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Home My WebLink AboutReso 2005-800 RESOLUTION NO. 2005 - .8cc> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION NUMBER 2004-724, APPROVING A TWO- YEAR AGREEMENT WITH BELLSOUTH TO PROVIDE LOCAL AND LONG DISTANCE SERVICES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, BellSouth has been providing telecommunications services to the City since it's inception; and WHEREAS, shortly before the City moved into the new Government Center the City was informed of potential issues with the old telephone numbers as the Government Center is serviced out of a different BellSouth Central Office than our old location; and WHEREAS, the City worked diligently with BellSouth and they agreed to move or "port" 21 of the old telephone numbers from our old Central Office to the Arch Creek Central Office which services our new Government Center; and WHEREAS, the City is pleased with the services being provided by BellSouth, and wishes to enter into a new two-year agreement for local and long distance services; and WHEREAS, the two-year agreement proposed herein will modify the services and the rates of BellSouth services as provided in Resolution 2004-724 resulting in a reduction of the City's monthly telephone charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement by and between the City of Sunny Isles Beach and BellSouth for local and long distance services, attached hereto as Exhibit "A" be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. R2005- BellSouth Service Amendment for Government Ctr PASSED AND ADOPTED this 9th day of June 2005. ATTEST: / .~A..~ )~111e A. Hines, city Clerk , ( , " Approved As to Form and Legal Sufficiency: Moved by: ~YWvv\'-S.~\Q~@..R Gco~mW Seconded by: G \'Vwv'\ \ ~ ~ 1 0 l\JC n. Yt:> L~ Sol t4 ~ Vote: S-c Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) V (Yes) V (Yes) ~Yes) ~(Yes) _(No) _(No) _(No) (No) _(No) R2005- BellSouth Service Amendment for Government Ctr 2 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-0047-04 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 Sunny Isles ("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 this Agreement at the montWy 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. 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. 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. 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. (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 payment of the nonrecurring charges as specified in Note 4, page 6 of this Agreement and for the monthly recurring fee of$1753.20 for each month of the remaining service period of this Agreement. (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. PRIV A TE/PROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I of6 SIB CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-0047-04 7. This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be Miami-Dade County, Florida. 8. 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 7650 NW 19th St Miami, FL 33126 Subscriber City of Sunny Isles City Manager 18070 Collins Ave. Sunny Isles, FL 33160 9. 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. 10. 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 ofIaw, 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. 11. 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. 12. Acceptance ofany order by Company is subject to Company credit and other approvals. Following order acceptance, if it is detennined 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. 13. 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 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. PRNATE/PROP~ETARY CONTAINS P~V A TE AND/OR PROP~ET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 2 of6 S\B CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-0047-04 Option 1 of 1 Offer Expiration: This offer shall expire on: 9/15/2005. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides for BellSouth@ Primary Rate ISDN - Voice/Data (Standard) service and BellSouth@ Intra-Company Same Rate Center Porting ofBellSouth@ PRI telephone numbers. This Agreement provides for a twenty-four (24) month service period. The twenty-one (21) telephone numbers (305-947-0606, 305-947-4440, 305-947-4474, 305-947-4680, 305- 949-3113,305-947-4643,305-947-2150, 305-947-5107, 305-957-1305, 305-957-1303, 305-957-1304, 305- 957-1305,305-957-1306,305-957-1307,305-957-1308,305-957-1309,305-957-1310,305-957-1311,305- 95741312,305-957-1300,305-957-1301) will be ported from the Oleta Central Office to the Arch Creek Central Office. