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Home My WebLink About2000-012• 40 v SPECIAL SERVICE; ARRANGEMENT AGREEMENT Case Number F1,99-7695-01 This Special Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a HellSouth, ("Company") and Indian River County ("Custorner or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services'lariff. This Agreement is based upon the following terms and conditions as well as any Attachrrrent(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 5. II Sukt: Iber cancelli this Agreement prior to the completed installation of the Service, but y, after the execution of this Agrcement 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 t,., (..ompany. N-:)I%vithstawimr,, the foregoing, such rcascnabl,, costs sha:l 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 the Anachment(s) 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 i projected service requirements. PRIVATEIPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I or Customer Initials Date 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide tire service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions a'; described in the Attachment(s) ("Service") The rates, charges, and conditions described in the Attachment(s) are binding upon Company and Subscriber for the duration of this Agreement, For the purposes of the effectiveness of the term; 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 th,, service is completed. i j 2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation r,f the Service. Subscriber agrees to be responsible for all rates, charge!, and conditions for such tariffed services. :i. 'I his 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 tilt. (icnerarl 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. The tariff shall supr.rsedc any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicu with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs A. This Agreement may lit, 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. II Sukt: Iber cancelli this Agreement prior to the completed installation of the Service, but y, after the execution of this Agrcement 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 t,., (..ompany. N-:)I%vithstawimr,, the foregoing, such rcascnabl,, costs sha:l 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 the Anachment(s) 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 i projected service requirements. PRIVATEIPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I or Customer Initials Date 40 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 1 within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/Ok PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of 5 Customer Initials Date SPECIAL SERVICE. ARRANGEMENT AGREEMENT Case Number F1,99-7695.01 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 char Fes. due Unless otherwise specified by tariff, termination charges are defined as all reasonable charges or remaining as a result of the minimum service period agreed to by Company and Subscriber and sett forth in the Attachment(s). 7. (b) Subscriber further acknowledge,; that it has options for its telecommunications services from providers other than BellSouth and that, it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of IkIlSouth local services and the rc•;ellcr 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 faik 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 of a service provider that utilizes unbundled network element,,, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8. This Agreernent shall be construed in accordance with the laws of the State of Florida 9. Except m otherwise provided in this Agreement, w)trces required to be given pursuant to this Agreement shall be effective when received, and shall he Sufficient if given in witting, hand delivered, or United Statcs mail, postage prepaid, addressed to the appropriate party at the address set forth below. Hither party hereto may change the name and address to whom all notices or other document, required under thi, Agreement must be sent at any time by hiving written notice to the other party. Company BellSouth Telecommunications, Inc. Assistant Vice ['resident 701 Northpoint I'kw),, Suite 400 :rest Palm Beach, FI. 33407 Subscriber -------------- Indian River Count,), 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 1 within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/Ok PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of 5 Customer Initials Date El 40 • • SPECIAL. SERVICE ARRANGEMENT AGREEMENT Case Number FL99-7695-01 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. PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE TUE DELLSOUTII COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Pagc 3 or 5 Customer Initials Date 40 • i SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number F1,99-7695-01 Option 1 of 1 `this rate is valid through: 4/14/00. Estimated service interval following acccptance date: Negotiable week,. Service description: This Special Service Arrangement provides Positron Industries, Inc. TDD Express Part 9912112/8), This Agreement i,. for sixty (60) months. The scrvicc interval will be negotiated. IN WI IVI?'i`; WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the cntc . sct forth t> -kw. Accepted by: Subscriber: Indian River County Authorized Signature I'rintr-dNnmc: Fran R Adams 'I itle: C h a i r m a n Date: January 11 2000 _. Company: BellSouth Telecommunications, Inc. By: _ - Al Authorized Sin u Printed Name: vL' Title: Assistant ice President Date: I/ S/ c PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 4 of � Customer Initials Date • • • SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL99-7695-01 Option I of I RATES AND CHARGES (tate Elcment Non•RccurriU USOC I Contract Preparation Charge 5283.00 S.00 2. Express TDI) with Display, Printer and $193.00 S23.00 Battery - Part 11912112/8 a) cacti NOTES: 'termination l..iability: A termination liability charge will be applicable if the equipment or service provided under this Agreement is disconnected prior to the end of the 60 month term. The applicable charge is equal to the nurnfaer of montlr: remaining in the Agreement term times eighty percent (80%) of the monthly rttt., provided under this Agreement. Non -appropriation of funds: Subscriber covenant:: that the service hereunder is of essential use to its proper, efficient, and economic operation. Despite the forcgoing„ in the event fund, arc not available to the Subscriber from funds appropriated to the Subs>crilxr