HomeMy WebLinkAboutNew York Telephone CoJUDrr~i T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
:RECORDS MANAGEMENT OFFICER
~;~.FP. EEDOM OF INFORMATION OJzFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 20. 1994
Richard M, Neumann
Enhanced 9-1-1 Specialist
New York Telephone
501 Iqorth Ocean Avenue
Patchogue, New York -11772
Dear Mr. Neumann:
Enclosed is the Limited Service Offering Equipment Lease Agreement
between New York Telephone Company and the Town of Southold, executed
by Supervisor Thomas Wickham.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosure
cc: PSDIII Raynor
Accounting & Finance
Septsmber 30, 1994
NewYorkTelepho
A ~YN~.~ Corn party
501 North Ocear Avenue
Patchogue. New York 11772
The Honorable Thomas H. Wickham
Supervisor° Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Dear Mr. Wickham:
I'm pleased to present you with a lease agreement that will cover the
installation and maintenance of updated telephone equipment for Southold
To~'s Enhanced 9-1-1 PSAP.
You'll notice that there is no charge for installation since it is NYNEX's
request that the existing equipment be replaced due to obsolescence.
You'll also notice that the 60-month~ rate stabilized quote of $1,540.00
(equipment only) is substantially less per month than what you are
presently paying for the old equipment. Your signature on the lease
agreement will indicate your acceptance of the terms stated therein. Upon
our receipt of the signed agreement, we will commence installation within
one week and be completed with the job within a 30 day Deriod, or as soon
thereafter as possible.
Please be aware that when a tariff for this equipment is adopted, the
rates therein ~iI! apply, nullifying this agreement. I will gladly
explain the proposed rate schedule to you to allay any concerns of
escalating rates.
We have enjoyed a mutually beneficial relationship with the Town of
Southo!d for quite some time now, and are looking forward to its continued
success. Thank you in advance for your selection of this state of the art
equipment that will see you well into the next millennium.
Trul~/~rs ~
Richard M. Neumann
Enhanced 9-1-1 Specialist
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STAT/STICS
MARRIAOE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
IO}(~ IS TO~ C~RTIFY THAT THE FO! I OWING. RESOLUTION, WAS ADOPTED BY THE
THOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 19. 1994:
RESOLVED that the Town Board of the Town of Southotd hereby accepts
the proposal of NYNEX for an updated lease agreement for the Enhanced
911 Public Safety Answering Point telephone answering equipment at
Southold Town Police Headquarters; said lease agreement for a period of
60 months, at a stabilized reduced monthly rate of $1,580.00, plus the
monthly trunking network charge; and be it
FURTHER RESOLVED that Supervisor Thomas Wickham be and he hereby
is authorized and directed to execute the new lease agreement, all in
accordance with the approval of the Town Attorney.
Southold Town Clerk
April 20. 1994
Nev Tetephone
A K~I ~.}~ C~'npany
501 North Ocean Avenue
Patohogue, N~w York 1 t 772
The Honorable Thomas Wickham
Supervisor, Town of Southold
53095 Main Roam
Southold, Hew York 11971
Dear Mr. ~ickham:
Pleased to p~esent NYNEX's offer t? update the Enhanced 9-1-1 Public'
Safetu AnsFeri..n~ Point telephone answering equipment at Southold Town Police
Headquarters a{ 41405 Ro~.te 25, Peconic 11958.
The 60%month. contract that went into effect for Southold Town in December,
1988 ha~ expired. Since that time, there have been marked technological
impr0vemen~sl and furthermore, the equipment presentlp installed at pour PSAP
is'no longer manufactured. Yours~is the last of its vintage in the state of
New York.
I have attached not onlp the proposed lease rates for replacement equipment,
but also a oomparison with the rates you currentlp pap. You'll notice a
reduction in what will comprise the bill should you elect to have us .pursue
the exchange. Being this project is initiated bu NYNBX, there will be no,
installation charges levied, merely the reduced monthly, stabilized rates
over the next 60 months.
The rates quoted are in effect until Map 2, 1994. If pour willingness to
commit is not given bp then it will be necessary for us to regenerate the
proposal. Should pou agree to commit, we will prepare a lease agreement for
pour signature. Please feel free to contact me on 516-447-0206 if pou have
anp questions.
