HomeMy WebLinkAboutBell Atlantic Network GREGORY F. YAKABOSKI
TOWN ATTORNEY
MARY C. WILSON
ASSISTANT TOWN ATTORNEY
RECEIVED
J~AN W. COCHRAN
Supervisor
Town Hall, 53095 Route 25
P.O. Box 1179
Southold. New York 11971-0959
Telephone (631) 765-1889
Fex (631) 765-1823
E-mail: cowna~orney~southold.org
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
~butltald To~t Clerk
To:
From:
Date:
Re:
Elizabeth A. Neville
Towr~ Clerk
Gregory F. Yakaboski. Esq.
Town Attorney
August 17, 2000
Bell Atlantic Network Integration, Inc. wi Town of Southold
and GENUITY agreement
Betty:
Attached please find the fully executed original copy of the Town's agreement with Bell
Atlantic Network Integration, Inc. and GENUITY. Please file in your office for safekeeping.
Thank you.
Greg
/md
cc: Computer Committee:
John Romaneili
Craig Richter
John Sepenoski
John Cushman
BeB AtlanUc Networ~ Inte~rafion~Inc. Attachment A
~ Dedicated Inter, et Aeee~s Co~t SUmmary
~J~Months Prepaid Fo~ Town of Southold
Ser~iee #1:
Se~iee/~r2:
384K Frame Rela~ (CIR~lg~I0 Internet Aee~
Service 02:
~ran~rt eircu? ~ns~a~i~ ~'ee: I , I
N~ Th~ ~-t~ circuit ~s~n f~ ~.~ ~st ~ b~itdt~ or~t m ~ ~mcr pr~'s
~ln~ E~0R ~ond ~s ~int is ~ ~vcr~ ~ ~is ms~on ~~
ex~ ~ ~ a ~m~ d~fmcd loc~o~ wi~in ~ z~ for,~difi~ Time & M~ ~.
NON
$S00 O0
$0.00
[~s tor a~tvl~ ol"rloNs ~ ]
~ ggi~t~n ~ by ~ork Solutions. F~ ~vcr u~ a2 ~ ~.
~ ~" ~ Will ~ ~d ~u~ly (at p~ng ~) ~ t~ initi~ 2 y~ period.
~ws ~ Set-Up: [ $0.~ [ $0.00
Ngw~Re~ Set-Up [ 0 [b~ 00 $0.00
~ g~ ~ I I~ mon~:
E~o~c,~l,~, ~on ~: _1 0 ,l~$S'00 $0.~
E~nioM~l: ~ boxes x [ $4.50
~o~: S~d m~box ~mge is 10 M~ ~ o~1o~ ~0 Meg~yg ~o~ m~lbox
is ~1~1~ for ~ ~dition~ fcc of$2.~ p~ ~box p~ mon~.
[G~P [GIobM Servieel*rovider) Fees*: ](Cheek One)
One Time GSP ~ation F~s: fie~i~ ~1:
Se~ 02:
M~ R~g GSP F~: Se~iee gl:
Se~iee~2:
lowest ] XXX IGenuitv
i I o.ooI
[~ardware ~ ~onware (seeurit~ ~oltware, P. outers. L~U/D~ US}:
Equipment~ Price:
$0.00
$0.00
$0.00
$0.00
On-Site Installation:
Total
Total:
$0.00
$0.00
tom cY I
$515.00
$0.00
$0.00
$0.00
$0.00
Totat No~-Reeurring Fees**: $~0.90 $$00.00
T0tatReeurr/ng Monthly Fees*.· ~ ] $681.2S [
· GSP c~s ~ subj~ to ~,
· * Ino~ding on~t~e ch~s ~1~ ~ ~w~
[~IY G,~ga ~ ~1~ ~ mon~ m ~v~. on yo~ tl~t m~ you ~R ~ ~fl g~ ~r t~ ~gS $~r ~ ~OR o~ ~
~& ia whi& yo~ b~ se~ ~fit~ end of ~ mon~ ~ well ~ ~g~ for &e follo~ng m~&. ~pond~g on ~ &y
~o~ on wh~ your ~i~ ~g~, y~ ~uld ~ ~ed for up ~ 60 d~ys ofse~ on yo~ first bRL
lin ~mtiog inol~ on ~o~ ~rst bill w~ ~ ~y o~ time fe~ ~d e~i~t t~.
10/1209 v~rsioa
Dedicated I~ternat Access Agreement
This Agreement entered into as of the 29= day of june, 2000; ,,b,Y, an~,'t~et~eh"Bell ~Atlantic Network Integration, Inc.
