R10-030
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1 RESOLUTION RIO-030
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE CITY MANAGER AND CITY
6 CLERK TO EXECUTE A TWENTY-FOUR (24) MONTH
7 CONTRACT SERVICE ARRANGEMENT AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 BELL SOUTH TELECOMMUNICATIONS, INC., (D/B/A
10 AT&T FLORIDA) FOR EXISTING TELEPHONE LINE
II EQUIPMENT AND ONGOING
12 TELECOMMUNICATIONS EQUIPMENT AND
13 SERVICES; AND PROVIDING AN EFFECTIVE DATE.
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16 WHEREAS, City staff has been working with an external consultant for the past nine
17 (9) months to decrease the City's ongoing phone charges; and
18 WHEREAS, staff has worked with AT&T and our outside telephone consultant to
19 consolidate the City's AT&T services into one agreement to provide considerable ongoing
20 discounts; and
21 WHEREAS, upon recommendation of staff, the City Commission has determined
22 that it is in the best interests of the residents of the City to approve and authorize the City
23 Manager to execute a twenty-four (24) month Contract Service Arrangement Agreement
24 between the City of Boynton Beach and BellSouth Telecommunications, Inc., (d/b/a AT&T
25 Florida) for existing telephone line equipment and ongoing telecommunications equipment
26 and services.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission of the City of Boynton Beach, Florida does
33 hereby approve and authorize and direct the City Manager and City Clerk to execute a twenty-
E:\Data\84\Items\79\\ 052\585\Reso _' _A TT _(Phone_Service _ Agmt).doc 1
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1 four (24) month Contract Service Arrangement Agreement between the City of Boynton
2 Beach and BellSouth Telecommunications, Inc., (d/b/a AT&T Florida) for existing telephone
3 line equipment and ongoing telecommunications equipment and services, a copy of the
4 Service Agreement is attached hereto as Exhibit "A".
5 Section 3. This Resolution will become effective immediately upon passage.
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6 PASSED AND ADOPTED this Ie, day of March, 2010.
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8 CITY OF BOYNTON BEACH, FLORIDA
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16 Vice Mayor - Woodrow Hay.- .
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28 Commissioner - Marlene Ross
29 ATTEST:
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc, d/b/a AT&T Florida, ("Company") and City of Boynton Beach ("Customer" or
"Subscriber"), 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.
L 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,
F or 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 ofthe 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 and except as
otherwise provided in Section 13 below, 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. 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 or a Service provided pursuant to this Agreement at any time prior to
the expiration of the service period set forth in this Agreement, Suh<;criber shall be responsible for all
termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement,
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
termination charges are defined as fifty percent (50%) of the recurring 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 and
any nonrecurring charges that were not applied upon installation as set forth in 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 Compal1y 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. Venue for any
disputes arising from this Agreement shall be in Palm Beach County, 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. d/b/a AT&T Florida
Assistant Vice President
701 Northpoint Pkwy., #400
West Palm Beach, FL 33407-
Subscriber
City of Boynton Beach
Attention
100 E Boynton Beach Blvd
Boynton Beach, FL 33435-
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. 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
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
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. Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement
is deregulated or de-tariffed by operation of law, regulation, or otherwise, all references in this Agreement to
"BellSouth General Subscriber Services Tariff', "BellSouth tariffs", "BellSouth's lawfully filed tariffs", or
any other reference to BellSouth's tariffs on file with the Public Service Commissioner(s) of the applicable
state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service
Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found
at www.att.com/servicepublications, all incorporated herein by reference as if fully included herein.
Customer agrees such deregulated or de-tariffed Service shall be provided in accordance with the terms and
conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or
states and the BellSouth Service Agreement found at the link above. To the extent there exist any
discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those
incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern.
14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by
its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at
www.att.com/servicepublications, as applicable. Customer further agrees that this Agreement and any
attachments hereto, 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. This Agreement is not binding upon Company until executed
by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be
modified, amended, or superseded other than by a written instrument executed by both parties. The
undersigned warrant and represent that they have the authority to bind Customer and Company to this
Agreement.
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
Option 1 of 1
Offer Expiration: This offer shall expire on: 6/2/2010.
Estimated service interval following acceptance date: Negotiable weeks.
