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HomeMy WebLinkAboutService Agreement with Qwest Digital for DSL at Meridian Police Department Agreement Number 120920 Billing Number 2088953300 QWEST DIGITAL SWITCHED SERVICE RATE STABILITY PLAN FOR BASIC AND/OR ADVANCED TRUNKS, DID TRUNK TERMINATIONS AND DS'I This is an agreement between CITY OF MERIDIAN POLICE DEPARTMENT ("Customer") and Qwest Corporation ("Qwest"), for the provision of the Qwest Digital Switched Service ("Service"). Throughout this Agreement, Customer and Qwest may individually be referred to as "Party" and/or collectively as "Parties". 1. SCOPE. Qwest shall provide and Customer shall purchase Digital Switched Service ("Service"). Qwest supplies Customer with use of digital DS1 exchange telecommunications Service facility and common equipment, linking Customer's premises to Qwest's local exchange switching office. Service includes: 1) use of digital facility (transmission capacity at a maximum speed of 1.544 megabits per second); 2) use of common equipment to interconnect with Qwest's local exchange switch; and 3) use of Basic and/or Advanced flat usage trunks and DID trunk termination for access to the local exchange and toll networks. Qwest provides Service in accordance with the applicable Tariff, Price List, Price Schedule, Administrative Guidelines, and/or Catalog ("Tariff') which governs Service in the state Service is provided, incorporated herein by this reference. Where any term or condition of this Agreement conflicts with the Tariff, the then current Tariff shall prevail. 2. TERM. 2.1. This Agreement is effective on the latest signature date and expires Thirty-six ( 36) months from the date Service is available to Customer under this Agreement, as evidenced by Qwest records ("Term"). 2.2. If Qwest continues to provide Service after this term without a further Agreement, the provisions for month- to-month service in the Tariff will apply. 3. SERVICE PROVIDED. Qwest will provide and maintain the Service terminating in the locations and quantities noted below. 4. BILLING FOR SERVICE. Customer shall pay each bill in full by the payment due date. If late payment charges are applicable and permitted by law, they may be assessed and billed at 1% percent per month or the highest lawful rate, whichever is less, on the unpaid balance. 5. CHARGES/LOCATION. 5.1. Charges shall commence upon provision of Service as evidenced by Qwest records. Customer agrees to pay the following charges for Service: CUSTOMER'S ADDRESS : '1401 EWATERTOWER MERIDIAN QWEST'S ADDRESS : MERIDIAN MERIDIAN QTY 6 MONTHLY RATE EACH USOC TY403 23.17 36.00 NON-RECURRING RATE EACH QTY ' 14 USOC TY4C3 70.17 MONTHLY RATE NON-RECURRING EACH RATE EACH 61.00 MONTHLY RATE NON-RECURRING QTY USOC EACH RATE EACH I 1 I D7ZD3 I 128.9o I 550.00 Total Rate Stabilized Monthly Recurring Charge: $ 1248.30 Total Nonrecurring Charge: $ 1620.00 5.2. Customer shall pay Qwest all applicable taxes, usual and customary surcharges, and all government imposed fees and charges that relate to the Sen/ice or installation rendered hereunder. The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced services from Qwest. 6. SERVICE CHANGES. 6.1. MOVES. Customer may move the physical location of all or part of Service to another location within the same Qwest intrastate intraLATA serving area as this Service provided the following conditions for the move ("new service") are met; 1) the new service is provided to Customer by Qwest; 2) Customer advises Qwest that the requested new Service replaces existing Service; 3) Customer's requests for the disconnection of the existing Service and the installation of the new service are received by Qwest within thirty (30) calendar days of each other if service is in New Mexico and "at the same time" if service is in any other state; 4) Customer requests Qwest to install the new Service on or prior to the disconnection date of the existing Service; and 5) Customer agrees to sign appropriate agreements and to pay all of the then current recurring and nonrecurring charges related to the new service. 8.2. ADDITIONS TO SERVICE. Customer may request additions to Service and Qwest will supply such additions to Customer, subject to the following conditions: 1) Sen/ice under this Agreement may be added up to twelve (12) months prior to the expiration date of Agreement and will be at the applicable state monthly recurring and nonrecurring rates stated herein. 2) Qwest commercially offers such additions and necessary facilities are technically and practicably available. 