~b/a ~e l AtlanUc Data Solutions Group, Netw0rk:lntegration ('~ DSG ) and South01d Township ( "Customer~ sets
~r~ ~'e terms and COnditions un~e~r which DSG shall pr~de Ded ic~l~ed [ntemet ACces~ Se~vise ~nd the at'ciliary
services, if any (collectively, the Services~) as described in more detail below~ to Customer.
1. DESCRIPTION OF SERVICE
DSG shall furnish, a dedicated connection between Customer's premises as specified in Attachment A which is
perceived by the Customer software and the network to be of a dedicated nature available without the need f~o dial
into an intemet access point. I~ addition· DSG shall provid~e routing-services based on the Transmission Control
Protoccl/Intern;.t Protocol ("TCP/iP TM) enabling Customer to c~nnect to the lntemet as we I as Cettan DSG nfOrmation
services indicated on Attachment A.
2~ · PRICING AND PAYMENT
2~ : ~U~,e~'~il~ pa~y~.~ ~or Services as set forth in Attachment A (which is incorporated herein) plus
aj~lical~la.~: ~SG ~,~ih~6~c~ Customer monthly in advance for Services under this Agreement at th~ prices set
~orth Jn Attachmeht A beginning on the date of installation as defined in Section 9 below. Payment is due net thirty
(30) days from the~date:of the invoice. DSG will charge a fee for late payment at the lesser of one and one-half
percent (1.5%) per.Tnonth,.or the highest rata permitted by law. Failure ~o ~mit payment on a timely besis shall
constitute a breech --'nd d~f~ul[ u~der this Agreement.
2.2 .DSG may .assign qnpaid delinquent charges to a.ccdlecfion agency.f0r ectio~!. In the event DS(} resorts to
legal actiOn!to ~c~ver mdnie~ due. Customer agrees to re mbume DSG f¢~r all eXPenses incurred to recover such
moniss~(;n~i.iJdi~ng at~om~-y,.~ foes.} customer at~thorizes DSG to conduct a credit ~earch which DSG will use to
determine tfl'e ~-oed'it worthiness of the Customer. DSG may terminate this Agreement if, in the sole opinion of DSG,
;he results of s~ch'se~rch are' deemed unacceptable.
2~3
iDSG RESPONSIBILITI;~
Service Provider ("GSP") for connection to the Internet as stated in
to such connection, with no right of set-off. Such charges may
provides billing services on behalf of such carrier,
service to connect Customer network [o DSG regional Intomet and to a
3.2 ,DS~ shall coord nato the instal ation of and order on Customer's behalf, transportation facilities from
Custo~f;r s ~re~ sea to~SG network.
3.3 Add~onal services to be provided to Customer are set forth on Attachment A.
3.4 DSG s~ali provide technical support to Customer's System Administrator via a help desk, 24 hours a day, 7
days a week.
4. INTERNET PROTOCOL ADDRESSER
4.1 DSG shall maintain ownership of all Class C addresses, which it provides to Customer.
4.2 DSG shell supply Customer with IP address space based on Intemic policies for assigning address space.
CUSTOMER RESPONSIBILITIF~
~'iminat
lewsgroups
proprietary information, except solely at Customer's own risk; (I) to violate DSG's or any third party's copyright.
trademark, proprietary or other intellac~al property dghts, including trade secret rights; or (mi to attempt tc subvert, or
to aid third parties ~o subvert, the security of any computer facility. Customer and its Users shall not delets any
proprietary designations, legal notices or other identifiers be!oJ~ging to third parties from any information obt~ained or
sent using the Services and shall not impersonate any person or use a taise name while using the Services. This
section may be amended by DSG from time to time by posting Use Policies, without direct notice to Custom'.er or its
Users, to its web site at www. biz.bellatlantic.net, and those changes will become effective within thirty (30) days from
posting. Customer hereby agrees to periodically visit DSG's web site at www. biz.bellatlanfic.net to rewew ~py such
.changes. The use of the Services by Customer or Customer's Users after any change by DSG to the terms and
conditions or pclicies will constitute Custemer's acceptance of any changes. If Customer or its Users breach this
Agree ,merit or wolate any of the DSG Use Policies, the use of the Services by Customer and its
immediately tenlqinated or suspended by DSG without prior notice. If no immediate or irreparable
result fo DSG, ils users or other third ;)arty, DSG will use its best efforts to provide written notice
Custor~er's breach of this provision and an opportunity to cure such breach. DSG shall be under ~
monitor the compliance of Customer and its Users with such terms and conditions or polJctss.
