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Home My WebLink AboutAgreement C#FL03833300 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-8333-00 - This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc" a Georgia corporation, d/b/a BellSouth, ("Company") and City of Miami Beach ("Customer or Subscriber"), and is entered into pursuant to Tariff S::ction B5 of the Private Line 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 ofthe 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 awropriate 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, PRIV A TE/PROPRlET ARY CONT AlNS PRIVATE AND/OR PROPRIETARY lNFORMA TlON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I of6 Customer Initials Date r CONTRACTSER~CEARRANGEMENT AGREEMENT Case Number FL03-8333-00 _. 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, r Comoanv BellSouth Telecommunications, Inc, Assistant Vice President 7650 NW 19th St Miami, FL 33126 Subscriber City of Miami Beach 11 00 Washington A v Miami Beach, FL 33139 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, PRlV A TElPROPRlET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of6 Customer Initials Date r CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-8333-00 ..- 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 inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. ,,- PRlV A TElPROPRlET ARY CONTAINS PRlV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 3 of6 Customer Initials Date ,,- CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-8333-00 Option 3 of 3 Offer Expiration: This offer shall expire on: 1011/03, ,.-- Estimated service interval following acceptance date: Negotiable weeks, Service description: This Contract Service Arrangement (CSA) provides for MegaLink@ service, This Agreement is for forty-eight (48) months, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their dulyautho 'zed representatives on the dates set forth below, Printed Name: David Dermer. Mayor ATTEST:~~ p~ Ro ert Parcher. ~ty erk Dare: October 7. 2003 r By: uthoriz Signature Printed Name: _A t.l d M. (!J 4- c- /I- ( I 4""0 Title: 5' A \ -e. c; A;( fl- ..J A G ..,~~ Date: Of - 2J 0 - 0 ,j PRIV A TElPROPRlETARY _ ___<2QN.Ieo!N~.e.~ TE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE APPROVeD A8 ~ELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTIEN AGREEMENT. FORM & LANGUAGE & FOR EXECUTION Page 4 of6 Customer Initials ,.-- ;1jJM~II!~ ... '-'YY- d) ~ Date Date . CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-8333-00 Option 3 of 3 RATES AND CHARGES ~ Non-Recurring Monthly Rate USOC Rate Element 1. MegaLink@ Service Establishment Charge, per entire MegaLink@ $,00 $,00 MGLSE 2, MegaLink@ service, Digital Local Channel, first 1/2 mile $,00 $80,79 lLDPZ 3, MegaLink@ service, Digital Local Channel, each additional 1/2 mile $,00 $36,55 lLDPA 4, Clear channel capability, per MegaLink@ service channel optioned as Extended Superframe Format (SF), at initial installation $,00 $,00 CCOEF 5, MegaLink@ service, premises visit, per visit $,00 $.00 MGLPV ,,-- PRIV ATElPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of6 r- Customer Initials Date CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-8333-00 Option 3 of 3 RATES AND CHARGES r- NOTES: All applicable rates and regulations for this service as set forth in the Private Line Services Tariff and the General Subscriber Service Tariff are in addition to the rates and regulations contained in this CSA, These rates and charges include the rate elements that have been specifically discounted, Other rate elements that are used in the provision of the service may not have been listed but can be found in the appropriate BellSouth tariff, The following nonrecurring charges will not apply upon initial installation, However, if any of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability, USOC NONRECURRING CHARGE WGGVF-Contract Preparation Charge $219,00 MGLSE $575,00, each 1LDPZ $350,00, each MGLPV $ 40,00, each All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. r- END OF ARRANGEMENT AGREEMENT OPTION 3 PRlV A TElPROPRlET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page6of6 Customer Initials Date r