Verp tru. I_.v yours,
9-1-1 Market Administrator
Att: 1
cc: J. Raunor
ENHANCED 9-t-1 RATBS FOR THE TOWN OF $OUTHOI,D
CURRENT SYSTEM
9-1-1 t,runking network: 3. trunks from Greenport
8 trunks from Cutchogue:
Telephone equipmenz installed at Southold Town P.D.
Present S~stem Total
MONTHLY
$ 615.78
2,238.04
$2~853.82
PROPOSED SYSTEM
9-1-1 trunking network:
3 trunks from Greenport
3 trunks from Cutchogue:
Telephone equipment to be installed at Southold P.D.
Proposed Svstem Total
$ 615.78
1,580.00
$2,195.78
## Plus appropriate surcharges
The $1,5~0.00 rate will be stabilized over the term of the lease (60 mos.)
The trunking network is not a stabilized rate and is susceptible to
periodic adjustments in the PSC tariff.
E-9-1-1 LETTER OF INTENT
February 1987
Town of Southold
Main Road
Southold, New York 11971
Hon. Fran :is O. Murphy:
This will confirm your order of ( F~_hr.arv 24. lg87 ) for the
installation of an Enhanced 9-1-1 System. Your ord&r consists of the number and
type of terminal equipment listed in Attachment A hereto, as well as the number
of line~ specified therein. The service ,is expected to be placed into service
~during the second quarter of 1988 or as soon thereafter as the Company can, by
reasonable diligence, establish service.
The charges for the service and terminal equipment listed above will
consist of the non-recurring charges listed in Attachment A hereto, in addition
to monthly rates and Charges for all associated exchange service and private line
service (m~cluding mileage charges), as contained in the Company's Tariff as in
effect from time to time. These monthly charges are regulated by the NYSPSC
by tari,ff, and these tariff c~arges are subject to change after service has been
established. The applicable mileage, charges for dedicated circuits for which ,you
will be responsible include mileage from Company End Offices to Control
Offices and from Control Offices to the designated Public Safety Answering
Points (PSAP's).
You have chosen to subscribe to Enhanced 9-1-1 for a oeriod of five years
for Terminal Equipment, as~provided by tariff. The following regulations are
applicable to those government oustomers selecting a five-year payment plan:
(1)
Installation, service establishment, Service Connection and any
other non,-recarring charges are billed separately a_t the time of
installation. These charges are not in.eluded in the payment plan.
(2)
A Service Charge will not apply when government agencies renew
for another five-year period. The rates applicable "fOr the new
period will be those in effect at the t~me of. the renewal or change.
(3)
Equipment can be added to an existing system at the customer's
option, and the rates and charges in the tariffs then in effect for
such service will be applied. :~
(4)
At the customer's option, additions may be paid for over the
remainder of the existing system's payment period, and be added on
to the existing agreement, providing at least 30 days remain in the
customer's existing payment period. The addition(s) and existing
system payment periods will then have a common expiration date.
-2-
The charge(s) for the addition(s) will be the rate(s) then in effect for
the equipment.
(5)
(6)
If less than 30 days remain in the five-year payment_plan, additions
may only be placed on the month-to-month payment plan.
Termination charges f~r oremature disconnection of the added
equipment will apply for fivb-year payment plan rates.
(?)
Additions. to an existing system a~e exempt from Company-initiated
~ate changes if the payment period remaining is [anger than one
mon:th.
(8)
Installation~ Service Connection, service establishment charges and
any thor non-recurring charge will separately apply to the added
equipment.
(9)
P4emoval'of a portion of the equipment from~a system~ for which the
current payment period is longer than one month wit] not effect the
expiration date of the remaining equipment and service.
(10)
Government agencies seIecting a five-year payment plan will have
the option of prepaying any remaining obligations or of converting
any non-recUrring charges into monthly payments over the payment.
plan period. For prepayment of obligations, an early payment
discount factor wit] be applied at the time the request is made. The
conversion of any non-recurring charges to monthly rates will be
computed on the basis of the then current interest rates. The
appropriate interest/discount factors will be applied at the rate in
effect 8t the time the request is made.