from a r~st of qua ified carriers who have agreed tolnterconnect with Be
5;2
Services
0ffensJve, otol
DSG
~! the Servic~es by Customer and its Users is completely at their owen. risk. DSG shalHn no way be
~e to C,u,~tomer or its U~sers forany loss or damage as a msu~R of ~he Use of ti;re services..
fledges end agrees tha~; although DSG shall mak~ every reasonable ~ffort.~0 p~o~ide continuous,
~ ~ex~edient Services a~ailable to Customer and its Users, interruptions in Services may occur as
Jla provision of Services. Customer also agrees and acknowledges that through the use of the
er and its U~ers may have access to inforn~ation which may be s:exuaily explicit, obscene or
~erwlse unsuitable for midors under the age of eighteen (18) years old. Customer acknowledges that
~trol over such information.
5.4 c~stomer shall supply a network~ engineering plan consisting of the following:
5.4.1 t~e-e o[Jrtent number of hosts (addressable devices) on Customer's network.
5.4.2 expected number ofhostewithin nextsix months.
5.4.3 current number of Customer subrtete.
5.4.4 expected number of subnete in six months
5.4.5 subnet masks,
5.4~6 numb, er of hosts on each network segment
5.4.~ grapL~iCal toP0~Y of your network that diagrams your .network down to the host level.
6, CUSTOMER UMITATIONS
2125/00 Rev. 9
/
Cue, to,er may not resell the Services .provided by DSG. If..Customer desires to be a Reseller, DSG will negotiate in
9odd f~ith the terms of such an arrangement.
,,P~rsuant to,t, his Agreement, Cu~s!0mer ~er~eby purch~!ess from DSG the equipment steal in Attachment A ,~the
;, ,-quipmant ). Title to the Equipmentsh~a] ~?_~in CUStomer upon payment n fu to DSG for the Equipment in the
event the Equil: merit is installed'at C~st0me~ s PremiseS pr or to payment in full, Customer shall:
7.1 safeguard the Equipment from loss and damage;
loss cOverage equa to or greater than the purchase pdce of
ENTRY TO CUSTOMER'S 'BI;tEIN~.~
Cus. tom?[~e,s. ~ allow 13~G I0 e~ ~us omer's bus ness dudng norma bus ness hours by appc ntment to
pe Iorm ne,~es~s~7~;act yit~es mlatoa to~th'e natal ation, nspect on rapa r, replacement or d]sconnention of our
Eq~!;Pme, n'~and Seduces. Cue,omar w!ll allow DSG to make attachment and connections that are necessary to
pmvi.d.~ Sr. ~iC.es to CuS~.~ner. If Custom.e,.r ~s not the owner of the pramiesa to be entered, Customer must ~upply
proc; rna[ ~;ustomer is aumorized ~ allow work to be done on such premises.
9. TERM AND TERMINATION
weeks
on the date first written above and shall end the number of months set
"installation" shall be defined as the data at which DSG is able to
the global Intemet and Customer iS able to send traffic to sites on the global
s of Customer's router toconfirm Installation,
requires the traffic to travel through the global
if Customer fa'Is or refuses to perform the requested trace within two (2)
~ the date which DSG was able to perform a successful
This Agreement shall thereafter continue on a month-to-month basis until
to the other. All obligations of the parties under this
.=rmination. cancellation or expiration of this Agreement
9,2 DSG reserves the right to immediately terminate the Servicas to the Customer w thout not ce in the event the
SA ~e?ice~s i~u,sedli~a manhe~ WhiCh ~ielates this Agreement or in the event DSG Ceases to offer Dedicated Intemet
c~ees to, cUstofners, upon not less than thirty (30) days advanCe notice. ~ .....
