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HomeMy WebLinkAboutBell South Special Service Arrangement ESSX@ISDN Service 200101/'29/2~~1 13: 24 •i 2452121 BELL~OIJTH BIJSItJE~S !t's All I-,fere. BellSouth Business Suitc 534 500 N. Orange Rvcnue Orlando, FL 32801 QQ BELLSOUTH T)fiIS FAX I~'CLUDES COVER 1PLUS __ 5 PAGES DATE: 11~onday, January 29, 2001 TO: Joa~n~ne Dalka FAX: 407 327-4753 J'EL: 407 327-5975 )FRO1~7: 7l'on~ Gill PAX: (407) 245-2002 TFL: (407) 245-2135 PAGE ~1 CO1v11v1ENTS: Joanne, Please sign page 4 amid initial the others at the bottom. If you have anv questions, ulease call me at 407 245-2135.__ Thank you. The Information contained in thls facahnlle mcsaa~e ma}' he confidential and/or prlvllegeJ infurmxtian intended for the use of the lodlvldual ur entity names above. If the reader of thl9 me4S4ge is not the intended recipient, you xre hereby notlfSed that any copylog, lit;cmination ar dlscrlburlon of confidential or prlvlleged information Is strictly prohibited. If you have recet~~ed this communlcarlon In error, please notify us Immediately by telephone. Thank you. 91/29/2991 13:24 2452121 BELLSOUTH BIJSItlE~S PAGE 92 SPECIA)(. SERVICtE ARRANGEMENT AGREEIVIEN? Case Number FL00-9505-OU This Special Serti~ice Arrangement Agreement ("Agreement") is by and between $ellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and City of Winter Springs ("Customer or Subsoriber'"), and is entered into pursuant to Tariff Section AS of the General Subscriber Services Tariff. Tlus Agreement is based upon the following terms and conditions a.3 ~vel] as any Attachment(s) affixed and the appropriate lawfully filed and appro~•ed tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to pro~•ide the ser~zce described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described m 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' lav~fully fled and approved tariffs, including but not limited to Section A2 of the General Subscriber Ser~iees Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as maybe made from time to time. A11 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 it; s.ffiliated companies' lawfully filed and approved tariffs. d. 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 Sen-icc, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay alt 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 urork 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 ser~rtce requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable cots associated with its failure to meet its projected service requirements. PRIVATE/PROPRIGT 1RY CONTAINS Pttfv ATE AND/OR PROPRIETARY INFORAfAT10N M.AI' NOT Br USED OR DISCLOSED OUTSIAF THE BF.J,L50iJTx CONPANiE5 exr..r3P'f PURSUAt~'T TO A'.vR1TTFN AGR,EFhfF.NT. Page 1 of 5 Customer Initial '~ ~~~'~-*~ Date 2/15/01 T.141-1.'1 ^ti'1 i-1~ 17•-fit "1 .1 C'7~'-11 ~~:! P . G~? 01/29/2G~01 13: 2a 2a521~1 BELL~OIJTH BIJSIhJE55 PAGE 03 SPECIAL SERVICE ARRANGEMENT AGREEly1ENT Case Number FL00-9505-00 7. (a1 If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in tots Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified b~• tariff, termination charges are defined as all reasonable charges due or remaining as a result of the mintmum service period agreed to by Company and Subscriber and set forth in the Attachment(s). 7. (b) Subscriber further acknowledges that it has options for its telecommwTications services from. pro~zders 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 anal the reseller executes a ~~'rttten 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 seivlces purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled netvork elements, Subscriber well be billed, as appropriate, termination charges as speci.ficd in this Agreement. 8. This Agreement shall be construed i.n accordance with the laws of the State of Florida. 