HomeMy WebLinkAboutBELLSOUTH COMMUNICATIONS SPECIAL SERVICE ARRANGEMENT AGREEMENT CAS NUMBER GA07 D316-00
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
This Special Service Arrangement (SSA) Agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc., a Georgia corporation, d/bJaBellSouth, ("Company" or "BeIlSouth") and
Augusta, Georgia, a political subdivision of the state of Georgia ("Customer"), and is entered into pursuant
to Tariff Section A5 of the General Subscriber Services. This Agreement is based upon the following
terms and conditions as well as Attachment(s) affixed hereto and the appropriate lawfully filed and
approved tariffs which are by this reference incorporated herein.
I. Scope. Customer 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 Customer 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. For purposes of the determination of any service
period stated herein, said Service period shall commence when the Service is accepted by Customer or
when the customer begins using the Service for its intended operational use, whichever occurs first.
2. Additional Services. Company agrees to provide Customer notice of any additional tariffed services
required for the installation of the Service. Customer agrees to be responsible for all rates, charges and
conditions for anvadditional tariffed services that are ordered by Customer. .
":-:-. - -", -'- -,_:~ ~-'''::- "';:~=:.:,-i,:,,,-_, ';:;.-;';~2"'::-'(: ',=--:::::..-;i-~~, -:;:;:,:::;,~_-.-':::':-::;:;::~:;:,::.:"c~:;::_-:::'-::.::.:: ~:'::~":::-_..:-'::-c~,_':_~:- :::.:~~_'::-:'::'~_:.~-:.::::-::::.-:::.~-.:...,=-,:",.~~ ,;-::::::.::-: _:-::.~-::; :;:::'7'="":~ ~_'7":;~':;=:"":_':-:_~ .::: ::_~ _ ,.::':~>:":C::-_':':''': r;:,,~::_-:- _.. _.' .
3. Regulatory Considerations. 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 of the 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 shilllbe included in the provision of this service.
Except for the expressed rates, charges, terms and conditions herein, in the event any part ofthis
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. Regulatory Approvals. This Agreement may be subject to the appropriate regulatoI)' 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. Cancellation-Prior to Installation. If Customer cancels this Agreement prior to the completed
installation of the Service, but after the execution of this Agreement by Customer and Company,
Customer 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. Termination-Prior to Expiration of Service Period. If Customer cancels this Agreement at any time
prior to the expiration of the Service period set forth in this Agreement, Customer shall be responsible
for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as
all remaining charges as a result of the minimum Service period agreed to by the Company and
Customer and set forth in this Agreement.
7. Choice of Law. This Agreement shall be construed in accordance with the lawsofthe State of
Georgia.
8. Notices. 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
PRIV A TE/PROPRIET AR Y
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page I of"
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
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.
BellSouth
BellSouth Telecommunications, Inc.
Assistant Vice President
2180 Lake Blvd. mail bin 08c23
Atlanta, GA 303 I 9
Customer
Augusta, Georgia, a political subdivision of the state of Georgia
91 I Fourth St
Augusta, GA 30901
9. Assignment. Customer 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
tari ff. .
10. Severability. In the event that one or more of the provisions contained in this Agreement or
incorporated within by reference shaH be invctlid,iHegal,or unenforceable in. anyrespectunderctny
appiica5re'sHttute,=Oregufafory-'requrremen('orni1e'()ffa:~T,'"the'rt''Sil2f{pr6vWI6tis'''~h1ijrl5e~2ortsmeMd~'''''C::Cc
inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this
Agreement shall continue in full force and effect.
II. Merger Clause. Customer acknowledges that Customer has read and understands this Agreement and
agrees to be bound by its terms and conditions. Customer further agrees that this Agreement, and any
orders, 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.
12. Acceptance. 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 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. Taxes and Fees. All charges are exclusive of applicable federal, state or local taxes and fees: Company
may invoice and Customer agrees to pay to Company amounts equal to any taxes resulting from this
Agreement or any activities hereunder including any and all sales and use taxes, duties, or review imposed
or permitted by any authority, government, or governmental agency, exclusive of taxes on Company's net
income. Customer will be responsible for any ad valorem, property, or other taxes assessable on
equipment on or after delivery to the installation site.