6.3. CHANGES. Customer with Advance Digital Switched Services may convert to Uniform Access Solution Service (UAS) subject to the following conditions: 1) Qwest commercially offers such UAS and necessary facilities are technically and practicably available; and 2) Customer pays all applicable new installation charges in accordance with the applicable Tariff for UAS. 6.4. Qwest and Customer agree to execute written amendments to this Agreement for such additions and/or changes. 7. TERMINATION. 7.1. Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected within that thirty (30) day period. Cause is any material breach of the terms of this Agreement. If Qwest terminates this Agreement for cause, or if Customer terminates this Agreement in whole or in part WITHOUT cause, Customer shall pay termination liability charges. If termination is prior to installation of SERVICE and after execution of this Agreement, early termination charges shall be those reasonable expenses incurred by Qwest through the date of termination. If Customer disconnects all or part of Service after installation and Service is terminated below eighty percent (80%) of the initial threshold, Customer shall pay a termination charge equal to fifty percent (50%) of the monthly rate for Service terminated multiplied by the number of months, or portion thereof, remaining in the term of this Agreement; plus the balance of all billed but unpaid recurring and all outstanding nonrecurring charges. Initial threshold quantities under this Agreement are set forth in Section 5, Charges/Location above. 7~2. A termination charge will be waived when all of the following conditions are met: 1)the customer discontinues their contracted service(s) and signs a new service agreement(s) for any other Company provided service(s), 2) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and/or nonrecurring charges), 3) the Customer places the orders to discontinue the service and establish new service at the same time, and 4) a new minimum service period goes into effect when the new service agreement term begins. New service is defined as a newly installed service placed under a new service agreement(s), or newly installed additions to an existing service agreement(s), but does not include renewals of expiring service agreement(s), renegotiations of existing service agreement(s) and conversions from month-to-month service to contracted service. The waiver does not apply to changes between regulated and unregulated products and services, nor to changes between enhanced and non-enhanced services. 8. OUT-OF-SERVICE CREDIT. If Owest causes a Service interruption, an out-of-Service credit will be calculated under the state local exchange tariff. If there is no applicabre tariff and the interruption lasts for more than twenty-four (24) consecutive hours after Qwest receives notice of it, Qwest will give Customer credit calculated by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and then (b) multiplying that daily rate by the number of days, or major fraction, that Service was interrupted. Routine maintenance or rearrangement of facilities or equipment is not considered an Out-of-Service condition provided Service is restored by the end of the period specified in the notification. 9. PERSONAL INJURY; PROPERTY DAMAGE. Each Party shall be responsible for any actual physical damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage arising from negligent acts or omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. 10. LIMITATION OF LIABILITY. QWEST SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN PERSONAL INJURY; PROPERTY DAMAGE SECTION, ANY QWEST LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. '11. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. UNCONTROLLABLE CONDITIONS. Neither Party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 13. DISPUTE RESOLUTION. Any claim, controversy or dispute between the parties shall be resolved by binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. 1-16, not state law. 14. LAWFULNESS. This Agreement and the Parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental or regulatory agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Service is provided. '15. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a provision of this Agreement is terminated but the parties can legally, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. t6. GENERAL PROVISIONS. 