9. Except as otherwise provided rn 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 chance the name and address to whom all notices or other documents required under thts Agreement must be sent at any time by gtving written notice to the other party. Company BellSouth Teleconuriunications, Inc. Assistant Vice President 500 N. Orange Ave Rm 534 Orlando, F1.32801 Subscriber City of Winter .Springs 1000 E. S.R. 434 \~'inter Springs, Fh 32708 1 U. Subscriber triay not assign its rights or obligations under this Agreement without the express «Titten consent of Company and only pursuant to the conditions contained in the appropriate tariff. PRIV 1TGrPROPRIETAP.Y CONTAINS PRT"`'ATE AND.~OR PROPRIETARY INFOR,titAT10N MAY NOT BE USED OR D[SCLOSED OUTSIpE T~fF DF.T.T.$OUTII COhiPAIJIL-5 6YCF.PT Pi_;RjT)ANT TO A wRITTC•N AOREElvfENT Page 2 of 5 ~~ Customer Initials o •i/' ~ Date 2 / 15 / O 1 TArd-?~-?nai ice:?~ ?v5?t?i 95i P.03 F~1/?9/?_G~FJ1 13: 2a 2x52121 BELLSOUTH BUSINESS PAGE ~a SPECIAL SERVICE ARRAI~GEM~INT AGItEENIENT Casc Number FL00-9505-00 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 inoperatwe to the extent of such invalidity, illegality, or unenforceabilityxnd t}te remainder of this Agreement Shall continue in full force and effect. PRNATEIPROPRJFTARY CONTAINS PRl`'ATE AND/UR PROPRfETARY INFORtitAT10N nfA1' NOT BP USED UR D15CIASED Oi!TSIDE THE F3ELLSOUTH COMPANIES EXr_EPT PUR51!ANT TO .4 WRITTEN AGRF~ME1dT. Pflgr. ~ of 5 Customer Initials /1~~ ~;~,~.,„o Date 2/15/01 Tn~ ~_-io_-inn ~ ~ ~ • '~o '7q~'~1 71 `~(:~% P . ©.a 01/29/2001 13:24 2452121 BELLSOUTH BUSINESS PAGE 05 SPECIAL SERv";<CE ARRANGEIVICE.NT .~.GREEAiENT' Case Number FL00-9505-00 Option 1 of 2 This rate is valid through: 03108/2001. Estimated service interval follow•lno acceptance date: 6 w-erks. Scn•ice description: hates and charges to provide ESSX~ ISDN servue Loop Access Mileage for station links located 8.5 miles from the solving ~vlre center central office. Tvfonth to month payment plan. '8~A11 trademarks and sertiice marks contained herein are the property of BellSouth Intellectual Property Corporation. IN WITNESS V6'HEREOF, the parties hereto have caused this AgTCCment to be executed by their du]y authorized representatives on the dates set forth below. Accepted by: Subscriber: City of Winter Springs Authorized Signature Panted Name: Ronald W. McLemore Title: City Manager Date: 2 / 1 / O 1 Company: BellSouth Telecommunications, Inc. ay: _ A rized Signature Panted Name:~h~r P. ~~'?~ Ti~e~' Assistant Vice President Date: 2 , Z~ . 01 ___ PRiV ATElP ROPRIETARI' rONTA1NS PRI~'ATF_ ANDlOR PROPRIETARY 1*1PORbiATION ~1AY NOT $F iJSED OR DISCLOSED OUT5IDF THE BELLSUUTH COMPANIES EXCEPT PURSUANT TO A ~VRITTI:N AGREEMENT Ptgc 4 of 5 Cl1StOnler Ir11t1a15 Q'~'~ f/• ._~ Date 2 / 1 / O 1 TO~.I-'~~-'~(1f.11 1 ~ ~ '7Q ~4S'~ 1 71 ~5i; P. DS ~1/29I2~~J1 13:24 2452121 BELLSOUTH BUSIhJESS PAGE 05 . , ~ SPECIAL SER'4"ICE ARRANGEMENT ~, ` ~ AGREEMENT Case Number P'I.00-9505-00 ' Option 1 of Z RAI")uS AND CHARGES Rate Element Non-Recurrin>' Monthly Rate CtSOC 1. ESS~.~ ISDN service Loop Access $.00 $47.20 Mileage (aj 8.5 miles (Notes 1 & 2j 2. Contra.et Preparation Charge 5153.00 WGGVF (a) One time charge per Arrangement Agreement NOTES: l .Tariff rates, charges, and regulations for ESSX~ ISDN service as specified in Al 12.1 fi of the GSST are in addition to the rates and charges listed herein. 2. The rates and charges listed herein are in lieu of the ESS;C,13~ ISDN tariff USOC for ISDN Loop Access Mileage, USOC 1 LDLN. All trademarks and serti"ice marks contained herein are the property of BellSouth Intellectual Propert}~ Corporation. END OF ARRANGEMENT AGR)h;E1vIENT OPTION 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTN COMPANIES EXCcPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of S Customer Initials ,//~+~~~.- Date 2/1/01 7AhJ-?9-?OD 1 1? : ?9 ?4j? 1? 1 95;; P.~b