14. Risk of Loss or Damage. All risk ofloss or damage shall pass to Customer as to each item of equipment
on the date of delivery to the Customer Service location.
15. Security Interest. Customer grants the Company a purchase money security interest in each item of
equipment or software. Customer agrees to execute any documents that are reasonably requested by
the Company to protect or perfect the Company's security interest.
16. Software License.
PRIV A TE/PROPRIET AR Y
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 2 of I 1
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
a) All software is and will remain the property of Company. Company, with respect to
Company developed software and to the extent authorized under the supplier
licenses, grants to Customer a personal, nontransferable and nonexclusive sublicense
(without the right to further sublicense) to use the software, subject to the following
terms and conditions.
b) Customer shall (i) use the software only in conjunction with the particular Service for which
the software was initially furnished; (ii) use the software solely for Customer's internal
business purposes; (iii) not reverse engineer, decompile, disassemble, reverse translate or
otherwise translate the software into human readable form, nor reproduce the software except
for archival purposes; (iv) return the software, together with all copies thereof, or with
Company's written consent, destroy (or erase, if recorded on an erasable storage medium) the
software when no longer needed or permitted for use with the Service for which the software
was furnished; and (v) keep in confidence all information relating to software and treat such
information as the exclusive property and trade secret of Company or such suppliers.
c) In addition to the above, where Company's suppliers require Customer to sign or otherwise
agree to separate licensing provisions directly with the supplier, Customer shall comply with
such licensing provisions.
17. Changes in Customer Orders. Changes to an order may only be made following agreement of Customer
. ~nd Ccmpany':tc~the:'change::-:Su2h '!.:p:a...Y1ge ~-vv(}ulu:-nut:!IHitt:ti~]ly'ali.t:r:XEe::o!'igii'!al':desigil;;f[liictiohaliry-::Df.::""'~'~',
implementation date. Appropriate documentation will be required so that additions or deletions may be
recorded and charges or credits issued. The Customer's ability to delete items from an order or to return .
equipment is subject to Company's ability to return the equipment to the manufacturer. Restocking,
shipping and handling charges will be assessed with respect to any items deleted or returned. .
a) Shipping Expedites. Unless otherwise agreed to by the parties in writing, Company will provide
the software and hardware one hundred twenty (120) days from the date that this Agreement is
effective. . If requested by the Customer, Company will deliver the Service in less than one
hundred twenty (120) days provided that the Customer pay reasonable expedite delivery charge
that are incurred by Company. Notice of those charges will be provided after the required
delivery date is determined by the Customer and the Company.
b) Delivery Delays. Customer agrees to reimburse Company for all out-of-pocket expenses incurred
by Company if Service delivery is delayed by Customer. Ifthe implementation is delayed,
through no fault of the Company for ninety (90) days from planned implementation, the
Company will have the option to revise the pricing to the then current rates and to collect all
reasonable out of pocket costs for implementation delays, storage and lost margins from
Customer.
c) Additional equipment. Customer acknowledges that the equipment requirements are based on the
current information provided by the Customer and are the best estimate of Customer and
Company. If additional equipment is required, Company will provide the equipment after the
Custorrier's completion and Company's acceptance ofa written change order, which will include
any additional charges to Customer.
d) Customer acknowledges that it has reviewed the proposed configuration and the storage sizing is
adequate for the current site operations. Future operational changes or additional storage
requirements may necessitate additional equipment which will be billable to the Customer.
18. Maintenance.
a) If applicable, maintenance service commences at the earlier of the Service acceptance or the
date that the Customer begins using the Service for its intended operational purpose.
Maintenance may be provided via repair, replacement, or upgrade of defective equipment at
Company's option. If on-site manufacturer service is required, it will be provided at
Company's then current commercial rates.
b) The initial term for maintenance shall be sixty (60) months unless otherwise stated on the
Order. The initial term shall be automatically renewed for successive terms of one (1) year
PRIVATE/PROPRIETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page3 of I I
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
each at Company's then-current rates. Either party may elect not to renew maintenance
service by giving the other party written notice at least thirty (30) days prior to the end of the
then-current term.
