HomeMy WebLinkAbout2010-046B 7W at&t
Contract Service Arrangement Agreement
Case Number FL09-6847-03
This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc . d/b/a AT&T Florida, ("Company") and Indian River County 91. 1 ("Customer" or
"Subscriber") . This Agreement is based upon the following terms and conditions as well as any Attachment(s)
affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein .
1 . 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 parties .
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 made 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 and except as
otherwise provided in Section 13 below, 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 commencement 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 a
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 or a Service provided pursuant to 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 or stated elsewhere in this Agreement,
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Contract Service Arrangement Agreement
Case Number FL09-6847-03
termination charges are defined as fifty percent (50%) of the recurring 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 and
any nonrecurring charges that were not applied upon installation as set forth in this Agreement.
(b) Subscriber further acknowledges that it has options for its telecommunications services from providers
other than Company and that it has 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 fails 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 service 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 . d/b/a AT&T Florida
Assistant Vice President
701 Northpoint Pkwy . , #400
West Palm Beach , FL 33407-
Subscriber
Indian River County 911
1800 27th Street
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 shall be considered inoperative to the extent of such
invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and
effect .
12 . 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.
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Contract Service Arrangement Agreement
Case Number FL09-6847-03
13 . Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement
is deregulated or de-tariffed by operation of law, regulation , or otherwise, all references in this Agreement to
"BellSouth General Subscriber Services Tariff" , "BellSouth tariffs", `BellSouth ' s lawfully filed tariffs", or
any other reference to BellSouth ' s tariffs on file with the Public Service Commissioner(s) of the applicable
state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service
Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found
at www . att . com/servicepublications , all incorporated herein by reference as if fully included herein .
Customer agrees such deregulated or de-tariffed Service shall be provided in accordance with the terms and
conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or
states and the BellSouth Service Agreement found at the link above . To the extent there exist any
discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those
incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern .
14 . Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by
its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at
www .att. com/servicepublications , as applicable . Customer further agrees that this Agreement and any
attachments hereto, constitute the complete and exclusive statement of the agreement between the parties,
superseding all proposals, representations, and/or prior agreements, oral or written, between the parties
relating to the subject matter of the Agreement. This Agreement is not binding upon Company until executed
by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be
modified, amended , or superseded other than by a written instrument executed by both parties . The
undersigned warrant and represent that they have the authority to bind Customer and Company to this
Agreement.
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Contract Service Arrangement Agreement
Case Number FL09-6847-03
Option 1 of 3
Offer Expiration : This offer shall expire on : 3/31 /2010 .
Estimated service interval following acceptance date : Negotiable weeks .
Service description :
This Contract Service Arrangement (CSA) provides Enhanced Universal Emergency Number Service-E911 Combined
Automatic Number Identification (ANI), Automatic Location Identification (ALI ), and Selective Routing (SR) .
This Agreement is for a service period of twenty-four (24) months with two ( 2) one-year renewals available .
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Contract Service Arrangement Agreement
Case Number FL09-6847-03
Option 1 of 3
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: Attest : J . K . Barton , Clerk
Indian River County 911
By : 1
Authorized Signature UBy : au..
Printed Name :
� `'►� eputy Clerk
Title : C CC,f/� lM �
Date : 3 � 1 l � 2 y tU
INDIAN RIVER COUNTY
Company : BOARD OF COUNTY COMMISSIONERS
Bell oath Telecommunications, Inc . d/b/a A &T ida
r
MIA 01" 4
Au orized Signatur BY : U t
0
I,
Peter 0 Bryan; Cha iman
Printed Name : - �.� � • "• � " `
Ap roved by BCC;:
Title :
Date :
Approved as to form and legal sufficiency :
William G . Collins II , County Attorney
Indian River County , Florida
Indian River County Appj.Qved Date
Administration -1 V
County Attorney z (. 3 (T /O
Budget
Department a
Risk Management
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Contract Service .Arrangement Agreement
Case Number FL09-6847-03
RATES AND CHARGES Option 1 of 3
Rate Elements Non-Recurring Monthly Rate USOC
1 Enhanced Universal Emergency Number $ . 00 $ 120 .00 9UL3X
Service- E911 ,
Combined Automatic Location Identification and
Selective Routing provided for non-Bell access
lines ,
Tier III , per 1000 Access Lines
2 Enhanced Universal Emergency Number $ . 00 $ 130. 00 9US3X
Service-E911 ,
Combined Automatic Number and Location
Identification and Selective Routing ,
Tier III , per 1000 Access Lines
3 Enhanced Universal Emergency Number $ . 00 $ 100 . 00 E8Z
Service- E911 ,
Combined Automatic Number and Location
Identification and Selective Routing ,
Per 1000 access lines
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Contract Service Arrangement Agreement
Case Number FL09-6847-03
Option 1 of 3
RATES AND CHARGES
NOTES :
1 . The Customer is liable for the revenues to the Company for the full term of this Agreement. If the Customer disconnects
early, two payment options are available :
a. Continue paying the monthly rates for the remainder of the selecte term, or
b . Make a lump sum payment discounted by the current prime interest rate plus two percentage points .
2 . Upon Customer' s request to disconnect all service prior to the expiration of the selected term , Customer will be charged a
one-time Contract Preparation Charge in the amount of $423 . 00 .
3 . In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the
Agreement term , the Customer will be required to pay the applicable termination charge as stated in this Agreement. The
Agreement provisions concerning termination liability shall be inapplicable to any state, county, or municipal governmental
entity when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or
executive body:
a) a statute;
b) an ordinance ;
c) a policy directive ; or
d) a constitutional provision
which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency
thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such
service becomes unavailable, the governmental entity may cancel the service without additional payment obligation . Absent
any official statute, ordinance, policy directive, or constitutional provision , the Customer shall be responsible for the
termination charge .
END OF ARRANGEMENT AGREEMENT OPTION 1
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