Service description:
This Contract Service Arrangement (CSA) provides for MegaLink(g) service, Bill Management Service, and Business Lines
as part of Basic Local Exchange Service.
This Agreement is for twenty-four (24) months.
Under this Agreement, the service may only be purchased by Customers whose traffic on this service will be at least 90%
intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this
Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate.
Customer understands and agrees that Company is relying upon Customer's representations concerning the proper jurisdiction
of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its sole
discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly,
should the Company determine that the jurisdictional nature of the circuit or service is different than what the Customer
represented. To the extent allowed by law, including but not limited to Florida Statutes Section 768.28, Customer agrees to
hold the Company hannless, and to indemnify and defend the Company from any and all claims that may result from the
Company's conversion of any circuit or service to the correct jurisdiction, based on any good faith effort to comply with
applicable regulatory requirements.
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 ofthe initial term or each additional one-year term.
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Contract Service Arrangement Agreement
Case Number FL09-B85? -03
Option 1 of 1
IN \VITNESS WHEREOF. the parties hereto ha\e caused this Agreement to he executed hy their July authorizeJ
representati yes on the dates set forth below.
:\cceptl'd by:
Suhscriber:
C;ty of Boynton ~
By: ~-
Authorized Signature
Printed Name: KURT BRESSNER
CliY MANAGER
Title: BOYNTON BEACH, Fl
Date:
Company:
Be II South T c1c~ommu n ication s, I nc. d/b/a AT :JjIOrida
By: -\ l t-~L ,)(~ ~
Authorized Signature
Printed Name: Natasha L Hail
Customer Contract Spedalisi
Title: (l '> Ie) ~I ( 0
Date:
,
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
Option 1 of 1
RATES AND CHARGES
Rate Elements Non- Monthly Rate USOC
Recurring
1 MegaLink@ service, Digital Local Channel, first 1/2 mile $.00 $71.00 1LDPZ
2 MegaLink@ service, Digital Local Channel, each additional 1/2 $.00 $32.00 1LDPA
mile
3 Interoffice Channel, each channel 0-8 miles, fixed component $.00 $44.00 1LN01
4 Interoffice Channel, each channel 0-8 miles, each airline mile or $.00 $13.00 1 LNOA
fraction thereof
5 Interoffice Channel, each channel 9-25 miles, fixed component $.00 $44.00 1 LN02
6 Interoffice Channel, each channel 9-25 miles, each airline mile or $.00 $1300 1 LNOB
fraction thereof
7 Clear channel capability, extended superframe format, at initial $.00 $.00 CCOEF
installation
8 MegaLink@ Service Establishment Charge, per entire $.00 $.00 MGLSE
MegaLink@
9 MegaLink@ service, premises visit, per visit $.00 $.00 MGLPV
10 Flat Rate Service, $.00 $25.00 MFB
Business Service,
Multi-line Exchange Access Line,
All Rate Groups
-Per line
(The Multi-line Exchange Access Line rate applies per line to
subscribers with more than one exchange access line.)
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
Option 1 of 1
RATES AND CHARGES
11 Flat Rate Service, $.00 $25.00 MFBCL
Business Service-Caller ID compatible,
Multi-line Exchange Access Line,
All Rate Groups
-Per line
(The Multi-line Exchange Access Line rate applies per line to
subscribers with more than one exchange access line.)
(Caller ID feature must be ordered separately.)
12 Rotary Service, $.00 $.00 HTG
Flat Rate Lines, PBX Trunks and NARS,
Business,
All Rate Groups
-Per line, PBX Trunk or NAR made rotary
13 Custom Calling Services, $.00 $7.00 CFSVX
Business/Business PBX,
Non-Packages,
Call Forwarding Variable Multipath or Remote Access - Call
Forwarding Variable Multipath
-Per call forwarding path in excess of ten paths
14 Custom Calling Services, $.00 $.00 ESCWT
Business/Business PBX,
Non-Packages,
Three-Way Calling with Transfer
(Appropriate local o~ toll usage charges apply for calls originated
by the subscriber, including connections which continue after the
subscriber exits the call.)