The interest/discount factors are based on the interest rate paid by
the Company on subscriber deposits and is kept on file by the
In.addition, the following regulations regardiri~ termination of Enhanced 9-
1-1 service before the five-year period termination date (given an Attachment
A) apply;
In the event that all or any part of the service is disconnected at
customer request prior to expiration of the five years, t~ie customer
will be required to pay a termination charge in addition to any other
outstanding amounts as follows:
(i)
(2)
The amount payable will be the five-year payment plan monthly rate
times the number of months remainlrro for the term of the payment
plan.
For removai of a portion of the equipment that is unique or
identiflabie by a code, the termination charge for that specific unit
applies.
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(3)
For removal of s portion of the equtpment that is not unique or
identifiable by a code, where two or more units of the same type of
equipment are on the customer's premises:
(al The specific unit(s) of equipment no ]onger desired., by the
customer wQl be removed,
(b) The lowest termination charge for th~ type of equipment
removed will apply.
Certain tariff reg,!at:ions apply to subscribers to Enhanced, 9-1-1 Service
regardless of the type,of payment plan selected. These include but are not
limited tO the following:
(A)
Enhanced 9-1-1 service is provided solely for the benefit of the
municipal subscriber. The provision of such service shall not be
interpreted~ construed or regarded as being for the benefit of~ or
cre~ting any Company obligation toward or any right of action on
behalf of~ any third person or other legal entity.
(c)
The Company does not undertake to answer and forward Enhanced
9-1-1 calls~ but furnishes the use of its facilities to enable the
customer to respond to such calls with the customer's personnel on
the customer's premises.
The rates charged for Enhanced 9-1-1 service do not contemplate
and the Compar~y does nat undertake inspection or constant
monitoring to discover errors, defects or malfunctions in tf~e
service, The customer shat] have the responsibility of discovering
all errors, defects and malfunctions, and assumes the duty of, and
will make such tests ass in the judgment of the customer are
required to determine whether the system is functioning properly
for its use. The customer shall promptiy notify the Company in the
event the system is not functioning property.
(D)
The Company shall not be liable for any loss or damages aristng out
of errors~ interruptions~ defects~ f¢ilures, or malfunctlens of
Enhanced 9-1-1 servlee~ including any and ali equip_ment and data
proeesszng systems asseciated therewith. Damages a~ising out of
such inter~uptions~ defects, failures, or matfunctlens of the system
after the Company has been so notified and has had a reasonable
time for repair, shall in no event exceed an amount 8'quivaient to
the charges made for the servtce affected for the period fotlewleg
notice from the customer until service is restored.
(El
Customer information consisting of any names, addresses and
telephone numbers of all tetephone.-.mustomers is confidential and
shall not be released for any purpose other than responding to an
emergency call, The customer shall have the responsibtity of
updating ali data such as street name changes.
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(F)
The customer agrees to indemnify a~d save the Company harmless
against any clair~s that might arise out of any act o~ omission of the
customer,, his agent, any independent telephone company.,agerfcs or
of any party calling Enhanced 9-1-t in connection with the facilities
provided by the Company.
,If, prlo~ to the completion of iestalIetion, you change or cancel all or any
part of your °~%ler, charge.S be~ed on. th~ to~al costs and expenses incu~e'd in
conne~tlon v~i.~ provid~ir[g~and r~em~ving .the:faci!~tie8, but not to exceed fche
applicabt~ mln~n6m and i~Habion and f~ermlnat~0n charges specified in the
Company's Tar~C~;:'w~II be'al~pl~d ....
Please attach a copy of ~he written authorization empowering the
subscriber government agency that you ~epresent to subscribe to Enhanced 9-1-1
service and the written authorization empowering you to act as agent for the
subscriber,government, agency, sign the acceptance portion of this letter and
return the original to me. Any questions you may have concerning this service
may be addressed to Eugene Fredericks at 716-842-8923 Room 1700, Main Place
Tower, .Buffalo, New York 14202.
Very truly yours,
~ugene A. Fredericks
New York Telephone
Attachment A
Page I
ENH/LNCED 9-1-1 SERVICE FOR SOUTHOLD TOWN
The following descriptian of Enhanced 9-1-1 Emerge,ney Service was
approved by Town of Southotd on February 1987.
Anyone within Town of Southotd can dial 9-1-1 to report any or at!
emergencies. Every Telephone Company Central Office in the town wilt route
those emergency earls to the. Public Safety Answering Point (PSAP) responsible
for their location.
