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Home My WebLink AboutCity of Tamarac Resolution R-2005-113Temp Reso# 10737 June 1, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- 113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CONTRACT SERVICE ARRANGEMENT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC. FOR THE PROVISION AND MAINTENANCE OF ONE (1) NEW PRIMARY ISDN (PRI) AT FIRE STATION 15 AND FOR THE MAINTENANCE OF THE EXISTING CITY HALL PRIMARY RATE ISDN (PRI) SERVICE AT A COST OF $1,579.70 PER MONTH FOR A PERIOD OF FORTY NINE MONTHS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is currently using one (1) PrimaryRate ISDN (PRI) circuit to provide enhancements to the telecommunications services at City Hall at a cost of $1,150.15; and WHEREAS, the City will implement a new Voice Telecommunications Network that will result in the elimination of most individual lines within the City; and WHEREAS, some individual lines will still be required to accommodate analog fax machines, which cannot be directly linked to the new telecommunications network because of the technology utilized by those machines; and WHEREAS, it is desirable to have backup lines in place to provide redundancy in the event of a network outage due to technological or natural forces; and WHEREAS, all of the requirements for analog fax machines and backup lines can be accommodated through the provision of two (2) PRI circuits; and WHEREAS, the City currently has one (1) PRI circuit at City Hall that allows 23 channels of independent incoming and outgoing telephone traffic at any given time; and Temp Reso# 10737 June 1, 2005 Page 2 WHEREAS, Fire Station 15 currently serves as the City's EOC; and WHEREAS; it is desirable to have a second PRI housed at the EOC; and WHEREAS, the City selected outside telecommunication vendor is BellSouth Telecommunications, Inc.; and WHEREAS, in order to ensure compatibility with existing equipment, and continuity of service, it is in the best interest of the City to continue to utilize the services of BellSouth for the provision of the PRI circuits; and WHEREAS, BellSouth has provided a proposal that combines the acquisition and maintenance on the proposed PRI at Fire Station 15 with the maintenance of the current PRI located at City Hall, for a monthly cost of $1,579.70 for a contract term of 49 months; and WHEREAS, The Director of Information Technology and the Purchasing and Contracts Manager recommend that the appropriate City officials execute a Contract Service Arrangement Agreement with BellSouth Telecommunications, Inc for a monthly cost of $1,579.70 for a contract term of 49 months; and WHEREAS, funding for this service is available in the appropriate telephone/ telecommunications accounts; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the contract service arrangement agreement with BellSouth Telecommunications, Inc. to maintain the existing PRI service at City Hall and to install and maintain a new PRI circuit at Fire Station 15 at a cost of $1,579.70 per month for a period of 49 months. 1 u Temp Reso# 10737 June 1, 2005 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: Appropriate City Officials are hereby authorized to execute the Contract Service Arrangement Agreement from BellSouth Telecommunications Inc. attached hereto as Exhibit "A" to maintain the existing PRI service at City Hall and to install and maintain a new PRI circuit at Fire Station 15 at a cost of $1,579.70 per month for a period of SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: passage and adoption. Temp Reso# 10737 June 1, 2005 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this nd day of J Lx) e. , 2005. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOR INTERIM CITY ATTORNEY OE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER Air- DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 11 1 1 Exhibit "A" City of Tamarac Description _ Quantity Installation Monthly BellSouth Primary Rate 1SDN (FL) Exchange: POMPANO BEACH (Rate Group 12) Payment Term. 49 to 72 Months Serving Arrangement. Local Serving Office Rate Plan: Flat Rate Access Line Interface - Voice/Data (Standard) B-Channels - Voice/Data (Standard) D-Channels - Voice/Data (Standard) Telephone Numbers for Voice/Data and Digital Data Inward/2-way Overflow Feature for Voicc/Data Arrangements 1 $875.00 $120.00 1 $110.00 $340.00 23 $115.00 $948.75 1 $0.00 $0.00 300 1 End User Common Line (EUCL) 5 Telecommunications Relay Service 5 Excess Line Port Charge - PRI 1 Federal Universal Service Charge - PRI I Circuit Location #1 Address: 7525 NPine Island Rd Serving CO. PMBHFLTADSO (9541721) - BellSouth Telecomm, Inc. - FL *Rates quoted for this product are based on TarifSections A42.3 (GSST), 4.7 (FCC 1). BellSouth Primary Rate ISDN #2 (FL) Exchange: POMPANO BEACH (Rate Group 12) Payment Term. 49 to 72 Months Serving Arrangement. Local Serving Office Rate Plan: Flat Rate Access Line Interface - Voice/Data (Standard) B-Channels - Voice/Data (Standard) D-Channels - Voice/Data (Standard) Telephone Numbers for Voice/Data and Digital Data Inward/2-way Overflow Feature for Voice/Data Arrangements End User Common Line (EUCL) Telecommunications Relay Service Excess Line Port Charge - PRI Federal Universal Service Charge - PRI Circuit Location #1 Address: 6000 Hiatus Rd Serving CO. PMBHFLTADSO (9541721) - BellSouth Telecomm, Inc. - FL 23 1 $0.00 $100.00 $0.00 $0.00 $0.00 $0.00 $875.00 $110.00 $115.00 $0.00 $60.00 $25.00 $33.80 $0.75 $14.00 $6.20 $120.00 $340.00 $948.75 $0.00 1 $0.00 $0.20 1 $100.00 $25,00 5 $0.00 $33.80 5 $0.00 $0.75 1 $0.00 $14.00 1 $0.00 $6.20 Prepared By CathyGraveline (954)838-1723 Quote Number BBSO40519145402 This Quote is valid 30 days from last revision dateQS/26/2005 Federal, State and Local tax not included. t y At The information contained in this proposal Is proprietary to BellSouth and is offered solely for the purpos @ BELL v TH of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Ureatea by cluatebXpert Page: 1 Printed:0612612006 1 City of Tamarac Description Quantity Installation Month! *Rates quoted for this product are based on TariffSections A42.3 (GSST), 4.7 (FCC I). Custom Entry (FL) Description: Contract Service Arrangement FLOS-5007-02 *The Custom Entry portion of this quote has been manually entered and is subject to verification Installation Waiver Installation Waiver Installation Waiver, Discounted Monthly Charge Installation Waiver, Monthly Recurring Waiver 1,000 minutes intraLATA toll service* 2,500 minutes intraLATA toll service* *overage rate of$0.045 per minute of use BellSouth Primary Rate ISDN (FL) CKL # 7 City Hall 7525 N Pine Island Rd Tamarac, FL BellSouth Primary Rate ISDN #2_(FL) CKL # 1 Fire Station 15 6000 Hiatus Rd Tamarac, FL Custom Ent FL 2 ($1,750.00) $0.00 2 ($220.00) $0.00 46 ($230.00) ($1,437.50) 2 ($200.00) ($50.00) 1 $0.00 $10.00 1 $0.00 $20.00 1 $0.00 $0.00 Total Installation $0.00 Total Wnthly $1,579.70 Prepared By Cathy G raveline (954)839-1723 Quote Number BBSO40519145402 This Quote is valid 30 days &amlast revision date05/26/2005 Federal, State and Local taxnot included. @ BELL f („/ THM The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. This quote is subject to the availability of the services set forth above. Created by 4uoteExpert Page: 2 enmea: uowcotzuun 2 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007-03 This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and CITY OF TAMARAC ("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. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement 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. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 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. Except for the expressed rates, charges, terms and conditions herein, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. d. This Agreement maybe 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. The rates, charges, and conditions described in this Agreement 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. 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 far 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 this Agreement. 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 1 of 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-5007-03 (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company 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. Company BellSouth Telecommunications, Inc. Assistant Vice President 13450 W Sunrise Blvd, Suit 600 Sunrise, FL 33323 Subscriber CITY OF TAMARAC ATTN: CITY MANAGER, 7525 NW 88TH AVE TAMARAC, FL 33321 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 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. 12. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 13. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 14. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company I9N\%V0IN:TeRi3INIF41IWA 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 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007-03 organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. 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 3 of 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007.03 Option 2 of 2 Offer Expiration: This offer shall expire on: 10/3/2005, 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, 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 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007-03 Option 2 of 2 IN WITNESS WHEREON, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: CITY ON TAMARAC By: t 17C45'44 Authorized S' ature u) Printed Name: � �� etf 1' • /tit Title: G/ Ll r ,Atm.Gle-0-0 Date: Z" Company: BellSouth Telecommunications, Inc. By: BellSouth Business Systems, Inc. By: T Authorized Signature _ / Printed Name: "'4 c Title:� Date: S IQN\%141Mg601U31:6IG\ & 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 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007-03 