15 Custom Calling Services, $.00 $700 ESF
Business/Business PBX,
Non-Packages,
Speed Calling (30-code)
-Per central office per line/trunk equipped
16 Custom Calling Services, $.00 $5.00 GCE
Business/Business PBX,
Non-Packages,
Call Forwarding Busy Line
-Per central office per lineltrunk equipped
17 Custom Calling Services, $.00 $5.00 GCJ
Business/Business PBX,
Non-Packages,
Call Forwarding Don't Answer
-Per central office per line/trunk equipped
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
Option 1 of 1
RATES AND CHARGES
18 Custom Calling Services, $.00 $.00 GCZ
Business/Business PBX,
Non-Packages,
Remote Access - Call Forwarding Variable
-Per central office per line/trunk equipped
19 BellSouth TouchStar@ service, $.00 $.00 NOB
Business,
Calling Number Delivery Blocking - Permanent
-Per line (Agency)
(Only available to subscribers of
Non-Published Listing Service as described in A6.4.1 of the
GSST or special agencies as defined in A 13.19. 3A 8 of the
GSST)
20 BellSouth TouchStar@ service, $.00 $.00 NSD
Business,
Caller ID-Basic
-Per line
21 BellSouth TouchStar@ service, $.00 $.00 NSQ
Business,
Repeat Dialing
-Per line
22 BellSouth TouchStar@ service, $.00 $.00 NSS
Business,
Call Return
-Per line
23 BellSouth TouchStar@ service, $.00 $.00 NST
Business,
Call Tracing
-Per line
24 BellSouth TouchStar@ service, $.00 $.00 NSY
Business,
Call Block
-Per line
25 BellSouth TouchStar@ service, $.00 $.00 NXMCR
Business,
Caller ID - Deluxe (with ACR)
-Per line
26 Bill Mgmt-Standard Software Package and Support, 1 User $.00 $.00 BWBSL
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Option 1 of 1
RATES AND CHARGES
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
Option 1 of 1
RATES AND CHARGES
NOTES:
1. Customer must purchase and maintain the following Services within three (3) months of the execution of this
Agreement ("Ramp-up Period") at a minimum in the quantities of Services listed below ("Minimum Quantity
Requirement") in the states of Florida.
Service Minimum Quantity Requirement
Business Lines 40
At the end of the Ramp-up Period and no less than annually on the anniversary of the execution of this
Agreement, Company will review the quantity of Services purchased and maintained pursuant to the requirements
of this Agreement to determine if the Minimum Quantity Requirement for each Service listed above has been met
and is being maintained during each month ofthe Agreement. Services for which Customer has not been billed,
or billed and Customer has not paid, will not contribute to the Minimum Quantity Requirement. Failure on the
part of the Company to perform this review shall not be considered a waiver of this provision. For each month of
the term of this Agreement that the quantity of Services is less than the applicable Minimum Quantity
Requirement, Customer shall be billed a commitment shortfall. The commitment shortfall for such service shall
be equal to the Minimum Quantity Requirement minus the quantity of installed Services multiplied by the rates
set forth in this Agreement ("Commitment Shortfall").
Termination charges will not apply upon disconnection of a Service where either:
Customer will incur a Commitment Shortfall for the disconnection of that Service, or the date of disconnection of
that Service is at least twenty-four (24) months after the date of installation of that Service and Customer certifies
in writing that Customer neither has nor intends to substitute the use ofa competitor's service for the Service
being disconnected.
2. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service
is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that
were waived at installation as identified below in addition to applicable termination liability charges.
USOC Description Nonrecurring
Charge
- Line Connection Charge, First Line $63.50 each
- Line Connection Charge, Additional Lines $12.05 each
MGLSE MegaLink@ Service Establishment Charge $575.00 each
lLDPZ MegaLink@ service, Digital Local Channel, first 1/2 mile $350.00 each
ILNOl Interoffice Channel, each channel 0-8 miles, fixed $100.00 each
lLN02 i Interoffice Channel, each channel 9-25 miles, fixed $100.00 each
MGLPV MegaLink@ service, premises visit, per visit $40.00 each
Furthermore, upon Customer's request to disconnect all service prior to the expiration of the selected term,
Customer will be charged a one-time Contract Preparation Charge in the amount of$326.00.
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Contract Service Arrangement Agreement
Case Number FL09-8857-03
Option 1 of 1
All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated
companies.
END OF ARRANGEMENT AGREEMENT OPTION 1
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