The approved Primary P.S.A.P. location:
Town of Southold Police Headquarters
~Niain Road Peconic
S~u~thotd, New York 11971
A11 calls will be recelved by the Primary P.S.A.P. and if necessary~ the call
can be transferred to the appropriate municipai emergency facility for
dispatching by Speed Calling.
The P.S.A.P.'s in Southold Town will have Automatic Number Identification
(ANI) and Automatic Location Identification (ALI). This equipment will display
the caller's telephone number, address, date, time and the emergency agencies
responsible for that address.
Implemen£ation wilt commence upon the receipt of this Letter of Intent to
be signed by the Town Supervisor. The an'ticipated cutover date wilt be
approxlmatety the second quarter of 1988,
This Letter of ~ntent is based on the approved tariffed rates for E-9-1-1
Terminal Equipment. The Network casts are predica~:ed on existing tariffed
rates and wiI! be subject to rate increases.
The Enhanced 9-1-1 charges for Town of Southold:
Monthiy Installation
Network
End--office to controi office (6) Trunks
(3) Mileh~e Circuits
from Greenport
$ 616.74 $ 2,347.08
Terminal Equipment - 5 Years)
ANI and ALi Terminals
and Display Units
$ 1,929.-59 $ 7,361~28
2 Flush-Mounted Telephones(KV)
$50.00 each
lO0.O0 500.00
200.00 400.00
Printer (2) ~ $100.00 each
TOTAL $ 2,846.33
NOW PAYING FOR 91] SERVICE
-616.74
$ 2,229.59
x "-12
$26,755.08
ANNU AL
$10,608.36
JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) ?fi5-1801
THIS 15 ~0 CERTIFY' ¥,HAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A 'REGULAR' t~IEETING HELD ON FEBRUARY 2~, 1987:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of New York Telephone for the installation of Enhanced. 911
service, which in/:ludes an installation cost of ~10,608.-36, and the monthly
five year plan of $2,846.33 (Network: $616.74; Terminal Gear: $2,229.59),
all in accordance with their proposal dated February 3, 1987, and be it
further
RESOLVED that Supervisor Francis:J. Murphy be and he hereby is mJth-
orized and directed to execute an E~9-1-1 contract with New York Telephone
for the installation of an Enhanced: 9-1-1 Sy?tem in'the Town of Southold.
Judith T. Terry/
Southold Town Clerk
February 25, 1987
LIMITED SERVICE OFFERING - EQUIPMENT LEASE AGREEMENT
This Limited Service Offering Equipment Lease Agreement
("Agreement") is entered into by and among NEW YORK TELEPHONE
COMPANY ("Company"), a New York corporation having its
~rincipal office at ~095 Aven~e of the Americas, New York, New
York t0036, and the TOWN OF SOUTHOLD ("Customer"), a municipal
Corporation of the State of New York having its principal
office at ~q~ ~D ~o\~~, New York 11958.
DESCRIPTION
a) The terminal equipment leased by the Company to
Customer under this Agreement consists of two (2)
20-line Flush Mounted Consoles ("Equipment"), as
listed in Appendix A attached hereto. The Equipment
shall be installed and made operational as soon as is
reasonably practicable after this Agreement is signed
by both parties.
b) The Equipment is provided in connection with Enhanced
Universal Emergency Telephone Number Service ("E-911
Service") offered as specified in the Company's PSC
No. 900 Tariff.
PRICES
a) Subject to the provisions of Sections 4 and 6, the
charges for Equipment consist of a monthly recurring
charge of One Thousand Five Hundred Forty Dollars
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($:~¥'54.0.~., These charges are in addition to monthly
rat~s and charges for all associated exchange service
and pri~ate line service, including mileage charges,
applicable to E-911 Service as set forth in the
Compa. n~s PSC. ~o~. 900 Tariff,
In ~ddi~i~n to the charges for the Equipment and
services specified in Section 2(a) above, the Oastomer
shall pay non-recurring installation and/or rewire
charges and any termination charges for existing
services which may be applicable. The Customer shall
also pay sales and excise taxes under applicable laws
and any tariff surcharges mandated by regulatory
authorities.
c) Payments are due monthly, in advance, no later than
thirty (30) days from the date of the bill. Bills not
paid by the Customer by the bill due date may be
subject to late payment charges at the rate of one and
one-half percent (1-1/2%) of the outstanding balance
for each month during which payment remains
outstanding.
d) If Customer fails to pay the charges due under this
Agreement, the Company shall have the right to
terminate its provision of Equipment to the Customer
pursuant to the provisions of the Company's PSC
No. 900 Tariff applicable to suspension and
termination of non-residential service for non-payment.