Option 2 of 2 RATES AND CHARGES Rate Elements Non -Recurring Monthly Rate USOC 1 BellSouth® Primary Rate ISDN Access $.00 $120,00 1 LD I E Line, each 2 BellSouth® Primary Rate ISDN Interface, $.00 $340.00 PR71 V each -Voice/Data (Standard) 3 BellSouth® Primary Rate ISDN B- $.00 $9,00 PR7BV Channels, each -Voice/Data (Standard) 4 BellSouth® Primary Rate ISDN, PRI $.00 $.00 PR70F Overflow Feature for Voice/Data Arrangements, each 5 Telephone Numbers for Flat Rate $.00 $0.20 PR7TF BellSouth® Primary Rate ISDN Voice/Data (Standard), Per telephone number requested inward and 2-way 6 BellSouth® Primary Rate ISDN, Calling $.00 $69.00 PR7CN Name Delivery Feature -Per Primary Rate Interface 7 Flat Rate IntraLATA Toll Service $.00 $10.00 WCCOB 1,000 Minutes Per Month Plan, Per Plan -Overage rate of $.045 per minute of use (See Note 7) 8 Flat Rate IntraLATA Toll Service $.00 $10.00 WCCP1 1,000 Minutes Per Month Plan, Per Plan (See Note 7) 9 Flat Rate IntraLATA Toll Service $.00 $20.00 WCCOC 2,500 Minutes Per Month Plan, Per Plan -Overage rate of $.045 per minute of use (See Note 7) 10 Flat Rate IntraLATA Toll Service $.00 $20.00 WCCP3 2,500 Minutes Per Month Plan, Per Plan (See Note 7) Rate Elements Usage Charge USOC I I Expanded Local WatsSaver, per minute $.00 W002P 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 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007-03 Option 2 of 2 RATES AND CHARGES 12 Outside Expanded Local WatsSaver, per $.00 minute Rate Elements Non -Recurring Monthly Rate 13 BellSouth® Primary Rate ISDN, $.00 $.00 additional Route Index for overflow arrangement, per arrangement PRIVATEIPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. WWW]F Page 7 of 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-5007-03 Option 2 of 2 RATES AND CHARGES 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 1LD1E $875.00 each PRI Interface, Voice/Data (Standard) PR71V $110.00 each PRI B-Channels, Voice/Data (Standard) PR713V $ 5.00 each Furthermore, if Customer disconnects all service offered on this Agreement, then a Contract Preparation Charge applies in the amount of $223.00 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, 1,000 Minutes Per Month Plan, Per Plan, Overage rate of $.045 per minute of use. The Customer will not be subject to overage charges for intraLATA toll usage until some date after June 30, 2005, The Customer will only be billed for Flat Rate IntraLATA Toll Service, 1,000 Minutes Per Month Plan, Per Plan via USOC WCCPI until June 30, 2005 or later date specified by Company. After June 30, 2005 or later date specified by Company, the Customer will be subject to overage charges for intraLATA toll usage and will be billed via USOC WCCOB. The Customer must retain and agrees to pay for the minimum number of 10 B-Channels per PRI required for the Flat Rate IntraLATA Toll Service, 1,000 Minutes Per Month Plan for the term of this Agreement. 8. The Customer is purchasing Flat Rate IntraLATA Toll Service, 2,000 Minutes Per Month Plan, Per Plan, Overage rate of $.045 per minute of use. The Customer will not be subject to overage charges for intraLATA toll usage until some date after June 30, 2005. The Customer will only be billed for Flat Rate IntraLATA Toll Service, 2,000 Minutes Per Month Plan, Per Plan via USOC WCCPI until June 30, 2005 or later date specified by Company. After June 30, 2005 or later date specified by Company, the Customer will be subject to overage charges for intraLATA toll usage and will be billed via USOC WCCOC. The Customer must retain and agrees to pay for the minimum number of 10 B-Channels per PRI required for the Flat Rate IntraLATA Toll Service, 2,000 Minutes Per Month Plan for the term of this Agreement, 9. 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. 10. Non -Appropriation of Funds 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 9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-5007-03 Option 2 of 2 In the event that all or any part of the Service is disconnected at Customer's request prior to expiration of any selected minimum service term of greater than one month's duration, Customer will be required to pay an early termination charge as stated in the terms and conditions. The provisions concerning liability for early termination charges only shall not be applicable to Customer when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or executive body: a statute; an ordinance; a policy directive; or a Constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When Service is being provided and funding to the governmental entity for such Service becomes unavailable, Customer may cancel the Service without additional payment obligation. Provided, however, that if Customer cancels the Service for any reason other than the unavailability of funds, the early termination liability provisions in the terms and conditions shall apply. 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 9 of 9