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HomeMy WebLinkAbout2010-046A aw Contract Service Arrangement Agreement Case Number FL09-6810-03 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 ("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 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, Page 1 of 11 AT&T and Customer Confidential Information at&t Contract Service Arrangement Agreement Case Number FL09.6810-03 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 Telecommupications, Inc. d/b/a AT&T Florida Assistant Vice President 701 Northpoint Pkwy.,#400 West Palm Beach,FL 33407- Subscriber Indian River County 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. Page 2 of 11 AT&T and Customer Confidential Information aW Contract Service Arrangement Agreement Case Number FL09-6810-03 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. Page 3 of 11 AT&T and Customer Confidential Information ltW aw Contract Service Arrangement Agreement Case Number FL09-6810-03 Option 1 of 1 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) Agreement provides rates and charges for BellSouth®Centrex service for multiple systems. Each system will terminate coterminous with the expiration date of this contract regardless of the installation date of the individual systems. This Agreement is for a service period of twenty-four(24)months and shall be extended for two(2)additional one-year terms under the same terms and conditions. Page 4 of 11 AT&T and Customer Confidential Information at&t Contract Service Arrangement Agreement Case Number FL09-6810-03 Option 1 of 1 IN WITNESS WHEREOF, the patties 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 By: Q V �it� V „ 0 Authorized Signaturere Q/ By. Auth Printed Name: er ©J C -� Deputy Clerk Title: �clhQl/`V��L Date: �_ 1 ' I ZD1 D — INDIAN RIVER COUN-1Y BOARD OF COUNTY COMMISSIONERS Company: Bell outh Telecommunications, Inc. dib/a T&T F -ida l By: I�. C Aut riz Sign tur l Peter O'Bryan, Chain a41 n Printed ame: Cl r M ' Approved by BCC: C2 Na -" /D Title: Date: Approved as to form and legal sufficiency: William G. Collins II, County Attorney Indian River County, Florida Indian River County App oved Date Administration CountyAttorne to f Budget Department O Risk Management Page 5 of 11 AT&T and Customer Confidential Information aW Contract Service Arrangement Agreement Case NumberFL09-6810-03 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1 BellSouth@ Centrex service, Payment $.00 $30.00 M1ACS Plan 1,Standard common equipment, each 2 BellSouth@ Centrex service, Payment $.00 $30.00 M1ACC Plan 1, Common equipment customized by the Company at the subscriber's request,each 3 BellSouth@ Centrex service, BellSouth@ $.00 $.00 CCXEN Centrex Control, Service Establishment, Initial setup, per system 4 BellSouth@ Centrex service, Standard Features, $.00 $.00 CENAA per station line,each 5 BellSouth@ Centrex service, BellSouth@ $.00 $3.95 CENCA Centrex Control, Per Line, Initial Setup, each station line,Company provisioned, subscriber provisioned, or converted from ECAS, DECAS, or Customer Control 6 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFA Plan 1,Station Links, Flat Rate, each 7 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFB Plan 1,Station Links for 800 Service Termination, Flat Rate, each 8 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFC Plan 1,Station Links Terminated on Electronic Business Sets/PSET(DMS-100 only), Flat Rate, each 9 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFD Plan 1, Station Links Terminated on Electronic Business Sets/M5009(DMS-100 only), Flat Rate, each 10 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFE Plan 1,Station Links Terminated on Electronic Business Sets/M5209(DMS-100 only), Flat Rate,each Page 6 of 11 AT&T and Customer Confidential Information �at&t Contract Service Arrangement Agreement Case NumberFL09-6810-03 Option 1 of 1 RATES AND CHARGES 11 BellSouthO Centrex service, Payment $.00 $14.56 M4LFF Plan 1, Station Links Terminated on Electronic Business Sets/M5112 (DMS-100 only), Flat Rate,each 12 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFG Plan 1,Station Links Terminated on Electronic Business Sets/M5312 (DMS-100 only), Flat Rate, each 13 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFT Plan 1,Station Links Terminated on Electronic Business Sets/M5008 (DMS-100 only), Flat Rate, each 14 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFU Plan 1,Station Links Terminated on Electronic Business Sets/M5208 (DMS-100 only), Flat Rate, each 15 BellSouth@ Centrex service, Payment $.00 $14.56 M41-FV Plan 1,Station Links Terminated on Electronic Business Sets/M5216 (DMS-100 only), Flat Rate, each 16 BellSouth@ Centrex service, Payment $.00 $14.56 M4LF3 Plan 1,Station Links Terminated on Electronic Business Sets/M5316 (DMS-100 only), Flat Rate,each 17 