Loading...
HomeMy WebLinkAbout2020-214Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 AT&T MA Reference No.139535ua CUSTOMER "Customer" AT&T "AT&T" Indian River County 911 For purposes of this Pricing Schedule, AT&T means the Service Street Address: 1800 27 St Provider specifically identified herein. City: Vero Beach State: FL Zip Code: 32960 - Billing Address Street Address: 1800 27 St City: Vero Beach State: FL Zip Code: 32960- CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information andfor Contract Notices Name: MannyCabo Name: Darren Light Title: Telecommunications Manager Title: Application Sales Executive 3 Telephone: 772-226-1318 Fax: Telephone: 407-455-1643 Fax: - - Email: mcabo@ircgov.com Email: dl4389@att.com Street Address: 1800 27 St Attention: Assistant Vice President City: Vero Beach Street Address: 2180 Lake Blvd., 7th Floor State: FL Zip Code: 32960- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master AgreementSupportTeam Email: mast a t.com This Pricing Schedule Addendum ("Addendum") for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian RiverCounty911 ("Customer"), hereby agree, as acknowledged by their appropriate signatures asset out below, to amend and change Pricing Schedule FL09.6847-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. Pagel of7 AT&T and Customer Confidential Information Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 This Agreement signed by AT&T first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&Ts signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 12/3/2020. Customer (by its authorized representative) AT&T b its authorized representative) By: By: 4te',Z1 Printed or Typed Name: Susan Adams Printed or Typed , Name: ,� f in Title: Chairman Title:, s Date: Date: Page 2 of AT&T and Customer Confidential Information �- t&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, Fl�R DA •"'�o"nin.`f'^ -01 Approved by BCC October 6, 2020 •o���(. ....s�°y <s2o9 � , • \oma; Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Z-" G�Q!KJU �i% Deput Clerk Approved as to Form and Legal Sufficiency D n Reingold, CRunty Attorney Jas6n If. B96wn, County Administrator Page 3 of 7 AT&T and Customer Confidential Information Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 of 1 Service description: SERVICE: This Addendum extends the service period of the existing E911 Public Safety Answering Point (PSAP) equipment and software. TERM: This Addendum to Pricing Schedule IF 1_09a47-03 extends the service period for an additional twelve (12) months. Upon mutual agreement of the parties, this Pricing Schedule maybe extended for two (2) additional one-year renewals. All terms and conditions of Pricing Schedule FL09-6847-03 apply to this Addendum unless modified herein. Upon mutual agreement of the parties, Customer may renewthis Pricing Schedule to provide for an upgrade of the E911 equipment/service. An Upgrade is defined as a replacement of existing equipment to available newer technology at the time of the request. Page 4 of AT&T and Customer Confidential Information Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 of 1 RATES AND CHARGES Rate Elements Non -Recurring Monthly Rate USOC 1 E911, Automatic Number ID $.00 $47.00 9UK3X 2 E911, Auto Loc ID-Sel Routing $.00 3 E911 Automatic Number ID & $.00 Selective Routing 4 E911, Selective Routing Provided $.00 for/by Other Company 5 E911 Automatic Number ID, Location $.00 ID & Selective Routing 6 Combined Automatic Number, $.00 Location ID -Selective Routing Page 5 of AT&T and Customer Confidential Information $120.00 9UL3X $100.00 9UN3X $82.00 9UR3X $130.00 9US3X $100.00 E8Z 1 Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 of 1 RATES AND CHARGES NOTES: The'NOTES' Section of the'RATES AND CHARGES' pages of the existing Pricing Schedule is replaced in its entirety with the following: 1. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month period will require anew Special Service Arrangement. 2. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 3. This Agreement does not cover the following: - damages caused by disasters such as fire, flood, wind, lightning, or earthquake. damages caused by unauthorized disconnects or de -powering of the equipment. damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. damage during shipment other than original shipmentto the Customer. damage caused by consumables or spilled liquids, impact with other objects. damage caused by any other abuse, misuse, mishandling, misapplication. damage caused by software viruses, however introduced. This Agreement does not include hardware or software replacement that maybe required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 4 below, in addition, in the case of damage, loss, theft or destruction of the equipmentor software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition. 4. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer -provided equipment must be clearly marked and listed on a separate worksheet The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non -approved software. 5. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 6. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. Page 6 of AT&T and Customer Confidential Information Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL20-0234-02 Option 1 of 7. SPECIAL TERMSAND CONDITIONS FOR PSAP —LAN CONFIGURATIONS OR INSTALLATIONS CUSTOMER WARRANTS TO AT&T AND ALL 911 EMERGENCY SERVICE USERS THAT THE 911 EQUIPMENTAND/ORSERVICES BEING PROVIDED HEREUNDER, OR PREVIOUSLY SUPPLIED BY AT&T, IS NOT CONNECTED AND WILLNOT BE CONNECTED TO ANY LOCAL AREA NETWORK ("LAN") OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CRIME INFORMATION CENTER NETWORK ("CIC") OR SIMILAR NETWORK; PROVIDED, HOWEVER, THAT CUSTOMER MAY CONNECT SAID EQUIPMENTAND/OR SERMCESTOTHE CICOR SIMILAR NETWORK IF AND ONLY IF SUCH CONNECTION IS EXPRESSLY APPROVED IN WRITING BY AT&T, WHICH APPROVAL SHALL BE IN AT&T'S SOLE DISCRETION. AT&T RELIESON THIS REPRESENTATION BY CUSTOMER IN AGREEING TO INSTALLAN D/OR MAINTAIN SAID EQUIPMENT ANDALL SERVICES THEREON AT&T MAINTAINS A STRICT POLICY ("PSAP NETWORK SECURITY POLICY') THAT IT WILL INSTALL911 EQUIPMENTONLY IN A SECURE PSAP LAN, AND ONLY WHERE SUCH LANS ARE NOT CONNECTED TOANY OTHER COMPUTER NETWORK OUTS I DE OF AT&T'S CONTROL. AT&T WILL NOT INSTALL OR TERMINATE A PSAP LAN TO A FIREWALL. AT&T WILL IDENTIFY THE DEMARCATION POINT FORTHE PSAP LAN, BEYOND WHICH CUSTOMER AGREES THATAT&T IS NOT RESPONSIBLE. IN THE EVENT CUSTOMER CONNECTS ITS PSAP LAN TOANY OTHER COMPUTER NETWORK, CONTRARYTOAT&T'S EXPRESS PSAP NETWORK SECURITY POLICY(WH ICH CUSTOMER ACKNOWLEDGES IT HAS RECEIVED AND READ), AND T HE PSAP LAN IS INFECTED OR DAMAGED AS A RESULT OF SUCH ACTIONS, THEN ALL WARRANTIES, AND MAINTENANCE AND SERVICE PROVISION S OF THIS AGREEMENT SHALL BE NULL AND VOID AND AT&T DISCLAIMS ANY LIABILITY WHATSOEVER RE LATI NG TO ANY PSAP LAN WHICH CU STOMER OR ITS AGENTS CONNECT TO ANY OTHER COMPUTER NETWORK CONTRARY TO T H E PSAP NETWORK SECURITY POLICY. UNDER SUCH CIRCUMSTANCES, AT&T WILL PROVIDE REPAIR SERVICES FORTHE PSAP LAN AT C USTOM E R'S R E QU E ST, WHICH WILL BE BILLED ON A TIME AND MATERIALS BASIS AT AT&T'S THEN -PREVAILING SERVICES RATES. CUSTOMER FURTHERAGREES TO INDEMNIFYAND HOLD AT&T HARMLESS FORANY DAMAGESTOOR CLAIMS BY ANY THIRD PARTY AGAINST AT&T WHICH ARISE IN WHOLE OR IN PART FROMCUSTOMER'S CONNECTION OF TH E 911 EQU I PMENT AN D/OR SERVICES BEING PROVIDED HEREUNDER TO ANY LAN OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CIC. 8. 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 paythe applicable termination charge asstated in this Agreement. The Agreement provisions concerning termination liability shall be inapplicable to anystate, county, parish, or municipal governmental entity when there is in effect, as a result of action by such entity and through a dulyconstituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment forearly termination of a contract by any such entity, or agency th ereof, due to an unavailability of funding. When service is being provided and funding to the governmental entityfor such service becomes unavailable, the governmental entity maycancel 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. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks or service marks contained herein are the property of the respective owners END OF ARRANGEMENT AGREEMENT OPTION 1 Page 7 of 7 AT&T and Customer Confidential Information