19. Remedies and Damages Limitations.
a) The following limitations of liability represent a material inducement to the parties to enter
into this Agreement and to perform Orders at the stated price. If additional risks or
undertakings were contemplated by Company, the additional risks or undertakings would
have been reflected in an increased price. In contemplation of the price, Customer
acknowledges that there is consideration for the limitation of damages and remedies set forth
above and as follows.
b) ANYTHING IN THIS AGREEMENT OR ANY OTHER DOCUMENTS TO THE
CONTRARY NOTWITHSTANDING, NEITHER COMPANY, NOR ITS SUPPLIERS OR
MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, ECONOMIC, OR INDIRECT DAMAGES, INCLUDING
WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OROTHER
UNAUTHORlZED USE, OR LOSS OF USE. THIS LIMITATION OF LIABILITY WILL
APPLY WHETHER ANY CLAIM IS BASED ON CONTRACT, WARRANTY,
NEGLIENCE OR OTHER TORT, BREACH OF STATUTORY OR OTHER LEGAL
U ."-Q,l,I}~X"gJ3.lligTgbES._QE.TNDm.1hfIT.YuORCQNTRII3UTIQN,QR~QTBEE.WlSE,______.:..
WHETHER OR NOt THEY ORCOMP ANY HADN'otrcEUOFTHE POSSIBILITY OF
SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY
DEF AUL T OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL BE
LIMITED TO REPAIR OR REPLACEMENT OF EQUIPMENT OR REPERFORMANCE
OF THE SERVICES AT COMPANY'S EXPENSE OR RETURN OF THE DEPRECIATED
AMOUNT PAID FOR THE EQUIPMENT OR SERVICE IF REPERFORMANCE, REPAIR
OR REPLACEMENT IS NOT REASONABLY A V AILABLE.
20. Default by Customer. Upon any default by Customer under this Agreement, including the refusal to accept
conforming equipment or Services, Company may exercise all remedies to which Company may be
entitled at law or in equity, including specific performance. Additionally, Company may declare all sums
due or to become due hereunder immediately due and payable, and Company shall be entitled to recover
all collection costs incurred, including legal interest. In addition, for payments not received within thirty
(30) days of the invoice date, a late fee not exceeding the lower of two percent (2%) per month or the
maximum rate allowed by law shall be assessed on any past due invoice balance. Company shall not be
obligated to perform Services hereunder if Customer is in default of any of its obligations under this
Agreement for any Order. Upon Customer default, Company may suspend or cancel any outstanding,
unfulfilled Orders without in any way affecting its rights under this Agreement. If Company elects to
continue performing under any Order, Company's actions shall not constitute a waiver of any default by
Customer.
21. Contingencies. Company shall be excused from performance and shall not be liable for any delay or
damage caused, in whole or in part, by any occurrence beyond the reasonable control either of Company or
of its subcontractors or suppliers. Such contingencies include, without limitation, war, civil disobedience,
delay in transportation, failure by suppliers to deliver equipment, governmental action, terrorism, acts of
any third party, labor dispute, accident, fire, explosion, flood, severe weather or other acts of God, power
failure, shortage of labor or materials, or discovery of asbestos or other hazardous substance.
22. Confidentiality.
a) Exceptas set forth in this Section, or as otherwise expressly provided in this Agreement, each
Party agrees that (a) all information communicated to it by the other and identified and marked as
"confidential," whether before or after the date hereof, (b) all infonnation identified as
confidential to which it has access in connection with the Services and (c) this Agreement, all
associated contract documentation and correspondence, and the parties' rights and obligations
PRIV A TE/PROPRIET AR Y
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 4 of 11
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
hereunder (collectively, "Confidential Infonnation"), will be, and will be deemed to have been,
received in confidence and will be used only for purposes of this Agreement. Each party agrees
to use the same means it uses to protect its own confidential infonnation, but in no event less than
reasonable means, to prevent the disclosure and protect the confidentiality of Confidential
Infonnation. No Confidential Infonnation will be disclosed by the recipient party without the
prior written consent of the disclosing party; provided, however, that each party may disclose this
Agreement and any disclosing party's Confidential Infonnation to tho~e who are employed or
engaged by the recipient party, its agents or those of its affiliates who have a need to have access
to such infonnation in connection with their employment or engagement, provided the recipient
party notifies such persons of the obligations set forth in this Section and such persons agree in
writing to abide by such obligations.
