HomeMy WebLinkAboutVerizon Service Agreement
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RESOLUTION 2006-720
ADOPTED
DOC ID: 2133
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-720 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER S, 2006:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Snpervisor Scott A. Russell to execute a Service Al!reement between the Town of Southold
and Verizon Services Corp. regarding the conversion ofthe Town's telephone lines to Centrex
lines, subject to the approval of the Town Attorney.
a~a~~:ti..
Elizabeth A. Neville
Sonthold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
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SERVICE AGREEMENT
(Intrastate feB)
Customer Name Town of South old ("Customer")
and address: 53095 Route 25, Main Road, Southold, NY 11971
631-765-1800
2006-365468
Services. Customer hereby requests and agrees to purchase from the undersigned Verizon company ("Verizon") the services
identified in Exhibit A attached to this Agreement, and in any Addendum expressly made a part hereof, and as further described in
Verizon's applicable tariffs, (the "Services") for the service period stated in the attached Exhibit A or Addendum applicable to such
Service (the "Service Period"), subject to Verizon's receipt of any necessary regulatory and other goverurnental approvals required to
provide the Services under the terms hereof The Services will be provided under the terms of this Agreement to the Customer
locations specified in the attached Exhibit A and Addenda attached to or made a part hereof
Charges. Customer will pay the rates and charges set forth in the attached Exhibit A and in any Addendum made a part hereof, and
shall also pay all applicable taxes, fees, and charges, including Federal End User Common Line Charges, charged pursuant to
applicable law, regulations, or tariffs in connection with the Services" If Customer cancels or terminates this Agreement or any
Services prior to expiration of the Service Period, Customer will promptly pay to Verizon termination charges as set forth in the
applicable Exhibit A. Any tariffed back billing limitations otherwise applicable to the Services shall not apply under this Agreement.
Location(s). The Services will be provided under the terms of this Agreement to the Customer locations specified in the attached
Exhibit A. Other Customer locations may be added to this Agreement only upon mutual written agreement of the parties.
Notices. Notices under this Agreement shall be sent by first-class U.S. mail, postage prepaid, to Verizon at Verizon Enterprise Sales
Contract Repository, 700 Hidden Ridge, MC: HQW02L25, Irving, TX 75038, and to Customer at the address specified above. Notices
shall be deemed effective three business days after such mailing.
Miscellaneous. (a) Neither party will disclose the terms of this Agreement to any other person without the prior written consent of the
other party, except as may be necessary to comply with applicable law, regulation, or filing requirements.
(b) In the event of a claim or dispute, the law and regulations of the jurisdiction in which Verizon provides to Customer the particular
Service that is the subject of such claim or dispute shall apply. This Agreement and its provisions shall not be construed or interpreted
for or against any party hereto because that party drafted or caused that party's legal representative to draft any of its provisions.
(c) No liability shall result from Service failures caused by fires, floods, severe weather, acts of goverurnent or third parties, strikes,
labor disputes, inability to obtain necessary equipment or services, or other causes beyond such party's reasonable control.
(d) If any provision of this Agreement or the provision of any Service under the terms hereof is illegal, invalid, or otherwise prohihited
under applicable law or regulation in any State or jurisdiction, or does not receive any goverurnental or regulatory approval required by
law in any State or jurisdiction, then this Agreement shall be construed as if not containing such provision or requiring the provision of
such invalid, illegal, prohibited, or unapproved Service in such State or jurisdiction.
(e) Verizon may assign or transfer part or all of this Agreement to any affiliate or successor to substantially all of its assets in the
locations where Service is provided hereunder. Upon reasonable prior written notice to Verizon, Customer may assign or transfer this
Agreement to any company that is the successor to substantially all of its assets, provided all charges for Services provided prior to
such transfer or assignment are paid in full when due. Except as otherwise required by applicable law or regulation, all other attempted
assignments shall be void without the prior written consent of the other party.
(f) Except as otherwise required by applicable law or regulation, the Services provided hereunder may not be resold by Customer.
