribution or dissemination except for Subscriber's employees involved in the provision of E9- 1 - 1 service with a need to know such information. f. All confidential information shall he destroyed or promptly returned to the Company at the Company's request. g. The Subscriber agrees in the event any breach of this Agreement occurs that monetary damages would not be sufficient and the Company would be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Agreement. 4. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the tariff apply. PRTYATFIPROPRMTARY CONTAINS PRTVATE AND/OR PROPRIETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PL'RSUANr TO A WRITTEN AGREEMENT, Pyc 7ofI 02/ 27/ 2007 13 : 31 561 - 978-1822 IRC ADMIN PAGE 09 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL06-P750-01 Option I of I END OF ARRANGEMENT AGREEMENT OPTION 1 PRIVATFIPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Pwaofs