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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-197Temp Reso #8289 June 8, 1998 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-_ / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND BELLSOUTH TELECOMMUNICATIONS, INC. FOR THE PROVISION OF TWENTY (20) NOW CONSECUTIVE DIRECT INWARD DIAL (DID) NUMBERS AT A COST OF $224.20 PER MONTH PLUS THE COST OF INSTALLATION IN THE AMOUNT OF $630.00 THAT IS ALREADY INCLUDED IN THE INSTALLATION AND MONTHLY SERVICE CHARGES OF THE MEGALINK/MEGALINK CHANNEL SERVICE (ML/MLCS) AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the telephone systems in all City facilities are currently at their maximum capacity; and WHEREAS, DID service is an integral part of the City wide telephone system expansion; and WHEREAS, the City Commission approved the expansion of the telephone systems; and WHEREAS, it is the recommendation of the Director of Management Information Services to utilize the DID services for the expansion of the telephone systems; and G 1 Temp Reso #8289 June 8, 1998 Page 2 WHEREAS, funding for these services are available in the appropriate Management Information Services (MIS) telecommunication account; 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 agreement attached hereto as Exhibit 1 with BellSouth Telecommunications, Inc. 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: The appropriate City officials ARE HEREBY AUTHORIZED to execute the attached service agreement attached hereto as Exhibit 1 with BellSouth Telecommunications, Inc. for the provision of twenty (20) non-consecutive Direct Inward Dial (DID) numbers at a cost of $224.20 per month plus the cost of installation in the amount of $630.00 that is already included in the installation and monthly service charges of the megalink/megalink channel service. SECTION 3: Funding for these services are available in the appropriate Management Information Services (MIS) telecommunication account. 1 1 rl Temp Reso #8289 June 8, 1998 Page 3 SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 6: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: WPA/ il.��VA . E I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRi CITY ATTORNEY e day of , 1998. JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST is COMM. McKAYE DIST 2: V/i,1 MISNKIN DIST 3: COMM. SUI._TANOF � DIST 4: COMM-,,HUSERTS � ....._..,__ (8289reso.doc) Temp Reso #8289 Exhibit 1 • SPECIAL ARRANGEMENT AGREEMENT Case Number SE98-2728-00 This Special Service Arrangement 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. 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. 7. a If Subscriber cancels this Agreement at an time prior to the expiration of the service () g Y P P Temp Reso #8289 Exhibit 1 • u SPECIAL ARRANGEMENT AGREEMENT Case Number SE98-2728-00 period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum 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 telecommunication services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, Subscriber agrees that in the event it transfers its services to an alternative local service provider, such transfer shall be deemed a termination of this Agreement and BellSouth shall bill Subscriber all appropriate termination charges applicable to a termination of the 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 6451 North Federal Highway Fort Lauderdale, FL 33308 Subscriber City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 333212401 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. Temp Reso #8289 Exhibit 1 40 SPECIAL ARRANGEMENT AGREEMENT This rate is valid through: 9/20/98. Estimated service interval following acceptance date: Negotiable weeks. Case Number SE98-2728-00 Option 1 of 1 Service description: Rates and Charges to assign groups of 20 non-consecutive Direct Inward Dial (DID) numbers for new DID Service in Florida. Month to month payment plan. 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: City of Tamarac By: horized Signature Title: Date: .JU L-V E, 1-fI Y Company: BellSouth Telec m AtZho�riied mut ications, Inc.. 11 By: igna Title: Assistant Vice President Date: Temp Reso #8289 @ cOUTH Exhibit 1 BellSouth Business Systems, Inc. Suite 1220 6451 N. federal Highway Pt. Lauderdale, Honda :33308 • 0 June 17, 1998 Mr. Levent Sucuoglu MIS Director City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 Dear Levent, TA 351 3950 f ix 954 310 3993 Inteine.t Innnie maicr((bhs bellsouth corn Lonnie H. Maier Assistant Vice Presirlenl Salo,,, The purpose of this letter is to certify that Bill Diggs, a Sales Manager with BellSouth Business Systems, Inc. is authorized to sign customer contracts. I hope that this meets your requirements. Please let me know if you need anything additional. Sincerely, k� y Lonnie H. Maier cc: Ken Fichter Mike King Temp Reso #8289 Exhibit 1 SPECIAL ARRANGEMENT AGREEMENT Case Number SE98-2728-00 Option I of 1 RATES AND CHARGES Rate Element Non -Recurring Monthly USOC I . Establish trunk group and provide first group $47.00 $.20 WWWA2 of 20 non-consecutive DID numbers, per DID number (Notes 1 through 3) 2. Each additional group of 20 non-consecutive $2.20 $.20 WWWA3 DID numbers, per DID number (Notes I through 3) 3. Contract Preparation Charge $630.00 $.00 WGGVF NOTES: 1. This service is only available in groups of 20 non-consecutive DID numbers. 2. Rates and charges for PBX Service and DID trunk terminations as specified in sections A3, A4, and Al2.7 of the General Subscriber Services Tariff(GSST) are in addition to the rates and charges contained herein. 3. This service is in lieu of rates and charges for tariff USOCs NDZ and ND4 reflected in section Al2.7 of the GSST. END OF ARRANGEMENT AGREEMENT OPTION 1 E -I Temp Reso #8289 Exhibit 1 • C, SPECIAL ARRANGEMENT AGREEMENT SALES NOTES Case Number SE98-2728-00 Option 1 WWWA2 and WWWA3 are in lieu of NDZ and ND4. All valid PBX classes of service, e.g. COPXX, XMBXX, XLBXX etc. are appropriate for this request. Service must be billed in groups of 20 numbers. Additional telephone numbers should be obtained from ATLAS. A copy of the rate authorization must be provided to the service center. Page 1 Temp Reso #8289 Exhibit 1 isBoth parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. City of Tamarac BY: �8�� e Sc reiber, Mayor Date BY: S-� "1 Robert S. Noe, Jr., City Ma ager Date ATTEST: 44 BY: 'V-eo� Carol G , CMC/AAE Approved As to Form: r BY .. Mitchell S. raft, i rney C� BY: Bill Diggs, Sale "anager