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TERM
a) The CQmpa-ny shall prOvide the Equipment f~r Sixty
b)
c)
(60)
months ("Se~rvioe Period"). The Service Period shall
begin when the Company notifies the Customer that the
Equipment is installed and operational.
T~e parties may agree to extend,the Service Period
p~rs~ant t~ mutually acceptable terms and conditions,
~nd may modify their written agreement accordingly.
The Company shall offer a price for the CustOmer's
consideration for any such extended Service Period.
At the oonclusion of the Service Period, the Customer
may purchase the Equipment for one dollar ($1.00).
Upon expiration of the Service Period, the Customer
shall disconnect or cause to have disconnected its
facilities from the Equipment and shall permit the
Company to retrieve the Equipment. Such Equipment
shall be in the same condition as installed by the
Company, normal wear and tear excepted.
TARIFFING OF EQUIPMENT
a) If the Company files a proposed tariff under its PSC
No. 900 Tariff covering the Equipment, or equipment
substantially the same as the Equipment, and if the
New York State Public Service Commission approves the
proposed tariff, then this Limited Service Offering
shall be terminated as required by the Company's PSC
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c)
No. 91~ Tariff, and the Equipment thereafter shall be
p~ovided pursuant to the prices, terms an~ conditions
of the approved PSC No. 900 Tariff covering such
Equipment.
The provisi~Rs of this Agreement are not intended to
confe~ upon or grant to Customer or Company any lesser
or greate~ rights, obligations, duties or
responsibilities regarding the Equipment than that
which is provided under the standard terms and
conditions of the Company's PSC No. 900 Tariff,
including those Tariff provisions applicable to E-911
Service and any and all equipment provided by the
Company in connection therewith.
If the Customer elects to prepay any portion of the
monthly recurring rate prior to the implementation of
a tariff covering Equipment, or equipment
substantially the same as Equipment, then the
appropriate interest/discount factor shall be applied
at the rate in effect at the time such prepayment is
made.
ADDITIONAL EOUIPMENT
a) Equipment may be added to an existing Customer
location at the Customer's option~ If Customer
requests additional Equipment prior to the effective
date of a newly filed tariff covering the Equipment,
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b)
or e~q~.~ipment substantially the same as the Equipment,
the company shall develop a price ~nd present it for
the C~stomer's consideration. If the Customer
requests additional Equipment after the effective date
of such a tariff, then the rates and charges in the
app&iDable tariff sh~tl apply. The Service Period for
additional Equipment shall be coterminous with the
Service Period for the Equipment described in
Section 3(a).
Charges for Installation, Service Connection, Service
Establishment and any other applicable non-recurring
charges shall separately apply to the additional
Equipment.
TERMINATION CHARGES
a) Termination charges for premature disconnection of
Equipment provided hereunder shall apply as set forth
in the Company's PSC No. 900 Tariff, if provisions in
such Tariff covering Equipment or equipment
substantially the same as Equipment are in effect. If
such tariff provisions are not in effect, then the
termination charge shall be the monthly rate for the
item er items of Equipment discontinued multiplied by
the number of months remaining
applicable to such Equipment.
shall not apply where Customer
in the Service Period
Termination charges
relocates Equipment
879ge
from one ~customer location to another, provided,
h~wever, the Customer shall pay those charges which
apply by reason df moving er rearranging Equipment.
TTTLE~.IDENTI~CATION; LIENS
a) T~tle to the Equipment shall at all times remain in
the Company.
b) T~e CuStomer shall not directly or indirectly create,
i~cur, assume er suffer to exist on or with respect to
the Equipment any mortgage, pledge, lien, security
interest, charge, encumbrance, financing statement,
title retention or any other right or claim of any
person ("Liens"), other than Liens of any person
claiming through or under the Company on account of
events or circumstances related to the ownership of
the EqUipment or the transaction contemplated hereby.
p~SONAL PROPERTY; FIXTURES; ACCESSIONS.
