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Reso 2005-800
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Reso 2005-800
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Last modified
5/17/2021 12:10:35 PM
Creation date
1/25/2006 1:57:54 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-800
Date (mm/dd/yyyy)
06/09/2005
Description
– Amd Reso 2004-724: 2-Yr Agmt w/BellSouth: Local & Long Distance Srvs.
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<br />CONTRACT SERVICE ARRANGEMENT <br />AGREEMENT Case Number FL05-0047-04 <br /> <br />This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth <br />Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and City of Sunny Isles <br />("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber <br />Services Tariff. This Agreement is based upon the following terms and conditions as well as any <br />Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference <br />incorporated herein. <br /> <br />1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the <br />service described in this Agreement at the montWy and nonrecurring rates, charges, and conditions as <br />described in this Agreement ("Service"). The rates, charges, and conditions described in this <br />Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the <br />purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall <br />become effective upon execution by both parties. For purposes of the determination of any service <br />period stated herein, said service period shall commence the date upon which installation of the service <br />is completed. <br /> <br />2. Company agrees to provide Subscriber notice of any additional tariffed services required for the <br />installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for <br />any additional tariffed services that are ordered by Subscriber. <br /> <br />3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated <br />companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General <br />Subscriber Services Tariff and No.2 of the Federal Communications Commission Tariff and shall <br />include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and <br />charges shall be included in the provision of this service. Except for the expressed rates, charges, <br />terms and conditions herein, in the event any part of this Agreement conflicts with the terms and <br />conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the <br />tariff shall control. <br /> <br />4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of <br />installation. Should such regulatory approval be denied, after a proper request by Company, this <br />Agreement shall be null, void, and of no effect. <br /> <br />5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the <br />execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs <br />incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by <br />Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which <br />would apply if the work in the implementation of this Agreement had been completed by Company. <br /> <br />6. (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set <br />forth in this Agreement, Subscriber shall be responsible for payment of the nonrecurring charges as <br />specified in Note 4, page 6 of this Agreement and for the monthly recurring fee of$1753.20 for each <br />month of the remaining service period of this Agreement. <br /> <br />(b) Subscriber further acknowledges that it has options for its telecommunications services from <br />providers other than Company and that it has chosen Company to provide the services in this <br />Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company local <br />services and the reseller executes a written document agreeing to assume all requirements of this <br />Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the <br />event it fails to meet its obligations under this Agreement or terminates this Agreement or services <br />purchased pursuant to this Agreement in order to obtain services from a facilities based service <br />provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as <br />appropriate, termination charges as specified in this Agreement. <br /> <br />PRIV A TE/PROPRIET ARY <br /> <br />CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE <br />BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. <br /> <br />Page I of6 <br /> <br />SIB <br />
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