10. SERVICE LEVEL GUARANTB~
Provid~ C.~ ,~rqer's accaunt is in good elanding, if Customer is unable to accees the Intamet through the Servica
for more t~n thirty (30) continUous m nutas during any twenty four (24) hour period, due to a DSG network failure
and Cu~tq ~me repo~.s such outage, to DSG within thirty (30) days, then DSG shall credit Customer ll30th of the
monthly Seh/ e fees for DSG Internet access and c rcu t fee (if circuit is registered n DSG's name) as set forth on
Attachment/~ Thi~ credit is limited to one per each twenty four (24) hour period DSG reserves the r ht to medi
this policy UP~ wr~en notice to Cusfomer. Thru guarantee does not include Force MaJeure events and schedu ed
ma ~ten~nc~ eriodsl
2/25/00 P~v. 9
11. CANCELLATION
After the execution of this Agreement, Customer may cancel the Services upon sixty (60) days prior written notice in
a~'var~ ..~ce of thee. -e:,ffi~tiue ,date of such ca ncallation d~ta n such case, Customer si. la l pay to DSG all charges for
~erv~$~ . p~0~id~ thro~h, the effect ve date of such cance at on _Plu~ a cancellation 'c~al:cl~. determined as fol ows' ~_~ ~
.~f the Term for the canceled Services is one (!) year or less. then the cance atien charge shall be an amount equal to
the. balanc~ as Set forth on Attachment A for such canceled Services that would
the Term for the canceled Services is longer
the first year of the Term, the
tatthe
',50%) of the balance of the
Services
uidated damages in the event of cancellation and are not imended as a penalty.
~U ~C;)~,.D~G,.'S~I nj< to a web site aa part of the Services does not in any way represent or mpy an
aP~/o~at'~,:61~ ~8~fe?~n'ihet~oii 'of rthe quarry of, the product or service described in the w~b Rite. or an endorsement,
sponsemhip ar recommendation of the product or service; and Ih) the links provided with the Services are
maintained by third party organizations or entities and those third party entities or organizations are solely responsible
for the web site's content.
, CON (apE X' . DAMAGES AND'lAB LITY u r ATIO. .........
Customer agrees that all information provided on the Services the Sewices itself and the Equ pment are provided
~AS:IS' and'on ~an '"'AS AVA LABLE bas]~. However, DSG shal transfer to Customer any a~d all menufa~turers'
warranties that may apply, il: any, to the Equ pment.
DS,~ DiSG~I~S~ANY ' D L WARRANTIES, WHETHER EXPRESS OR IMPUED INCLUDING BUT NOT
0R ANY HAT THE sERVIcES oR ANY AssoCIATED SO~A~ ~ N~ORK T~NSPORT
WI~ BE ~N~P~D OR ERROR FR~. IN NO EVENT SHALL DSG BE L~BLE FOR A~ INDIRECT,
SPECIAL~ ~O~UENTIAL OR INCIDENTAL DA~GES, INCLUDING WITHOUT LIMITATION, LOST
~ LO~oR'~A~A TO DATA AmS~Na OUT OF THE USE PARTIAL USE OR INABIM
...... ~ ~ ~ r , ~TO USE ~E
SERVtgE~ ~EEIF:~ HAS B~EN ADVISED OF THE POS BIL OF SUCH OA~a~. OS~S ENTRE
L!A~I~I~ AN~ CUSTOMER'S ~CL~IVE REMEDY UNDER ~H~S AGREEMENT, FOR ANY C~dM,
~HER ~.~ D~T~ (INCLUDING BREACH OF WAR~N~, OR IN TO~ (INCLUDING NEGLIGENCE),
'S~ ~ ~I~:TO THE TOTAL A~U~ PAID BY CUSTOMER TO DSG FOR THOSE SERVICES UPON
~ICH ~ gi~El~ IS'BASEO.
14. INDEMNI~cATtoN
~.u.s~.,m..~r.,s,.?~ll [~nc~e .m~ify..and save harmless DSG from all claims losses liens expenses, suits and attorneys' fees
"g~aomt~es, . , ) arisjng~,~, tr~.r0~ me mater a or nformat on transm tted by. Customer, ts amp oyees, agenta or Users over
the Services prowded I~y DSG hereunder a breach by Customer of this Agre~menL. or a v olation by Customer, orits
Users of th~ DS'~:bse Po cies. ' ' ' ' ....
If Cu.tomc~r. iSSctea.'~... ..... purchase order voucher or other sim far document, t she be for Customer's sternal purposes
a. nd,! thor .e~re, ..e,.vp~n ~r it ~s acknowledged by DSG, the terms and cond~tlorts of such purchase order or similar
oocnment ~ill hEV.ano ~ffect on this Agreement or the Services provided hereunder.
!