The Equipment is and shall remain separately identifiable
personal property and shall not be deemed to be affixed to
or a part of or so related to the real estate on which it
may be situated that an interest in it arises under real
estate law or to be an accession whether by reason of
being installed in or affixed to or becoming a part of
other goods or personal property or otherwise. The
Customer, at its expense, shall take such action as may be
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deemed necessarM bY the Company to prevent any third party
from acquiring or maintaining any right to or interest in
~he Equipment.
'9.
RISE OF LOSS OR DAMAGE
~) The C~s~omer assumes all risk of loss, theft, damage
or destruction to the Equipment from any cause
whatsoever ("Loss"). No Loss shall relieve the
Custome~ of the obligation to make Payments hereunder
or to perform any other obligation under this
Agreement. The Customer shall immediately give the
Company written notice of any Loss.
b) If the Company determines that all or substantially
all of the EqUipment is lost, stolen, destroyed or
damaged beyond repair or is condemned, confiscated or
seized ("Total Loss"), the Customer shall~ within
thirty (30) days of such Total Loss, pay the Company
as liquidated damages for loss of a bargain, and not
as a penalty, an amount equal to all payments and
other sums due hereunder to the date of Total Loss;
plus the present value of all payments hereunder
payable to the Company from the date of such Total
Loss to the date of expiration of the Service Period
at five percent (5%) per annum interest discount, and
all taxes imposed upon the Company as a result of the
Total Loss. Upon payment of such amounts to the
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c)
Company, ~is A~ement shall terminate, and the
Company shall transfer to the Customer the Company's
righ~, titl~ and interest in and to the Equipment, on
an "as is", "where is" basis, without recourse and
~ith~t repres.e~tation or warranty, express or
im~!ied~ except that the Equipment is free aRd clear
Of any li~ns of the Company.
Any pa!rme~tS received at any time by the Company or
the Customer from any insurer with respect to a Loss
or Total Loss shall be paid to the Company, but to the
extent received by the Company, they shall reduce or
discharge, as the case may be, the Customer's
obligation to pay the amounts due to the Company.
10.
LIABILITY
The rates charged for E-91t Equipment and Service do not
contemplate, and the Company does not undertake inspection
or monitoring to discover errors, defects or malfunctions
in the Equipment or Service. The Customer shall have the
responsibility of discovering all errors, defects and
malfunctions, and assumes the duty of, and shall make such
tests as, in the judgment of the Customer, are required to
determine whether the Equipment and Service are
functioning properly for their use. The Customer shall
promptly notify the Company in writing in the event the
Equipment or Service is not functioning properly. Except
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as m~y otherwise be set forth in the Company's PSC No. 900
Tariff: (i) the Company, in its sole discretion, shall
repair or replace defective Equipment; (ii) damages
arising out of interruptions, defects, failures or
malfunctions of the Eq~ipmen~ after the Company has been
notified in writing of same by the Customer and has had a
reasonable time to replace or repair E~ipment, shall in
no event exceed an amount equal to the charges made for
the Equipment affected for the period following such
written notice from the Customer until service is
restored; and (iii) the Company shall not be liable for
any other loss or damages arising out of errors,
interruptions, defects, failures or malfunctions of E-911
Service or Equipment, or of any and all other equipment or
data processing systems associated therewith.
11.
INDEMNITY
The Customer agrees to indemnify, defend and hold the
Company harmless from and against any claims that might
arise out of any act or omission of the Company, its
agents, any independent telephone company agents or of any
party calling or utilizing E-911 Service in connection
with Equipment or facilities provided by the Company. The
Customer agrees, except where the events, incidents or
eventualities are the result of the Company's gross
negligence or willful misconduct, to release, indemnify,
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hold harmless and defend the Company from any and all
liabilitF arising from. the installation, operation, use or
failure of the E~uipment provided hereunder.
12.
MISCELLANEOUS
~) As~iq~ment.