b) The obligations set forth in subsection 22.1 above will not prevent any party from disclosing
information that belongs to such party or (a) is already known by the recipient party without an
obligation of confidentiality other than under this Agreement, (b) is publicly known or becomes
publicly known through no unauthorized act of the recipient party, (c) is rightfully received from
a third party, (d) is independently developed without use of the disclosing party's Confidential
Infonnation or ( e) is disclosed without similar restrictions to a third party by the party owning the
Confidential Infonnation. If Confidential Infonnation is required to be disclosed pursuant to law,
regulation, tariff or a requirement of a governmental authority, or in connection with an
~IRitI;~t-jQiJ:q!7~_g}~_gi~!J.tiQp.;-:~.l~(:h.:l::pnfj~e~ti!ll.j!}~~!PJ.9!jg,~:.~~Y::~,~:::rti_~~-Jg?"~.\Lp}!!?l~~I}!--!Q::~~.!-~h~:-:--::- -
requirement so long as the party required to disclose the Confidential Infonnation, to the extent
possible, provides the disclosing party with timely prior written notice of such requirement and
coordinates with the disclosing party in an effort to limit the nature and scope of such required
disclosure. Upon written request at th~ expiration or tennination of an Attachment or order, all
documented Confidential Infonnation (and all copies thereof) owned by the requesting party (if
previously received by the tenninating party) will be returned to the requesting party or will be
destroyed, with written certification thereof being given to the requesting party. The provisions
of this Section shall remain in effect during the tenn of the Agreement and shall survive the
expiration or tennination thereof for a period of four (4) years, provided that the obligations
hereunder shall continue in effect for any Confidential Infonnation for so long as it is a trade
secret under applicable law.
23. Beneficial Use. Beneficial Use occurs when the Customer uses the Service or feature of the Service for its
intended operational purpose (excluding training or testing) prior to the full completion of acceptance
testing ("Beneficial Use"). Upon commencement of Beneficial Use by Customer, payment requirements
will begin and the Customer shall assume responsibility for the use and operation of the Service. Customer
may not commence Beneficial Use without Company's prior written authorization, which may be withheld
in Company's reasonable discretion. Company is not liable for Service deficiencies that occur during
unauthorized Beneficial Use. Customer acknowledges that service corrections and software changes can
result in interruptions to nonnal system operations.
24. Statement of Work. Customer's installation of the Service will begin upon the development of a Statement
of Work by Customer and Company.
25. Warranty Period. Unless expressly provided otherwise in this Agreement, Customer acknowledges that
the Services do not include a warranty period and that billing for the Service will begin upon acceptance or
Beneficial Use by the Customer.
26. 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, approved by the appropriate Company
organization, and incorporated into Company's mechanized system. The undersigned warrant and
represent that the undersigned have the authority to bind Customer and Company to this Agreement.
PRIV A TE/PROPRIET AR Y
CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 5 of II
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07 -0316-00
Option 1 of 1
Offer Expiration: This offer shall expire on: 2/1/2008.
Estimated service interval following acceptance date: Negotiable weeks.
Service description:
This Special Service Arrangement provides a one-time charge for purchase and installation of Positron
Public Safety Systems Corporation E911 Public Safety Answering Position (PSAP) equipment and
software. The monthly rate for maintenance is also provided.
This Agreement is for sixty (60) months.
The service interval will be negotiated.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on the dates set forth below.
Accepted by:
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-..--,....--.".......-..- ..._. -_.- ._,._-.-_.