by the county, state of Florida or from other sources, to make any paymcnts clue. during the initial term or any renewal term of this Agreement, then the Subscriber shall have the option to terminate this Agreement. In the event the Subscriber exercise,. its option to terminate given under this paragraph, or under any paragraph in this Agreement, there -,hall be no obligation on the Subscriber to pay any further payments due hereunder and this Agreement shall become null and void upon tht mailing of the notice of termination. No right of action or damage shall thereafter accrue to the benefit of Subscriber, its successors and assignees, for any further paymcnts. "there shall also be no acceleration of any further payments due hereunder or like obligation of Subscriber by reason of termination of this Agreement, nor shall any penalties b L assessed against Subscriber therefore. Rates and charges herein are in addition to applicable tariff rates and charges. Rules and regulations of the tariff apply. END OF ARRANGEMENT AGRFFMF.N'i, O'TION I PRIVATEMROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISC:OSED OUTSIDE THE nELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 OF Customer Initials Dat: 40 • • SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL99-7695-01 Option I of I RATES AND CHARGES Kate Element Non-Kecurrin Monlhly Kate USOC I Contract Preparation Charge 5283.00 S.00 2. Express TDD with Display, 1'rintcr and S193.00 523.00 Battery - Part 99 1 2 1 1 2/8 a) each NOTES: 'I'crmination Liability: A termination liability charge will be applicable if the equipmenr or service provided under this Agreement is disconnected prior to the end of the 60 month term. The applicable charge is equal to tore number of months remaining in the Agreement term times eighty percent (803:) of the monthly rates provided under thi Agreement.. Nun -appropriation of funds: Sub!;criber covenant; that the servict hereunder r. of esscntiAl a .e to its proper, efficient, and cconnrnic operation. Despite the foregoing, in the event fund; arc not available to the Subscriber from funds appropriated to the Subwriber by the county, state of Florida or from other sources, to make any payments clue during [tie initial term or arty renewal term of this Agreement, then the Subscriber shall have the option to terminate this Agreement. In the event the Subscriber exercises its option to terminate given under this paragraph, or under any paragraph in this Agreement, there shall be no obligation on the Subscriber to pay any further payments due hereunder and this Agreement shall become null and void upon btu mailing of the notice of termination. No right of action or darnagc shall thereafter accrete to the benefit of Subscriber, Its successors and assignees, for any further payments. There shall also be no acceleration of any further payments due hereunder or like obligation of Subscriber by reason of termination of this Agreement, nor shall any penalties be assessed against Subscriber therefore. Rates and charges herein are in addition to applicable tariff rates and charges. Rules and regulations of the tariff apply. END OF ARRANGEMENT AGRFFMFNT 0'_'TJ0N I PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISC'-OSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 ors Customer Initials Date /16 Indian River County Task 02 — Gifford Area Stormwater Improvements • WORK ORDER NO.4 TO THE PROFESSIONAL CIVIL SERVICES MASTER AGREEMENT BETWEEN CARTER ASSOCIATES, INC., DATED AUGUST 4,1998 AND INDIAN RIVER COUNTY, FLORIDA Pursuant to the Professional Services Agreement dated August 4, 1998, by and between Indian River • County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and CARTER ASSOCIATES, INC., (C,A,I.) VERO BEACH, FLORIDA, hereinafter referred to as the ENGINEER, this • Work Order No. 4 is an extension of and hereby becomes a part of the MASTER AGREEMENT as follows: SF;CTION I - PROJECT LIMI'T'S AND DESCRIPTION These services will include final design, permitting, and construction plan preparation for the Gifford Area Stormwater project, The Gifford Area Stormwater Improvement Project consists of the construction of a lake and swales which will provide floral control and Stormwater quality treatment fora porion of Clifford lying east of the one mile coastal ridge. The limits of the work is the east ( iifford Watershed north of 41" Street, east of the one rnile coastal ridge (approximately 26"' to 28'"' Avenue), south of 43" Street, and west of US Hwy. I, including connecting tributaries, The commiLtion package of plans and specifications to be provided to the County for use in con%trusting the work will include the following work items. The work will h: installed by a cornhimatinn of County foreea and a Contractor Sclected through a bid prows.,.. hr addition, CAI will provide technical assistance to the County in their preparation of a F.D.O.T. Joint Projcet Aprw rn+:nt 0.11.A.) for this project. I. Prole, t work items include: A. Swale/Pipe Conveyance Sysfvrn from 42sd Place south along 24" Avenue to the proposed wet detention hake. Note, from the south terminus of 24's Avenue wht-:rf-way, the Swale will traverm-- sonx- 3%t I.T. on private properties before reaching the 42" Street right -of -way - If Wut Dri ntion Lake t:r,ri%i%ting of four (4) f acres of water surface area. two (2) f acres of perimetcr buffer, and an overflow %tructure. C. Overflow discharge pipe conveyance system from the fake east along 41" Street to etre existing pips- under (I.S. Ifwy. Nn, 1. A jack and bore crossing under the F.E.C. Railroad is included in this segment of the work. 1). Swale/Pipe 0mveyance System along the western limits of the U.S. Hwy. No. I right of -way, The Swale/pipe system will extend approximately 2(XX) feet north from .11" Street. I., Off site mitigation plan irnprovernents to be constructed on the county owned properly near Vern Shores Subdivision. SECTION Ii - COUNTY 01-ILIC,ATIONS The COUNTY agrees to provide the ENGINEER with the following material, data or services as required in connection with the work to be performed under this Agreement: A. Currently available drainage studies, survey drawings, plans, calculations and other data pertinent to the project. B. Title information and title opinion relating to land necessary for the project. C. Landowner authorizations to inspect and enter onto the site(s). D. Landowner negotiations to acquire property, easements and/or right-of-way necessary for the project. J:\CYN\ENGPROAIRCSionnwirMgmtlmprove\IRC-WORK ORDr.R NOA-Gifford.doc Page 1 of 5