Neitker party shall assign this Agreement
wJ~thout the prior written consent of the other, which
consentshall not be unreasonably withheld.
b) C~on~inqemcy. This Agreement is subject to change,
modification, or cancellation as may be required by
state or federal regulatory authority in the exercise
of its lawful jurisdiction.
c) Severability. If any of the provisions of this
Agreement are held to be invalid or unenforceable,
such invalidity or unenforceability shall not
invalidate or render unenforceable the entire
Agreement, but rather the entire Agreement shall be
construed as if not containing the particular invalid
or unenforceable provision or provisions.
d) Non-Waiver. No course of dealing or failure of either
party to strictly enforce any term, right, or
condition of this Agreement shall be construed as a
waiver of such term, right, or condition.
e) Notices. Any notice required or permitted to be given
by either party to the other shall be delivered by
hand or sent by certified or registered mail, return
8799e
-11-
f)
receipt requ~ested~ at the address stated below, and
shall be deemed to have been giveN when hand delivered
or when de, posited in the United States mail with
postage prepaid.
NEW, YORK TE~,LEi~HONE COMP.ANY
~5 ~Ve/l~e of the Americas
Ne~~ YQr~ New Yo?k 100316
A4a~Jn: ~.'P. - Marketing & Technology
NEW~YO~ ~ELEPH~ COMP~
0ff~e ~f the Genera~ Co~Bset
New York, New YOrk 100~6
TO~ OF SO~HO~
Peconi=, ~ew York 1195~
Attn:
Entire Aqreement. This Agreement supersedes all
proposals and negotiations between the parties,
whether oral or written, and constitutes the entire
Agreement between the parties. It may be amended only
by an instrument in writing signed by both parties.
g)
Authorization, Customer represents that this
Agreement is authorized pursuant to resolution adopted
by the Southold Town Board on April 19, 1994, a copy
of which is attached hereto as Appendix B. The
parties acknowledge that the Customer's authority to
make payments for charges and costs specified in this
Agreement is limited to the maximum amounts set forth
87gge
-12-
in said resolution. In the event that the amounts due
from Customer as specified in this Agreement shall
exceed the maximum amounts set forth in said
resolution~ Customer agrees promptly to apply for and
dil~ncj~tly p~rsue such additional aut~horization from
tl%e ~pp~e~ria%e board or officer having jurisdiction
as may be reasonably necessary to continue this
Agreement for the Service Period.
This Agreement is being executed in duplicate originals by
persons who represent they have the authority to do so.
NEW YoRK TELEPHONE ~MPANY
Signature ~~}~ ~9~
Typed Name
Title
Date
Signature
Typed Name Thomas Wickham
Title Supervisor, /own of Southold
Date October 20, 1994
~ L~ ~owd
8799e
~PPENDIX A
Q~antit~
20-line Flush Mounted Consoles
8799e
._. NYNEX
CONSUMER MARKET~
AOVANCED C~JSTO,~C!ER NETWQRK~ PR;CING AND COSTING
SPECIAL ASSEMBLY REQUEST FOR SERVICE
September 28, 1
in response to ~e Cus~omeffs request for Special ASsembly charges, ;o{Jowi~g are ~.~te terms and conditions that ~ppJy:
C~s~om~r N~me: Tow~ of SouthoJd
Customer T~ephon~ Numar: ~16-T37-0080
CSN Num=sr: S~A542
N~w Yo~k,TeJ~ene R~pr~sentat~s and Telephone Numar
Serv[c~ ~s~rtptton: P~vl~e 2C t~ne f{~sh mou~ted console [o ba provided with Touch Tone voice recorder
~e~ece, ~DD jac~ ~t each posI~on ~th. one TDD keyboard and a CAD inteHac= for Eel t se~lce at Southold
Town.
Mon~ly R~te: $i .~0.00
Non-Recurring Rate: HA
Sa~e5 aha exc~se taxes, service establishment ch~r~s, standard tadff surcharges are NOT }~lud~ in the rates stated
~bove. If the Customer does not accept this R~uest for Se~ice by December 28, !gez. the rates shell be de6me~
w[[~d~wn a~d a revisit of the assumptions apd the customeSs ~equ~mments will be ~ecessa~ in additlen, the Request
for se~ice is subject to t~e terms ~nd co~dibons set fo~h in the New York Telephone, PSO No. 900 Tariff.
~f Chis Reduest for Se~ice i5 ac~otab~e to t~e Customer, Cease sign in the space provided below.
CUSTOMER NAME
Prin~ame: ~own of Southold
Title: .... - --~- Supervi~pr ,
Date: _~ber 20. 199~ ............
Customer ~cceptance, please return completed form to:
Advanced Customer Networks Pricing
Special Assembly Group
Room 1420A, 1095 Avenue of the Americas,
New York. N,Y,