Tariffs and Limitation of Liahility. The terms and conditions that shall apply in connection with these Services, and the rights and
liabilities of the parties, shall be as set forth herein and in all applicable tariffs now or hereafter filed with the applicable state
regulatory commission andlor the Federal Communications Commission. In no event shall Verizon be liable for any special, indirect,
incidental, or consequential damages arising in connection with this Agreement Of the provision of any Services, whether claim is
sought in contract, tort (including negligence), strict liability or otherwise. This Agreement (including the Exhibits attached hereto and
any Addenda made a part hereof) and all applicable tariffs constitute the entire agreement between the parties and shall
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supetsede all prior oral or written quotations, conununications, negotiations, representations, understandings or agreements made by or
to any employee, officer, or agent of any party on the subject mailer hereof. This Agreement may not be modified or rescinded except
by a writing signed by authorized representatives of each party.
AGREED AND ACCEPTED:
Town of South old
By
Name/title
Date
Scott A. Russell, Supervisor
September 2006
VERIZON SERVICES CORP., on behalf of the Verizon
company (ies) identified in the Exhibits and Addenda hereto
By
Nameltitle
Date
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Exhibit A
Verizon company name: Verizon New York Inc. (referred to in this Exhibit as "Verizon")
State: New York
Service: lntellioath II Dif!ital Centrex Service (the "Service" or "Services")
Cnstomer name: Town of Southhol
ICB Case No.: 2006-365468
If this Agreement for Service is not accepted by the Customer by October 5, 2006, it shall be deemed withdrawn.
l. Initial Quantity and Charges. Customer agrees to purchase Intellipath II Digital Centrex Service from Verizon in the quantities,
and at the Customer locations and at the rates and charges set forth below during the Service Period. Except as expressly set forth in
this Agreement, the Service will be provided in accordance with the provisions ofVerizon's applicable tariffs. The rates herein require
that all local exchange usage for the Service will be carried by Verizon.
Service
lntellipath II lines (Analog)
(includes all standard features set forth in applicable tariff)
Ouantitv
101*
Monthly Rate
Per Line
$17.75
Intellipath II optional features included in the above Monthly Line Rate:
Call Max (I)
Speed Dial- 6 (3)
* Customer will be allowed to decrease the number of lines in Service to 100 lines without incurring termination liability charges.
2. Monthly Rates. Customer agrees to pay the above monthly rates for Service throughout the Service Period. The monthly line rate
is guaranteed against Verizon-initiated change during the Service Period. The above Intellipath II monthly line rate includes the
Federal End-User Common Line ("EUCL") charge and the New York State Centrex Exchange Access ("CEA") charge. Changes in, or
elimination of, the EUCL, or CEA charges will not result in a change in the monthly line rate stated above. The line charge will be
adjusted to offset any such increase or decrease in, or elimination of, the EUCL or CEA charges so that the monthly line rate stated
above will not change as a result of a change in the EUCL or CEA charges. In addition, Customer will pay applicable taxes and any
applicable service connection charges, nonrecurring charges and tariff surcharges required under applicable laws or tariffs. Billing at
the rates set forth herein for any existing lines of Service to be provided hereunder shall commence as of the start of the first monthly
bill period following execution of this Agreement by both parties. Billing for any new lines to be provided hereunder shall commence
as of the date each such line is installed and activated ("cutover").
3. Service Period and Cutover. Customer shall purchase such Services for a period of thirty six (36) consecutive months following
the execution of this Agreement, installation of the initial quantity of lines of Service (if not previously installed and cutover), and
receipt of all necessary regulatory and other governmental approvals that may be required prior to the provision of such Services under
the terms hereof.
4. Termination Charges. If Customer cancels this Agreement in whole or in part or terminates any Services prior to the expiration
of the Service Period, Customer shall pay to Verizon a termination charge equal to the applicable monthly rate for the terminated
Service (without the CEAC and the EUCL) multiplied by the number of months remaining in the unexpired portion of the Service
Period. Any such termination liability charge shall be due and payable in one lump sum within thirty (30) days of billing. If Customer
terminates this Agreement subsequent to the execution of this Agreement by the Parties but prior to the cutover date, Customer shall
pay to Verizon all costs incurred by Verizon for contract and service preparation. Termination charges will not apply if an exception
contained in Verizon's applicable tariff applies.