16. ASSIGNMENT
Neither party ropy, without the prior wr~en consent of the other party, assign or transfer this Agreement or any
obliga~rt,rincuri*ed hereunder, except that DSG Upon written hotice to Customer may assign this Agreement to any
~ia~ ~e~_,ti~_., er to a aucc~-~ser en..tity Up~3,n the merger~ reorganization, consolidation, or sale of all or substantially
ali of D. SG S aSsets-' Any a[temp[ to assign this Agreement, in COntravention Of this Section shall be void and of no
'force aild effect,
~'17. ~ CONTINGENCIES
~SG ~[r~ot b~Jiebl far de ay dernages or fei ures in erformance due to causes be and our reasonab e co tm
~nc~ud~r!g,~t, n~]~m~teq to. acts of a govemmenta! body, acts of God, acts of third parties fire~ floods, strikes or
other I,'Jboi'-rela;ed disputes. ~r an inabJlll:y toobtain necessary..Equipme~t Or S~rvicee.
If any ofthe tan'ns or conditions n th s agreement are properly found to be invalid or unenforceab e by a government
body, ~e.rema~n~ng terms or conditions of th~s agreement shall not be affected by the finding and shal continue to
app!y.
19~ APPLICABLE LAW
Thi? Agreel~an~;shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law
ruins. ' '
Ap~y hoti.ce~ O? d, emands or other communications which under the terms of this Agreement or under any statute must
or may'be {liver~ or made by Customer or DSG shall be in writing and to the respective parties as set forth herein.
Notices to DSG shall be to the attention of the Legal Department Ether party may change the notice address or
addressee by giving notice thereof to the other party. Notices may be given by first class U.S. mail (postage pre-paid,
registered ai~d ~vith return receipt requested), nationally recognized express courier, confirmed facsimile, or
personally. Notices shall be deemed to have been given on the date of delivery when delivered personally or by
facsimile, on rece pt f de vered by express courier or by hand, and three (3) days after delivery to the United States
Postal Service if mailed, '
2,'1. COUNTERPARTS AS ORIGINA~-~
This Agree ~ ,r~nt may be executed Jn any number of counterparts, each of which shall be deemed an original, but all
such counted'parts s~sil together consfit[Ite but one and the same instrument.
DS s failure at any t me to enforce any of the provrs uns of this Agreement or any right or remedy available hereunder or
a law or equ][y. ~or to exercise any option herein provided shall in no way be construed to be a waiver of such provisions,
dghts, remedie~ 0r options or in ~ny way to affect the validity of this Agreement. The exercise by DSG of any rights,
remedies or optiejls:provided hereunder or at law or equity shall not preclude or prejudice DSG from exemising
thereafter the same or any other rights, remedies or options.
23. ENTIRE AGRL=BMENT
ThisAg,ms~eat~StheentreA r,e, ementbe enCust ran D
_~, . ~ ..~ ~ ~ ~ ome d SGonthesub*astma~e and't u
. ,,...., 'J , r, , s persedasal
I~noF representationsr unaers~ana~ngs or agreements ~vithout limitation,, any marketing Ot prometiona materialthat~
:may be supp ed b~ DSG n the event of ~ conffict between this Agreement and the ~,ttachments, this Agreement
shall prevail. Tl~is Aareement may not be changed or waivec~ exCept as permitted by this agreement or by'e written
dOCUment that issig~ed by both partiee,
IN WtTNESS WHEREOF the parties have caused this Agreement to be executed as of the day and year first
above set forth. '
By: By:
Print Print
Name:
Title:
Date:
(Route 25)
P.O. Box ~179
SouthOd, NY 11971-0959
~ ~O~'x"a"~, Supervisor
Supervisor, Town of Southold
Agreement fo; GI~
1. Covered Serv:{~.
d:c r'~ 02)
U& :FAC indmnil~ ~ Shell con~u~
~n~l o~ ~ lid~ ~ o~ ~
PAR~S D~C~ ~ ~m~ W~y OF N~-
PU~U~T ~0 ~ON ~. AND
A~R~T (~ ~ ~ P~TY ~O~ ITS
o~K p~&~ FOR ~z~,
~DE~ OR I~ DA~G~ ~CLUDIN0
~ ~ OF T~ ~SS~ OF S~ ~O~.
~U ~ TO OA A~O
NOT EX~ i~) ~ ~ ~OU~P~ BY YOUTO
~ FOR ~ O~ ~R~ D~O ~ 0~ PE~OD
TO vO~S OR ~,~ ~C~V~ 1~ L~
~ ~c~ ~g a ~,~ ~oe,
nat ~ovidcd by
Town of Southold
N~ of~-__ ..................
..........................
~ _. u ....,, J~.~_..W.. Co~_h.~a~
TMm S~FvisoF
~= 7/25/00
Genulty Solutions Page I of I