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Customer Initials PRIVATElPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 3 of6 SIB CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-0047-04 Option 1 of 1 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: By. ATTEST: Printed N;ame: .J:Jo R..f'n.A-rV S. ~ ~f. L~4 P Title: M A't'o'R. Date: ~JI ~Jo5 I I ~"c~.~ JANE A. HINE~,; CITY CLERK Company: BellSouth Telecommunications, Inc. By: BellSouth Business Systems, Inc. By: Authorized Signature Printed Name: Title: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ 1t.~~ ERICA N. WRIGHT ACTING CITY ATTORNEY PRNATE/PROP~ETARY CONTAINS P~V A TE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of6 SIB CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL05-0047-04 Option 1 of 1 RATES AND CHARGES Rate Elements Location Portability for BellSouth@ telephone numbers, initial setup Non-Recurring $959.00 Monthly Rate $.00 2 Location Portability for BellSouth@ telephone numbers, per number ported (Note 2) $12.00 $0.20 3 BellSouth@ Primary Rate ISDN Access Line, each (Note 4) $.00 $130.00 4 BellSouth@ Primary Rate ISDN Interface, each - V oicelData (Standard) (Note 4, 5) $.00 $375.00 5 BellSouth@ Primary Rate ISDN B- Channel, each - V oice/Data (Standard) (Note 4) $.00 $12.00 6 BellSouth@ Primary Rate ISDN Telephone Numbers, per telephone number requested inward and 2-way $.00 $0.20 7 BellSouth@ Primary Rate ISDN, Calling Name Delivery Feature, Per Primary Rate Interface $.00 $75.00 8 Remote Call Forwarding, per additional access facility $.00 $4.00 9 Remote Call Forwarding - Measured Local $.00 $4.00 10 Single line miniature eight position non- keyed network interface for 1.544 Mbps $.00 $.00 PRlVATElPROProETARY CONTAINS prov A TE AND/OR PROProET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A wroTTEN AGREEMENT. Page 5 of6 USOC WFFS5 WFFS6 1 LD 1 E PR 71 V PR7BV PR7TF PR7CN RCA RCFVF RJ48C SIB CONTRACTSER~CEARRANGEMENT AGREEMENT Case Number FL05-0047-04 Option 1 of 1 RATES AND CHARGES NOTES: 1. Service Order charges, listed under A4 of the General Subscriber Services Tariff (GSST), are not applicable in association with this Agreement. 2. USOC WFFS6 will apply in lieu of tariff USOC PR7TF. 3. 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 CSA with the exception that volume discounts as outlined in the tariff do not apply. 4. The following nonrecurring charges will not apply upon initial installation. However, if 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 charges: USOC Nonrecurrinl! Charl!e WGGVF $617.00 ILDIE $875.00, each PR7lV $110.00, each PR7BV $ 5.00, each RJ48C $ 8.00 each 5. Apply five End User Common Line Charges for each Primary Rate Interface. 6. 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. All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 PRlVATEIPROPRJETARY CONTAINS PRIVATE AND/OR PROPRJETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRJTTEN AGREEMENT. Page 6 of6 SIE Nnr st s City Commission F City of Sunny Isles Beach Norman S.Edelcup,Mayor 70 oa a Lewis J.Tinier,Vice Mayor a 18070 Collins Avenue SunnyIsles Beach,Florida 33160 Lewislyn Breen,Commissioner '. x Gerry Goodman,Commissioner *` - Danny Iglesias,Commissioner (305) 947-0606 City Hall `. p Christopher J.Russo,City Manager sr a• FIOn`o (305) 949-3113 Fax Erica N.Wright,Acting City Attorney or :Ux ro W (305) 947-2150 Building Department Jane A.Hines,City Clerk p05) 947-5107 Fax MEMORANDUM To: The Honorable City Commission From Derrick L. Arias, Information Technology Director Date: June 9, 2005 Re: BellSouth Local and Long Distance Service RECOMMENDATION: It is recommended that the City Commission adopt the attached resolution. REASONS: Shortly before the City moved into the new Government Center the City was informed of potential issues with our old telephone numbers due to the fact that our new government center is serviced out of a different BellSouth Central Office than our old location. We worked diligently with BellSouth to come to an agreement, the result of which is the resolution before you. BellSouth agreed to move or "port" 21 of our old telephone numbers from our old Central Office to the Arch Creek Central Office which services our new government center. In the interim, we have been paying higher monthly fees in order to maintain these old telephone numbers. Execution of this new agreement will allow BellSouth to proceed with the "porting" of the numbers, and reduce our monthly charges as illustrated in the accompanying spreadsheet. Agenda Item i 0 C Date 1.-9 -OS