5. Additional Lines and Features. Customer may increase the number oflines in service to a maximum of 115 Intellipath II lines
("Maximum Quantity of Lines") at the Locations listed below at the Monthly Rate Per Line herein. If Customer wishes to increase the
number of lines or features to more than the Maximum Quantity of Lines, Verizon will develop the applicable rates and charge.. and
present them to Customer for its consideration. The Service Period for all such additional features or lines of Service shall be
coterminous with the Service Period set forth herein, unless otherwise agreed in writing.
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6. Additional Provisions.
a. Conditions. The parties acknowledge that the rates and other terms of this Agreement are premised on Customer's commitments,
unique network design requirements, and Customer's service mix, usage patterns and concentration, and other characteristics,
including average busy-season busy-hour usage not exceeding 4.0 CCS per line, and intercommunications calls not to exceed 50% of
total intercommunications, local and toll call volume.
b. Service Continuation. If, upon expiration of the Service Period, there is a delay in reverting rates to the applicable tariff or other
Commission-authorized rate(s), or in disconnecting the Services if no tariff or Commission-authorized service arrangement is
available, the Service Period shall be deemed temporarily extended on a month-to-month basis until such reversion of rates or
disconnection of Services is completed. In no event, however, will such temporary extension of the Service Period continue more than
twelve months after the expiration of the initial Service Period.
c. Detariffing. In the event any of the Services are hereafter detariffed, then the terms of the tariffs in effect immediately prior to such
detariffing shall be deemed to be incorporated by reference and shall continue to apply to the provision of the Service to the same
extent as such tariffs applied hereunder prior to such detariffmg.
d. Facilities. Additional charges may be required if suitable facilities are not available to provide Services at any locations, or if any
additional work, services, or quantities of Services are provided. Customer is required to provide an adequate entrance facility and
proper floor space or backboard for any necessary electronics. In the event installation of additional network facilities is required to
provide Services, Verizon will inform Customer of such applicable charges, and Verizon will install such facilities only upon mutual
written agreement of the parties to such additional charges. If Customer does not agree to pay such additional charges, then this
Agreement will be subject to termination by Verizon.
7. Locations. The Services shall be provided to Customer under the terms hereof at the following locations. Other Customer
locations may be added to this Agreement only upon mutual assent of the parties.
Location
53095 Route 25, Southold, NY
4 I 405 Route 25, Southold, NY
Peconic Lane, Southold, NY
Peconic Lane, Southold, NY
Telephone
Numbers
631-765-1800
631-765-2600
631-734-5211
631-765-3140
Initial Quantity of
Lines of Service
77
20
I
3
101
Maximum Quantity
of Lines of Service
Total
115
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ICB #2006-365468
VZ Generated By: hw 8/8/2006
VZ Approved To Fonn: hw 8/8/2006
PROPOSED CENTREX PRICING
BTN
631 765-1800 (existing Centrex)
631 765-2600 (existing Centrex)
LINE SIZE
77
17
3
1
3
101
631 734-5211 (currently POTS)
631 765-3140 (currently POTS)
TOTAL QUANTITY
CURRENT MONTHLY COSTS
NEW CENTREX LINE RATE
NEW CENTREX MONTHLY COSTS (101 lines)
MONTHLY SAVINGS
ANNUAL SAVINGS
TOTAL CONTRACT SAVINGS (3 YEARS)
MONTHLY
COST PER
LINE
$24.81
$27.63
$22.13
$22.13
$2,468.60
$17.75
$1,792.75
$675.85
$8,110.20
$24,330.60
. .
TOTAL
MONTHLY
COST
$1,910.37
$469.71
$0.00
$22.13
$66.39
$2,468.60
NOTES:
1. New Centrex line rate based on 36 month term agreement and minimum of 100 lines.
2. Voice Mail Charges are not included in this proposal.
3. Monthly cost per line includes Access line, FCC surcharges.
4. Centrex line rate of $17.75 includes access line, FCC surcharge and Centrex Equal Access Charge (CEAC).
Confidential
8/23/06
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