16.1. Failure or delay by either Pai, t¥ to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 16.2. This is a retail end user contract. It may be assigned only with the consent of Qwest. Customer may not assign to a reseller or a telecommunications carrier under any circumstances. 16.3. This Agreement benefits Customer and Qwest. There are no third party beneficiaries. 16.4. If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 16.5. This Agreement constitutes the entire understanding between Customer and Qwest with respect to Service provided herein and supersedes any prior agreements or understandings. 16.6. Notwithstanding anything to the contrary, Customer may not make any disclosure to any other person or any public announcement regarding this Agreement or any relation between Customer and Qwest, without Qwest's prior written consent of Qwest's Senior Vice President of Corporate Communications. Qwest shall have the right to terminate this Agreement and any other agreements between the parties if Customer violates this provision, 17. EXECUTION. The Parties hereby execute and authorize this Agreement as of the latest date shown below. Notices concerning this Agreement may be sent to Qwest's Customer billing address of record or to Customer's Address for Notices specified herein, if any. ICus~mer Qweet Corporation "...~?'rized Signa. t[Lre Authorized Signature Name .~yp~ed or Printed Name Typed or Printed Date / / Date Address for Notices: ' Address for Notices: QWEST DSL PRO SERVICE PRICING PLAN ACKNOWLEDGMENT for CITY OF MERIDIAN POLICE DEPT ("Yon") ZCN # I20921 You hereby order from Qwest Corporation ("Qwest") the Qwest DSL Pro Service ("Service") indicated below. You understand and agree that Qwest provides Service in accordance with Federal Communications Commission ("F.C.C:") Access Tariff No. 1, if Service is Interstate or in accordance with the applicable Tariff, Price List, Price Schedule, Administrative Guideline, and/or Catalog if Service is Intrastate, incorporated herein and hereinafter referred to as "Tariff'. In the event of a conflict between the terms and conditions of this Acknowledgement and the Tariff, the then current Tariff will prevail. Qwest DSL Pro Service Requested:: [] Interstate [] Qwest DSL Pro 640 Kbps [] Qwcst DSL Pro I Mbps [] Qwest DSL Pro 4 Mbps [] Qwest DSL Pro 7 Mbps Provide Service at 1401 E WATERTOWER MERIDIAN. Billing Number: 2088953300 Optional Features: Rate Plan The following Monthly and Nonrecurring Rates ("Rates") for Service reflect the Rates cm'rently in effect in the Tariff. You understand the actual Rates will be those in effect in the Tariff on the first date of installation of Service, or for existing Service, the date the service order is completed by Qwest, and will increase or decrease as Tariffed rates change, unless these rates are locked in for a fixed tenn. These Rates do not include any other voice service or features. If You order such service or features, You will be required to pay separately for them. In addition to the Rate, You will pay Qwest all applicable taxes, usual and customary surcharges and all government imposed fees and charges that relate to the Service rendered hereunder. Total Monthly Rate: $ 62.00 and Total Nourecurring Rate: $ 69.00 as of 05/31/2002 You have selected a Tariff Pricing Plan ("Plan") which protects the Monthly Rate from Qwest Initiated Rate increases for Thirty-six (36) months ("Term"), and You understand: If You discormect Service, in whole or in part, after Service is installed, but prior to the completion of the Plan Term, Tariffs discontinuance charges may apply. The discontinuance charge for Qwest DSL Pro Services is 100% of the Monthly Rate multiplied times 40% of the number of months remaining in the Pricing Plan term. If You change or cancel Your order for Service, in whole or in parti prior to installation, Tariff charges may apply. If the above completed information is not as You requested, You must notify Qwest at the telephone number indicated below within thirty (30) days of the date of this Acknowledgment. Any claim, controversy or dispute arising out of Service provided under this Acknowledgment shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Qwest Contact (Printed/Typed Name) Market Unit and Telephone Number Date Acknowledgment was Mailed Out INSTRUCTIONS FOR COMPLETING THE QWEST CORPORATION DSL PRO ACKNOWLEDGMENT The attached Acknowledgment should be used when selling Interstate MegaBit now known as DSL Pro Services, and MegaCentral. This Acknowledgment must be completed by the sales person and mailed to the customer at the time of sale. Please note--the customer does NOT sign or return this document.