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFH Plan 1, Station Links Equipped with Caller ID, Flat Rate, each 18 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFW Plan 1, Station Links Equipped with Caller ID and Message Waiting Lamp Indication(DMS- 100 only), Flat Rate, each 19 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFJ Plan 1,Station Links Equipped for Message Waiting Lamp Indication (DMS-100 only), Flat Rale, each Page 7 of 11 AT&T and Customer Confidential Information 9 at&t Contract Service Arrangement Agreement Case NumberFL09-6810-03 Option 1 of 1 RATES AND CHARGES 20 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFM Plan 1, Station Links for Provision in a Different Serving Wire Center, Flat Rale,each 21 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFO Plan 1,Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/PSET(DMS-100 only), Flat Rate,each 22 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFP Plan 1,Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5009 (DMS-100 only), Flat Rate, each 23 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFQ Plan 1, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5209 (DMS-100 only), Flat Rate, each 24 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFR Plan 1, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5112(DMS-100 only), Flat Rate, each 25 BellSouth@ Centrex service, Payment $.00 $14.56 M41-FS Plan 1, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5312(DMS-100 only), Flat Rate,each 26 BellSouth@ Centrex service, Payment $.00 $14.56 M4LF4 Plan 1, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5008 (DMS-100 only), Flat Rate,each 27 BellSouth@ Centrex service, Payment $.00 $14.56 M4LF5 Plan 1,Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5208(DMS-100 only), Flat Rate,each 28 BellSouth@ Centrex service, Payment $.00 $14.56 M4LF6 Plan 1,Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5216(DMS-100 only), Flat Rale,each Page 8 of 11 AT&T and Customer Confidential Information at&t Contract Service Arrangement Agreement Case Number FL09-6810-03 Option 1 of 1 RATES AND CHARGES 29 BellSouth@ Centrex service, Payment $.00 $14.56 M4LF7 Plan 1,Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5316(DMS-100 only), Flat Rate, each 30 BellSouth@ Centrex service, Payment $.00 $14.56 M4LFZ Plan 1,Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate,each 31 BellSouth@ Centrex service, Payment $.00 $.00 M4LF9 Plan 1,Station Links Termination on MegaLink@ service, LightGate@ service,or Equivalent Services, Flat Rate,each 32 BellSouth@ Centrex service, Payment $.00 $.00 M4LF2 Plan 1, Station Links Termination on MegaLink@ service, LightGate@ service, or Equivalent Services for 800 service Termination, Flat Rate, each 33 BellSouth@ Centrex service, Payment $.00 $14.56 M1 FNX Plan 1, Bridged Links, located on different premises from station link on non-continuous property, each 34 BellSouth@ Centrex service, Payment $.00 $14.56 M1FCX Plan 1, Bridged Links, located on different premises from station link on same continuous property, each 35 BellSouth@ Centrex service, Payment $.00 $14.56 M1 FEX Plan 1, Extended Bridged Links,extended to different premises, different serving wire center, each 36 BellSouth@ Centrex service, Network Access $.00 $12.00 M9QCX Register(NAR) Package, per NAR, Both-way, Flat Rate 37 BellSouth@ Centrex service, Network Access $.00 $12.00 M901 Register(NAR) Package, per NAR, One-way Inward, Flat Rate Page 9 of 11 AT&T and Customer Confidential Information aw Contract Service Arrangement Agreement Case Number FL09-6810-03 Option 1 of 1 RATES AND CHARGES 38 BellSouth@ Centrex service, Network Access $.00 $12.00 M9OOX Register(NAR) Package, per NAR, One-way Outward, Flat Rate 39 Grouping Service, Business, per NAR made $.00 $.00 HTG rotary Page 10 of 11 AT&T and Customer Confidential Information aW Contract Service Arrangement Agreement Case Number FL09-6810-03 Option 1 of 1 RATES AND CHARGES NOTES: 1. Other rate elements used in the provision of this service may not be listed herein, however, can be found in the appropriate Tariffs or Price lists. 3. Payment Plan designation is for provisioning purposes only. 4. The appropriate tariff notes associated with each rate element apply as specified in the GSST. 5. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that were waived at installation as identified below in addition to applicable termination liability charges: USOC Description NonrecurringCharge CENAA Centrex Features $19.50 each M1ACS Standard Common Equipment $600.00 each MIACC Customized Common Equipment $750.00 each Line Connection, first $63.50 each Line Connection, Additional $12.05 each Furthermore, 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$326.00. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 11 of 11 AT&T and Customer Confidential Information