HomeMy WebLinkAbout2003-197 � N A L
CONTRACT SERVICE ARRANGEMENT �f Icg_ v 44
AGREEMENT Case Number FL03 - 8883 -01 Xe _ J
This Contract Service Arrangement Agreement ( " Agreement " ) is by and between BellSouth 03 - / 97
Telecommunications, Inc . , a Georgia corporation, d/b/a BellSouth, ( " Company " ) and Indian
River County-Board of County Commissioners ( "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 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 the Attachment(s) at the monthly and nonrecurring rates, charges,
and conditions as 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 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 . Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed
services required for the installation of the Service . Subscriber agrees to be responsible for all
rates, charges, and conditions for such tariffed services .
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 . The tariff
shall supersede any conflicting provisions of this Agreement, with the exception of the rates and
charges herein, in the event any part of this Agreement conflicts with terms and conditions of
Company' s or any of its affiliated companies' lawfully filed and approved tariffs .
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 the Attachment(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
projected service requirements .
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 I of 8
Customer Initials
Date 08 - 12 - 03
1
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 -8883 -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 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 the Attachment(s) .
7 . (b) Subscriber further acknowledges 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
BellSouth 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.
Comnanv
BellSouth Telecommunications, Inc .
Assistant Vice President
701 Northpoint Pkwy. , #400
West Palm Beach, FL 33407
Subscriber
Indian River County-Board of County Commissioners
1840 25th 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.
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 2 of 8
Customer Initials
Date 08 - 12 - 03
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 -8883 - 01
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.
PRIVATE/PROPRIETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED UTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMEN .
Page 3 of 8
Customer Initials
D 08 - 12 - 03
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 - 8883 - 01
Offer Expiration : This offer shall expire on : 11 /9/2003 . Option 2 of 2
Estimated service interval following acceptance date : Negotiable weeks .
Service description :
This Contract Service Arrangement (CSA) provides BellSouth® Primary Rate ISDN -
Voice/Data ( Standard) (minimum number of B -Channels per PRI required) and Flat Rate
IntraLATA Toll Service .
This Agreement provides for a service period of forty-nine (49) to seventy-two (72) months .
This Agreement is for 49 months .
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-Board of County Commissioners
By :
uthorized Signiiture intim Hiwr cn _ ,ars � d Date
Printed Name : Kenneth R . Macht
Admin,
Legal
Title : Chairman Buagel
Dept. ; . ✓C
Date : August 12 , 2003 FRisk Mgr .
Company :
BellSouth Telecommunications, Inc .
By : BellSouth Business Systems, Inc .
By : 5 000�
Authorized Signature
Printed Name : r 74_M?C � �-h.
�- / ekto3rAj f
Title : f ec.4 r, i c J Ui/�[ 4C /Y19 !e r..
Date :
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 8
Customer Initials 0004
Date 08 - 2 . 03
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 - 8883 - 01
Option 2 of 2
RATES AND CHARGES
Rate Element Non-Recurring Monthly Rate USOC
1 . BellSouth® Primary Rate ISDN Access $ . 00 $ 120 . 00 ILDIE
Line, each
2 . BellSouth® Primary Rate ISDN Interface, $ . 00 $340 . 00 PR71V
each
-Voice/Data ( Standard)
3 . BellSouth® Primary Rate ISDN B- Channels, $ . 00 $ 12 . 00 PR713V
each
-Voice/Data ( Standard)
4 . Telephone Numbers for Flat Rate $ . 00 $ . 20 PR7TF
BellSouth® Primary Rate ISDN Voice/Data
( Standard), Per telephone number requested
inward and 2-way
5 . BellSouth® Primary Rate ISDN, Calling $ . 00 $69 . 00 PR7CN
Name Delivery Feature
-Per Primary Rate Interface
6 . Flat Rate IntraLATA Toll Service $ . 00 $ 100 . 00 WCCOG
30 , 000 Minutes Per Month Plan, Per Plan
-Overage rate of $ . 039 per minute of use
( See Note 7)
7 . Flat Rate IntraLATA Toll Service $ . 00 $ 100 . 00 WCCPN
30, 000 Minutes Per Month Plan, Per Plan
(See Note 7)
Rate Element Usage Charge USOC
8 . Expanded Local WatsSaver, per minute $ . 00 W002P
9 . Outside Expanded Local WatsSaver, per $ . 00 WWWIF
minute
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 5 of 8
Customer Initials
Date 08 - 12 - 03
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 - 8883 -01
Option 2 of 2
RATES AND CHARGES
Rate Element Usage Charge USOC
9 .
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 6 of 8
Customer Initials ,
Date 08 - 12 - 0
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 -8883 - 01
RATES AND CHARGES Option 2 of 2
NOTES .
1 . All applicable rates and regulations for BellSouth® Primary Rate ISDN as set forth in the
General Subscriber Services Tariff are in addition to the rates and regulations contained in this
Contract Service Arrangement with the exception that volume discounts as outlined in the tariff
do not apply.
2 . A Termination Liability Charge is applicable if service is terminated prior to expiration of this
Agreement. The applicable charge is dependent on the service period subscribed to and will be
equal to the number of months remaining in the service period times the monthly rate provided
under this Agreement.
3 . Nonrecurring charges associated with this Agreement shall not apply. However, if all or any
part of the service is disconnected prior to the expiration of this Agreement, then the Subscriber
will pay full nonrecurring charges as identified below in addition to applicable termination
liability charges :
PRI Access Line 1 LD 1 E $ 875 . 00 each
PRI Interface , Voice/Data (Standard) PR71 V $ 110 . 00 each
PRI B -Channels, Voice/Data (Standard) PR7BV $ 5 . 00 each
Furthermore, if Customer disconnects all service offered on this Agreement, then a Contract
Preparation Charge applies in the amount of $218 . 00 in addition to applicable termination
liability charges .
4 . Apply five End User Common Line Charges for each PRI Interface .
5 . Other rate elements used in the provision of the service may not have been listed herein, but
can be found in the appropriate BellSouth tariff.
6 . Customer is responsible for miscellaneous charges when applicable . (Examples are local ,
state, and federal taxes ; Universal Service Fund charge ; End User Common Line charge ; etc .)
7 . The Customer is purchasing Flat Rate IntraLATA Toll Service, 30 , 000 Minutes Per Month
Plan, Per Plan, Overage rate of $ . 039 per minute of use . The Customer will not be subject to
overage charges for intraLATA toll usage until after December 1 , 2003 . The Customer will
instead be billed for Flat Rate IntraLATA Toll Service, 30, 000 Minutes Per Month Plan, Per Plan
until December 1 , 2003 . The Customer must retain and agrees to pay for the minimum number of
17 B -Channels per PRI required for the Flat Rate IntraLATA Toll Service, 30, 000 Minutes Per
Month Plan for the term of this Agreement.
8 . No call detail for expanded local or intraLATA toll is provided with this plan until the
Company commences billing of the Overage rate to the Customer.
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 7 of 8
Customer Initials
Date 08 - 12 - 03
CONTRACT SERVICE ARRANGEMENT
AGREEMENT Case Number FL03 - 8883 -01
Option 2 of 2
All trademarks and service marks contained herein are the property of BellSouth Intellectual
Property Corporation .
END OF ARRANGEMENT AGREEMENT OPTION 2
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 8 of 8
Customer Initials
Date 08 - 12 - 03