_..c;._..'-.,,~_;__,,_.,'_"'_..._~._'".~_~_. _____.~ _,.~~~____.~__~._,,__.~,.._~"~.~.
........--...--,--.--. . -'_' .~".. ...,_____.. ...... _.. ,,_u_,_,_,,__.,_.., ___ ',__,_,._,__ .. _____ ,. .....
~v
By:
Title: ~O'{
Date: ~ \Q \D1
Company:
BellSouth Telecommunications, Inc.
By: Government Education Medical
By: ~ (/f Bu5U.k?r'Y'\
o Authorized;sign~fure U
Printed Name: :JfOI'\Y\\k: P. C\U!kOfso/)
Title: ~ \l?1\C I V P
Date: ~Dh-tj 10,
PRIV A TE/PROPRIET AR Y
CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 6 of I I
RATES AND CHARGES
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07~D3 16-00
Option I of I
Rate Elements N on- Recurring Monthly Rate USOC
Positron $3,053.00 $.00 W1173
Site Survey
a) Per site
2 Positron $1,592.00 $.00 WI17A
Power 911 Training - Travel Fee
a) per occasion
3 Positron $255.00 $.00 W117B
Power 911 Training - Living Expenses
a) per day
4 Positron $2,623.00 $.00 W117G
Power 911 Training - Administrator - 2
(Configurator Lite; Power MIS; Windows
NT)
a) per Administrator, each
5 Nonrecurring Charge = Customer Purchase $26,633.00 $399.00 Wl17S
(includes installation)
Monthly Rate = Maintenance
Positron
Power MIS 3.0
Server Component
16-30 Positions
-each
6 Nonrecurring Charge = Customer Purchase $15,353.00 $160.00 W117T
(includes installation)
Monthly Rate = Maintenance
Positron
Power 911 - Base system
-Each
7 Nonrecurring Charge = Customer Purchase $3,514.00 $43.00 Wl17U
(includes installation)
Monthly Rate = Maintenance
Positron
Power 911 - Additional Position
-Each
8 Nonrecurring Charge = Customer Purchase $3,954.00 $34.00 Wl17Y
(includes installation)
Monthly Rate = Maintenance
Positron
PRIVATE/PROPRIETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 7 of 11
RATES AND CHARGES
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07 -0316-00
Option I of I
Power 911 - Object Server
-Each
9 Nonrecurring Charge = Customer Purchase $1,950.00 . $.00 WI17X
(includes installation)
Monthly Rate = Maintenance
Positron
Professional Services,
-per day
10 Nonrecurring Charge = Customer Purchase $2,025.00 $.00 W22CB
(includes installation)
Monthly Rate = Maintenance
Positron
Power MAP Administrator Training
-PerDay
11 Nonrecurring Charge = Customer Purchase $100,433.00 $1,448.00 W22K9
(includes installation)
Monthly Rate = Maintenance
Positron
VIPER Base System
OP x 8T x OA
a) each
12 Nonrecurring Charge = Customer Purchase $4,568.00 $80.00 W22KC
(includes installation)
Monthly Rate = Maintenance
Positron
CIM Card
a) each
13 Nonrecurring Charge = Customer Purchase $2,311.00 $53.00 W22KH
(includes installation)
Monthly Rate = Maintenance
Positron
VoIP FXO Gateway,
8 ports
a) each
14 Nonrecurring Charge = Customer Purchase $961.00 $6.00 W22KL
(includes. installation)
Monthly Rate = Maintenance
Positron
Backroom Position Access License
a) each
PRIV A TE/PROPRIET AR Y
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 8 of I I
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
Option 1 of 1
RA TES AND CHARGES
15
16
17
18
Nonrecurring Charge = Customer Purchase
(includes installation)
Monthly Rate = Maintenance
Positron
VIPER Enabling Kit
a) each
$4,370.00
$64.00
W22KO
Nonrecurring Charge = Customer Purchase
(includes installation)
Monthly Rate = Maintenance
Positron
IWS Server Redundant Disk Array
-Each
$2,769.00
$44.00
W22Q2
N ()nr.e~G1Jrring-,_:C~!tf!_rg,~~,,=,-.~:~!~tQ~_~r"-J?vr~p-fl?e
(includes installation)
Monthly Rate = Maintenance
Positron
Power MAP Staging
-Per position
<t' A ')f"I f"If"I
,...."""tL.\.'.'J'-)
It' f"If"I
'-!l.'-''--'
Contract Preparation Charge
$.00
. WGGVF
$316.00
PRIV A TE/PROPRIET AR Y
CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 9 of I I
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
Option I of I
RATES AND CHARGES
NOTES:
1. A termination liability charge will be applicable if the Customer terminates all or any part of the service
provided in this Agreement prior to the end of the sixty (60) month service period. The applicable charge
is equal to the number of months remaining in the Agreement term multiplied by sixty percent (60%) of the
monthly rates.
2. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve
(12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month
period will require a new Special Service Arrangement.
3. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations
of the General Subscriber Services Tariff apply.
4. This Agreement does not cover the following:
dal11ages,~~u,s,ed by?isasters. such as~~e,flood, wind, or earthquake. '.
ciamagescaltsedby-urrauttio1'ized'discDI1n-ecrs ~Qj~ ;de~po'vi,.eFirriQftne .equ;pmenc'" ._~h~_h________. u ----. - h
damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by
commercial AC power and/or Customer provided generators.
damages caused by modifications to the equipment, unauthorized attachments, alterations,
modification or relocation of the equipment by an unauthorized person.
damage during shipment other than original shipment to the Customer.
damage caused by consumables or spilled liquids, impact with other objects.
damage caused by any other abuse, misuse, mishandling, misapplication.
damage caused by software viruses, however introduced: This Agreement does not include hardware
or software replacement that may be required by the introduction of software viruses or lost data
regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts
at current time and materials rates~
Except as provided in Note 5 below, in addition, in the case of damage, loss, theft or destruction
of the equipment or softWare not due to ordinary wear and tear, the Customer shall be required to
pay the expense incurred by the Company in connection with the replacement ofthe equipment
damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition.
5. Company will repair or replace equipment that is damaged by lightning strikes only if the Customer
provides and maintains proper grounding and bonding of the equipment as specified in the 89-1-1-- PSAP
Site Requirements (a document separate from this Agreement). Where improper grounding is found
Company will repair or replace the damaged equipment on a time and materials basis at the Customer's
expense.
6. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company
even though interconnected or integral to the Service. All Customer-provided equipment must be clearly
marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from
the Company before additional software is added to the Service and agrees to pay current time and material
charges for problems attributable to non-approved software.
7. Customer acknowledges that software installation is limited to the applications sold under this or other
BellSouth agreements.
PRIV A TE/PROPRIET AR Y
CONTAINS PRIVATE AND/OR PROPRIET AR Y INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
Page 10 of I I
..
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number GA07-D316-00
Option I of 1
8. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is
adequate for the current site operations. Future operational changes or additional storage requirements may
necessitate additional equipment which will be billable to the Customer.
9. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the
expiration of the Agreement term, the Customer will be required to pay the applicable termination charge
. as stated in this Agreement. The Agreement provisions concerning termination liability shall be
inapplicable to any state, county, or municipal governmental entity when there is in effect, as a result of
action by such entity and through a duly constituted legislative, administrative, or executive body:
I. a statute;
2. an ordinance;
3. a policy directive; or
4. a constitutional provision
which restricts or prohibits an additional contractual payment for early termination of a contract by any
such entity, or agency thereof, due to an unavailability of funding. When service is being provided and
funding to the governmental entity for such service becomes unavailable, the governmental entity may
cancel the service without additional payment obligation. Absent any official statute, ordinance, policy
directive, or constitutional provision, the Customer shall be responsible for the termination charge.
All
or service marks contained herein are the property of the respective owners.
END OF ARRANGEMENT AGREEMENT OPTION 1
PRIV A TE/PROPRIET AR Y
CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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